I have experience in criminal courts and I would say this. Human rights transgressions fit much better under human rights legislation, with the proper tools for human rights commissions to deal with them, than hate being dealt with in the Criminal Code. I agree with Ms. Maillet's observation.
Really, I again focus on the Supreme Court of Canada finding very much the same thing, saying that, in effect, it's too difficult to deal with these transgressions in Criminal Code situations. They should be funnelled to human rights commissions and using a civil process for their determination, and perhaps using other methods such as a restorative justice approach that focuses on solutions rather than prosecutions and a myopic prosecution model.
You cannot prosecute your way into social change; that's the fundamental point. We need to use the human rights commissions in a much more effective way, which was exactly the point of Rothstein and the unanimous judgment of the Supreme Court of Canada.