Vancouver Friends & Supporters Mourn the Passing of Doug Christie

Vancouver Friends & Supporters Mourn the Passing of Doug Christie
 VANCOUVER. March 26, 2013. The last of four memorial meetings sponsored by the Canadian Association for Free Expression across Canada took place here this evening. Friend…s, former clients, admirers and members of Doug Christie’s Western Block party gathered to remember the Battling Barrister.

Cecilia “Sissy” von Dehn is a former nurse and midwife who, with a friend, several times passed out copies of Bill 48, the draconian legislation, brought in by the former NDP government, that sets up bubble zones around abortion clinics where no protests are allowed. “I felt no one knew what a bubble zone was. I distributed the law. We never discussed abortion. Apparently telling people what the law is in British Columbia is illegal. Our sign said: ‘You are in a bubble zone, Read Bill 48,'” Mrs. von Dehn explained.

The Vancouver abortion clinic called the police and Mrs. von Dehn and her friend were arrested. She approached many law firms. “They were afraid of an unpopular case. I am grateful Doug Christie fought for another unpopular cause in my case,” she added.

Another Doug Christie client, Terry Tremaine, spoke. Mr. Tremaine  has been victimized by Richard Warman through a human rights complaint, a Criminal Code “hate law” complaint, three “contempt of court” complaints and a complaint to the University of Saskatchewan which resulted in the loss of his teaching position. “This whole country has become a bubble zone against free speech,” he said.

“Doug Christie was my lawyer, but he was also my friend,” Tremaine said. “I haven’t been so affected by the death of anyone since the death of my own father in 1985,” he added. “No only have I lost my lawyer, I have lost my dear friend.”
Mr. Tremaine was teaching at Red Deer College in 1983 while the James Keegstra “hate law” case was in progress. A student whose father had been Mr. Keegstra’s principal invited him to attend court one day. This was the first occasion Mr. Tremaine saw the Battling Barrister.Photo
James Keegstra was testifying. Mr. Tremaine had been prepared to see a monster from hyperventilating stories in the press. “But James Keegstra didn’t have horns. He was a sincere and thoughtful person and he started me off on a course of research that continues to this day.”
“Doug Christie’s life was built on principle. He was devoted to freedom of speech and fought against people being fed into an unjust system.”
“Doug Christie’s life was based on principle and he would withstand the rejection of lesser men. He was not swayed by the opinions of insignificant men. Doug was a hero for freedom,” he concluded.
In his wrap-up, CAFE Director Paul Fromm reminded the audience that Doug Christie often said: The only freedoms you have are the ones you’re prepared to fight for.”
“We have had thirty years of Trudeau’s lying Charter. He hijacked our Anglo-Saxon Common Law and replaced it with continental Napoleonic Law, where the state stingily doles out ‘rights’ to the serfs. The Charter, despite the apparent guarantees of freedom of speech, freedom of belief, and freedom of religion is a fraud. We are far less free today, in terms of free speech, than we were before the Charter,” Mr. Fromm said.Photo
“In the Whatcott decision, traditional Christians have just had the boots put to them by a Supreme Court panel of six who included three Jews, who, and we’re not supposed to notice this fact, constitute less than one percent of the population. Made up rights, like self actualization and satisfaction for privileged minorities, have trumped freedom of speech for Christians. These are hard times.”
“Doug Christie helped hold back the censors’ onslaught. He got the archaic ‘false news’ law thrown out at the Zundel trial and developed many challenges to the hate law which have not been adjudicated. He achieved the acquittal of Chief David Ahenakew and the staying of charges against Terry Tremaine in hate law cases. We must carry on with his work,” Mr. Fromm pledged. — Paul Fromm

Dissident Terry Tremaine Headed for Jail, but Just Not Yet

Dissident Terry Tremaine Headed for Jail, but Just Not Yet

Dissident Terry Tremaine was sentenced to one month in prison definite and six months more, should he not remove several dozen postings from his website and request that STORMFRONT remove some of his postings as Mathdoktor 99, including the statement of defence he proposed to read at his contempt of court hearing in Regina, July 22, 2009. [Unbeknownst to him and CAFÉ’s Paul Fromm who was advising him, the hearing had been adjourned the day before.] Oh, yes, the impoverished Mr. Tremaine was also saddled with the flush Canadian Human Rights Commission’s costs and certain costs for civil servant and chronic complainant Richard Warman. The Canadian justice system proceeds at a ponderous pace. In December, Mr. Tremaine’s sentence was stayed pending an appeal against this sentence later this Spring. However, he faces a hearing before sentencing Judge Sean Harrington where the Canadian Human Rights Commission will seek a warrant of committal, which will actually send Mr. Tremaine to prison [although its execution is stayed pending the appeal.] This hearing will determine whether Mr. Tremaine goes to prison for a month or six. He has removed the designated posts from his website http://nspcanada.nfshost.com. Will this satisfy the judicial censors? Who knows?
Terry Tremaine Receiving CAFE Free Speech Award, Regina, 2012,
from CAFE Director Paul Fromm
Doug Christie Mr. Tremaine’s lawyer will argue that Mr. Tremaine already served 22 days in jail in Regina in August, 2009 in regards to the STORMFRONT post and should be credited against his one month sentence on a 1.5 for one basis, thus effectively negating the sentence.

 

Help CAFE Support The Victims of Canada’s Anti-Free Speech Laws

 

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

 

__    Here is my donation of $_______ to help CAFÉ’s campaign to support the victims of Canada’s censorship laws..

__    Please activate my subscription for 2013 to the Free Speech Monitor ($15).

 

Please charge ______my VISA#________________________________________________________________

 

Expiry date: __________ Signature:_______________________________________________________________

 

Name:____________________________________________________________________________________

 

Address:__________________________________________________________________________________ 

 

_______________________________________________________Email______________________________

Canadian Association for Free Expression

Box 332,

Rexdale, Ontario, M9W 5L3

Ph: 905-56-4455; FAX: 905-566-4820

Paul Fromm, B.Ed, M.A. Director

 
Memo to the Senate of Canada: Please Protect Internet Free Speech — Pass Bill C-304
Last June, the House of Commons passed a private Member’s Bill, Bill C-304 which repealed Sec. 13 of the Canadian Human Rights Act.
Sec. 13 had been a vague and much abused form of Internet censorship, making an offence out of views expressed over the Internet that were not criminal. Truth was not a defence. Intent was not a defence. The wording was  vague — communicating views “likely to expose” designated or privileged groups to “hatred or contempt.” No harm had to be proven. In fact, it was not necessary to prove that anyone other than the complainant had ever even seen the post in question. “Contempt” would capture any negative criticism. For instance, if smokers wer a protected group, Internet comments stating smokers had bad breath and were damaging their skin and had higher incidents of lung cancer would be “likely” to expose them to “contempt” is not hatred. Truth would not matter.
Until the Marc Lemire decision in 2009, Sec. 13 had a 100% conviction rate. That alone should have set off alarm bells. People are frequently charged with murder or robbery or fraud and acquitted. However, there were virtually no defences under Sec. 13. Worse, most of the prosecutions were driven by a chronic complainer with an admitted political agenda. This man worked for the Canadian Human Rights Commission during some of the time he was filing complaints. He has now moved over to the Department of National Defence. He admitted in a talk to Anti-Racist Action, a Toronto group with a history of violence, that he was seeking to “shut down” through “maximum disruption” those with an ideology he opposed.
Most of the victims of Sec. 13 complaints were poor and obscure people, unable to afford a lawyer. On behalf of the Canadian Association for Free Expression, I acted as a “representative” for half a dozen of these people. I saw lives and reputations ruined. The long drawn-out proceedings were an abuse BY process.
The investigators and prosecutors for the Canadian Human Rights Commission acted more like a political police than officials steeped in our tradition of fairness. When the lead “hate” investigator was questioned during the Warman v. Marc Lemire Tribunal, he was asked what weight he gave to freedom of expression when he was examining a website: “None,” he responded, “freedom of expression is an American idea.” Oh, really?
In our submission, the House of Commons was wise to repeal Sec. 13. We understand that it is now in the process of second reading in the Red Chamber. We urge that it receive speedy consent.  It has now been eight months since it was passed in the House of Commons.
There is an urgency here. Canadians continue to suffer. Terry Tremaine, a former lecturer at the University of Saskatchewan, was charged under Sec. 13 and found guilty. He was then charged for much of the same material under Sec. 319 (“hate law”) of the Criminal Code. Last fall, a Regina judge dismissed the case. However, Mr. Tremaine had been hit with a lifetime “cease and desist” order by the Canadian Human Rights Tribunal forbidding him from posting the same or similar comments to the ones at issue at the Tribunal. But what is “similar”? Although he tried to tome down his language, he was eventually found guilty of “contempt of court” for not removing the original posts, although the Tribunal’s order, as worded, had not required this. Subject to an appeal, he may soon head off to jail for up to six months!
Jail for expressing non-violent opinions on a website in another country? Such repression and micro-managing of opinion are unacceptable in a free society.
The Canadian press and many MPs rightly criticize restrictions on free speech in other countries. The case of Chinese architect, artist and dissident Wei Wei comes to mind. The was jailed briefly and then stripped of his political rights — not allowed to talk to the foreign media — for a year. Many Canadians rightly voiced their concern. Yet, Sec. 13 puts its victims under a lifetime gag!
In passing Bill C-304, the House of Commons went a long way to securing Internet freedom in Canada.  We urge you to do likewise and pass this piece of legislation as expeditiously as possible.
Respectfully submitted.
Paul Fromm
Director

 

 

E-mail addresses of Canadian Senators
andrer@sen.parl.gc.ca, atauls@sen.parl.gc.ca, bakerg@sen.parl.gc.ca, belled@sen.parl.gc.ca, boisvp@sen.parl.gc.ca, braled@sen.parl.gc.ca, brazep@sen.parl.gc.ca, brownb@sen.parl.gc.ca, buthjo@sen.parl.gc.ca, callbc@sen.parl.gc.ca, campbel@sen.parl.gc.ca, carigc@sen.parl.gc.ca, dawsod@sen.parl.gc.ca, champa@sen.parl.gc.ca, chapum@sen.parl.gc.ca, mercet@sen.parl.gc.ca, dallar@sen.parl.gc.ca, poulim@sen.parl.gc.ca, comeag@sen.parl.gc.ca, coolsa@sen.parl.gc.ca, cordyj@sen.parl.gc.ca, cowanj@sen.parl.gc.ca, dagenj@sen.parl.gc.ca, dayja@sen.parl.gc.ca, debanp@sen.parl.gc.ca, mikeduffy@sen.parl.gc.ca, eatonn@sen.parl.gc.ca, envert@sen.parl.gc.ca, finled@sen.parl.gc.ca, fortis@sen.parl.gc.ca, frasej@sen.parl.gc.ca, harbm@sen.parl.gc.ca, hervic@sen.parl.gc.ca, lacomd@sen.parl.gc.ca, hublee@sen.parl.gc.ca, mjaffer@sen.parl.gc.ca, joyals@sen.parl.gc.ca, kennyco@sen.parl.gc.ca, kinsen@sen.parl.gc.ca, langd@sen.parl.gc.ca, lebrem@sen.parl.gc.ca, mannif@sen.parl.gc.ca, martin@sen.parl.gc.ca, mcintp@sen.parl.gc.ca, mccoye@sen.parl.gc.ca, merchp@sen.parl.gc.ca, meredd@sen.parl.gc.ca, mitchg@sen.parl.gc.ca, mocklp@sen.parl.gc.ca, moorew@sen.parl.gc.ca, munsoj@sen.parl.gc.ca, mcgeed@sen.parl.gc.ca, ngoth@sen.parl.gc.ca, neufer@sen.parl.gc.ca, nolinp@sen.parl.gc.ca, ogilvk@sen.parl.gc.ca, olived@sen.parl.gc.ca, patted@sen.parl.gc.ca, plettd@sen.parl.gc.ca, rainen@sen.parl.gc.ca, poirir@sen.parl.gc.ca, ringup@sen.parl.gc.ca, rivarm@sen.parl.gc.ca, jcrivest@sen.parl.gc.ca, runcib@sen.parl.gc.ca, kfl@sen.parl.gc.ca, seidmj@sen.parl.gc.ca, setha@sen.parl.gc.ca, sibnic@sen.parl.gc.ca, smithd@sen.parl.gc.ca, smithlw@sen.parl.gc.ca, stewac@sen.parl.gc.ca, stratt@sen.parl.gc.ca, tardic@sen.parl.gc.ca, tkachd@sen.parl.gc.ca, ungerbe@sen.parl.gc.ca, vernej@sen.parl.gc.ca, wallinp@sen.parl.gc.ca, wallaj@sen.parl.gc.ca, wattc@sen.parl.gc.ca, zimmer@sen.parl.gc.ca, whitev@sen.parl.gc.ca, , , maltag@sen.parl.gc.ca, andrer@sen.parl.gc.ca, atauls@sen.parl.gc.ca, bakerg@sen.parl.gc.ca, belled@sen.parl.gc.ca, boisvp@sen.parl.gc.ca, braled@sen.parl.gc.ca, brazep@sen.parl.gc.ca, brownb@sen.parl.gc.ca, buthjo@sen.parl.gc.ca, callbc@sen.parl.gc.ca, campbel@sen.parl.gc.ca, carigc@sen.parl.gc.ca, dawsod@sen.parl.gc.ca, champa@sen.parl.gc.ca, chapum@sen.parl.gc.ca, mercet@sen.parl.gc.ca, dallar@sen.parl.gc.ca, poulim@sen.parl.gc.ca, comeag@sen.parl.gc.ca, coolsa@sen.parl.gc.ca, cordyj@sen.parl.gc.ca, cowanj@sen.parl.gc.ca, dagenj@sen.parl.gc.ca, dayja@sen.parl.gc.ca, debanp@sen.parl.gc.ca, mikeduffy@sen.parl.gc.ca, eatonn@sen.parl.gc.ca, envert@sen.parl.gc.ca, finled@sen.parl.gc.ca, fortis@sen.parl.gc.ca, frasej@sen.parl.gc.ca., harbm@sen.parl.gc.ca, hervic@sen.parl.gc.ca, lacomd@sen.parl.gc.ca, hublee@sen.parl.gc.ca, mjaffer@sen.parl.gc.ca, joyals@sen.parl.gc.ca, kennyco@sen.parl.gc.ca, kinsen@sen.parl.gc.ca, langd@sen.parl.gc.ca, lebrem@sen.parl.gc.ca, mannif@sen.parl.gc.ca, martin@sen.parl.gc.ca, mcintp@sen.parl.gc.ca, mccoye@sen.parl.gc.ca, merchp@sen.parl.gc.ca, meredd@sen.parl.gc.ca, mitchg@sen.parl.gc.ca, mocklp@sen.parl.gc.ca, moorew@sen.parl.gc.ca, munsoj@sen.parl.gc.ca, mcgeed@sen.parl.gc.ca, ngoth@sen.parl.gc.ca, neufer@sen.parl.gc.ca, nolinp@sen.parl.gc.ca, ogilvk@sen.parl.gc.ca, olived@sen.parl.gc.ca, patted@sen.parl.gc.ca, plettd@sen.parl.gc.ca, rainen@sen.parl.gc.ca, poirir@sen.parl.gc.ca, ringup@sen.parl.gc.ca, rivarm@sen.parl.gc.ca, jcrivest@sen.parl.gc.ca, runcib@sen.parl.gc.ca, kfl@sen.parl.gc.ca, seidmj@sen.parl.gc.ca, setha@sen.parl.gc.ca, sibnic@sen.parl.gc.ca, smithd@sen.parl.gc.ca, smithlw@sen.parl.gc.ca, stewac@sen.parl.gc.ca, stratt@sen.parl.gc.ca, tardic@sen.parl.gc.ca, tkachd@sen.parl.gc.ca, ungerbe@sen.parl.gc.ca, vernej@sen.parl.gc.ca, wallinp@sen.parl.gc.ca, wallaj@sen.parl.gc.ca, wattc@sen.parl.gc.ca, zimmer@sen.parl.gc.ca, whitev@sen.parl.gc.camaltag@sen.parl.gc.ca,

Judge Ponders Sending Dissident to Prison for Not Shutting Down His Website

Judge Ponders Sending Dissident to Prison for Not Shutting Down His Website

VANCOUVER. October 10, 2012. A controversial website http://nspcanada.nfshost.com. may soon disappear and many postings by a Regina university lecturer may be removed from STORMFRONT, if Canada’s thought control advocates get their way.

A federal judge was asked to jail Internet dissident and webmaster Terry Tremaine for months or until he breaks and removes a controversial website. After a tense morning of demands for the jailing of a man who has posted politically incorrect opinions on the Internet and equally strong submissions by his lawyer Douglas Christie decrying censorship and bullying by the state, Judge Sean Harrington adjourned court and reserved judgement in Mr. Tremaine’s contempt of court hearing here.

Representing the Canadian Human Rights Commission Daniel Poulin urged an 85 day term of incarceration for Mr. Tremaine or until “the original material found to be offensive” under Sec. 13 of the Canadian Human Rights Act (now repealed by the House of Commons) is removed. He argued that leaving the postings complained of was violating a Human Rights Tribunal’s order to “cease and desist.” In a further demand that had Internet savvy listeners shaking their heads, he insisted that Mr. Tremaine must remove his signature block from his more than 3,000 posting on Stormfront, where he posted under the name “mathdoktor99” because it provides the web address of his website. He then seemed to go further and said: “The only way to ensure the material is not repeated is to remove the website,” even though it was acknowledged there were several thousands of postings and audio and musical items, only a few of which formed the basis of the 2005 complaint by Richard Warman.

Mr. Poulin charged that Mr. Tremaine “knew he was ignoring the cease and desist order and he did so purposefully.” So, in Mr. Poulin’s submission, Mr. Tremaine is to be ordered to take down his website and write to STORMFRONT to remove material deemed offensive in the Tribunal’s order.

How, the judge asked, is Mr. Tremaine to “purge his contempt and remove material from the Internet” if he is in jail?

“He can have his lawyer do it or hire a consultant,” Mr. Poulin shot back.

Further, “if he fails to remove the website after 85 days, he must transfer the website to the Canadian Human Rights Commission. We’ll remove it and make it a blank page.” And then the final kick at Mr. Tremaine, who was rendered penniless after Richard Warman complained to the University of Saskatchewan long before the initial complaint was adjudicated and cost Mr. Tremaine his job. “While we recognize Mr. Tremaine’s ability to pay is limited, we seek costs.”

Richard Warman who has hounded Mr. Tremaine with the original human rights complaint, a complaint to his employer, a criminal code Sec. 319 “hate law” complaint, and at least three contempt of court complaints rose to make his sentencing submissions.

Warman demanded a jail term of three to six months, even if Mr. Tremaine removes the website. “Deterrence and denunciation are important, given the five year extensive period of contempt. I’d be concerned if he was let out as soon as he purged his contempt,” Mr. Warman continued.

Then, warming to his subject, he harrumphed: “There is the self-evident seriousness of Mr. Tremaine’s trying to alienate control of his site. It boggles the mind to think of anything so contemptuous of the court.” He referred to the startling revelation in court the previous day that Mr. Tremaine was arranging to sell his website to someone in the U.S., which is not bound by Canada’s police state censorship laws. The judge issued an order preventing him from communicating the password to anyone else.

However, Judge Harrington interjected, “there is no law preventing him from selling his website.”

Warman also wanted the order to direct Terry Tremaine to write to archive.org to ask that their copy of his site be removed.

Mr. Warman, too, said he was seeking costs, even though much of his trip to Vancouver would have been paid for by the Commission which called him as a witness. “You’re here as a complainant who is also a solicitor,” the judge noted.

“I have a day job and have foregone that revenue and I practise also as a solicitor and have foregone that income. [Mr. Tremaine’s] inability to pay is not a reason for not awarding costs.

Mr. Warman, too, didn’t want the large number of innocuous postings on Terry Tremaine’s website to remain: “You’ll recognize the dangers of sifting the wheat from the chaff on the nspc website. It is much better to close it entirely. If we don’t, we’ll be back here again soon and this matter will never end.

Acting for Terry Tremaine Douglas Christie, who is also general counsel for the Canadian Free Speech League, pointed out that, since Marc Lemire won his tribunal case and got Sec. 13 declared effectively unconstitutional, until a federal judge upheld the law, but stripped of penalties, that the sky had not fallen. There were no serious adverse consequences. That judge’s decision may well be appealed. The Senate may soon pass the repeal of Sec. 13 and the Supreme Court decision on Whatcott is eagerly awaited. This case challenged the power of human rights commissions to restrict free expression. He urged the judge to delay sentencing until these decisions are in. “Parliament has already determined that this material is not illegal,” he said.

He reflected on the bizarre ruling of the Federal Court of Appeal: “Now you are liable for contempt of an order even before you are informed of the order.”

“Mr. Tremaine’s right to free speech is important. His freedom to speak is your freedom and mine as well.”

In a comment that would draw a sharp rebuke from Richard Warman and a threat to complain to the Law Society of British Columbia, Mr. Christie said: “Mr. Warman has made a career out of shooting cripples,” as a figure of speech. His victims are “people who are marginal.” Some, like Terry Tremaine, end up in mental hospitals. “Mr. Warman now wants costs assessed against a man who cannot even hold a janitor’s job. At the behest of Mr. Warman, he was prosecuted under the Criminal Code.” And all this, said Mr. Christie, “to eliminate a political ideology Mr. Warman does not agree with.”

“Tolerance,” Mr. Christie reminded the court, “is best as a virtue when it is practised rather than preached.”

“Is there an order for Mr. Tremaine not to sell his website to some American who wants it? What my friends really need is to abolish the 1st Amendment. My friends hunt down ideas they do not like. They want to add ‘remove’ if the order’s ‘cease and desist’ doesn’t mean that.”

He pointed out that a recent Supreme Court decision authored by Madam Justice Rosalie Abella held that a link is not libel.” Mr. Tremaine’s signature block on STORMFRONT.org is just a link and should not be ordered removed.

“My friends want the nspc website shut down so that Mr. Tremaine cannot be known. The objective is to eliminate thoughts.”

Mr. Warman, he argued, “didn’t have to be here. He’s a witness, counsel and plaintiff. He’s a voluntary participant. Now he wants costs which will haunt Terry Tremaine for life. He should not be entitled to costs.”

“There’s nothing illegal or immoral if the website is sold to an American. We don’t yet police the world. Unlike Canada, free speech really means something in the U.S.” He cited the case of a recent anti-Moslem video which sparked violence, riots and murder in the Middle East. Yet, no serious politician in the U.S. suggested banning it.

“Is it contempt of court to render yourself non-compliant” by trying to sell the website?” he asked.

“Mr. Warman’s proposal to put Terry Tremaine’s ideas down the memory hole is like most totalitarian states in the world.”

The clumsily worded human rights tribunal order enjoined Mr. Tremaine from “telephonic” communication. He did not engage in “telephonic” communication in the period in question: February – December, 2007, Mr. Christie said. “It is legitimate to communicate what is not specifically prohibited,” he added.

Mr. Christie denounced Mr. Warman’s “draconian, systematic totalitarian treatment of Terry Tremaine. He deprived him of his job, drove him into a mental hospital, refused an apology (which would have ended the human rights complaint in 2006) and kept him in litigation for years. Mr. Warman is a one-man anti-Nazi brigade.”

Urging a delay in handing down a judgement, Mr. Christie said: “Sec. 13 is on its way out. It won’t be around in a year. Terry Tremaine is not a bad man, He may have some bad ideas but he also has some good ideas that may benefit humanity.”

Concluding, Mr. Christie said: “Many people have suffered from these Warman complaints. Terry Tremaine has suffered well and truly enough since 2005. There is no need to make him suffer further.”

Judge Harrington reserved judgement.

Columnist Andrew Coyne Calls for End to “Hate Law”

Columnist Andrew Coyne Calls for End to “Hate Law”

For the third time in a week a major newspaper or columnist has called for the end of Sec. 319 of the Criminal Code, Canada’s notorious “hate law,” Now, that Sec. 13 (Internet censorship) of the Canadian Human Rights Act has been repealed by the House of Commons and is all but certain to pass the Senate, the remaining legal throttle on free speech on the Internet is the “hate law.” Today, the following excellent article by columnist Andrew Coyne appeared front page int he National Post (July 10, 2012) and the Saskatoon StarPhoenix, among other outlets.

Last week, in reaction to publicity CAFE had put out about the Terry Tremaine Sec. 319 case, moving its way at a glacial pace through the courts in Regina, the National Post picked up the story. On July 4, columnist Marni Soupcoff wrote a column entitled “Tremaine’s platform for neo-Nazi views helpfully provided by Canada’s criminal code.” While gratuitously slagging Mr. Tremaine, Soupcoff said: “The real problem lies with section 319(2) of the Criminal Code, which makes “willfully promoting hatred against an identifiable group” by “communicating statements, other than in private conversation” an offense punishable by prison time. The Supreme Court ruled in 1990 in the Keegstra case that the provision is constitutional. But the Tremaine case is reminding us that constitutionality doesn’t make a law sensible or desirable…..
The trouble starts once the government enters the equation, at the invitation of section 319(2), and sets itself up as the arbiter of whether Tremaine’s ideas are simply too offensive and disagreeable to legally abide. Suddenly, then, to counter this hefty power to subjectively vet a citizen’s speech and decide whether it should land him behind bars for a several years, the government forces itself into the position of having to provide Tremaine a far prettier platform than he’d ever have been able to achieve on his own.”

The next day, the National Post weighed in with an editorial questioning Sec. 319: “. However, he will now be treated to a media-publicized trial in a Canadian courtroom, in which he will be able to air his nasty views for the benefit of mainstream journalists.”

We can only hope that calls will continue and grow for Canada to be rid of this minority-inspired piece of censorship that would be more fitting in Red China or despotisms like Burma (or Myanmar, or whatever it’s calling itself this week.)

Paul Fromm

Director

CANADIAN ASSOCIATION FOR FREE EXPRESSION

Continue reading

Terry Tremaine’s “Hate” Case Attracting Media Attention & Criticism of Sec. 319 (“hate law”)

Terry Tremaine’s “Hate” Case Attracting Media Attention & Criticism of Sec. 319 (“hate law”)
CANADIAN ASSOCIATION FOR FREE EXPRESSION
P.O. Box 332,
Rexdale, ON.,
M9W 5L3
416-428-5308
The Editor,
THE NATIONAL POST.
Dear Sir:
Re: “Handing hatred a microphone,” (National Post, July 5, 2012), if this were any other than a highly charged political case, your headline and conclusion (“hatemongers such as Mr.Tremaine”) would have contained the mandatory “alleged” hatred. The Terry Tremaine trial on charges of “willful promotion of hate” hasn’t even started yet. Presumably, that’s what the trial will determine: whether or not Mr. Tremaine’s political opinions expressed on the Internet on several U.S. websites constitute “hate.”
I agree with your condemnation of Sec. 319 of the Criminal Code, Canada’s notorious “hate law.” You ask: “How many Canadians had heard of Mr. Tremaine before the charges against him were laid. … We hadn’t.” Your ignorance is a scandal.
The Canadian Association for Free Expression has sent regular report on Terry Tremaine’s travails over the past six years, including to your paper and many other media outlets in Canada..
Mr. Tremaine has been the victim of a political vendetta by Ottawa civil servant Richard Warman. In 2005, Mr. Warman launched a human rights complain against him under the now repealed Sec. 13 of the Canadian Human Rights Act. Before any tribunal had been convened., Mr. Warman approached Mr. Tremaine’s employer, the University of Saskatchewan with a complaint. Mr. Tremaine lost his job as a lecturer and was unable to afford a lawyer for the human rights Tribunal. Next, Mr. Warman launched a complaint with the Regina Police under Sec. 319 of the Criminal Cod – the case at hand.
For the past four years, Mr. Tremaine’s bail conditions have prevented him from posting his views on any “White supremacist” website. Too bad his name isn’t Wei Wei. This Chinese dissident was jailed and then stripped of his political rights for a year and was not allowed to talk to the Western media during that time. Many Canadian papers came to his defence and protested Red China’s denial of freedom of speech. Rightly so.
However, the always self righteous Canadian media is often silent with abuses closer to home. Mr. Tremaine has been gagged four times as long as Mr. Wei Wei, with no end in sight..
Paul Fromm
Director
CANADIAN ASOCIATION FOR FREE EXPRESSION

Continue reading