Canadian Lawyer

www.canadianlawyermag.com 11 to the powers of human rights tribunals "not because they're not important, but because they're stronger if they're defined precisely," says Grey. Across the country, they "have been going beyond the narrow discrimina- tion mandate that had been given to them." There was also "a very important dictum that human rights legislation should be given a uniform interpretation across the country," Grey says. The majority concluded that "the subjective feeling of having been insulted, or humiliated… is not enough to constitute an attack on your dignity or equality." Mike Ward used dark humour to mock whom he referred to as "sacred cows" of Quebec's artistic milieu in his stand-up comedy routines. One such target was Gabriel, who has Treacher Collins Syndrome and had become known for singing for public figures. Ward made fun of Gabriel's physical characteristics, and Gabriel and his parents filed a complaint of discrimination. The Human Rights Tribunal found Ward's comments were discriminatory under Quebec's Charter of human rights and freedoms, that they violated Gabriel's right to dignity, and the violation was not justified by Ward's right to freedom of expression. The majority of the Court of Appeal allowed Ward's appeal in part, but the Supreme Court sided with the dissenting justice on that court. "It must be recognized at the outset that the Quebec Charter, which elevates freedom of expression to a fundamental freedom, was not enacted to encourage censorship," wrote Chief Justice Richard Wagner for the majority. "It follows that expression in the nature of rude remarks made by individuals does not in itself constitute discrimination under that statute." UN participation 'more important now' Q&A Marcia Kran, a Vancouver-based jurist who started practising law as a Crown attorney in Manitoba in 1980 and is a former director of the Research and Right to Development Division at the UN Office of the High Commissioner for Human Rights in Geneva, was re-elected last year for a second four-year term on the United Nations Human Rights Committee. Here, Kran talks to Canadian Lawyer about the committee's work and the importance of Canada's presence at the UN when it looks to reassert itself on the world stage. What does the UN Human Rights Committee do? It was one of the first two UN committees, known as treaty bodies, to be established in 1976. It reviews the performance of states under the International Covenant on Civil and Political Rights, which the vast majority of countries — 172 UN member states — have ratified. We carry out reviews through constructive dialogues with country officials and make legal recommendations on what they need to do to more fully respect the rights of citizens and non-citizens alike. We also decide cases against countries. Although we are not a court, this is a court-like function. The committee decides whether there have been violations of civil and political rights by countries that have ratified the Covenant's Optional Protocol on Individual Communications, and it orders remedies. After the World Health Organization declared a pandemic in March 2020, we have been meeting online rather than in Geneva three times a year, but we hope to resume in-person sessions in 2022. The committee plays a crucial role in guiding states to develop new laws and policy to better protect human rights and ensure accountability for violations, and I would like to see more countries engaging with us through constructive dialogues and implementing our views where we find rights violations. Why did you decide to run for election again? The challenges to human rights that we see every day were a factor I took into account. I think it's extremely important now that Canada and Canadians are present and participating in UN processes, and standing up for the rule of law and respect for human rights — in fact, probably more important now than when I when I first ran in 2016, because the political pulse among countries at the UN is pivoting in another direction. Is Canada reasserting itself at the UN now? I'm delighted to see Canada taking steps to increase its role at the UN, especially at this time. Member states just elected Canadian candidate Shauna Olney, a labour and human rights lawyer from Vancouver, to the International Civil Service Commission that recommends UN employment policies. Canada has also nominated Laverne Jacobs, a University of Windsor human rights and disability rights scholar, to the UN Committee on the Rights of Persons with Disabilities. "The principles that emerge from this judgement are the rights ones." » Years in law: 41 » On human rights pushback at the UN: Several countries are working to dilute international human rights standards and reduce the effectiveness of the human rights regime that was set up after the Second World War. Some powerful countries are attempting to undermine [these standards and reviews conducted by the UN]. » On Canada's recent participation: When I was first elected in 2016, Canada had been absent from the Human Rights Committee for 20 years. It had first lost its bid for a seat on the Security Council in 2010 after serving once a decade since 1948. In the 2016 committee elections I was successful on the first ballot. Prime Minister Trudeau tweeted, "Canada is back on the @UN human rights committee. Congrats Marcia Kran on winning the support of your colleagues from around the world." Marcia V. J. Kran Expert member UN HUMAN RIGHTS COMMITTEE

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