How is the phrase “indicates discrimination or the intention to discriminate” applied in human rights cases?
Section 3(1)(a) of the HRCM Act prohibits any statement that indicates discrimination or an intention to discriminate based on the grounds protected in the Act. The following excerpt from the human rights panel decision in Harvey Kane and the Jewish Defence League of Canada v. Milan Papez, Sr., Milan Papez Jr. and the Silver Bullet (June 13, 2002) discusses three other human rights cases in which the decision maker found that statements made by the respondents indicated discrimination or an intention to discriminate: In the first case, Singer v. Iwasyk, unreported, (November 5, 1976), the Saskatchewan Human Rights Commission determined that a stereotypical caricature indicated discrimination because of its impact or effect on the targeted group. The complaint was [about] a caricature of a small person with black or brown skin colour wearing a chefs hat and grass skirt and bearing the words Sambos Pepperpot. This caricature was used in advertising for the respondent restaurant. The Comm
