Letters and messages from the chief commissioner: January 27, 2008
Chief commissioner’s letter responding to comments about the Commission’s investigative process
This letter was submitted to the Edmonton Journal as written below and published in the Journal in an edited version on January 27, 2008.
Re: “I don’t usually agree with Levant, but he is right on free speech” by Paula Simons, January 24, 2008.
Simons writes of Levant being hauled before a provincial human rights commission staff member to answer a complaint laid against him and in the process raises concerns about the implications of that investigation for free speech. I am concerned that the column may have created confusion about the role of the Commission and the process, established by law, the Commission must follow when it receives human rights complaints.
Firstly, I would like to point out that no one is ever “hauled” before a Commission investigator. Individuals who have had a complaint made against them are invited to respond in person or in writing to the allegations of the complainant. This opportunity is provided to ensure fairness in the process.
Secondly, all human rights commissions are controlled by legislation that requires them to attempt to settle complaints of discrimination within the specific criteria of provincial legislation. In Alberta, Commission staff work to resolve complaints through a series of steps including conciliation and investigation. Complaints that cannot be resolved by staff proceed to a public hearing stage where a panel of Commissioners make a decision.
The column also leaves the impression that a determination has been made about the complaint lodged against Levant. That is not the case. To date, all that has occurred is the first step in an investigation to determine whether there is a reasonable basis to proceed with the complaint.
Freedom of speech is a Charter right guaranteed to every Canadian. In addition, Alberta’s human rights legislation confirms that every individual is entitled to free expression of opinion. What is missing in the column is an acknowledgement of the right of every Albertan to file a complaint if they feel they have been a victim of discrimination. If such a complaint is lodged, staff and Commissioners are bound by law to deal with it.
To pre-judge the outcome of the process of the complaint against Levant and to suggest that the Commission is working to limit free speech is unfair to everyone involved. Those who provide important service to Albertans through the Alberta Human Rights and Citizenship Commission continually strive to resolve conflict and promote respect for the dignity of every person. A key part of their work is to ensure that, in the resolution of complaints, a balance is maintained between one person’s right to say and do what they want and another person’s right to file a complaint.
Charlach Mackintosh
Chief Commissioner
Alberta Human Rights and Citizenship Commission
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