Warman Tries to Shut Down YOUR WARD NEWS Website

Warman Tries to Shut Down YOUR WARD NEWS Website

 
TORONTO, July 4, 2016. It might have been Independence Day in the U.S., but here in soft tyranny Canada, the forces of thought suppression are very active.
 
Dr. James Sears, editor of YOUR WARD NEWS, recently  rendered a non-person — not allowed top send or receive mail — under an arbitrary temporary order imposed by Public Services Minister Judy Foote, now finds the website of his controversial and satirical YOUR WARD NEWS under attack.
“Today, I was told our web host pax.net received a letter from Richard Warman demanding that they shut us down or face some sort of legal action. I’ll be meeting with the owners and discussing this later this week,” he told CAFE.
 
 
Frederick Fromm's photo.
 
“For all the chatter about ‘inclusiveness’ and ‘diversity’, the forces of political correctness insist on Maoist conformity to the pc party line. No diversity of opinion for them. Warman’s latest assault on free speech — he’s the chief complainer whose actions led to Judy Foote’s police state shutdown of mail service to a publication that has never been charged much less convicted of anything. It’s shut down first, have a hearing later,” says Paul Fromm, Director of the Canadian Association for Free Expression.
 
“We were a healthier more mature nation 50 years ago,” he add. “Before the tyranny of political correctness and cultural Marxism, Canadians could disagree. We might have radically different ideas. We’d say: ‘I totally disapprove of what you say, but you have the right to say it.’ However, today’s thought control advocates say, ‘I don’t approve of your views and you should not be allowed to express them nor should others be allow to read them,” he adds.
 
“It’s a sick form of  prune-faced Puritanism.”

Inheritance Rights Attacked: McCorkill Case Lost

Inheritance Rights Attacked: McCorkill Case Lost
 
 
https://www.youtube.com/watch?v=5eQ1634BmFI
 
https://www.youtube.com/watch?v=EaM3woqKqag
 
 
Paul Fromm explains how free speech and property rights took another hit at the hands of the Supreme Court of Canada in not hearing an appeal in the McCorkill inheritance and free speech case, which he discussed in previous videos with the host, Brian Ruhe. Paul is Director, Canadian Association for Free Expression and Winner of the George Orwell Free Speech Award, 1994.
 
 
 
 
Donations to offset CAFE’s legal costs can be sent by PayPal to
cafe.nfshost.com
 
Paul Fromm explains how they lost the McCorkill inheritance and free speech case, which he discussed in previous videos with the host, Brian Ruhe. Paul is Di…
YOUTUBE.COM

Donations to offset CAFE’s legal costs can be sent by PayPal to
cafe.nfshost.com

Publisher and Editor of YOUR WARD NEWS Stripped of Mail Service

Publisher and Editor of YOUR WARD NEWS Stripped of Mail Service

TORONTO, June 6, 2016. Don’t worry if you’ve never been to North Korea or seen its comic book president Kim-Jong On. You can see the same repressive tyranny in politically correct Ottawa. Of course, there aren’t brutal work camps. Canada is more sophisticated — a soft tyranny, but a tyranny nonetheless.

The apostles of “diversity” and “inclusiveness” have no tolerance for diversity of opinion. Their latest target is a zany East End Toronto satirical paper, Your Ward News. The agitation for silencing this irreverent tabloid has been spearheaded by longtime Liberal Party backroom boy Warren Kinsella and Ottawa lawyer and champion human rights complainant Richard Warman.

The cultural Marxist elite in Ottawa have abandoned traditional procedures of English Common Law, like the quaint belief that one is INNOCENT until proven guilty and that one should not be punished in advance.

On June 6, Your Ward News Editor, Dr. James Sears was informed by Canada Post that Public Services [but not if you’re a dissident] Minister Judy Foote had slapped him with an Interim Prohibitory Order under Sec. 43.1order, essentially forbidding him or Your Ward News Metis publisher Leroy St. Germaine from using the mail for any purpose.

Dr. Sears reports: “Canada Post received a registered letter from Judy Foote, the Member of Parliament in charge of the post office, ordering them to reject delivery of our newspaper (even though they have not yet even seen a copy of it). Every level of government has tried to nail us for “hate crimes” repeatedly but their lawyers kept telling them that we are breaking no laws. Now Judy Foote says we are guilty of “criminal libel” for “publishing lies”. She did not specify which “lies”, but I am sure it is due to the “Holohoax”. We have never been charged with any crimes, let alone convicted!” The Minister, as well, said she had reason to believe Your Ward News contained material in violation of Sec. 319 of the Criminal Code (Canada’s notorious “hate law.”)

It must be emphasized that Your Ward News has never been charged much less convicted of anything.

Dr. Sears did receive his copy of the letter dated May 26 until June 6! ‘[Is this typical of Canada Post’s service?] He has 10 days to seek an appeal of this Prohibitory Order.

“The Canadian Association for Free Expression will be organizing support for Your Ward News to uphold freedom of speech, freedom of the press and full access to the monopolistic and overpriced services taxpayers pay to Canada Post,” said Paul Fromm, CAFÉ Director, from Port Credit, Ontario this afternoon.

Update on McCorkill Case where Judge can Throw Out Your Will for Giving to Politically Incorrect Causes

Preview YouTube video Update on McCorkill Case where Judge can Throw Out Your Will


This is the first video in the history of planet Earth where Paul Fromm and Brian Ruhe made a long distance video by Skype, on June 4, 2016. Paul has been the director of the Canadian Association for Freedom of Expression (CAFE) since 1983 and this is the next in a series of videos on the McCorkill case.

CAFE, Box 332, Rexdale, Ontario, M9W 5L3

__ Here’s my special donation of _____ to help CAFE pay off its legal bills in theMcCorkill Will Appeal which is now awaiting “leave” from the Supreme Court,
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Most Important Property Rights Case of the Decade: McCorkill Will Heads to Supreme Court? — Part 1 & Disgraceful Trudeau Apology for Komagata Maru

Most Important Property Rights Case of the Decade: McCorkill Will Heads to Supreme Court? — Part 1 & Disgraceful Trudeau Apology for Komagata Maru

The Canadian Association for Free Expression Proudly Presents

Paul Fromm

Winner of the George Orwell Free Speech Award, 1994

Director, Canadian Association for Free Expression

Most Important Property Rights Case of the Decade: McCorkill Will Heads to Supreme Court?

*New developments in McCorkill free speech case

* More persecution of dissent across the country – Brian Ruhe, Your Ward News, Arthur Topham

 

28:18

Most Important Property Rights Case of the Decade: McCorkill Will Heads to Supreme Court? – 1 of 4

Warman Files Human Rights Complaint to Stop Distribution of YOUR WARD NEWS

Warman Files Human Rights Complaint to Stop Distribution of YOUR WARD NEWS

http://www.citynews.ca/…/video-human-rights-complaint-file…/

Dr. James Sears says:”I don’t believe in the Hollywood narrative of WW II”

“Political Correctness is a form of mind control,”

An Ottawa human rights lawyer has filed a human right complaint for the controversial Your Ward News newspaper.
citynews.ca

Warman’s At It Again: Wants Canada Post to Stop Distributing Your Ward News

Warman’s At It Again: Wants Canada Post to Stop Distributing Your Ward News

Let’s see, Ontario’s eccentric courts say I can’t refer to Richard Warman as the “high priest of censorship.” So, okay, this meddling lawyer, ensconced doing something or other in the Department of National Defence, doesn’t want Torontonians to be able to receive a community tabloid entitled Your Ward News through the mail. The politically correct long ago ceased debating with those who have a problem with the homosexual agenda, multiculturalism or the self-serving Hollyweird version of WW II. Disagree with them and they want to gag you and shut you down.

Local leftists, including sometime Liberal Party backroom boy Warren Kinsella, have been gunning for Your Ward News for over a year. the Main Street offices of the tabloid have had their windows smashed numerous times by the apostles of “tolerance” and “inclusion”. Then, about a year ago, the critics flipped out and tried to pressure Canada Post not to deliver the satirical tabloid. Some posties from the notoriously leftist Postal Workers Union, which for years has has a significant contingent of Maoists, threatened they would not deliver it. The complain that it is “hate” Even under Canada’s notorious “hate” law, the accused must still be afforded a trial before his writings can be declared hate.

In a healthier society, the critics would be urged to write a letter-to-the-editor, start a paper of their own, or, if they are offended beyond all endurance when Your Ward News arrives in the mail, they can simply toss it into the Blue Box for recycling. However, we live in a mean, Puritanical society assailed by domineering followers of political correctness who want to gag all dissent from their agenda.

So, along comes Ottawa lawyer Richard Warman. Your Ward News is delivered in the eastern part of Toronto. Almost certainly Mr. Warman didn’t find an unwanted copy delivered by the mailman. So, in the normal scheme of things, what’s it to him?

Anyway, he’s taken to letter writing to try to pressure Canada Post into not delivering Your Ward Newsbecause some of its views and irreverence don’t please Warman’s Ottawa sensitivities.

National Observer (March 8, 2016), an online news commentary, reports: “A prominent Ottawa human rights lawyer is after Canada Post to drop distribution of a newsletter that he says contains misogynist, homophobic, anti-Muslim and anti-Jewish hate propaganda.

Richard Warman wrote Public Works Minister Judy Foote and Canada Post president Deepak Chopra in early March to ask for a halt to the postal distribution of a Toronto publication called Your Ward News.
Warman told National Observer that the newsletter was something he was aware of that was floating around the Toronto area.

“It had sort of a bad smell. When I finally had the chance to look at it closely, I was shocked to see the kind of bigotry that was being disseminated through Canada Post.”

In an email response to National Observer Tuesday, Foote said, “I have reviewed some of the material in question and I too find it highly offensive and well outside the norm of Canadian values. I have reached out to my colleagues to determine the best way forward in addressing this issue.

“This includes whether the material constitutes an offense under the Criminal Code.”

Your Ward News claims distribution of 300,000 and a readership of one million within Toronto. Canada Post delivers the publication unwrapped, meaning anyone is able to see the content.

The most recent issue of the quarterly publication (it was previously monthly) shows on its cover a bizarre collage of Prime Minister Justin Trudeau surrounded by women in bikinis. Beside him, Ontario Premier Kathleen Wynne waves a gay pride flag.

Two men are depicted on crosses, one of them clearly meant to be Christ; the other sprays blood on former advisor to Jean Chretien, Warren Kinsella, and in a word balloon says, “See you in hell, Kinsella!”

The entire spectacle is headlined “Marxist Lackeys Attack.”

Inside, the paper contains a number of racist slurs directed mostly against Jews and Muslims. The back page invites people to attend “The 1st Annual Old-Fashioned Toronto Anti-Marxist Book-Burning.”

The purported ad states that among books welcome to be burned are “FemiMarxist garbage by authors like Margaret Atwood; EnviroMarxist Agenda 21 propaganda by scientific sellouts like David Suzuki, etc.” ….

“In his letter, Warman tells Canada Post that he is concerned the Crown corporation’s distribution of the newsletter might constitute a breach of the Canadian Human Rights Act as the agency is “party to the dissemination of discriminatory material to the general public.”

Warman warns the Crown corporation that if it persists in distribution of the paper, “I will pursue the matter accordingly,” and cites, among other things, an example of defamatory libel in the newsletter against Warren and Lisa Kinsella.” …. [Actually, Your Ward News is a tabloid newspaper, not a newsletter.]

“While Warman’s letter is the most recent attempt to have Canada Post stop delivery of Your Ward News, it’s not the first time.
In May 2015, Arthur Potts, the Ontario MPP for Toronto’s Beaches-East York riding sent a letter to Canada Post’s Chopra asking the Crown corporation to reconsider its delivery of the newsletter.

In his letter, Potts noted that Toronto’s Hate Crimes Unit was probing a complaint about the then-current issue of Your Ward News, which featured “several offensive and anti-Semitic articles and caricatures.”

The Toronto Hate Crimes Unit could not be reached for comment. It’s not known whether the paper is still under investigation at this time.

Potts wrote that he was not only deeply concerned by the paper’s content and his constituents’ complaints, but added the fact that Canada Post delivered the paper, despite repeated complaints, “suggests that the Crown corporation may endorse its content.”

Canada Post did not respond to National Observer’s queries. The Crown corporation operates at arm’s-length from the government.

Megan Whitfield, the president of the Toronto Local of the Canadian Union of Postal Workers, told National Observer that a number of postal workers have complained about having to deliver the publication.

However, Whitfield said Canada Post has threatened to discipline any workers who refuse to carry the newsletter.

“Both on the cover and inside they’ve had some very offensive material,” Whitfield said of the publication. At the very least the Toronto Local wants to see the publication shrink-wrapped in dark plastic so that the contents can’t be seen in the mail.
Of Canada Post, Whitfield said: “They just continue to allow it to go through.”

Ottawa human rights lawyer, Richard Warman. Photo courtesy of Richard Warman

Hopeful News in the McCorkill Case: Chances Improve of Getting to the Supreme Court

Hopeful News in the McCorkill Case: Chances Improve of Getting to the Supreme Court

Good news and bad news. CAFÉ’s chances of winning “leave” or acceptance of the Supreme Court to appeal the appalling decision of Mr. Justice Grant of the Court of Queen’s Bench in New Brunswick and upheld last July by the Court of Appeals of New Brunswick have vastly improved. That’s the good news. CAFÉ’s chances of being granted leave to appeal have improved. That’s the bad news because an appeal in ferociously expensive. Our appeal costs could soar to $60,000 and we are behind in our bills.

The McCorkill case is vital to freedom of speech, freedom of belief and property rights. Should a court be able to nullify a will or bequest because the recipient’s views are “contrary to public policy”? The late Robert McCorkill of St. John, New Brunswick was a professor of chemistry and left his sizable estate of old coins and rare artifacts to the U.S.  White Nationalist group known as the National Alliance.

Inline image 1

Professor McCorkill died in 2004. The estate was finally probated in 2013. Then, the Southern Poverty Law Center, a malicious group of U.S. censors who make a profitable business of spying on, exposing and legally harassing those they claim are “haters”, found out and raised a storm. The usual hysterical stuff: the bequest would revive the “Nazi” movement in the U.S. And, yes, there’d be a gas chamber on every other corner. The only problem was that the SPLC had no legal standing in Canada. However, the next thing we knew, Ottawa lawyer Richard Warman got into the act and declared that the bequest was “contrary to public policy.” At first, this seemed absurd. However, miraculously Isabel McCorkell [yes, different spelling], the long estranged sister of Robert McCorkill – she had not attended his funeral or challenged his will during the probate proceedings – surfaced. Interestingly, she lived in Ottawa. She sought and obtained an order to freeze the proceeds until she could make an application to have the will nullified on the grounds that it was … “contrary to public policy.” She was quickly joined in her endeavours by the Attorney General of New Brunswick, the League for Human Rights of B’nai Brith and the Centre for Israel and Jewish Affairs. At this point, CAFÉ sought and was granted intervener status. This is clearly a vital case on several levels. It is a case defending freedom of speech and freedom of belief. It is also upholding property rights. Should a judge be able to overturn the clear wishes of a testator? Should a person not be able to dispose of his property as he sees fit and not have the views or morals of his beneficiaries scrutinized by a judge?

Last September, CAFÉ sought leave to appeal to the Supreme Court of Canada. Only about one in 10 applications for leave are granted. The SCC seeks cases that have a national interest. Surely, some degree of certainty in estate law would constitute such a national interest. That was our argument. However, this argument was greatly strengthened recently by a decision of the Ontario Court of Appeals in the Spence case. Rev. Eric Spence was a Jamaican preacher who left all of his $400,000 estate to one daughter, whom he hadn’t seen in 30 years, and left nothing to Verolin, the daughter he’d raised and financed through university, because she’d had a child with a White man. In January, 2015, as we had predicted in our arguments before the Court of Queen’s Bench, the McCorkill decision would be the beginning of a flood of allegations. Verolin successfully had her father’s will nullified. Judge Cory. A Gilmore inveighed against
Spence’s “clearly stated racist principle” and declared that the will “not only offended human sensibilities but also public policy”. She then nullified the will as being “contrary to public policy.” BMO Trust, on behalf of the Spence Estate, appealed to the Ontario Court of Appeals. In a March 8 decision , the Ontario Court of Appeals overturned, Judge Gilmore’s decision, and reinstated the will’s provisions. This decision is immensely helpful should our case reach the Supreme Court.

Some key points from the appeal:
 
* Proceeding by affidavit flawed: “In support of the application, Verolin filed her own affidavit, together with an affidavit sworn by Imogene Parchment … who had acted as Eric’s occasional caregiver. … Neither Verolin nor Imogene were cross-examined on their affidavits (13). … The application judge erred by embarking on a public policy-based review pf thje impugned terms of Eric’s will and that she further erred by admitting the Extrinsic Evidence entered in this case. It follows tat I would allow the appeal. (113) This finding is most helpful because the entire McCorkill application was heard using only “extrinsic evidence” in the form of affidavits. None of the deponents was cross-examined. CAFE’s lawyer Andy Lodge succeeded in getting some affidavits struck, but a number of fiery ones filled with accusations against the National Alliance remained as part of the record.
 
* BMO’s arguments on behalf of the Spence Estate. “BMO Trust … submits that the application judge erred by placing any weight on the Extrinsic Evidence. … BMO Trust argues that the application judge unjustifiably interfered with Eric, testamentary freedom, which allows him to distribute his property as he chooses. … Allowing the application judge’s decision to stand would increase uncertainty is estate law and open the floodgates to litigation in estates matters.” (24-26) This latter argument was also forcefully made by CAFE both before the Court of Queen’s Bench and the New Brunswick Court of Appeal,
 
* Testamentary Freedom, “A testator;s freedom to distribute [his] property as [he] chooses is a deeply entrenched common law principle.” (30) “he Supreme Court has also recognized the importance of testamentary autonomy, holding that it should not be interfered with lightly, but only in so far as the law requires.” (31)
 
* The Court noted that the Spence will was a private trust. There were no behaviour actions required of the beneficiary. “Eric’s residual bequest imposes no conditions or stipulations. “The courts have recognized various categories of cases where public policy may be invoked to void a conditional testamentary gift” (like marrying a particular person, celibacy, or membership in a particular church) (55) There were no such conditions in either the Spence will or the McCorkill will.
 
* There is strong criticism of the reasoning in the McCorkill decision. McCorkill found “this authority extends to cases where the terms of the bequest do not include discriminatory conditions bu evidence is tendered that a testator’s alleged motive is making the bequest offends public policy. I see no support in the established jurisprudence for the acceptance of such an open-ended invitation to enlarge the scope of the public policy doctrine in estates cases.” (58) McCorkill extends the law dangerously. “Prior to McCorkill, public policy based justification for judicial interference with a testator’s freedom to dispose of [his] property had been advanced only in respect of conditional testamentary gifts. In McCorkill, as in this case, the testator’s residual gift was absolute, not conditional.” (62) “However, Professor Ziff [Bruce Ziff, “Welcome to the Newest Unworthy heir”] acknowledges that, even in unworthy heir cases like McCorkill, the invocation of public policy considerations to void an unconditional testamentary bequest may overreach the proper ambit of the public policy doctrine. ‘The more challenging problem with McCorkill is that it may be overbroad.'”
 
* Neither the Spence nor the McCorkill bequests offend the Charter or provincial human rights acts. “Neither the Ontario Human Rights Code … nor the Charter of Rights and Freedoms apply to justify court interference with the testator’s intentions. the Human Rights Code, of course, ensures that every person has a right to equal treatment with respect to service,s good and facilities without discrimination based on race … the Charter pertains to state action. Neither reaches testamentary disposition of a private nature.” (74) This would seem to apply to McCorkill, as well.
 

 

* this conclusion would seem to be very applicable to McCorkill: “The desire to guard against a testator’s unsavoury or distasteful testamentary dispositions cannot be allowed to overtake testamentary freedom. The need for a robust application of the principle of testamentary freedom is especially impoirtant … in the context of a testator’s central right to choose his or her residual beneficiaries.” (85)


And, there’s more. Now, there seems to be a contradiction between the Courts of Appeal in New Brunswick and Ontario; the former was quick to overturn the testator’s wishes as the recipient’s views were “contrary to public policy”; the Ontario court refused to overturn the will even though it did involve a degree of racial discrimination. Acting on behalf of Verolin Spence, Earl A. Cherniak advised Andy Lodge, CAFÉ’s lawyer: “Given the similarities of the issues to be decided on the application for leave to appeal in McCorkill and the issues we intend to raise in the Spence matter, we ask that the Panel considering the application for leave in  McCorkill be advised that we will be seeking leave to appeal and will … be bringing a motion to expedite leave.” CAFÉ has agreed that the Spence appeal can be joined to ours, if the Court so wishes. This strengthens our chances of being granted  leave.

This Spring will extremely expensive for CAFÉ. The issues of property rights and freedom of speech and belief are crucial. We need your help urgently! A tiny band of generous, loyal people like you have made this crucial battle possible thus far.

Please send your most generous contribution today.

My thanks, fellow free speech supporter,

Paul Fromm
Director
CANADIAN ASSOCIATION FOR FREE EXPRESSION
__________________
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 which is now awaiting “leave” from the Supreme Court,
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__  Please renew my subscription for 2016 to the Free Speech Monitor ($15).
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NO JUSTICE FOR DISSIDENT WHATCOTT IN CBC LIBEL APPEAL

   NO JUSTICE FOR DISSIDENT WHATCOTT IN CBC     LIBEL APPEAL

Canada’s courts are dominated by judges holding to a Cultural Marxist ideology. In their world, people are divided into “vulnerable minorities” who must be protected from criticism and oppressors. Near the very top of their “vulnerable minority” hit parade are homosexuals and the whole LGBTQ-alphabet soup of the sexually unusual. A strong critic for over 20 years of the homosexual agenda is Bill Whatcott. Beggared, jailed, fined, ruined by a homosexual led boycott of his carpet cleaning business, Mr. Whatcot t is nothing if not a fighter.


He won a libel action against the CBC for their deliberate distortion of his words. Good for him. However, the short-lived victory, was substantially reversed with an additional punishing kick in the kidneys, saddling him with the CBC’s costs.


The Saskatchewan Court of Appeals upheld the finding of libel but slashed the $30,000 award to a measly $1,000 and essentially cancelled it by awarding costs against Whatcott. An appeal can run $10,000 – $40,000 easily. So, even in winning, partially, Mr. Whatcott, the real victim, loses.


The decision written by Neal Caldwell concluded: “There is simply no evidence upon which to quantify or begin to assess the level of damages in this case. For this reason, although the Chambers judge’s finding of defamation attracts a presumptive award of damages, the absence of evidence of the effect of the defamation that occurred here limits that to an award of nominal damages only. The appeal is allowed in part. The finding of defamation is not subject to appellate reversal. The judge’s findings with respect to the extent of publication and actual malice are set\ aside, as is the award of aggravated damages. The award of compensatory general damages is reduced to the nominal amount of $1,000. Since the CBC was substantially successful, it shall have its costs in this appeal in the usual manner.”


The Court of Appeals is advancing the novel proposition that it is hard to know how big an audience CBC News has or what influence, if any its stories, have. Thus, so the bowel twister of an argument goes, there is no proof Mr. Whatcott suffered any damage. If the CBC really has such a small audience and so little influence, this is a sad commentary on decades of taxpayer $billion+ annual subsidy for this leftist propaganda agency.


Interestingly, in the CAFE/Fromm’s libel case, where we were sued for defamation by Richard Warman for, among other things, calling him “the high priest of censorship”, the Court gladly awarded $40,000 in damages, even though our words were circulated on relatively obscure websites, not blared over Canada’s national news network. In that case, Judge Monique Metivier seemed convinced that Warman’s reputation had been damaged by our merely uttering these words. It’s flattering but not convincing to believe that our writings are more powerful than the multi-billion dollar foghorn of the CBC. Actually, this is just another case of our leftists courts beating up on a pesky Christian; namely, Bill Whatcott.


The National Post (February 26, 2016) provides more detail to the story: In Saskatchewan, “he province’s top court has significantly cut the amount of money the Canadian Broadcasting Corporation has to pay for defaming anti-gay crusader Bill Whatcott. Originally ordered to pay Whatcott $30,000, the CBC is now on the hook for only $1,000 after a partial win before the Saskatchewan Court of Appeal.
“While I find no cogent basis to set aside the finding of defamation, I would nevertheless intervene and reduce the general damages awarded in this matter to a nominal amount,” Justice Neal Caldwell wrote on behalf of the court. ….

The issue dates back to October 2011 when the CBC published a report on The National and its website about a case involving Whatcott that was before the Supreme Court of Canada. It stemmed from a Saskatchewan Court of Appeal ruling regarding Whatcott’s battle with the Saskatchewan Human Rights Commission over anti-gay pamphlets he distributed in Saskatoon and Regina in 2001 and 2002.

The CBC report included a pan of one of Whatcott’s pamphlets — but not the one that was at issue in the human rights case. Rather, it was one Whatcott had distributed in Alberta in 2008. The CBC showed the side of the pamphlet with lyrics to a song that Whatcott had modified to read, “Kill the Homosexual.” On the reverse side, which the CBC didn’t show, “Whatcott had purported to disclaim or exculpate himself from liability for its inflammatory content, suggesting that he did not truly advocate the murder of homosexuals,” the decision notes.
(Don Healy / Leader-Post)Bill Whatcott handing out flyers at the University of Regina on March 6, 2013.

Whatcott sued, claiming that CBC’s depiction of the pamphlet would cause viewers to believe he advocated murdering homosexual people.
In January 2015 Court of Queen’s Bench Justice Richard Elson agreed, finding the CBC had misrepresented the pamphlet in its four-minute news segment. He awarded Whatcott $20,000 in general damages and an additional $10,000 in aggravated damages after finding the broadcaster had acted with malice.
The CBC appealed, arguing Elson had made several legal errors.

The mere fact the CBC had published a defamatory news segment does not serve to increase the measure of general damages or to justify an award of aggravated damages.

“While the defamatory nature of the news segment is open to some interpretation, I cannot conclude that the judge’s interpretation of it as defamatory was either unreasonable or borne of an error of law,” wrote Caldwell in a decision made unanimous by Justices Ralph Ottenbreit and Maurice Herauf. Elson had found the CBC’s focus on a single, offensive phrase conveyed the impression Whatcott’s activism was more extreme that it actually was and would “tend to lower the plaintiff’s reputation in the eyes of a reasonable person.”

However, the court did determine Elson erred in other findings.
Caldwell said the judge had no evidence about the scope of the publication so erred in assessing damages. The court said Whatcott was responsible for making his case, and “it was not for the judge to fill in the gaps with speculation.”

Whatcott had also failed to provide proof of actual malice, and Elson had made inferences based on “scant evidence,” said Caldwell.
“The mere fact the CBC had published a defamatory news segment does not serve to increase the measure of general damages or to justify an award of aggravated damages,” wrote Caldwell.”