On February 22, 2010, Karen Selick, litigation director for the Canadian Constitution Foundation, wrote an article in the National Post entitled, "The human rights set-up." In her article, Ms. Selick recounts the story of St. Catharines gym owner, John Fulton, who declined to admit a pre-operative transgendered man as a member of his all-women's health club. Before he knew it, he was hit with a human rights complaint. Late last year the complainant suddenly dropped the complaint-leaving Mr. Fulton with approximately $150,000 in legal fees.

Selick writes:

"Fulton applied to the Human Rights Tribunal of Ontario for an award of costs to help pay his legal fees. He was turned down flat. The tribunal lacks the legal authority to award costs, it ruled.

"True enough-but things are not quite so simple. The tribunal lacks the authority only because it has never taken the trouble to avail itself of the power, which the law grants to it, of adopting rules relating to costs. The opportunity is there, under sections 17.1 and 25 of Ontario's Statutory Powers Procedures Act, but the tribunal has never bothered to set up a process for enabling it.

"And indeed, why bother? The number of cases that end like Mr. Fulton's, with the accused walking away free from conviction or having to pay out a sizable amount of money, are very few indeed. Many cases settle at the mediation stage, when the nature of the shakedown process is first revealed…

"For complainants, the process is virtually risk-free. It costs them nothing to file a complaint, and the tribunal mediator will help explain the shakedown. If they want some legal help filing their complaint, they can get it gratis, at the taxpayer-funded Human Rights Legal Support Centre. And they never have to risk paying costs, no matter how ill-conceived or unjustified their complaint was…"

The latest victims of the Human Rights Commissions are the CHP's National Vice President, Leslie Bartley, and her husband, Jerry.

Ten months of abuse at the hands of the Ontario Human Rights Commission ended for them on May 4th, 2010. The complaint, Elliott James Post v. Bartley's Dairy Bar and Jerry Bartley, documents that it began on April 30, 2009 when Jerry fired employee Elliott Post from his business in Woodstock, Ontario, for theft.

Several witnesses had seen Mr. Post give various ice cream or yogurt products away to friends and told Mr. Bartley, who then terminated Mr. Post's employment.

Mr. Post then submitted a story about being dismissed because he is an atheist and Mr. Bartley is a Christian. On May 20, 2009 he filed a complaint with the Ontario Human Rights Commission. He asked for $1,000.

Mr. Bartley was informed of the complaint in July of 2009, which began 10 months of legal work to clear his name and the name of his business. Jerry said, "Thankfully, we had witnesses; but the process resulted in substantial legal bills. Several people from all across Canada and from as far away as Poland donated to our legal defence, for which we are very grateful. However there is still something profoundly wrong with a system which holds no consequences for Elliott Post."

Last week on May 4th, the Bartleys settled for the nominal fee of $50, insisting that the former employee sign a full release from any further legal action related to the claim. However, they too, have no way to file for costs.

The Bartleys and their business are just the latest example of the ongoing shakedowns by the 13 human rights commissions across the country.

The Christian Heritage Party is the only party in Canada with a policy to abolish this Star Chamber. It's time voters, both provincially and federally, demanded an end to these abusive Kangaroo Courts, which operate as a quasi- or parallel legal system, without the protection of due process and without safeguards to protect people from false complaints.

In the mean time, CHP Canada is pleased to make our readers aware of the Faith and Freedom Alliance (FFA). The Bartley's lawyer, Philip Horgan, is on the board of the FFA and serves as the Secretary-Treasurer. Below are just some of the objectives of the FFA:

Objectives

• To offer intensive training sessions for lawyers, law students and others, equipping them to be effective in the support of religious freedom and related concerns, whether in the conduct of their own practices or in court interventions and other work in their profession.
• To maximize the benefit of training lawyers and law students, by requiring that those attending our training give back free ("pro-bono") legal work in FFA's specified areas of concern.
• As part of its efforts, FFA will make the truths, principles and values of the Christian faith more widely known and encourage its practice through Bible-centred educational gatherings and through other forums and publications.

CHP Canada applauds the ambitious goals of the FFA and the work that they do on behalf of persecuted Christians in Canada. To date they have motivated lawyers to participate in important cases with well in excess of $500,000 pro bono legal work being provided.

The next FFA lawyer training session is on June 3-5, in Toronto. The FFA makes this training available to lawyers free, but they are in need of additional funding to cover expenses, which are expected to exceed $30,000. Faith and Freedom Alliance is able to provide charitable receipts to donors who would like to support this important work. We encourage our readers to support the worthy endeavours of the FFA-standing together we can help those who will need their services.

Donations may be sent to:

Faith and Freedom Alliance P.O. Box 92506 152 Carlton Street Toronto, Ontario, M5A 2K1