[32-40win]

And if you were wondering about a section 35 human rights discrimination complaint---fuhget it;

Got this email today from the CHRC. What a bunch of bum lickers with no spine.

Dear Keith:

This is further to your complaint (“complaint”) to the Canadian Human Rights Commission (Commission). You allege that the Government of Canada’s (federal government) provisions in an Amnesty Order1 for prohibited firearms result in adverse differential treatment based on the grounds of race and national or ethnic origin, contrary to the Canadian Human Rights Act (the Act). To date the Commission has received many similar complaints.

Under s. 40(1) of the Act, an individual may file a complaint with the Commission if they have reasonable grounds “for believing that a person is engaging or has engaged in a discriminatory practice”. The term “discriminatory practice” generally means to adversely differentiate "on a prohibited ground" under the Act.

The threshold to show reasonable grounds in a complaint is low. However, the Commission is satisfied that in this case, the complaint does not demonstrate reasonable grounds that the federal government is engaging in a discriminatory practice.

The Amnesty Order provides a period of time to allow people to safely dispose of firearms newly-prohibited under the Criminal Code2. The Amnesty Order also permits people who already possess a prohibited firearm, to hunt in the following limited circumstances until they can obtain another firearm3 :

“in the exercise of a right recognized and affirmed by section 35 of the Constitution Act, 1982”, which recognizes and affirms the existing aboriginal and treaty rights of Aboriginal people in Canada; or,
“to sustain [a] person or their family”. This exception for sustenance hunting is available to any individual, irrespective of their race or national or ethnic origin.
The Amnesty Order expires on April 30, 20224. After it expires, the prohibition on firearms will apply to all persons, although the federal government has indicated it will engage with Indigenous communities to assess whether the new regulations have a continued impact on their constitutionally-protected rights5.

The crux of your complaint is that the exception in the Amnesty Order applicable to Indigenous persons exercising a s. 35 hunting right discriminates against people who are not Indigenous. This allegation does not constitute “reasonable grounds” under s. 40(1) of the Act because differentiation based on rights in s. 35 of the Constitution Act, 19826 does not result in discrimination under the Canadian Human Rights Act. The Constitution is the supreme law of Canada. It takes precedence over all other Canadian laws.

Moreover, the rights guaranteed in s. 35 to Indigenous persons are unique and “flow from both their historical and cultural origins as well as their status as constitutional rights.”7 The Supreme Court of Canada has stressed that s. 35 rights are held only by Indigenous members of Canadian society8. The allegation that the temporary amnesty for Indigenous persons based on their constitutional rights results in discrimination to non-Indigenous persons does not constitute reasonable grounds to file a complaint of discrimination under the Act. Therefore, the Commission is unable to accept your complaint.