In the matter of Elmasry and Habib v. Roger’s [sic] Publishing and MacQueen (No. 4), heard before the British Columbia Human Rights Tribunal this past June:
More comment to follow once I’ve read the thing, but be clear on this: it is no victory to be told by a shadowy government agency that you will be permitted to publish. This ruling only preserves the tribunal from utterly discrediting itself, and as such keeps alive the possibility that some other complainant can drag Maclean’s or any other media organization through yet another travesty half-a-continent away, at great expense of time and money. It also prevents Maclean’s from appealing the tribunal’s decision to an actual court, wherein it might have had the relevant section of the B.C. human rights laws thrown out on constitutional grounds. (Or does it? Can you appeal when you win?)
So the real fight, that of returning our human rights laws to their original purpose, and permanently clipping the wings of the human rights commissioners, will have to be won in the political arena. Until that day…
NOTE: The foregoing represents the views of the writer only, and should not be mistaken for those of Rogers or Maclean’s, their management, employees, lawyers, shareholders, window-cleaners or bonded couriers.