By William Miller

Impunity watch reporter, North America

VANCOUVER, Canada – A Canadian lawyer representing a comic in a human rights tribunal suit has filed a complaint against the Human Rights Tribunal accusing them of contempt of court. James Millar, who represents comedian Guy Earl, filed  a suit seeking to throw out the human rights suit on the grounds that it conflicts with the Canadian Charter of Rights and freedoms protection of free speech and alleging that the Tribunal has ignored previous court rulings holding that the tribunal must determine whether it has jurisdiction before hearing a case.

Last fall the Canadian courts determined that the Human Rights Tribunal must determine whether it has jurisdiction before hearing a case. On Monday, the Tribunal decided that it would proceed with hearing the case and determine jurisdiction after arguments had been hear. This prompted Millar to leave the proceeding.

In walking out Millar said, “You are proceeding illegally and I have to leave the proceeding because it is against the rule of law… I do so regretfully and I do so with the greatest respect to the tribunal.”

The case, which has stirred controversy as to whether the tribunal is too repressive of the right to free expression, started two years ago after an encounter at a comedy club in Vancouver. Lorna Pardy brought the suit claiming that comic Guy Earle discriminated against her by making homophobic and sexist remarks to her and her same sex partner. She has filed the suit claiming that the comic violated the Human Rights Code by discriminating against her in the provision of a service.

Earle admits that the argument occurred between him and Pardy but claims that the two were heckling him and other comics and that his right to free speech is protected by the charter of rights which trumps the Human Rights Code.

In arguing that the tribunal encroaches to far on free speech Millar said “the Human rights tribunal could go onto YouTube and apply discrimination as the standard to restrict free speech on the internet or in any of the arts and entertainment when the Charter says the standard is hate.”

The Human Rights Tribunal began hearing arguments in the case last Monday and adjourned on Thursday. Final arguments are scheduled for Monday. Millar has said he will not participate. No date has been set for hearings on Millar’s complaint.

For more information please see:

The Chronicle Journal – Comedian’s Lawyer wants B.C Human Rights Hearing Into Anti-lesbian Rant Quashed – 1 April 2010

Montreal Gazette – Comic’s Lawyer Walks Out of B. C. Discrimination Case – 30 March 2010

Montreal Gazette – B.C. Human Rights Tribunal to Hear Discrimination Case Against Comic Who Insulted Two Lesbians – 29 March 2010.