Rights tribunal rules Falun Gong a 'creed'

Woman receives compensation for being expelled from group for beliefs

By Tom Spears, Ottawa Citizen

The Human Rights Tribunal of Ontario has awarded $15,000 to a woman who was expelled from the Ottawa Chinese Seniors' Association because she is a practitioner of Falun Gong.

The tribunal says Falun Gong is a "creed" under the Ontario Human Rights Code, and excluding a person for following it is discrimination.

Human rights lawyer David Matas, who represented Daiming Huang, 78, called the decision a "push-back by the Canadian system" against persecution of Falun Gong by the Chinese government and organizations that co-operate with it in Canada and other countries.

"I consider this a judgment of global significance," Matas said. "It's an assertion of Canadian human-rights values against Chinese Communist Party oppressive values."

The judgment doesn't bind any organization outside Ontario, he noted, but he said it would have "persuasive force" for human rights authorities in other jurisdictions.

He said it was also of value for people who had no connection with Falun Gong or the Chinese government. "Human rights violations are a spreading stain. You can't contain them in one group."

The decision was based both on Daiming Huang's expulsion and on comments made by leaders of the seniors' group about her and Falun Gong.

The written, decision by Michelle Flaherty, vice-chair of the tribunal, says Huang was expelled from the seniors' group after a New Year's dinner at Dow's Lake in 2001. Someone at the dinner told Huang she looked well, and Huang replied this was due in part to Falun Gong.

She gave pamphlets describing Falun Gong to five people at the dinner and later testified they seemed interested and, in some cases, asked for information.

She was expelled from the seniors' association later that evening. Two members of its executive testified that they ran a secular organization and didn't want any religious proselytizing, but Flaherty ruled that Huang wasn't bothering the other guests and that there was no credible explanation for expelling her, except for discrimination.

"In reaching this decision, I am influenced by the display of anti-Falun Gong materials at Association events," Flaherty wrote in the 30-page decision. "In essence, the Association is seeking to express a view on Falun Gong, but to exclude from its membership persons who express a different view."

She also said there was discrimination when the executive members of the seniors' association described Falun Gong as an "evil cult."

The tribunal reached the same decision in 2006, but the seniors' association appealed and won the right to a new hearing.

Speaking through an interpreter, Huang said the decision was a long time in coming, but she was happy with the result.


(2011-5-5/The Ottawa Citizen)