Postal worker parent of trans kid refused to deliver hateful flyers. She's being punished. - eviltoast
  • GeneralVincent@lemmy.world
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    2 months ago

    Well I’m not too well versed on Canadian federal laws as I’m a bit further south. So I looked into discrimination laws in New Brunswick, Canada and found this Human Rights Act

    Some parts that could be relevant;

    The New Brunswick Human Rights Act is the provincial law that prohibits discrimination and harassment based on 16 protected grounds of discrimination.

    The Act prohibits discrimination in the following five areas under the provincial jurisdiction: Employment (includes job ads and interviews, working conditions, and dismissals); Housing (e.g. rent and sale of property); Accommodations, services, and facilities (e.g. hotels, schools, restaurants, government services, libraries, stores, etc.); Publicity; and, Professional, business or trade associations (e.g. Nurses Association of New Brunswick, New Brunswick Teachers’ Association, New Brunswick College of Physicians, etc.).

    Publicity includes any publications, displays, notices, signs, symbols, emblems that show discrimination or an intention to discriminate against any person or class of persons

    Not a lawyer or expert, but that seems to apply at least superficially. Maybe a bit of a stretch. But it helps that the fliers were full of factually wrong and hateful anti-trans myths. And freedom of speech has limits, even federally.

    ETA: However, mail carriers are probably exclusively covered by federal law, and the federal Canadian Human Rights Act only seems to specify discrimination and not harassment. I do think it’s too much of a stretch to say this would be covered by any federal laws

    Final edit: ok I read more. This is the closest thing I could find from the federal Human Rights Act

    12 It is a discriminatory practice to publish or display before the public or to cause to be published or displayed before the public any notice, sign, symbol, emblem or other representation that (a) expresses or implies discrimination or an intention to discriminate, or (b) incites or is calculated to incite others to discriminate

    If I am misinterpreting it, please let me know. I think it could be used as an argument tho

    • Soup@lemmy.cafe
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      2 months ago

      Now look up wether or not mail carriers get to decide what mail you get-

      • GeneralVincent@lemmy.world
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        2 months ago

        I understand that. I’m reading way too many laws already lol

        If the letter is determined to be unlawful, there’s a provision that allows Canadian Post to not deliver the letter. It’s a whole process that the mail carriers did not follow. Maybe if they had tried, and used the argument that it was unlawful discrimination or harassment to deliver the fliers, they would have had a leg to stand on. It seems that they didn’t, they took matters into their own hands, and they were punished accordingly.

        To be more clear, I’m not arguing against the punishment. Just the fliers and if they could be considered unlawful

        • Soup@lemmy.cafe
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          2 months ago

          So, if I order a product, and the carrier doesn’t like the product- they can deny me my mail? Hmmm…

          I’m nearly certain that’s not how it works.

          • GeneralVincent@lemmy.world
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            2 months ago

            What do you mean “doesn’t like”? The federal government “doesn’t like” citizens sending bombs in the mail, and they would deny you that, yes. I’m not sure what the point of your reply was, it doesn’t argue against anything I’ve said. Sounds like a straw man.

            There’s a difference between individual mail carriers and the organization USPS or Canadian Post. And there’s a difference between dislike and illegal. I thought we already established that, is that something you disagree on??

            • Soup@lemmy.cafe
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              2 months ago

              I love how you have to go to ridiculous comparisons to make a point. It shows you have none.

              • A bomb and a flyer you don’t like- AREN’T the same thing.

              Now try again with this newly learned fact.