http://laws.justice.gc.ca/en/charter/index.html

PART I

PROSCRIBED DISCRIMINATION

General

3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted.

cont in link

http://www.chrc-ccdp.gc.ca/default-en.asp

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NEED A COURT IN NOVA SCOTIA?

http://www.courts.ns.ca/

There are various levels of courts in the province of Nova Scotia.

The Small Claims Court provides a quick, informal and cost-effective method for deciding claims.

The Bankruptcy Court and the Probate Court deal with financial and inheritance matters respectively.

The Provincial Court is where most criminal matters are heard.

The Supreme Court has two branches; the General Division and the Family Division in Metro Halifax and Cape Breton. In other areas, family matters are heard in the Family Court.

And finally, there is the Court of Appeal, the highest court in the province.

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Human Rights Program: NOVA SCOTIA

http://www.pch.gc.ca/progs/pdphrp/docs/icescr_pidesc/ns_e.cfm

Nova Scotia

Article 2: Rights Specifically Subject to Non-Discrimination Provisions

The Human Rights Act prohibits discrimination based on "source of income".

Article 3: Equal Rights of Women and Men

In 2001, Nova Scotia women who worked full-time earned, on average, 71.6 cents for every dollar earned by men working full time. In 2003, women in Nova Scotia earned 69.1 percent (for ALL workers the ratio is 64.4 percent) of what males earned where both worked full-time, full-year. Among paid female employees in the province, 35 percent earned less than $10 per hour in 2003, compared to 22 percent of paid male employees. Since 1996, there has been a decrease in the ratio of female to male earnings.
Matters related to Aboriginal women are discussed within the context of the Mi'kmaq-Nova Scotia Tripartite Forum. For example, a study was conducted of Aboriginal women in Arts and Crafts, which resulted in a proposal and plan for developing business skills for Native Craftswomen. A statistical report on Aboriginal women in Nova Scotia was prepared to inform the work of various Tripartite Forum committees. The Nova Scotia Native Women's Association is a partner in the Tripartite process.

Article 6: Right to Work

Employment supports are provided to more than 10,000 income assistance clients each year. Last year, 43 percent of these clients participated in educational or training programs, 31 percent began employment as a result of the supports and 26 percent enhanced their employability through career development activities. Only 25 percent of clients require the full amount of income assistance.

Employment equity and Workplace Diversity

The Public Service Commission is responsible for the administration of employment equity for the public service of Nova Scotia. As demonstrated below, there was a slight decrease in the total number of members of affirmative action groups in the public service between 2000 and 2005. In 2000, the number of these employees represented 7.82 percent of the total civil service; in 2005 they represent 7.24 percent.

Affirmative action group	2000	2005
Aboriginal persons	49	49
African Nova Scotians	200	187
Other racially visible groups	72	83
Persons with disabilities	471	400

In 2005, there are approximately 6,481 women in the public service and the following is a breakdown of the pay plan distribution for women in 2005.

Pay Plan	# of Women	% of Women
Clerical	1,676	93%
Heath Services	262	95%
Technical	343	28%
Professional	1,016	51%
MCP*	534	45%

* Management Compensation Plan positions

While women are under-represented in some occupational categories, 45 percent of MCP level employees are women. In 1993, women occupied only 30 percent of management positions with the Nova Scotia Public Service.
The Nova Scotia Public Service Commission has established the Diversity Talent Pool, the Diversity Accommodation Fund, and the Diversity Round Table. In 2004-2005, the Affirmative Action Casual Inventory, which provided members of the designated affirmative action groups with entry level casual public service opportunities, was renamed the Diversity Talent Pool. Since September 2004, 24 designated group members have been placed in casual positions within the Public Service. The talent pool is promoted as the best place to find candidates for casual positions. Presentations about the pool have been made to organizations representing designated groups and at careerfairs at the Black Cultural Centre and the Mi'kmaq Friendship Centre. In 2005-2006, the pool will be "on-line" to encourage applications from designated groups for all positions within Government.
Job seekers with disabilities face additional challenges, such as access to technical aids and equipment, or workplace accommodations. The Diversity Accommodation Fund helps the Government hire persons with disabilities who may need some job accommodations.
The Valuing Diversity Round Table provides strategic advice, information, and expertise to the Government. In particular, the Round Table will provide advice and guidance in matters relating to the Affirmative Action Policy and its application, initiatives and tools to support the Diversity Initiative, templates and methodologies that will assist Government to implement affirmative action plans, and employment system reviews.

Aboriginal people

The Mi'kmaq-Nova Scotia-Canada Tripartite Forum's Economic Development Committee has put forward a number of initiatives focused on enhancing Aboriginal skills and employment, including Open for Business, an initiative focused on Aboriginal youth and developing entrepreneurship and business skills. Also, the Government, through the Economic Development Committee, has supported an Aboriginal Youth Business Summit.
On November 20, 2003, the Government entered into an agreement with Michelin North America (Canada) Inc., the Government of Canada and the Mi'kmaq of Nova Scotia to enhance Aboriginal participation in the workforce.

Persons with disabilities

In April 2004, a new federal/provincial agreement was signed to replace the existing Employability Assistance for People with Disabilities initiative. This new Agreement, the Multilateral Framework for Labour Market Agreements for Persons with Disabilities, will ensure that Nova Scotia can continue to support labour market programs for adults with disabilities through a broad range of more flexible programs and services, from skills development to encouraging employment readiness, from supporting a person at work, to ensuring that a person is able to remain working.

Article 9: Right to Social Security

Between 2000 and 2005, the number of people on income assistance in Nova Scotia declined from 35,000 to 32,000. The total program expenditure, however, increased, because of additional support services such as training, pharmacare and special needs, as those individuals who continue to receive income assistance have more complex barriers to employment requiring multiple, long-term interventions.
The Government increased social assistance rates in 2004 and 2005, which represented a two-year, annualized increase of $4.6 million. Single adult renters will receive an additional $50 per month, while single adults boarders will receive an additional $25 per month. Starting October 2005, the personal allowance will be $190 per month and the shelter allowance will range from $260-$535 per month for individuals to $550-$600 per month for families.
In August 2001, the Government introduced a new Employment Support and Income Assistance Program, which represented the most significant change to Nova Scotia's welfare system in more than 30 years. The program provides for a person's basic needs while encouraging and supporting them in their efforts to become self-sufficient. People receiving assistance develop a personal plan that outlines their barriers and strengths to employment and the necessary steps they must take to get a job. Other improvements include enhanced benefits for pharmacare, child care, transportation, work related items (e.g. work boots), integrated child benefits and training.

Family-related benefits

The Government of Nova Scotia has made some important strides in addressing child poverty as part of the National Child Benefit (NCB) (see Introduction to the present report). Nova Scotia has expanded and strengthened programs and services to help low-income families. In 2002-2003, the total spending on NCB programs was $30.9 million. See Canada's Fifth Report on the International Covenant on Civil and Political Rights for additional information on the Nova Scotia Child Benefit.

Article 10: Protection of the Family, Mother and Child

Nova Scotia provides funding for child care to promote healthy development of children and to support working parents needing child care. As of June 2005, there are approximately 60,000 children six years of age and younger, and there are approximately 12,000 licensed child care spaces serving children aged 13 years and younger. This includes approximately 9,300 full day spaces in 220 centres (105 non-profit and 115 commercial), and 3,200 part day spaces in 148 centres (77 non-profit and 71 commercial).
Since 2001, Nova Scotia has contributed more than $77 million as part of the Early Childhood Development (ECD) initiative. Direct funding to regulated child care in Nova Scotia is approximately $19 million per year. Nova Scotia provides funding for child care through two streams, subsidized child care for families in need and financial assistance to child care centres in the form of infrastructure grants/loans to support expansion of child care and operating costs of centres.
The most recent Government of Nova Scotia progress report on Early Childhood Development investments and outcomes is available online, at http://www.gov.ns.ca/coms/families/early_childhood.html. Information on the Early Childhood Development Agreement can be found in the Introduction to the present report.

Family violence

In April 2002, the Government launched a process to redesign its family violence programs (Transition Houses, Women's Centres, and Men's Intervention Programs). The Government's response lays out a plan for working with service providers to meet specific community needs. It is available online at http://www.gov.ns.ca/coms/families/community_
outreach.html.
The Government funds nine transition houses for abused women and children. Statistics indicate that annual admissions to transition houses decreased from 1,037 in 1992-1993 to 869 in 2002-2003, however, family violence remains a significant issue. A report was prepared in January 2004 and may be found online, at http://www.gov.ns.ca/coms/families/pdf/Womens_
Centres_Mens_Intervention_Program_Jan2004.pdf.
As part of the Domestic Violence Intervention Act, which was passed in 2003, victims of family violence now have access to emergency-protection orders that preserve financial and physical well-being. Emergency protection orders can range from 30-day orders, which provide for temporary possession of the home or bank accounts, to orders that direct an individual to have no contact with the victim.
Other Government initiatives include:
- Regional plans are being developed by the fall of 2005 for women's centres, men's intervention programs and transition houses, to provide more outreach and information ation services.
- A Deputy Minister's Leadership Committee on Family Violence has been established, including the Deputy Ministers of the Departments of Justice, Health, Education and Community Services.
- The Advisory Council on the Status of Women works to reduce violence against women in communities, workplaces and families.

Article 11: Right to an Adequate Standard of Living

Measures to reduce poverty

Combating poverty requires action on many fronts. The majority of people receiving income assistance need literacy programs, academic or skills developments and the Community Services Employment Supports focuses on these needs. In 2004, 43 percent of those receiving support services participated in educational or training programs.
Information on the Employment Support and Income Assistance Program can be found under Article 9.
In June 2004, the minimum wage in Nova Scotia was increased to $6.50 per hour. It was raised again in May 2005 to $6.80 per hour. It is estimated that in 2005, about 21,900 Nova Scotians work for minimum wage. The increase will benefit those who need it most by increasing their gross yearly income by about $624 with the first increase, and an additional $728 with the second.

Homelessness

Under the Government of Canada's Supporting Community Partnerships Initiatives (SCPI), organizations and agencies received approximately $6.6 million under Phase One (1999-2002) of the Initiative and an additional $6.5 million has been allocated to the province under Phase Two (2003-2006). The Province contributes to the operating costs and the establishment of many of the projects funded by SCPI, such as approximately $6.5 million to support homeless related facilities in 2003-2004.
In September 2002, Nova Scotia entered into an Affordable Housing Agreement with the Government of Canada in which each level of government committed to $18.63 million in funding to create or renovate 850 to 1,500 units over five years. See Canada's Fifth Report on the International Covenant on Civil and Political Rights for additional information.
The second phase of the Canada-Nova Scotia Affordable Housing Agreement was signed in March 2005. In this phase, the total investment in affordable housing in Nova Scotia will reach $56.18 million by 2008 and will be used to create new rental housing and homeownership options, and to rehabilitate or convert aging housing stock. As of March 31, 2005, approximately 330 dwelling units have been constructed or renovated through funds made available under this agreement.
Also, since 2001-2002, the Nova Scotia Housing Development Corporation has funded approximately 16 projects. Approximately $11.8 million in assistance was provided in 2003-2004 to help nine projects, including a 30-unit assisted living project and two properties for individuals with physical and developmental disabilities.
In addition to the initiatives under the Affordable Housing Agreements, Pendleton Place, a shelter for individuals with mental health and substance abuse problems, opened in the fall of 2004.
An enhanced partnership between the government and shelter operators was announced in May 2005 to make the best possible use of existing resources and to provide enhanced supports for those with mental health and substance abuse issues so that anyone seeking shelter can be accommodated in the existing system. Nova Scotia will also be working with the Government of Canada in this area.

Article 12: Right to Physical and Mental Health

There is a provincial funding commitment to support the skills assessment, recruitment, placement and retention of internationally educated health professionals (physicians) through the Clinical Assessment for Practice Program (CAPP). Further information on this program can be found online at http://www.capprogram.ca/index.html.
The Nova Scotia Diversity and Social Inclusion in Primary Health Care Initiative is a three-year plan, started in 2003 and funded by Health Canada's Primary Health Care Transition Fund. It highlights issues and facilitates the development of culturally inclusive policies and the first provincial guidelines for culturally competent primary health care in Canada, with participation from provincial District Health Authorities, the IWK Health Centre, Community Health Boards, Health Canada, communities including First Nations, African Canadians, Acadians/Francophones and immigrants, providers, researchers and community-based organizations.
The Office of the Provincial Medical Officer of Health has the responsibility to protect and promote the public's health in the following areas:
- communicable disease control
- environmental health
- emergency preparedness and response.
In 2003, the Province instituted a provincial SARS Response Plan to deal with any cases, which occurred in Nova Scotia.

Aboriginal people

The Tui'kn ( Mi'kmaq word for passage) initiative, which consists of local health-care teams including a doctor, a dietician, a pharmacist, a nurse and a health educator, was established in 2004 to improve health status and outcomes, build on the strengths of each of five Cape Breton First Nations communities, improve coordination and integration of services and work toward sustainability through increased accountability and community capacity building. It was based on a similar program started in Eskasoni, and studies showed that 89 percent of Eskasoni residents felt that the quality of health-care services in their community improved during the program. There was also a significant decrease in the number of times area residents visited the doctor or went to the emergency room.
In addition, the Province is involved in the collaborative development of an Aboriginal Health Blueprint. This is part of a series of commitments made by First Ministers at their September 2004 meeting.

Women

The Healthy Balance Research Program is exploring the relationships between women's health and well-being and their paid and unpaid work, including caregiving. Four research streams are being conducted: a Nova Scotia population-based survey, focus groups, secondary data analysis and caregiver portraits. The goal is to bring to the policy arena a message about the importance of building a caring society and a healthy balance for women. Voices of women traditionally under-represented in research (African Nova Scotian women, Aboriginal women, immigrant women, women with disabilities) are included through Equity Reference Groups who advise on culturally appropriate methodology and dissemination strategies. This five-year project, started in April 2001, is funded by the Canadian Institutes of Health Research as a Community Alliance for Health Research. The Nova Scotia Advisory Council on the Status of Women and the Atlantic Centre of Excellence for Women's Health are lead partners.

Youth

In 2005, new provincial prenatal education and support standards and youth health center standards that address accessibility issues for vulnerable groups were introduced. Also, the Healthy Beginnings Enhanced Home Visiting initiative provides increased support for families who need additional support in the early years.
Funding has been committed to provide universal access to breakfast programs for elementary school children.
In April 2003, the provision of health care services to youth in correctional facilities was centralized. The IWK Health Centre provides health services to youth at the NS Youth Centre in Waterville through an interdisciplinary health team including nurses, psychologists, social workers, a physician and psychiatric services. In addition, a Sexually Aggressive Youth Treatment program has begun for youth who are in the correctional centre as well as in the community. Psychiatric and psychological assessments for the courts are conducted in the community, in the hospital or in the youth centre depending on the clinical need of the youth.

Article 13: Right to Education

An amendment to the Governor in Council Education Regulations in 2004 allows a student with special needs to be funded to attend a designated special education private school.

Back to Index

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Where can I find a copy of the
Canadian Criminal Code?

Criminal Code of Canada:

http://laws.justice.gc.ca/en/C-46/index.html

Criminal Code

Related Information

Related Regulations

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Possible public servant /govt accountability?
BILL C45

What is Bill C-45?

Bill C-45 is federal legislation that amends the Canadian Criminal Code. Bill C-45 became law on March 31, 2004 and is now the new Section 217.1 in the Criminal Code which reads:

"2.17.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task."

The bill established new legal duties for workplace health and safety, and imposes serious penalties for violations that result in injuries or death. It also establishes rules for attributing criminal liability to organizations, including corporations, for the acts of their representatives and also creates a legal duty for all persons directing work to take "reasonable steps" to ensure the safety of workers and the public.

Why was Bill C-45 (Section 217.1 in the Criminal Code) created?

Bill C-45, also known as the "Westray Bill", was created as a result of the 1992 Westray coal mining disaster in Nova Scotia where 26 miners were killed after methane gas ignited causing an explosion. Despite serious safety concerns raised by employees, union officials and government inspectors at the time, the company instituted few changes. Eventually, the disaster occurred.

After the accident the police and provincial government failed to secure a conviction against the company or three of its managers. A Royal Commission of Inquiry was established to investigate the disaster. In 1998, the Royal Commission made 74 recommendations. The findings of this commission (in particular recommendation 73) were the movement that led to Bill C-45.

What are the main provisions of Bill C-45 (Section 217.1 in the Criminal Code)?

Bill C-45 (Section 217.1 in the Criminal Code):

Created rules for establishing criminal liability to organizations for the acts of their representatives.

Establishes a legal duty for all persons "directing the work of others" to take reasonable steps to ensure the safety of workers and the public.

Sets out the factors that courts must consider when sentencing an organization.

Provides optional conditions of probation that a court may impose on an organization.

Who does this Criminal Code affect?

This Criminal Code affects all organizations and individuals who direct the work of others, anywhere in Canada. These organizations include federal, provincial and municipal governments, corporations, private companies, charities and non-governmental organizations.

Who is responsible for enforcing this Criminal Code?

Police and crown attorneys enforce Bill C-45. The police and crown are responsible for investigating serious accidents and will determine whether any charges should be laid under the Canadian Criminal Code. The criminal code is a very different set of rules, and should not be confused with "regular" occupational health and safety laws (OH&S) and how they are enforced.

Who is responsible for enforcing occupational health and safety laws?

Depending on your jurisdiction, the Ministry (or Department) of Labour or Workers' Compensation Board (WCB) enforces OH&S laws. Across Canada each province, territory and the federal government are responsible for enforcing their own individual set of occupational health and safety laws. Each jurisdiction employs inspectors who visit workplaces to ensure companies are complying with their OH&S rules. In the unfortunate event of a serious accident, these inspectors conduct an investigation and determine if a charge should be laid under the appropriate section(s) of the OH&S act or regulation. An accused individual or company may then need to appear in court where a fine or other penalty could be imposed if they are convicted. The police are not normally involved in this process.

Does Bill C-45 (Section 217.1 in the Criminal Code) impact on other legislation?

No. Bill C-45 is a separate piece of legislation that applies to the Canadian Criminal Code only. It does not intrude upon, or override, other existing federal, provincial or territorial occupational health and safety statutes and regulations. In the event of a conviction; however, Bill C-45 does require the courts to look at any penalties imposed by other jurisdictions in determining a sentence.

Can a company be charged under a provincial OH&S act and the Criminal Code at the same time?

Not likely. According to the Charter of Rights and Freedoms, a party cannot be charged for the same offence twice -- whether found guilty or acquitted. This rule against multiple convictions for the same offence is known as "double jeopardy".

What types of offences will be targeted?

It is unclear at this time. To date we are only aware of two cases, where individuals were charged under the new provisions in the Criminal Code. In both cases, these charges were later dropped.

Note: At the time the law was being discussed in parliament, the government commented on its intentions for the Bill stating that:

"the criminal law must be reserved for the most serious offences, those that involve grave moral faults... the Government does not intend to use the federal criminal law power to supplant or interfere with the provincial regulatory role in workplace health and safety"

These comments may serve to help guide authorities in their application of the law, but they do not in of themselves constitute the law. Once a law is passed, it is up to the police, crown attorneys and the courts to interpret and apply the law based on the Criminal Code and previous cases under common law.

Has anyone been charged?

Yes. To date there have only been two cases where individuals were charged though in both cases, the charges were later withdrawn.

On April 19, 2004 near the city of Newmarket, Ontario a worker was killed after the ground around him collapsed while digging a ditch at a residential construction site. The construction site supervisor was charge under section 217.1 of the Criminal Code with one count of criminal negligence causing death. In March 2005 the charges of criminal negligence against the site supervisor were dropped in an apparent plea bargain which saw the supervisor agree to three of eight charges under the Ontario Occupational Health and Safety Act.

In the other case, in June 2002 near Calabogie, Ontario, two people were killed when a gate to a hydroelectric dam was opened, causing a flood. Two supervisors were acquitted of criminal negligence causing death in 2006.

How can I ensure a safe workplace and limit my liability?

Employers can limit their liability and reduce the chances of being charged under the provisions of the Criminal Code by implementing an effective workplace health and safety program.

You will want to know:

what your legal obligations are under occupational health and safety laws and standards,

what hazards exist in your workplace, and

how to effectively reduce or eliminate them.

You will also want to ensure employees are aware of the company's health and safety program, are informed of any risks, and receive appropriate training and protective equipment.

Below are some OSH Answer documents that may help. You may also want to consider hiring a health and safety consultant to assist you with this process.

Responsibilities

OH&S Legislation in Canada - Introduction

OH&S Legislation in Canada - Basic Responsibilities

OH&S Legislation in Canada - Internal Responsibility System

OH&S Legislation in Canada - Due Diligence

Elements of a Health and Safety Program

Basic OH&S Program Elements

Job Hazard Analysis

Risk Assessment

Inspection Checklists - General Information

Guide to Writing an OSH Policy Statement

For further information, review our other OSH Answers documents at:

http://www.ccohs.ca/oshanswers/hsprograms/

Plain Language Guide: Bill C-45 - Amendments To The Criminal Code Affecting The Criminal Liability Of Organizations:

http://www.justice.gc.ca/eng/dept-min/pub/c45/

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http://ccla.org/
Canadian Civil Liberties Association

http://www.ccla.org/rightswatch/

Overview

French
The Canadian Civil Liberties Association is a national organization that was constituted in 1964 to promote respect for and observance of fundamental human rights and civil liberties. Our work, which includes research, public education and advocacy aims to defend and ensure the protection and full exercise of those rights and liberties.
The Association is sustained by several thousand paid supporters drawn from all walks of life.

History of CCLA
Since the mid 1960s, the Canadian Civil Liberties Association (CCLA) has been a leader in protecting our fundamental freedoms.

The fight against abuse of state authority has not always won popularity contests for the CCLA, but the association has earned widespread respect for its principled stands on such issues as censorship, capital punishment, and police powers.

The CCLA was formed in 1964 by a group of citizens, primarily based in Toronto, who were alarmed about a proposal by the Ontario government to drastically increase police powers. While the police bill was withdrawn after extensive protest, civil libertarians saw a need for an ongoing watchdog group to guard against threats to democratic rights.

Since then the CCLA has spoken out on hundreds of issues, from film censorship to the rights of welfare recipients not to be harassed by government officials, from forced religious teaching in the schools to the rights of political groups to demonstrate in the streets.

While the CCLA has operated with a volunteer board of directors made up of prominent citizens, its chief public spokesperson from 1968 to July 2009 has been lawyer Alan Borovoy. From a small office in downtown Toronto, Borovoy and the rest of the CCLA’s small staff have organized court interventions, presentations of briefs to legislative committees, and rallies, as well as a programme to educate students on the value of civil liberties.

“Our strategy has always been to raise hell without breaking the law,” Borovoy often said.
Throughout, the CCLA has always been backed financially only by its members and supporters. It has neither sought nor received any government money.
Over the years, active CCLA members have included some of Canada’s most well known names in law, journalism, politics, the arts, labour, business and other fields. Our founding president was former Ontario judge and lieutenant-governor J. Keiller MacKay, and early activists included prominent journalists Pierre Berton, June Callwood and Barbara Frum. Political leaders such as Allan Blakeney and Dalton Camp have been active as have top names in the legal field, such as Louise Arbour and Edward Greenspan.

Within a few years of its founding, the CCLA spoke out vigourously against one of the most severe restrictions of liberty in Canadian history, the invocation of the War Measures Act during the Quebec crisis of 1970. At the time, the CCLA was one of the few groups to protest against the imposition of martial law and the arrest of hundreds of Canadians even though no charges were laid against them.

Other early campaigns by the CCLA included the fight against religious instruction in the public schools, and the push for independent investigation of complaints against police forces, an issue that is still alive today. The CCLA was also active in publicizing the difficulties accused citizens were having consulting lawyers.

In the 1970s, the CCLA became more active on human rights related questions, becoming one of the first groups to document under-representation of visible minority groups in parts of the job market. In one of the association’s more well publicized actions, CCLA activists called up employment agencies posing as employers but specifying they wanted only white workers. Such surveys found a widespread willingness to discriminate. Its unique research enabled the CCLA to document its argument that existing human rights legislation was not strong enough. This set the stage for the ensuing employment equity campaigns.

The rights of citizens receiving welfare or charged with criminal offences have always been a focus of CCLA attention. In its early years, the association challenged the infamous “spouse in the house rule” that treated women welfare recipients unfairly. The CCLA was the first group to propose that citizens who had been wiretapped by police should be informed of the fact once the bugging has ended....cont in link....

Currently, CCLA is working on issues of national security, police accountability, freedom of expression, freedom of association and freedom of religion and anti-discrimination and equality. Nathalie Des Rosiers is the new Executive Director. ” The work of a watchdog such as the CCLA is to maintain its vigilance to ensrue that our democracy continues to function and that abuses of power are denounced and stopped,” Des Rosiers says.
This post is also available in: French

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Applicable Canadian Criminal Code:

When truth a defence

311. No person shall be deemed to publish a defamatory libel where he proves that the publication of the defamatory matter in the manner in which it was published was for the public benefit at the time when it was published and that the matter itself was true.

R.S., c. C-34, s. 275.

Publication invited or necessary

312. No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter

(a) on the invitation or challenge of the person in respect of whom it is published, or

(b) that it is necessary to publish in order to refute defamatory matter published in respect of him by another person,

if he believes that the defamatory matter is true and it is relevant to the invitation, challenge or necessary refutation, as the case may be, and does not in any respect exceed what is reasonably sufficient in the circumstances.

R.S., c. C-34, s. 276.

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Odd how government employees are encouraged and highly respected by the ethical and the intellects for coming forth with their accounts of abuse and corruption and are protected by Whistle Blower Legislation.Yet if community voice does the same they are silenced through intimidation tactics, abuse, degradation, financial or housing coercion by the very oppressors that inflict the original injury and inhumanity.

We understand that not everyone is computer literate, including this administrator. We wish to encourage people to take advantage of the many computer classes at our very capable libraries in Metro. We also encourage that others offer to help teach those who are without this knowledge or perhaps take the notes and type it for that person who may not be able to do so. It is in the offering with others that we find our most honest selves.

Also in recent news in keeping with items for public interests:

http://www.theglobeandmail.com/news/national/top-court-transforms-press-freedom-with-new-libel-defence/article1409816

KIRK MAKIN

From Wednesday's Globe and Mail Published on Wednesday, Dec. 23, 2009 12:00AM EST Last updated on Wednesday, Dec. 23, 2009 2:28AM EST

JUSTICE REPORTER

The Supreme Court

of Canada transformed the country's libel laws yesterday with a pair of decisions that proponents say will expand the boundaries of free speech.

The court ruled that libel lawsuits will rarely succeed against journalists who act responsibly in reporting their stories when those stories are in the public interest.

It also updated the laws for the Internet age, extending the same defence to bloggers and other new-media practitioners.....

"Freewheeling debate on matters of public interest is to be encouraged and the vital role of the communications media in providing a vehicle for such debate is explicitly recognized," Chief Justice McLachlin said in a pair of 9-0 decisions.

Although the court acknowledged that free expression does not "confer a licence to ruin reputation," it argued society is best served by fearless commentary and investigative journalism...

The acceptance of this new defence by the Supreme Court of Canada will greatly advance the cause of freedom of expression, transparency and responsible journalism in Canada."

Chief Justice McLachlin said that context is critical. She urged trial judges not to parse controversial statements in isolation, but to consider the entire subject matter.

Other critical factors listed by the court were: the seriousness of a published allegation; the public importance and urgency of the issue; the status and reliability of a source; and whether the plaintiff's side of the story was sought and accurately reported...

Paul Schabas, a lawyer for the Star, said yesterday that the ruling "is hugely important; the most important libel decision ever released by the Supreme Court. It is a victory for the right to speak responsibly about public matters - to put issues to the public and let the public debate and decide."...

Dean Jobb, a journalism professor at University of King's College in Halifax, said that a revamping of the libel laws was long overdue.

"The court has recognized that the definition of 'journalist' is expanding in our online world," Prof. Jobb said. "Bloggers and anyone else publishing information on matters of public interest can claim the defence, provided the way they gather and present the news conforms with the ethical standards of journalists."

Response: A Thousand Voices

8.1.09

CHARTER /LEGISLATION/ STATUTE