TORONTO. MONDAY, June 14, 2021. The long awaited decision on the appeal by Dr. James Sears, editor, and Leroy St. Germaine, publisher of the satirical tabloid YOUR WARD NEWS was handed down over Zoom this morning. Judge Peter Cavanagh of the Ontario Superior Court of Justice turned down all defence arguments and upheld the convictions of the two writers on two counts of wilfully spreading hatred against Jews and women, in violation of Canada’s notorious “hate law”, Sec. 319 of the Criminal Code.

Both the convictions and the ruthless sentences, the maximum, a year in prison were upheld. Dr. Sears, in a weighty submission argued that his case had been sabotaged by inadequate representation. His lawyer refused to call expert witnesses. Dr. Sears also argued that the trial Judge Joseph Blouin failed to give adequate reasons for his judgement.

Despite Dr. Sears’ plea to be allowed time to file an already prepared Application for Leave to Appeal to the Ontario Court of Appeal, both the Crown and the Judge couldn’t wait to consign Dr. Sewars to prison. He was taken into custody that afternoon. He has since been held in the Toronto South Detention Centre at 160 Horner Ave. in Etobicoke.
Leroy S. Germaine, in  consideration of his Metis heritage, was given house arrest. That sentence has been nearly entirely served.

Dr. Sears is scheduled for another video conference, June 21, to seek bail pending appeal.
Amnesty International considers a person persecuted or imprisoned for the non-violent expression of their or religious views to be a political prisoner. Despite Canada’s preachy foreign policy about human rights violations in select countries, it is itself a nation that keeps political prisoners.

Paul Fromm, Director of the Canadian Association for Free Expression, which has fiercely supported Dr. Sears and Leroy St. Germaine, called the verdict “a travesty. Canada is sinking deeper and deeper into a totalitarian police state, where laws shelter minorities from criticism. I had a bad feeling about this day,” he added. “June 14 is the day, in 1940, when  the Soviet communists who had invaded the Baltic States, Latvia, Lithuania and Estonia, began mass deportations of leaders and intellectuals to Siberia. The choice of this day for Judge Cavanagh seemed almost kabbalistic.
Needless to say, the minority censorship groups that had lobbied hard to shut down the persky satirical tabloid gloated. Global News (June 14, 2021) reported: “

Jewish groups welcomed Cavanagh’s decision. Noah Shack, a vice president with the Centre for Israel and Jewish Affairs, said Sears had been able to promote antisemitic conspiracy theories, misogyny, homophobia, and racism in their ‘most grotesque forms’ for too long.”

“Shack’s comments show that it is really ideas and political opinions that the censorship lobby want squelched,” Paul Fromm responded.

Decision in YOUR WARD NEWS “Hate” Appeal Due June 14, 2021

Decision in YOUR WARD NEWS “Hate” Appeal Due June 14, 2021

REMINDER: Your Ward News appeal decision 9:30 AM on June 14th . This is the appeal against the 2019 conviction of Dr. James Sears, editor, and Leroy St. Germaine, publisher of YOUR WARD NEWS, for wilfully “promoting hate” against two privileged groups — Jews and women.

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.