The Nizkor Project: Remembering the Holocaust (Shoah)

Words That Wound: Footnotes

1. W. Pentney, "Belonging: the Promise of Community - Continuity and Change in Equality Law 1995-96" (1996),25 C.H.R.R. C/6, at p. C/14. This point was also made by Cory J. in Vriend v. Alberta (1998), 31 C.H.R.R. D/1, at pp. D/26-27: "It is easy to say that everyone who is just like "us" is entitled to equality. Everyone finds is more difficult to say that those who are "different" from us in some way

2. This point was confirmed by a unanimous Supreme Court in Vriend v. Alberta, supra.

3. It should be noted that the guarantees of equality in the provision of services in human rights laws impose on educational and perhaps other institutions an affirmative duty to take steps to prevent expression or activity which may create a poisoned environment: see Ross v. New Brunswick School District No. 15, [1996] 1 S.C.R. 826, 25 C.H.R.R. D/I 75. These provisions will not be dealt with here.

4. For a discussion of these provisions, see W.S. Tamopolsky and W.F. Pentney, Discrimination and the Law in Canada, (revised edition) Carswell-DeBoo Publishers.

5. (1989), 10 C.H.R.R. D/6450.

6. Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892, at pp. 928-29; 13 C.H.R.R. D/435, at D/456, paras. 60-61.

7. Ibid. at D/478, para. 147.

8. Nealy v. Johnston (1989), 10 C.H.R.R. D/6450, at p. D/6470.

9. John Ross Taylor, supra. at pp. D/44849.

10. Ibid., at p. D/452.

11. Ibid., at p. D/453.

12. Ibid., at D/28.

13. See, for example, article 4 of the Convention on the Elimination of All Forms of Racial Discrimination, and article 7 of the Universal Declaration of Human Rights, which refers to the right to be free from "any incitement to ... discrimination".

14. Canadian Jewish Congress v. North Shore News, at pp. D/33-34.

15. Ibid., at p. D/48.

16. For references and a discussion of these issues, see: "Hate on the Internet", Canadian Human Rights Commission Forum (Summer/Fall 1997); and "The Internet and Human Rights", Special Issue of the Human Rights Foundation Newsletter Speaking About Rights, Vol. XII, No. 2(1998).

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