Terry Tremaine’s Sentence – A Spitting, Spiteful Nasty Condemnation of a Dissident

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Terry Tremaine’s Sentence – A Spitting, Spiteful Nasty Condemnation of a Dissident

Judge Sean Harrington’s sentencing decision delivered November 7, 2012 is a nasty piece of work.  It opens:  “The time has come, at last, to penalize Mr. Tremaine for acting in contempt of an order of the Canadian Human Rights Tribunal. … It is beyond doubt that Mr. Tremaine continued to post hate messages of the type found by the Tribunal to be in violation of Section 13(1) of the Act.” In a fine example of judicial balance, Judge Harrington calls the university lecturer’s postings “Internet rantings.” Judges often like to avoid a decision, if possible. On the eve of the sentencing hearing, Mr. Tremaine tried to sell his website to an American, thus putting it outside of the jurisdiction of Canada’s thought police and, thus, making the “cease and desist” order of the Tribunal moot. His efforts enraged the judge: “What is most disturbing of all is that Mr. Tremaine testified that he no longer had control of his own website; he had sold it the very morning of the sentencing hearing to Mr. Klatt, as an intermediary for an unnamed American for a nominal price not yet agreed.   However, he had not given Mr. Klatt the password to his website. I immediately enjoined him from so doing. It is obvious that Mr. Tremaine was attempting to put his website out of this Court’s reach.” And why should he not?

 

The Canadian judicial system seems to have an awesome deference for serial complainer Richard Warman, whom Doug Christie roundly lambasted at the sentencing hearing in Vancouver, October 10 saying: “Mr. Warman has made a career 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.” Judge Harrington was not impressed: “Mr. Warman had every right to complain to the Commission with respect to material which appeared to violate Section 13(1) of the Act. It is ludicrous to attempt to portray him as the villain. The villain is Mr. Tremaine.” Being called a villain especially irks Mr. Tremaine who told CAFÉ: “None of my many  Internet posts were made for material gain or social benefit. I was trying to expose the shit storm we find ourselves in.”

 

Judge Harrington as much as admits that Mr. Tremaine is being hounded for alleged contempt of an order under a law already repealed by the House of Commons: “Although the House of Commons did repeal Section 13 of the Canadian Human Rights Act, the matter has yet to go before the Senate. In any event, the Bill did not purport to have retroactive effect.” No matter, on to the punishment anyway. “Mr. Tremaine has clearly intended to flout the law, to demean the Tribunal and this Court, and has not apologized. In fact, he had apologized before the Tribunal hearing had commenced, but later withdrew it as the apology was made in a moment of weakness. I do not expect Mr. Tremaine to apologize. He is a true believer. He is free to flout the order I am about to issue; but he must remember that freedom has its price.” A statement and threat the Red Chinese would appreciate: “He must remember that freedom has its price” – financial burdens and prison! When Terry Tremaine apologized to the Tribunal in 2005, the case should have ended. He’d agreed to remove the posts. It was the vindictive CHRC and Richard Warman who would not end the matter and insisted proceeding to a Tribunal with its guaranteed penalties – the Canadian Human Rights Tribunal then had a 100% conviction rate, making even North Korea’s Kim Jong-Il, or whatever the weirdly quaffed tyrant there was called, green, or would it be, yellow with envy.

 

Continuing with the sentence, Judge Harrington proclaimed: “I shall order that Mr. Tremaine either personally, or through counsel, approach Stormfront.org with the request that his postings thereon, as identified by the Tribunal in its decision, as well as those exhibited to the affidavits of Mr. Warman dated February 12, 2009 and March 19, 2010 be removed, as well as his posting of 22 July 2009 at 11:20 p.m. entitled “Human Rights” Contempt Hearing (July 23, 2009),a vicious untrue diatribe about Madam Justice Snider, among other things, which was identified as exhibit Tremaine 5 at the contempt hearing. Although not part of the show cause order, at the sentencing stage I can certainly order that other offensive material be removed.” This was Mr. Tremaine’s statement of defence in which, inter alia, he noted that the Federal Judge who had rejected his request for judicial review of the Tribunal decision was listed as a major contributor to the Canadian Jewish Congress, surely, giving rise to a reasonable apprehension of bias. She should have recused herself. Judges certainly are very protective of one another.
at last, to penalize Mr. …Tremaine for acting in contempt of an order of the Canadian Human Rights Tribunal. … It is beyond doubt that Mr. Tremaine continued to post hate messages of the type found by the Tribunal to be in violation of Section 13(1) of the Act.” In a fine example of judicial balance, Judge Harrington calls the university lecturer’s postings “Internet rantings.” Judges often like to avoid a decision, if possible. On the eve of the sentencing hearing, Mr. Tremaine tried to sell his website to an American, thus putting it outside of the jurisdiction of Canada’s thought police and, thus, making the “cease and desist” order of the Tribunal moot. His efforts enraged the judge: “What is most disturbing of all is that Mr. Tremaine testified that he no longer had control of his own website; he had sold it the very morning of the sentencing hearing to Mr. Klatt, as an intermediary for an unnamed American for a nominal price not yet agreed.   However, he had not given Mr. Klatt the password to his website. I immediately enjoined him from so doing. It is obvious that Mr. Tremaine was attempting to put his website out of this Court’s reach.” And why should he not?

The Canadian judicial system seems to have an awesome deference for serial complainer Richard Warman, whom Doug Christie roundly lambasted at the sentencing hearing in Vancouver, October 10 saying: “Mr. Warman has made a career 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.” Judge Harrington was not impressed: “Mr. Warman had every right to complain to the Commission with respect to material which appeared to violate Section 13(1) of the Act. It is ludicrous to attempt to portray him as the villain. The villain is Mr. Tremaine.” Being called a villain especially irks Mr. Tremaine who told CAFÉ: “None of my many  Internet posts were made for material gain or social benefit. I was trying to expose the shit storm we find ourselves in.”

Judge Harrington as much as admits that Mr. Tremaine is being hounded for alleged contempt of an order under a law already repealed by the House of Commons: “Although the House of Commons did repeal Section 13 of the Canadian Human Rights Act, the matter has yet to go before the Senate. In any event, the Bill did not purport to have retroactive effect.” No matter, on to the punishment anyway. “Mr. Tremaine has clearly intended to flout the law, to demean the Tribunal and this Court, and has not apologized. In fact, he had apologized before the Tribunal hearing had commenced, but later withdrew it as the apology was made in a moment of weakness. I do not expect Mr. Tremaine to apologize. He is a true believer. He is free to flout the order I am about to issue; but he must remember that freedom has its price.” A statement and threat the Red Chinese would appreciate: “He must remember that freedom has its price” – financial burdens and prison! When Terry Tremaine apologized to the Tribunal in 2005, the case should have ended. He’d agreed to remove the posts. It was the vindictive CHRC and Richard Warman who would not end the matter and insisted proceeding to a Tribunal with its guaranteed penalties – the Canadian Human Rights Tribunal then had a 100% conviction rate, making even North Korea’s Kim Jong-Il, or whatever the weirdly quaffed tyrant there was called, green, or would it be, yellow with envy.

Continuing with the sentence, Judge Harrington proclaimed: “I shall order that Mr. Tremaine either personally, or through counsel, approach Stormfront.org with the request that his postings thereon, as identified by the Tribunal in its decision, as well as those exhibited to the affidavits of Mr. Warman dated February 12, 2009 and March 19, 2010 be removed, as well as his posting of 22 July 2009 at 11:20 p.m. entitled “Human Rights” Contempt Hearing (July 23, 2009), a vicious untrue diatribe about Madam Justice Snider, among other things, which was identified as exhibit Tremaine 5 at the contempt hearing. Although not part of the show cause order, at the sentencing stage I can certainly order that other offensive material be removed.” This was Mr. Tremaine’s statement of defence in which, inter alia, he noted that the Federal Judge who had rejected his request for judicial review of the Tribunal decision was listed as a major contributor to the Canadian Jewish Congress, surely, giving rise to a reasonable apprehension of bias. She should have recused herself. Judges certainly are very protective of one another.

Here the judge goes even further in seeking to erase Mr. Tremaine’s writings than the prosecution demanded. Agreeing with the CHRC and Richard Warman, the Judge was intent on flinging the dissident in jail: “As far as I am concerned, obeyance of this order is not sufficient to purge his contempt. In the event that he obeys this order, he shall nevertheless be imprisoned for 30 days commencing 15 days after service by the Commission of the order upon him.  Should he not obey the order, he shall be imprisoned for a further period of six months, or until he complies with the order, whichever is less.” Remembering that Sec. 13 has been repealed by the House of Commons, it is extraordinarily vindictive and harsh that, while the judge acknowledges that Mr. Tremaine “does not have the wherewithal to pay”, he nonetheless crushes him with costs to benefit the well-off persecutors: “The Commission is entitled to its costs. Mr. Warman, in his capacity as a subpoenaed witness, is entitled to his reasonable disbursements, to the extent they have not been paid by the Commission” – a burden of many thousands of dollars for a man with no resources.See

Here the judge goes even further in seeking to erase Mr. Tremaine’s writings than the prosecution demanded. Agreeing with the CHRC and Richard Warman, the Judge was intent on flinging the dissident in jail: “As far as I am concerned, obeyance of this order is not sufficient to purge his contempt. In the event that he obeys this order, he shall nevertheless be imprisoned for 30 days commencing 15 days after service by the Commission of the order upon him.  Should he not obey the order, he shall be imprisoned for a further period of six months, or until he complies with the order, whichever is less.” Remembering that Sec. 13 has been repealed by the House of Commons, it is extraordinarily vindictive and harsh that, while the judge acknowledges that Mr. Tremaine “does not have the wherewithal to pay”, he nonetheless crushes him with costs to benefit the well-off persecutors: “The Commission is entitled to its costs. Mr. Warman, in his capacity as a subpoenaed witness, is entitled to his reasonable disbursements, to the extent they have not been paid by the Commission” – a burden of many thousands of dollars for a man with no resources.