Why Harper won't touch the human rights commissions.

When the National Post and Toronto Star agree on something, it is worth paying attention to. When the Post and Star are joined by The Globe and Mail, Montreal Gazette, Calgary Herald and just about every daily paper across the country in saying, “Something must be done.” Well then you really should pay attention.

Since the news of Macleans Magazine facing a human rights investigation surfaced, joined by the video of Ezra Levant’s questioning before a commission employee being posted online, there have been calls in newspapers, on blogs and on the airwaves (talk radio took this story up early) for something to be done about the power being exercised by the human rights commissions in Canada. So far the only thing that has happened is that Dalton McGuinty’s Liberal government has given the Ontario Human Rights Commission more power and more leeway in how they go after cases.

From the federal government, nothing. (Except the announced appeal of Warman v. Lemire.)

That’s odd considering that most of the calls for reform have been aimed at the federal body, the Canadian Human Rights Commission and Section 13.1 of the Canadian Human Rights Act.

13. (1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.

The first federal politician to come out and say that Section 13.1 needed to go was Liberal MP Keith Martin who was promptly linked to unsavoury characters by a Canadian Press story that had him siding with white supremacists. Since then there have been plenty, although most of the high profile ones have been Conservatives including cabinet ministers such as Jason Kenney and even Justice Minister Rob Nicholson. Some have called for abolition of Section 13.1 while others such as Liberal MP and former Justice Minister Irwin Cotler call for reform.

Somewhere out in cyberspace there is the link to a post by blogger and free speech advocate Kathy Shaidle about her encounter with the campaigning Michael Ignatieff where he agrees that Section 13.1 is a problem.

So why no moves from the Harper government to fix it?

When Ezra Levant and Mark Steyn hosted their free speech event in Ottawa recently, an event co-sponsored by Liberal Senator and Trudeau advisor Jerry Grafstein, several Harper cabinet minister came out in support, laughed and clapped at all the calls for doing away with Section 13. I had a chance to ask one of them why their boss won’t move on this issue, he told me, optics. According to this source in the know, PM Harper doesn’t want to touch any issue that might give the Liberals an opening to accuse the Conservatives of being social conservatives. Thus no movement on abortion, family issues or free speech - yes, free speech belongs in the do not touch category apparently. That may sound odd given that Liberals and even Liberal papers like the Star have called for fixing Section 13.1 but that is how the government sees it.

Hopefully I’ll get a chance to ask Mr. Ignatieff what his position is, especially given his past musings with Ms. Shaidle but it is no secret that one of his senior advisors, Warren Kinsella, is outright opposed to the idea of reforming Section 13. Kinsella is one of the most strident defenders of the CHRC, it will be interesting to see if his thinking is rubbing off on his boss. If it has, expect as I have written before, for the issue of the human rights commissions to become election fodder.

Brian Lilley is the Ottawa Bureau Chief for radio stations Newstalk 1010 CFRB  Toronto and CJAD 800 Montreal. Follow Brian on Twitter to get the latest as it happens.