Getting Rid of Canada’s Kangaroo Courts

Canada’s “Schauprozess”—Show Trials by Dr. Barry Cooper

• The argument made in this paper is that HRC tribunals are essentially show trials not judicially respectable procedures, particularly those conducted under s.13 of the Canadian Human Rights Act, which deals with “hate speech” or, more accurately, with hurt feelings.

• Moreover, HRCs are administrative organs, which is to say, bureaucratic organizations, and so susceptible to all the internal incentives for bureaucratic growth available to other parts of the Canadian state, both in Ottawa and provincially.

• As a consequence they have grown, and with growth comes confidence and moral certainty. What is interesting in this process is not the conventional smugness characteristic of superior bureaucrats, but the equal confidence of their critics for whom they are emperors without clothes and worthy if not of hatred then of ridicule. Perhaps this genuine threat to free expression posed by Canadian HRCs will be laughed into oblivion.

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