Federal Court of Appeals Rules Sec. 13 (Internet Censorship) is Constitutional & Penalties Are Back
The Federal Court of Appeals has confirmed again that the highest courts of this land are dominated by Cultural Marxists. Free speech took another battering. The issue was whether Sec. 13 (Internet censorship) of the Canadian Human Rights Act is constitutional. After years of protest. Parliament repealed this odious piece of censorship in June, 2013.
Marc Lemire and his Freedomsite had been the victims of a Sec. 13 complaint filed by serial complainant Richard Warman. The case was fought for six years, resulting in the only victory under Sec. 13 (truth is no defence, intent is no defence ( in September, 2009, when member Athanasios Hadjis essentially found Sec. 13 unconstitutional as it imposed financial penalties and when the Supreme Court upheld a milder version of the law in Taylor, in 1990, they did so, in part, because it was remedial. The Canadian Human Rights Commission sought judicial review (in Federal Court). The hearing was in December, 2011. The Federal Court ruled the law constitutional but agreed that the penalties were out. Marc Lemire then appealed to the Federal Court, which heard the case on November 14.
The three judges ruled Sec. 13 is constitutional and the financial penalties are back in.
In his judgement, Mr. Justice Evans, closely followed the Supreme Court in its decision in Whatcott, the case of the Saskatchewan Human Rights Commission fining William Whatcott for distributing leaflets critical of homosexuals some 13 years ago. The Whatcott decision was a viciously anti-Christian ruling that was classic Cultural Communism. The Frankfurt School of communists, which is the evil genius behind political correctness (radical feminism, the homosexual agenda, the mis-named “civil rights movement”) is based on a radical view of “equality.” All people are equal, say the true believers. Of course, when that’s not the way things
work out, then laws must be used to impose equality. It is from this view, for instance, that Canada’s nutty Supreme Court decided that the traditional definition of marriage is out: if a man can marry a woman, then a man should be able to marry a man.
Let’s look at some of this decision’s reasoning, as ideology trumps freedom of speech and even logic.
In Mr. Lemire’s submissions and in Mr. Hadjis’s decision, the conduct of the Commission was very much in question. Contrary to the approach endorsed by the Supreme Court in Taylor, the Commission and Mr. Warman refused repeated requests for mediation.
“In particular, the Tribunal noted, unlike complaints of other kinds of discriminatory
practices, the Commission had rarely attempted to mediate section 13 complaints. Instead, it
referred the vast majority of them to the Tribunal for adjudication, and regularly sought
compensatory awards and penalties. Moreover, the Commission often continued to process
complaints after impugned material had been removed from the website on which it was posted.
Indeed, in the present case, Mr Lemire had removed most of the material before he was notified of
Mr Warman’s complaints, and promptly removed “AIDS Secrets” from Freedomsite after learning
that it was the subject of a complaint to the Commission. Further, the Tribunal found, the
Commission had not attempted to resolve the complaint by conciliation.”
But, none of that mattered to the Federal Appeals Court. Perhaps, the overworked thought police at the Canadian Human Rights Commission just didn’t have time for mediation or to notice that Mr. Lemire had swiftly removed all the impugned posts. If mediation were the approach of the Human Rights Commission, as the SCC found in Taylor, surely this should have mattered, but no!
” After finding that the Tribunal had no authority to examine the conduct of the Commission for the purpose of determining Mr Lemire’s constitutional challenge to section 13, the Judge considered whether the Court could examine the manner in which the Commission administered section 13 when determining whether it is a reasonable limit on section 2(b) rights and thus saved by section 1. He held that the way in which Commission exercised its statutory administrative powers was not relevant to the validity of section 13.
Nor do I accept that the effects of the Commission’s conduct have displaced the valid
objectives of section 13, namely the prevention of discrimination against vulnerable groups on prohibited grounds. Conciliation is not the only constitutionally permissible manner in which the Commission may approach the enforcement of the CHRA in general and of section 13 in particular.
Because of the nature and relatively small number of section 13 complaints, as well as the
extreme kinds of speech proscribed, I agree with the Judge (at paras. 63-64) that the Commission cannot reasonably be criticized for being reluctant, in this and other section 13 complaints, to devote scarce resources to mediation and conciliation, or to accept offers to take down offending material
voluntarily. “
Too bad for Lemire if his rights to due process were trampled on.
The Federal Court of Appeals leaned heavily on Mr. Justice Rothstein’s decision in Whatcott. The wording reflects the Frankfurt School’s conspiracy theory of reality: there are dominant majorities — White and usually Christian and male — oppressing “vulnerable” minorities, who must be given special protection by “human” (actually, special) rights legislation.
Here’s the argument:
“Writing for the Court in Whatcott, Justice Rothstein summarized (at para. 59) the
principal elements of hate speech provisions in human rights legislation that provide the degree of objectivity required by the Charter.
… [W]here the term ‘hatred’ is used in the context of a prohibition of expression in
human rights legislation, it should be applied objectively to determine whether a
reasonable person, aware of the context and circumstances, would view the
expression as likely to expose a person or group to detestation and vilification on the
basis of a prohibited ground of discrimination.
In other words, “[t]ribunals must focus on the likely effects of impugned expression in
order to achieve the preventive goals of anti-discrimination statutes” (at para. 54). … Addressing the objectives of hate speech provisions in human rights legislation, Justice Rothstein said (at para. 71):
When people are vilified as blameworthy or undeserving, it is easier to justify
discriminatory treatment. The objective of … [hate speech provisions] may be understood as reducing the harmful effects and social costs of discrimination by tackling certain causes of discriminatory activity.
[Justice Rothstein noted (at para. 75) that a “particularly insidious aspect of hate speech” is that it effectively blocks the target group from responding. It does this not only by attempting to marginalize the group so that their reply will be ignored: it also forces the group to argue for their basic humanity or social standing, as a precondition to participating in the deliberative aspects of democracy.
Finally, Justice Rothstein observed (at para. 120) that because of its narrow definition, hate speech constitutes ‘an extreme and marginal type of expression’. It ‘contributes little to the values underlying freedom of expression and … its restriction is therefore easier to justify’ under section 1. “
So, “hate speech”, because the Court doesn’t like its message, is not a legitimate form of “freedom of expression.” And, of course, as even a high school student can see, then there really isn’t FREEDOM of expression. Note the utterly unproven conspiracy theory that a [posting on Marc Lemire’s website critical of homosexuals intimidated or silenced homosexuals. In fact, it was busybody Richard Warman, not homosexuals, who complained against Marc Lemire. During the years this case has inched through a tribunal and on to the Federal Court, homosexuals have gained the right of same sex marriage, many Canadian cities are flying rainbow flags in support of supposedly aggrieved homosexuals in Russia, several provinces have imposed militantly pro-homosexual curricula even on little grade school children and Canada’s present “Conservative” government is among the most “gay” friendly ever. There is NO objective evidence that Kevin Strom’s article on The Freedomsite, long since removed, ever intimidated or silenced anybody.
The person who faces silencing is Mr. Lemire!
The Court has no trouble with the fact that neither intent nor truth is a defence:
“Hate speech constitutes an extreme form of expression of limited scope that fosters a
climate in which unlawful discrimination may be regarded as acceptable and flourish. It does this by demeaning, vilifying, and marginalizing groups of individuals who share characteristics that constitute a prohibited ground of discrimination under the CHRA. Since hate speech contributes little to the values underlying free speech, its proscription is fairly easily justifiable under section 1. Hate speech constitutes an extreme form of expression of limited scope that fosters a climate in which unlawful discrimination may be regarded as acceptable and flourish. It does this by demeaning, vilifying, and marginalizing groups of individuals who share characteristics that constitute a prohibited ground of discrimination under the CHRA. Since hate speech contributes little to the values underlying free speech, its proscription is fairly easily justifiable under section 1. “
As to penalties, only the African Canadian Legal Clinic, represented by two lawyers who were, well, decidedly un-African or Black, wanted the penalties restored. The Federal Court of Appeals ruled: “I agree with the Judge that it is not constitutionally permissible for human rights legislation, to include a sanction designed to impose a punishment that expresses society’s moral opprobrium of the conduct of the wilful communicator of hate speech. ”
It doesn’t matter: Impose a punishment anyway and call it something else:
” The Supreme Court recognized for the first time in Whatcott that the imposition of a
financial sanction was a constitutionally permissible remedy for breach of a hate speech provision in human rights legislation. Thus, Justice Rothstein said (at para. 149): As in tort law, an award of damages made pursuant to the Code is characterized as compensatory, not punitive, and is directed at compensating the victim. However, the circumstances in which a compensation award will be merited should be rare and will often involve repeat litigants who refuse to participate in a conciliatory approach. ” So a financial award is not “punitive”?
The plain meaning of English is being bent like a pretzel.” Since subsection 53(3) does not in terms require proof of loss by the victim, it is not compensatory in precisely the same way as paragraph 31.4(b) of the Saskatchewan Code which applies when the hate speech caused the injured person to suffer with respect to feeling, dignity or self-respect. Nonetheless, when applied to breaches of section 13, subsection 53(3) can be regarded as compensating victims specifically identified in hate speech for the damage presumptively caused to their “sense of human dignity and belonging to the community at large” which Whatcott
recognized (at para. 81) that hate speech causes. In my view, when the penalty provisions are considered in the context of the objectives of the CHRA and its remedial scheme, they are not properly characterized as penal in nature.”
To compensate identified people “for the damage presumptively caused to their ‘sense of dignity’”? Note the weasel word “presumptively”. Thus, no real damage or injury has to be proven at all.
So, where does this decision leave freedom of speech? On one level, the ruling of the Federal Court of Appeals will effect only Mr. Lemire who now faces a sentencing hearing, should he not appeal. As Sec. 13 has been repealed, the Federal Court of Appeals decision is largely moot. However, and this is a big however, as Sec. 13 has been ruled constitutional, another government, say Liberal of NDP, could reintroduce it. And there lies the danger.
CAFÉ has been an intervener and has supported Marc Lemire throughout his 11-year ordeal. CAFÉ’s submissions were studiously ignored by the federal Court of Appeal. For good reason. CAFÉ reminded the Court of the testimony before the Tribunal of Professor Michael Persinger. The eminent neuropsychologist sank the leaky scientific ship on which all this Frankfurt School “vulnerable minority” theory is based. His expert testimony testified that people subjective to “aversive speech” (not the emotional “hate speech” label, but views contrary to or critical of their own group) do not fall apart in fear, withdrawal or alienation: they either reject the criticism as crazy or laughable, or fight back and argue – both healthy reactions. The Court ignored the submissions that their ideology that forms the justification for the erasing of free speech through Canada’s various “anti-hate” laws is as utterly without scientific basis as the views of the flat earth society.
Paul Fromm
Director
CANADIAN ASSOCIATION FOR FREE EXPRESSION
![Photo: Federal Court of Appeals Rules Sec. 13 (Internet Censorship) is Constitutional & Penalties Are Back
The Federal Court of Appeals has confirmed again that the highest courts of this land are dominated by Cultural Marxists. Free speech took another battering. The issue was whether Sec. 13 (Internet censorship) of the Canadian Human Rights Act is constitutional. After years of protest. Parliament repealed this odious piece of censorship in June, 2013.
Marc Lemire and his Freedomsite had been the victims of a Sec. 13 complaint filed by serial complainant Richard Warman. The case was fought for six years, resulting in the only victory under Sec. 13 (truth is no defence, intent is no defence ( in September, 2009, when member Athanasios Hadjis essentially found Sec. 13 unconstitutional as it imposed financial penalties and when the Supreme Court upheld a milder version of the law in Taylor, in 1990, they did so, in part, because it was remedial. The Canadian Human Rights Commission sought judicial review (in Federal Court). The hearing was in December, 2011. The Federal Court ruled the law constitutional but agreed that the penalties were out. Marc Lemire then appealed to the Federal Court, which heard the case on November 14.
The three judges ruled Sec. 13 is constitutional and the financial penalties are back in.
In his judgement, Mr. Justice Evans, closely followed the Supreme Court in its decision in Whatcott, the case of the Saskatchewan Human Rights Commission fining William Whatcott for distributing leaflets critical of homosexuals some 13 years ago. The Whatcott decision was a viciously anti-Christian ruling that was classic Cultural Communism. The Frankfurt School of communists, which is the evil genius behind political correctness (radical feminism, the homosexual agenda, the mis-named "civil rights movement") is based on a radical view of "equality." All people are equal, say the true believers. Of course, when that's not the way things
work out, then laws must be used to impose equality. It is from this view, for instance, that Canada's nutty Supreme Court decided that the traditional definition of marriage is out: if a man can marry a woman, then a man should be able to marry a man.
Let's look at some of this decision's reasoning, as ideology trumps freedom of speech and even logic.
In Mr. Lemire's submissions and in Mr. Hadjis's decision, the conduct of the Commission was very much in question. Contrary to the approach endorsed by the Supreme Court in Taylor, the Commission and Mr. Warman refused repeated requests for mediation.
“In particular, the Tribunal noted, unlike complaints of other kinds of discriminatory
practices, the Commission had rarely attempted to mediate section 13 complaints. Instead, it
referred the vast majority of them to the Tribunal for adjudication, and regularly sought
compensatory awards and penalties. Moreover, the Commission often continued to process
complaints after impugned material had been removed from the website on which it was posted.
Indeed, in the present case, Mr Lemire had removed most of the material before he was notified of
Mr Warman’s complaints, and promptly removed “AIDS Secrets” from Freedomsite after learning
that it was the subject of a complaint to the Commission. Further, the Tribunal found, the
Commission had not attempted to resolve the complaint by conciliation."
But, none of that mattered to the Federal Appeals Court. Perhaps, the overworked thought police at the Canadian Human Rights Commission just didn't have time for mediation or to notice that Mr. Lemire had swiftly removed all the impugned posts. If mediation were the approach of the Human Rights Commission, as the SCC found in Taylor, surely this should have mattered, but no!
" After finding that the Tribunal had no authority to examine the conduct of the Commission for the purpose of determining Mr Lemire’s constitutional challenge to section 13, the Judge considered whether the Court could examine the manner in which the Commission administered section 13 when determining whether it is a reasonable limit on section 2(b) rights and thus saved by section 1. He held that the way in which Commission exercised its statutory administrative powers was not relevant to the validity of section 13.
Nor do I accept that the effects of the Commission’s conduct have displaced the valid
objectives of section 13, namely the prevention of discrimination against vulnerable groups on prohibited grounds. Conciliation is not the only constitutionally permissible manner in which the Commission may approach the enforcement of the CHRA in general and of section 13 in particular.
Because of the nature and relatively small number of section 13 complaints, as well as the
extreme kinds of speech proscribed, I agree with the Judge (at paras. 63-64) that the Commission cannot reasonably be criticized for being reluctant, in this and other section 13 complaints, to devote scarce resources to mediation and conciliation, or to accept offers to take down offending material
voluntarily. "
Too bad for Lemire if his rights to due process were trampled on.
The Federal Court of Appeals leaned heavily on Mr. Justice Rothstein's decision in Whatcott. The wording reflects the Frankfurt School's conspiracy theory of reality: there are dominant majorities -- White and usually Christian and male -- oppressing "vulnerable" minorities, who must be given special protection by "human" (actually, special) rights legislation.
Here's the argument:
"Writing for the Court in Whatcott, Justice Rothstein summarized (at para. 59) the
principal elements of hate speech provisions in human rights legislation that provide the degree of objectivity required by the Charter.
… [W]here the term ‘hatred’ is used in the context of a prohibition of expression in
human rights legislation, it should be applied objectively to determine whether a
reasonable person, aware of the context and circumstances, would view the
expression as likely to expose a person or group to detestation and vilification on the
basis of a prohibited ground of discrimination.
In other words, “[t]ribunals must focus on the likely effects of impugned expression in
order to achieve the preventive goals of anti-discrimination statutes” (at para. 54). ... Addressing the objectives of hate speech provisions in human rights legislation, Justice Rothstein said (at para. 71):
When people are vilified as blameworthy or undeserving, it is easier to justify
discriminatory treatment. The objective of … [hate speech provisions] may be understood as reducing the harmful effects and social costs of discrimination by tackling certain causes of discriminatory activity.
[Justice Rothstein noted (at para. 75) that a “particularly insidious aspect of hate speech” is that it effectively blocks the target group from responding. It does this not only by attempting to marginalize the group so that their reply will be ignored: it also forces the group to argue for their basic humanity or social standing, as a precondition to participating in the deliberative aspects of democracy.
Finally, Justice Rothstein observed (at para. 120) that because of its narrow definition, hate speech constitutes ‘an extreme and marginal type of expression’. It ‘contributes little to the values underlying freedom of expression and … its restriction is therefore easier to justify’ under section 1. "
So, “hate speech”, because the Court doesn’t like its message, is not a legitimate form of “freedom of expression.” And, of course, as even a high school student can see, then there really isn’t FREEDOM of expression. Note the utterly unproven conspiracy theory that a [posting on Marc Lemire's website critical of homosexuals intimidated or silenced homosexuals. In fact, it was busybody Richard Warman, not homosexuals, who complained against Marc Lemire. During the years this case has inched through a tribunal and on to the Federal Court, homosexuals have gained the right of same sex marriage, many Canadian cities are flying rainbow flags in support of supposedly aggrieved homosexuals in Russia, several provinces have imposed militantly pro-homosexual curricula even on little grade school children and Canada's present "Conservative" government is among the most "gay" friendly ever. There is NO objective evidence that Kevin Strom's article on The Freedomsite, long since removed, ever intimidated or silenced anybody.
The person who faces silencing is Mr. Lemire!
The Court has no trouble with the fact that neither intent nor truth is a defence:
"Hate speech constitutes an extreme form of expression of limited scope that fosters a
climate in which unlawful discrimination may be regarded as acceptable and flourish. It does this by demeaning, vilifying, and marginalizing groups of individuals who share characteristics that constitute a prohibited ground of discrimination under the CHRA. Since hate speech contributes little to the values underlying free speech, its proscription is fairly easily justifiable under section 1. Hate speech constitutes an extreme form of expression of limited scope that fosters a climate in which unlawful discrimination may be regarded as acceptable and flourish. It does this by demeaning, vilifying, and marginalizing groups of individuals who share characteristics that constitute a prohibited ground of discrimination under the CHRA. Since hate speech contributes little to the values underlying free speech, its proscription is fairly easily justifiable under section 1. "
As to penalties, only the African Canadian Legal Clinic, represented by two lawyers who were, well, decidedly un-African or Black, wanted the penalties restored. The Federal Court of Appeals ruled: "I agree with the Judge that it is not constitutionally permissible for human rights legislation, to include a sanction designed to impose a punishment that expresses society’s moral opprobrium of the conduct of the wilful communicator of hate speech. "
It doesn't matter: Impose a punishment anyway and call it something else:
" The Supreme Court recognized for the first time in Whatcott that the imposition of a
financial sanction was a constitutionally permissible remedy for breach of a hate speech provision in human rights legislation. Thus, Justice Rothstein said (at para. 149): As in tort law, an award of damages made pursuant to the Code is characterized as compensatory, not punitive, and is directed at compensating the victim. However, the circumstances in which a compensation award will be merited should be rare and will often involve repeat litigants who refuse to participate in a conciliatory approach. " So a financial award is not "punitive"?
The plain meaning of English is being bent like a pretzel.” Since subsection 53(3) does not in terms require proof of loss by the victim, it is not compensatory in precisely the same way as paragraph 31.4(b) of the Saskatchewan Code which applies when the hate speech caused the injured person to suffer with respect to feeling, dignity or self-respect. Nonetheless, when applied to breaches of section 13, subsection 53(3) can be regarded as compensating victims specifically identified in hate speech for the damage presumptively caused to their “sense of human dignity and belonging to the community at large” which Whatcott
recognized (at para. 81) that hate speech causes. In my view, when the penalty provisions are considered in the context of the objectives of the CHRA and its remedial scheme, they are not properly characterized as penal in nature."
To compensate identified people “for the damage presumptively caused to their ‘sense of dignity’”? Note the weasel word “presumptively”. Thus, no real damage or injury has to be proven at all.
So, where does this decision leave freedom of speech? On one level, the ruling of the Federal Court of Appeals will effect only Mr. Lemire who now faces a sentencing hearing, should he not appeal. As Sec. 13 has been repealed, the Federal Court of Appeals decision is largely moot. However, and this is a big however, as Sec. 13 has been ruled constitutional, another government, say Liberal of NDP, could reintroduce it. And there lies the danger.
CAFÉ has been an intervener and has supported Marc Lemire throughout his 11-year ordeal. CAFÉ’s submissions were studiously ignored by the federal Court of Appeal. For good reason. CAFÉ reminded the Court of the testimony before the Tribunal of Professor Michael Persinger. The eminent neuropsychologist sank the leaky scientific ship on which all this Frankfurt School “vulnerable minority” theory is based. His expert testimony testified that people subjective to “aversive speech” (not the emotional “hate speech” label, but views contrary to or critical of their own group) do not fall apart in fear, withdrawal or alienation: they either reject the criticism as crazy or laughable, or fight back and argue – both healthy reactions. The Court ignored the submissions that their ideology that forms the justification for the erasing of free speech through Canada’s various “anti-hate” laws is as utterly without scientific basis as the views of the flat earth society.
Paul Fromm
Director
CANADIAN ASSOCIATION FOR FREE EXPRESSION
Censorship Victim Marc Lemire Comments
The court is an insane asylum! Stay as far away from it as you can, if you want any “justice”!
The three Appeals court fossils upheld Section 13, and REINSTATED the penalty provisions, although all the main parties agreed it was unconstitutional! The only party who wanted it was the “African-Canadian” legal clinic, whose two religio-ethnic lawyers were distinctly non-“African Canadian”.
Those judges were rubbing their hands together when the “African-Canadian” legal clinic made submissions about how the penalty provision is not actually a penalty. And the Judges were their argument, almost verbatim, in this decision.
I guess this means… back to the Tribunal for me. For my penalty/non-“penalty” phase, where they slap me with a lifetime speech ban and possibly thousands in penalties/non-”penalties”.
Disgusting!
-Marc](https://fbcdn-sphotos-c-a.akamaihd.net/hphotos-ak-frc1/t1/3555_272658052900442_1492484923_n.jpg)
Censorship Victim Marc Lemire Comments
The court is an insane asylum! Stay as far away from it as you can, if you want any “justice”!
The three Appeals court fossils upheld Section 13, and REINSTATED the penalty provisions, although all the main parties agreed it was unconstitutional! The only party who wanted it was the “African-Canadian” legal clinic, whose two religio-ethnic lawyers were distinctly non-“African Canadian”.
Those judges were rubbing their hands together when the “African-Canadian” legal clinic made submissions about how the penalty provision is not actually a penalty. And the Judges were their argument, almost verbatim, in this decision.
I guess this means… back to the Tribunal for me. For my penalty/non-“penalty” phase, where they slap me with a lifetime speech ban and possibly thousands in penalties/non-”penalties”.
Disgusting!
-Marc

![Photo: We Won! Section 13 of the Canadian Human Rights Act is Repealed!
Dear Free Speech Supporter:
Late this afternoon, an ugly piece of tyranny bit the dust. Section 13 (Internet censorship) of the Canadian Human Rights Act was repealed. Bill C-304, introduced by the courageous Brian Storseth of Alberta, won approval of the House of Commons in June, 2012. It received Third and final Reading in the Senate today and, then, Royal Assent.
Thanks to all the MPs, Senators and, most of all, the many free speech letter writers across this country. It has been a long fight. Marc Lemire deserves special credit for his ferocious fight which, on September 2, 2009, resulted in a Canadian Human Rights Tribunal ruling Sec. 13, essentially, unconstitutional.
However, we cannot rest on our laurels.
We usually don't quote or acknowledge the anonymous smear artists at Anti-Racist Canada. After all, who goes around trying to answer graffiti on a washroom wall? ["Call Susie for a good time -- 403 -777-7777" "No, Susie is no fun."]
However, in their sour report on the partial defeat of censorship, ARC, which, we know, has sinister connections in Ottawa observes:
"And it is of note that while it is the current government who passed the legislation, there's nothing that says a future government might not reinstate Section 13 given that it had been deemed constitutional both in 1990 and more recently in the Whatcott case.
Time will tell and we are very patient. In the meantime, we'll see how things play out."
The Federal Court overturned most of the decision in the Lemire case and upheld the constitutionality -- minus the financial penalties -- of Sec. 13. This ruling is now being appealed to the Federal Court and CAFE is in the thick of the fray as an intervener. Note the threat that a future government -- NDP, Liberal? -- might reintroduce Sec. 13. Don't kid yourself, having read some of the Senate speeches on the repeal of Sec. 13, I can assure you censorship and thought control still have some powerful pals in Ottawa.
Paul Fromm
Director
CANADIAN ASSOCIATION FOR FREE EXPRESSION
To: mailto:h*******
Subject: Re: Please vote for C-304
Dear Sir,
I did.
The Bill passed today in the Senate and was given Royal Assent.
Thanks for your concern for free speech.
Yours,
Dennis Patterson
Senator for Nunavut](https://fbcdn-sphotos-b-a.akamaihd.net/hphotos-ak-frc3/p480x480/1044672_195410007291914_27854851_n.jpg)
![Photo: Arthur Topham Explains the Origins of Sec. 13 (Now Internet Censorship) of the Canadian Human Rights Act
Political dissident and free speech warrior Arthur Topham, relying on research done by lawyer Barbara Kulazska and Marc Lemire provides a tidy summary of the repressive Sec. 13 of the Canadian Human Rights Act, which Marc Lemire is fighting to have ruled unconstitutional before the Federal Court of Appeal. CAFE has backed Mr. Lemire's decade-long battle against a complaint by Richard Warman and is intervening on his behalf in the Federal Court fo Appeal.
Paul Fromm
Director
CANADIAN ASSOCIATION FOR FREE EXPRESSION
Here in Canada, in the mid-1970s, the Jewish lobby began in earnest their surreptitious efforts to silence Canadians by working through Ontario’s then Deputy Attorney General, F.W. Callaghan. Callaghan, obviously pressured by Jewish groups who wanted to silence one of their critics, John Ross Taylor, began lobbying the Federal Department of Justice demanding the inclusion of speech-restricting legislation that removed the need for “willfulness” or fair comment based on public interest. ( See the following site for the full history of Section 13: http://www.stopsection13.com/history_of_sec13.html )
According to Marc Lemire’s history of Section 13, “In 1976, the Federal Government was looking at a larger Act for employment issues and the provision of federally regulated services.” This Act eventually would end up with the innocuous sounding name: the Canadian Human Rights Act. Although no other section of the Human Rights Act covered speech, it was not a problem for the Federal government to capitulate [to the Jewish lobby. Ed.] and slip in an extra section to satisfy Ontario’s Attorney General’s lust to silence John Ross Taylor and his home-based answering machine.”
In 1977 Bill C-25 or the “Canadian Human Rights Act” was passed by the House of Commons on July 14th. Contained within it under the sub-title of “Hate messages” was Section 13 which read:
13. (1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
As Lemire goes on to state:
“Only a few years after the law was enacted, Mr. Callaghan finally got his wish and John Ross Taylor became its first victim, with the Canadian Human Rights Commission itself and several professional Jewish groups [Canadian Holocaust Remembrance Association and the Toronto Zionist Council. Ed.] as the complainants.
Since the law was first enacted, two major changes were made to Section 13. These changes fundamentally shifted the original intent of the legislation, and turned Section 13 into an instrument to financially and morally punish those with politically incorrect views.
The first change to the legislation occurred on May 15, 1998, when Royal Accent was given to Bill S-5 (1998), which added a new penalty provision to the Canadian Human Rights Act. Bill S-5 added Section 54 to the Canadian Human Rights Act, and allows the Human Rights Tribunal to impose a financial penalty of up to $10,000. On top of the fines, Section 54 also gave the fanatical Tribunal the ability to impose penalties of up to $20,000 as so-called ‘special compensation.’
According to the background section of Bill S-5, these penalties were added “as a response to the rising incidence of hate crimes around the world. The government believes that stronger measures are needed to deter individuals and organizations from establishing hate lines. It hopes to accomplish this by allowing victims of such lines to apply for compensation and subjecting offenders to financial penalty.”
The second change occurred in the aftermath of the terrorist attacks of September 11th 2001. Sadly, this legislation equated non-violent politically incorrect words – which are covered by Section 13 – with terrorism and concerns of national security. Under the guise of Bill C-36 – Canada’s Anti-Terrorism Act, Section 13 was expanded to cover “a group of interconnected or related computers, including the Internet.” This change, gave the power to Canadian Human Rights Commission to censor the internet and harass Canadians with views that the Rights Fanatics disagree with. [Emphasis added. Ed.]
This change was made according to Preamble of Bill C-36 to allegedly ‘combat terrorism.’”](https://fbcdn-sphotos-d-a.akamaihd.net/hphotos-ak-prn1/p480x480/603750_180615912104657_1059707859_n.jpg)
