Thursday Will Be A Crucial Day for Property Rights & Freedom of Belief
Canadian Association for Free Expression
Rexdale, Ontario, M9W 5L3
Ph: 905-566-4455; FAX: 905-566-4820
Paul Fromm, B.Ed, M.A. Director
On Thursday, June 18, the New Brunswick Court of Appeal gets a chance to reverse a lower court decision that seriously infringes on property rights and freedom of belief. Last year, a Court of Queen’s Bench judge found a U.S. group guilty of thought crimes in Canada, even though they had never been charged, evidence presented, defences mounted or arguments heard. He, then, overturned a will and cancelled a bequest to this group.
CAFÉ is carrying the burden in the battle to reverse a particularly dangerous court decision. Last June, Judge Grant of the New Brunswick Court of Queen’s Bench delivered a breathtaking decision overturning a will with a bequest to a U.S. White Nationalist group on the amazing grounds that it was “contrary to public policy.” The appeal, already delayed once, will be heard in Fredericton on June 18 and CAFÉ, which has fought this battle alone, owes a pot of money in legal fees.
CAFÉ intervened in the McCorkill will case, beginning in the summer of 2013. Robert McCorkill, a Canadian chemistry professor who died in 2004, bequeathed his estate to the National Alliance. The will was probated in May, 2013. Then, the mischief-making, free speech hating Southern Poverty Law Centre in Montgomery, Alabama raised a hue and cry. Ottawa lawyer and frequent human rights and hate law complaint filer Richard Warman proclaimed the bequest “contrary to public policy.” Isabelle McCorkell [yes, different spellings], the long estranged sister of Robert McCorkill, suddenly appeared. Like Warman, she lives in Ottawa. And, although saying she had few resources and lived on $1,000 a month, she retained one of Moncton’s priciest law firms. She obtained an injunction and then filed an application to overturn the will. She was joined by the Attorney General of New Brunswick, the Centre for Israel and Jewish Studies and the League for Human Rights of B’nai Brith. CAFÉ intervened on behalf of the executor of the estate.
The application was heard in January, 2014 in St. John. The decision came down the same week three Mounties were gunned down in Moncton. Mr. Justice Grant put a shotgun blast through freedom of belief and property rights and overturned the will. All parties, except CAFÉ and the lawyer for the executor, insisted that this was a one-off case. It was not a precedent. Not so. As we reported in the Free Speech Monitor (March, 2015), a Negro preacher who objected to one of his daughters having a child by a White man cut her out of his will. That will was recently overturned because the preacher was deemed to be “racist” and to have discriminated and that such discrimination (with his OWN money) was “contrary to public policy.” The sky is now the limit!
CAFÉ has appealed this appalling precedent. This case is vital to free speech in Canada. We desperately need your help NOW! The appeal has thus far cost us over $30,000 and the bills are not all in. We’ve gone way out on a limb because this case is so very important.
I’ve been in this free speech battle for four decades. We have had some important victories but there have also been defeats. On an ongoing basis, we face efforts by the enemies of free speech to impose their beliefs and throttle dissent, usually using the might of Big Governments and the Court. You and I are dedicated to this precious right of freedom of speech. We’ve taken to heart the late Doug Christie frequent warning: “You only have the rights you’re prepared to fight for.”
Please send CAFÉ your most generous contribution for the McCorkill Will Appeal.
CAFE, Box 332, Rexdale, Ontario, M9W 5L3
__ Here’s my special donation of _____ to help CAFE pay off its legal bills in the McCorkill Will Appeal to be heard in New Brunswick this month.
__ Here’s my donation of ____to help CAFÉ’s support the victims of state censorship, especially Arthur Topham.
__ Please renew my subscription for 2015 to the Free Speech Monitor ($15).
Please charge______ my VISA/Mastercard#_________________________________________
Expiry date: ______ Signature:_______________________________________________