An Open Letter to Premier Dalton McGuinty

Published by at 2:49 pm under Justice

July 16, 2008

What do Ontario Members of the Provincial Parliament Stand For?

A Question of the life and death of Freedom in Ontario and in Canada

Mr. Premier, – Regarding the newly introduced procedures of the Ontario Human Rights tribunal system, there are very serious problems you, your government and this legislature seem to have entirely overlooked. Essentially, you have placed designated minorities in a position to override every traditional principle of fundamental justice in the English speaking world.

Further, this procedure would guarantee that a group of lawyers and other academic “human rights experts” will milk the ordinary taxpayer for payment of their fees as prosecuting attorneys for designated minorities, “expert witnesses,” commissioners of Human Rights and creators of no known law beyond that of their own making.

The provincial government and all MPPs must understand that these tribunals are representative of a total breakdown of the Canadian justice system as we have always known it. Consider what they are and how unsavoury are the new rules allowing any government funded minority person or group to demand immediate access to the tribunal procedure. This is a totally one-sided attack on any member of the undesignated, unprotected majority.

Do you Mr. Premier, your cabinet and all MPPs in our Ontario legislature understand anything of our freedoms? Consider the HR Tribunal system’s methods of operation and their concept of fairness and justice. Is this what our representative wish to foist on our society?

• The Complainant has all expenses paid by Ontario taxpayer
• The Complainant will have a lawyer assigned and paid for by the Ontario taxpayer.
• If the Complainant wins the case, any financial penalty levied against the Accused is paid to the Complainant and must be paid by the Accused (the Respondent).
• The Accused must pay all legal costs, win or lose, and is not provided with a taxpayer-paid defense lawyer.

In effect, the Accuser has (for years) been placed in a win-win situation and cannot lose. It pays to bring false charges. The merits of the case do not matter. Do you really think the public supports this travesty of justice? Do you? Does this legislature? The public expects you to uphold their rights not destroy them.

These are the facts of these tribunal procedures:

• There are no rules of evidence. Any statement is admissible. Any evidence no matter how obtained is admissible. Hearsay is admissible. Etc.
• The truth is no defense.
• The ancient right of presumption of innocence is non-existent. The Accused must prove that he, she or it (if a corporation) did not offend the Accuser.
• There is no right to confront or cross examine the Accuser
• Causing some designated minority, “mental anguish” (hurt feelings) is an offence. No democracy of free people can exist without hurting “feelings.”
• The investigators hired by the tribunal or part of the HR establishment may enter any premises in order to obtain evidence and require that any documents be turned over. Mary Cornish, a Human Rights activist Lawyer even recommended to the Province that private homes be entered with no warrant. This same lady also recommended there be no appeal to the regular courts from the tribunal’s judgments. These are the tools of dictatorship.
• Most vicious of all is the concept that Human Rights laws take precedence over any other laws of Ontario or Canada. Eight hundred years of English- common law and Parliamentary history tossed away in an instant.
• For the most part, human rights tribunal judges are members of a designated minority group, thereby being automatically in a “conflict-of-interest” situation.
• Tribunal decisions have repetitively overridden the will of the voters of cities and provinces in Ontario and Canada, thereby invalidating the entire concept of democracy.

Given the foregoing, and the new system of direct access to these behavioral tribunals that you have put in place, the system will immediately be overloaded with complaints. Enormous sums will be requires to expand the system. Thousands of people and businesses will be hurt unjustly. The future of democracy and freedom will be severely damaged, as it already has been for years, but now more extensively. The biggest loss will be that you will have placed the real Human Rights in jeopardy by debasing the term.

There will be an even greater penalty to society. When minorities are given laws and rules to abuse the majority, tensions will mount and eventually minorities will be ostracized and hated. Special laws for special people do not constitute the justice system that Canadians, and especially English-speaking people, will tolerate for long.

It is our recommendation that the entire tribunal system be scrapped. The Human Rights establishment has proven itself a power hungry group of people that have little respect for freedom or democracy. This corruption of justice is intolerable and the huge expense in dollars and cents entirely unnecessary. With respect,

Richard D. Field

Chairman, Montgomery Tavern Society Copies to Media and all MPPs of Ontario