Finding the balance between a Canadian's right to equality and the right to freedom of expression is a fundamental issue. We get our direction from the statute, the charter, and to a certain extent from international law. This balancing was achieved when the Supreme Court of Canada made its interpretation of “hate” in the Taylor case. We are an administrative agency, and the language of prosecution doesn't apply to us. We are a screening body. We receive a complaint, screen it, and send some to the tribunal.
Similarly, the tribunal isn't prosecuting, either. The tribunal is a quasi-judicial agency and is less formal than the courts. The system is part of a network, a large expanse of federal agencies and tribunals. They adhere to the rules of procedural fairness and natural justice and have processes that are meant to encourage a less formal approach, where lawyers are not necessary.
Returning to freedom of expression, it is protected in our statute. We can see that by the statistics I've given you and by the fact that the only expression that is limited is expression of the most extreme and vile nature. If I may say something that could confuse Canadians, section 2 of the Charter of Rights and Freedoms protects freedom of expression, while section 15 provides equality and freedom from discrimination. Section 1 says that this is subject to such limits as are reasonably justified in a free and democratic society.
As we balance rights, there will come a time when there may need to be a limit on one and not on the other. That is what the Taylor case has done—it has protected and drawn the line.