One important point to remember is that section 13 cases represent fewer than 2% of the complaints that come to the Canadian Human Rights Commission. Within that small number, just one case has become prominent and caused the current debate about the balancing of freedom of expression and freedom from discrimination based on hate messages. In response to that concern, we undertook an in-depth analysis and had the benefit of the thinking of Professor Moon, an expert you'll hear from in a few minutes, other consultations, and our own research. We came to the conclusion that the section will be better understood if it's amended and that our processes could be improved by giving us the opportunity to dismiss unfounded cases early.
One thing many don't understand is that we have a statutory obligation to formally investigate every complaint once it's within our jurisdiction. And with hate message cases, since we're looking at the most vile expression, it can be fairly obvious very early whether it meets the test. So if it is Parliament's will to do so, our recommendation would be to give us that statutory option, which will put an end to perhaps three-quarters of these complaints before an investigation. And that is a benefit to Canadians, who will more clearly understand their law. I hope it responds to Mr. Rathgeber's point as well, because it would give the commission the opportunity to dismiss the case early. We just do not have that statutory opportunity right now. We must investigate.