JAILING PEOPLE FOR HATE SPEECH IS WRONG

https://www.theglobeandmail.com/canada/toronto/article-jailing-people-for-hate-speech-is-wrong/

                         JAILING PEOPLE FOR HATE SPEECH IS WRONG

by Marcus Gee

This month a Toronto judge ordered two men to be deprived of their freedom
over words and pictures they published in a paper – and no one said boo.
Not the press, which mostly confined itself to reporting the bare facts of
the case. Certainly not any of the political parties, even though their
existence depends on the right to speak freely and sharply.

 

James Sears and LeRoy St. Germaine were found guilty earlier this year of
promoting hatred. The judge said their local publication, Your Ward News,
“consistently dehumanized Jews and women.” So, when it came time for
sentencing, he threw the book at them. Mr. Sears, the editor, is to serve
a year in jail, though he is free now while he appeals. Mr. St. Germaine,
the publisher, gets 12 months of house arrest. He says he will appeal,
too.

None of the usual guardians of free speech seemed to find this even a
little troubling. Judging from the thunderous silence that greeted the
sentences, they consider it perfectly acceptable that this dubious pair
should lose their liberty for what they put in their nasty little paper.
After all, who could feel sorry for people who published such vile things?

But you don’t have to sympathize with Mr. Sears and Mr. St. Germaine to be
worried about sending them away. Free speech is under attack all over,
from both the right and the left. The notion that fringe voices should be
silenced rather than countered or simply ignored is gaining force. To see
a Canadian court embrace that view is alarming. Except in the case of
direct incitement to violence, democracies shouldn’t jail people for
things they write or say. That is a move from an autocrat’s playbook.

It is only too easy for governments to argue that those who oppose or
criticize them are fomenting unrest or spreading hate. Right now in China,
authorities are labelling Hong Kong’s protesters as dangerous radicals who
despise the motherland. When North America was in the grip of a Red Scare,
those with left-wing views were considered subversive. If they said the
capitalism system was corrupt and must be overthrown, they were
encouraging the populace to stage a violent insurrection. We look back at
the suppression of the left then as a gross overreaction, even hysteria.

In fraught times, the tendency to crack down on radicals, crackpots and
dissenters grows. With a bilious ranter in the White House and poisonous
populism on the rise around the world, these are fraught times indeed. The
prosecutor in the Your Ward News case said that the Crown intends to
enforce the laws against promoting hate with renewed vigilance because “in
today’s current climate … it’s become of greater concern.”

But using the criminal law to crack down on troublesome and even obnoxious
views is the wrong response. It hands governments a cudgel they can easily
misuse. It gives cranks and trolls the spotlight they crave. Mr. Sears and
Mr. St. Germaine seem delighted by all the attention. Mr. St. Germaine
said his partner emerged from court with “fresh handcuff marks still on
his wrists in the same spots where Jesus was wounded when he was nailed to
the cross.”

Worst of all, it threatens the free and unrestrained exchange of ideas
that helps societies progress. The great advantage that democracies have
over other forms of governments is that they can work through conflicts by
discussion and argument instead of violence. A system where views are
aired and tested is simply better at sorting out problems. That system is
truly safe only when all views, even the most odious ones, are allowed to
circulate.

That doesn’t mean we are helpless in the face of hate. One way to fight
the haters is to argue back, denouncing their slurs and combatting their
falsehoods. Another is to turn away. If you find Your Ward News
despicable, consign it to the trash. Deny the trolls their martyrdom. Just
don’t chuck them in jail. Do that and we are all in trouble.

Former RCAF Veteran & Diplomat Ian Macdonald Blasts NATIONAL POST Coverage of YOUR WARD NEWS Persecution

Former RCAF Veteran & Diplomat Ian Macdonald Blasts NATIONAL POST Coverage of YOUR WARD NEWS Persecution 
Editor
NATIONAL POST
Toronto
 
Dear Sir
 
Re: “Freedom of expression” hypocrisy (NP August 23, 2019)
 

As a Canadian newspaperman, you should value our guaranty of freedom of expression more highly that most, yet you report the jailing of James Sears, Editor of “Your Ward News” for his opinions with obvious equanimity, relegating the jailing, and the scandalously biased comments of the Judge, to a modest space on page 5, despite their momentous implications and high news value.  

 
Since there was no editorial protest, it is clear that the National Post is quite happy with the verdict, no matter how treasonous.  Shame on you for not rising forcefully to the protection of our, and your, most precious human right, which so many genuine Canadians have given their live lives to preserve.
 
Incidentally, by what logic can “denying the Holocaust” be construed as “hate”?  Surely, the presumably happy notion that Six Million Jews did not die, and any proof to this effect, would be welcome news, at least in the Jewish community.
 
As ever,
 
Ian V. Macdonald
ex-RCAF
Ottawa ON
 

Political Prisoner Dr. James Sears Out on Bail

Political Prisoner Dr. James Sears Out on Bail

 

On August 22, 2019, a lower court judge unexpectedly sentenced our Editor-In-Chief Dr. James Sears to ONE YEAR IN JAIL for cracking jokes about women and Jews. After the judge read out his sentence, Dr. Sears was swarmed by guards, one flashing handcuffs. Dr. Sears calmly handed everything in his possession to his wife and 4 year old son, except for his crucifix which he clutched as the guards handcuffed him and led him off. He was standing tall and beaming with pride. His final words to us were “See you guys!”

But what the lower court judge didn’t know is that ever since he convicted us back in January, Dr. Sears has been studying case law. So after spending 5 days in jail, on August 27, 2019, like Jesus, Dr. Sears rose again! He took the paddy wagon from the jail to the courthouse, and handed a kick-ass “Notice of Appeal” to a Superior Court judge. Dr. Sears accused the lower court judge of being biased and giving insufficient reasons for convicting us, and making other legal errors. The Superior Court judge agreed with Dr. Sears that his appeal has merit, and she quickly released him on “Bail Pending Appeal”. He walked out of the court and back into the arms of his wife and son, fresh handcuff marks still on his wrists in the same spots where Jesus was wounded when he was nailed to the cross.

One of his bail conditions was to convince me to temporarily take down the Your Ward News website until the appeal is heard in a few months. I agreed to do it to help keep my Christian comrade out of the slammer. I get sentenced on August 29, 2019, and I’ll be joining him in an appeal of my conviction and sentence. I’m confident we’re both going to win our appeals. When that happens, the website comes back online and we get a brand new trial. And this time around, we’re going to win it!

If you have any questions you can contact us at BailPendingAppeal@YourWardNews.com or 647-748-4421.

Leroy St. Germaine
Owner and Publisher
Your Ward News

Canada’s Cultural Marxist Tyranny:  Political Prisoner Dr. James Sears Sentenced to One Year for “Hate Speech” 

Canada’s Cultural Marxist Tyranny:  Political Prisoner Dr. James Sears Sentenced to One Year for “Hate Speech” 

 

Paul Fromm, Director of the Canadian Association for Free Expression, on the Brian Ruhe Show. 
 

Savage Sentence Handed Out to Dr. James Sears for Satire

Savage Sentence Handed Out to Dr. James Sears for Satire
TORONTO. August 22, 2019. Today Provincial Court Judge Richard Blouin blew it. He had the chance to declare a mistrial for outrageously ineffective representation but instead chose to sentence Dr. James Sears, editor of the satirical YOUR WARD NEWS to the maximum — a year in prison, six months each consecutive on two counts of wilfully promoting hate against privileged minorities — Jews and Women.
 
 Despite evidence in e-mail exchanges that lawyer Dean Embry had refused Dr. Sears instruction to call expert witnesses and to make certain submissions, the judge, sticking by a fellow lawyer declared:   ” “Mr. Embry approached the case tactically and professionally. This was not incompetence or worse. This was a lawyer doing his job. It just didn’t work.”
 
The judge then got down to sentencing. He declared that Dr. Sears deserved at least 18 months. A conviction attracts only a maximum of six months. Agreeing to the Crown’s demands for the maximum sentence of six months on each count to be served concurrently, the judge gave Dr. Sears a year.
 
The judge faithfully echoed a line spread by Canada’s Jewish lobby that criticism of Jews leads to violence:  ” “Mr. Sears  promoted hate to a vast audience in an era where online exposure to this material inexorably leads to extremism and the potential of mass casualties.” Oddly, in press reports, Noah Shack of the Centre for Israel and Jewish Affairs said much the same thing:  “Those who promote hatred must be held accountable. What starts with words can often lead to violence.” At an earlier sentencing hearing, Dr. Sears had submitted evidence that YOUR WARD NEWS‘s satire serves as a safety valve and offers a voice to many people marginalized by political correctness. he cited two examples of people who had threatened violence but who had calmed down once their stories appeared in YOUR WARD NEWS.
 
Dr, Sears wife Colette and his four year old son attended the sentencing. The boy saw his father handcuffed and led away. Dr. Sears gave his wife his car keys and cellphone and insisted on keeping his chain and crucifix as he headed to the cells.
 
A woman supported called out: “This is not right.” The judge threatened to have her removed. The woman, who grew up in communist Eastern Europe, left the court in tears with memories of exactly the same things in her homeland.
 
In a press scrum afterwards, Paul Fromm, Director of the Canadian Association for Free Expression, warned an extremely hostile reporter: “This is a sad day for freedom of speech and freedom of the press. This is North Korea lite. CAFE has supported YOUR WARD NEWS all along in its fight for freedom. Neither the Crown nor the judge could see that this paper was satirical. My parents if alive today would have wondered what they risked their youth for. My father served three and a half years in the Royal Canadian Navy; my mother six years as a nurse in the Canadian Army. They thought they were fighting for freedom and against people who jailed writers and threw people in prison for the non-violent expression of their religious or political views.”
 
“Dr. Sears is a Christian martyr,” another supporter said.
 
james sears campaigning in Ottawa.JPG
 
Publisher Leroy St. Germaine will be sentenced August 29. A proud Metis, he was entitled to the Aboriginal discount, or special reduction of sentences in view of his ethnicity. At a previous hearing the judge urged him to accept mediation — a sitdown with Jews and women who had complained against YOUR WARD NEWS. “Fuck that,” he told his lawyer.
 
So, August 29 will show whether our cultural Marxist courts will send a proud, ailing 77-year old Metis to prison for the non-violent publication of his political and religious views.
 
A notice of appeal against the conviction was filed earlier this week. Another lawyer will appear in Provincial Court on Friday to seek Dr. Sears release on bail pending appeal.

Videographer Brian Ruhe Comments on Ferocious One Year Sentence Handed Down to YOUR WARD NEWS Editor

Videographer Brian Ruhe Comments on Ferocious One Year Sentence Handed Down to YOUR WARD NEWS Editor
Vancouver Truther Brian Ruhe writes: just got the bad News about this. I’ve met Dr. James Sears in Toronto and he’s been a guest on my show. Paul will be telling us…
Editor of Your Ward News gets 1 year in jail for promoting hatred | CBC News
The editor of a hate-filled, Toronto-based publication has been jailed for one year. A judge sentenced James Sears after denying his bid to reopen the trial.

ttps://www.cbc.ca/news/canada/toronto/your-ward-news-james-sears-sentenced-1.5256452?__vfz=medium%3Dsharebar

Your Ward News hate case put over to Aug. 22; judge delays sentencing

Your Ward News hate case put over to Aug. 22; judge delays sentencing

TORONTO — A Toronto editor found guilty in January of promoting hatred against women and Jews was given more time on Thursday to say why he believes his lawyer threw the case.

In addition, Ontario court Judge Richard Blouin gave James Sears, who is looking to reopen his trial, two weeks to come up with a list of proposed witnesses and a summary of what evidence they might offer.

“I’ve never done or seen one of these applications,” Blouin said of the bid to reopen the trial. “It’s an unusual procedure. One we’re all working our way through.”

Blouin also put off sentencing for LeRoy St. Germaine, 77, publisher of Your Ward News, who was found guilty along with Sears.

The judge has been pressing St. Germaine, who has Metis background, to agree to a sentencing circle — a form of mediation in which a wrongdoer engages with their victims, in this case women and members of the Jewish community.

St. Germaine’s lawyer suggested his client was open to the concept — but not if he had to go into the mediation with apologies up front.

“The whole terms of reference might be a sticking point,” Blouin acknowledged. “(But) skilled facilitators have a way of getting to things over time.”

Blouin was insistent that a facilitated discussion of strongly opposed views in a “controlled, thoughtful arena” would be a good thing. He gave until Aug. 22 to come up with a plan or, he said, he would simply continue with sentencing St. Germaine.

For his part, Sears, 55, failed to produce a sworn affidavit Thursday as the judge had asked on why he felt his trial lawyer, Dean Embry, had deliberately blown the case.

Sears fired Embry, who denies any wrongdoing, after sentencing submissions in April. The editor claims he wanted to call defence witnesses but the lawyer refused.

“Mr. Sears hasn’t provided an affidavit on ineffective assistance of counsel,” Blouin said. “That needs to be done immediately.”

Blouin gave Sears until Aug. 8 to provide the sworn statement. The affidavit, as well as one from Embry, would be crucial in deciding whether to reopen the trial, the judge said.

“I would think, given the allegations against him, that Mr. Embry would want to respond,” Blouin said.

“There is no evidence whatsoever on the record to support the claim of ineffective assistance of counsel,” prosecutor Robin Flumerfelt said.

“I’m absorbing all this,” Sears said. “I’m not a lawyer.”

Sears, who also failed to provide a list of proposed witnesses, complained about finding experts, saying it’s hard to get in touch with academics during August. Sears said he expected to come up with an expert in satire and English.

The judge, who is retiring at the end of the month, was unmoved, saying the proceedings have dragged on long enough. He gave Sears until Aug. 15 to say who he would call to testify, their qualifications, and how their evidence would affect the case.

Sears and St. Germaine were responsible for Your Ward News, a free publication court heard was distributed to more than 300,000 homes and businesses in the Toronto area and available online. The publication consistently portrayed women and Jews in beyond ugly terms.

The Crown wants a total one-year jail term for Sears and six months for St. Germaine.

The case returns to court Aug. 22.

Free Speech Haters Are Glum As Dr. James Sears Avoids Sentencing & Wins Right to Argue for a Mistrial in “Hate Law” Case

 

Free Speech Haters Are Glum As Dr. James Sears Avoids Sentencing & Wins Right to Argue for a Mistrial in “Hate Law” Case

Dr. James Sears, editor of the wickedly satirical NEW WARD NEWS, won the chance to argue for a mistrial in his “hate law” case. He has fired his lawyer and argued incompetent defence and sabotage. His passionate self-taught lawyering recalled the freedom fighting brilliance of the late Doug Christie. Submissions, including list of expert witnesses and “will says” are due July 29. Back in Court August 1. Free speech haters and many in the hyena pack media were glum faced that Dr. Sears was not led away in handcuffs. Especially prune faced were Warren Kinsella and the anti-free thought Centre for Israel and Jewish Affairs and the League for Human Rights of B’nai Brith.