





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 Parliament repealed this odious piece of censorship in June, 2013.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
TORONTO, November 14, 2013. The now repealed Sec. 13 of the Canadian Human Rights Act should be found to be unconstitutional, as well, Marc Lemire, victim of a 10-year long battle with Richard Warman, argued this morning. Supported by interveners, the Canadian Association for Free Expression and the Canadian Civil Liberties Association, Barbara Kulaszka, Mr. Lemire’s erstwhile lawyer insisted: The Canadian Human Rights Act “was a statute designed to help little people against big government or corporations, but the Act’s Sec. 13 has hit little people having a beer and posting on the Internet.” Three Federal Court of Appeals judges reserved and retired to mull over their opinion
“The fact Parliament has repealed Sec. 13 should be taken into account,” Miss Kulaszka argued. Before penalties, now ruled unconstitutional were added in 1998, and, until Parliament, in 2001, legislated that Sec. 13 applied to the Internet, this section was largely unused. Interestingly, she added, “it has been used primarily by one man (Richard Warman), a White male, not the minorities” it was said to protect.”
In almost every case, “Richard Warman and the Canadian Human Rights Commission had joint submissions and always wanted penalties” assessed against the victims. In Mr. Lemire’s case, they originally sought a $7,500 penalty.”
Sec. 13, she argued, “is an anomaly within the Canadian Human Rights Act.” Most complaints under other sections of the Act result in settlements. “Until the Lemire case, there was a 100 per cent conviction under Sec. 13.” The Act, she added, “was designed to help little people against government or Crown corporations. However, Sec. 13 hits little people having a beer and posting their ideas on the Internet.”
Mr. Warman, she reminded the three judges hearing the appeal, never contacted Mr. Lemire about the Freedomsite message board that he complained about. By the time Mr. Lemire was served with the complaint, the message board had already been taken down. “The message board was taken down in early 2004. The complaint came in March 2004,” but proceeded nonetheless.
Mr. Lemire took down all six specific articles in the Warman complaint. “I wrote to the Commission and said all the impugned articles had been removed, but I received no reply,” Miss Kulaszka recalled. “Instead they started hunting for more material.”
The Internet, she explained, “is very different from a telephone answering machine.” Telephone messages were the original target of Sec. 13. “Accusations of ‘hate’ carry incredible stigma. It is not the equivalent in the public eye of the accusation your business failed to provide a ramp for the handicapped,” she added.
“The Internet is loved by the people but feared by the courts. Maybe, it’s generational. The Internet is empowering and people can talk back. Perhaps, Karen Mock testifying for the League for Human Rights of B’nai Brith in this matter put it best when she said education was the best way to fight ‘hate.'”
Sec. 13 should be ruled unconstitutional so that “ordinary people can self publish on the Internet, argue back and forth, and not have to have a lawyer present,” she concluded.
Barclay Johnson, a Victoria lawyer, representing the Canadian Association for Free Expression, reminded the appeals judges that, in their ruling on Keegstra and Taylor (which upheld the old version of Sec. 13), “the Supreme Court of Canada did not have the benefit of expert scientific evidence” that was led in the Lemire case “which discredited the scientific justification for ‘hate laws’; namely, the supposed dire effects on minorities of so-called “hate propaganda.”

CAFE’s lawyer Barclay Johnson of Victoria
The Court relied on Frederick Kaufman’s “basically Freudian analysis. His report had formed part of the Cohen Report on Hate Propaganda.” In this case, the defence led the expert evidence of Dr. Michael Persinger who exposed “the inaccurate methodology of Kaufmann. Persinger said:’I don’t use terms like ‘hate’. I use the tem ‘aversive stimuli. ‘Hate’ is a subjective term or label. The term ‘hate’ is arbitrary and highly subjective. Persinger’s evidence was not available to the Supreme Court in reaching their recent decision in Whatcott. The psychological field has changed,” Mr. Johnson added. The Court had relied on what we now know to be junk science.
Mr. Lemire’s Freedomsite “was not a public communication. Someone had to go looking for it. Mr. Warman wasn’t just walking down the street and saw the Freedomsite. In Crooks and Newton, the Supreme Court found that people using a hyperlink are involved in a private conversation. Hyperlinks are like a reference to material. They indicate that something exists,” he explained, “but you have to make the choice to go and call it up. Mr. Warman went looking for evidence of ‘hate’. That method of getting information is private. In this case, Mr. Warman was going to websites in order to be offended,” he added. “Mr. Warman did not go to a Canadian website but to one {the Freedomsite] hosted in the U.S.”
Concluding, Mr. Johnson said, “for Mr. Lemire to be responsible for everything uploaded to a website outside the country is unfair.”
Predicting the outcome of the appeal is perilous but the three presiding justices seemed to perk up when the two very pale lawyers — are there no Negro attrorneys? — speaking on behalf of the African Canadian Legal Clinic extolled the importance of penalties (which Judge Mosley had ruled unconstitutional).
![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)
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
June 26, 2013
![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)
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.’”
Make no mistake, the Supreme Court of Canada has made Canada’s ruling elite’s contempt for traditional Christianity quite clear. Christians got stomped and booted in a unanimous six judge decision in the Whatcott case, rendered February 27. While much is made of punishing only the most extreme expressions against privileged minorities, in fact, anyone with strong opinions about homosexuals or other privileged groups like Jews, must be very careful. Where does ridicule, which apparently is acceptable end, and “detestation” and “vilification” that “incite the level of abhorrence, delegitimization and rejection that risks causing discrimination and other harmful effects” begin? Got that? Privileged minorities have a superior right not to be “delegitimized”; that is, told that there is something wrong with their behaviour. That newly minted right erases your right to criticize them. Your words, if strong enough, “risk” – note nothing needs be proven — causing discrimination (which is not always unlawful) or “other harmful effects.” What might those be?
The decision is pure cultural Marxism. It reflects the triumph of Frankfurt School social science which has captured most Western universities. While economic communism collapsed and was defeated, cultural communism was spread by the Frankfurt School. Basically, it sees the world divided up into two classes: oppressors – those would be White Christians, and especially sexually healthy White males – and the oppressed – those would be women, homosexuals, Jews, and certain other racial minorities. To overthrow the “oppressors” and to establish universal equality – not of opportunity but results – the Frankfurt School targeted loyalty to family, country and religion. There began a concerted campaign of “deconstruction” whereby political heroes, cultural heroes – the dismissal of traditional English literature as the writing of dead, White males – and traditional Christianity were mocked and attacked. These ideas have captured the upper echelons of Canada’s judiciary and bode poorly for freedom of speech.
The Whatcott decision holds that in human rights cases:
· Truth is no defence;
The Court outlines the conflict: “
Four complaints were filed with the Saskatchewan Human Rights Commission concerning four flyers published and distributed by the respondent, William Whatcott. The flyers were distributed to the public and targeted homosexuals and were challenged by the complainants on the basis that they promoted hatred against individuals because of their sexual orientation. The Saskatchewan Human Rights Tribunal held that the flyers constituted publications that contravened s. 14 of The Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1 as they exposed persons to hatred and ridicule on the basis of their sexual orientation: (2005), 52 C.H.R.R. D/264. Section 14(1)(b) of the Code prohibits the publication or display of any representation “that exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any person or class of persons on the basis of a prohibited ground”. The Code lists “sexual orientation” as a prohibited ground (s. 2(1)(m.01)(vi)).” Mr. Whatcott was fined $17,500 which was to go to the four homosexual who complained against him. “The Saskatchewan Court of Queen’s Bench upheld the Tribunal’s decision: 2007 SKQB 450, 306 Sask. R. 186. That decision was reversed by the Saskatchewan Court of Appeal (“Whatcott (C.A.)”). The appellate court accepted that s. 14(1)(b) was constitutional but held that the flyers at issue did not meet the test for hatred and were not prohibited publications within the meaning of s. 14(1)(b) of the
Code.”
The Court went on to note “Whether or not the author of the expression intended to incite hatred or discriminatory treatment is irrelevant. The key is to determine the likely effect of the expression on its audience, keeping in mind the legislative objectives to reduce or eliminate discrimination.” Now, you might think that “the likely effect” would require some proof, but NO! You see the effects of “hate” are subtle and often there is no proof of any harm. The Court advances the ludicrous conclusion that, although William Whatcott, a fervent evangelical Christian, is the one silenced and fined, somehow his very criticism of homosexuals in the leaflets he handed out back in 2002 was alleged to have intimidated (or night have, as no proof was offered) homosexuals from debating public policy. “Hate speech is at some distance from the spirit of s. 2(b) because it does little to promote, and can in fact impede, the values underlying freedom of expression. Hate speech can also distort or limit the robust and free exchange of ideas by its tendency to silence the voice of its target group. These are important considerations in balancing hate speech with competing Charter rights and in assessing the constitutionality of the prohibition in s. 14(1)(b) of the Code. Framing speech as arising in a moral context or within a public policy debate does not cleanse it of its harmful effect. Finding that certain expression falls within political speech does not close off the enquiry into whether the expression constitutes hate speech. Hate speech may often arise as a part of a larger public discourse but it is speech of a restrictive and exclusionary kind. Political expression contributes to our democracy by encouraging the exchange of opposing views. Hate speech is antithetical to this objective in that it shuts down dialogue by making it difficult or impossible for members of the vulnerable group to respond, thereby stifling discourse. Speech that has the effect of shutting down public debate cannot dodge prohibition on the basis that it promotes debate.”
So, neither discussing politics nor morality is a protection. All that matters is being most delicate in any criticism of privileged “vulnerable minorities.”
Well, where’s the evidence that in the decade since Mr. Whatcott handed out his flyers critical of homosexuals, that “dialogue” was shut down and homosexuals were unable to respond? For nearly 20 years, the powerful homosexual lobby has been pushing for same sex marriage – a revolutionary anti-family retreat from tradition. In 2001, Parliament overwhelmingly voted to endorse the traditional definition of marriage – one man and one woman. The lobby continued its pressure, apparently not intimidated or silenced by the lonely Mr. Whatcott’s leafleting. A cowardly Jean Chretien referred the “question” as to whether the traditional definition of marriage, accepted by almost all but the fringiest elements of Christianity, and by Judaism, Islam, and Hinduism, was “discriminatory” to the judicial revolutionaries on the Supreme Court. They collapsed and gave the homosexual lobby what it wanted. Canada has same sex marriage. Despite being a Catholic, Liberal Premier Dalton McGuinty of Ontario forced even Catholic schools to promote the homosexual agenda in the schools and have Gay-Straight Alliance Clubs, even though the practice of homosexuality violates Catholic teaching. (So much for religious freedom!) The homosexual agenda has triumphed in almost every battle. It successfully pressured to have “sexual orientation” added to the privileged groups protected by Sec. 319 of the Criminal Code, Canada’s notorious “hate law.” In fact, there’s no evidence that Mr. Whatcott’s pathetic little leafleting operation ever intimidated any homosexual from promoting his cause. The only one excluded from the debate is Mr. Whatcott! Mr. Whatcott and strong critics of the homosexual agenda are all but excluded from the mainstream media. Pro-homosexual commentators bray their views from the CBC and the Globe and Mail is virtually a mouthpiece for the homosexual lobby. The only voices marginalized are critics of the homosexual agenda.
The Canadian Press (March 9, 2013) reported on a television advertising campaign by the separatist government of Quebec to promote public tolerance of homosexuals and lesbians kissing in public: “A public display of affection between a couple shouldn’t usually elicit a reaction from people. But what if those engaging in that passionate smooch are a same-sex couple? The Quebec government has launched a unique advertising campaign designed to get the province thinking about just how open-minded it really is when it comes to homosexuality. The TV, radio and web campaign shows routine, everyday scenes in which the viewer has no idea until the end that the ad is about sexual orientation. One shows a man texting his lover while awaiting him at the airport.”
The Court all but admits that Trudeau’s Charter is bogus in its guarantee of free speech or freedom of belief. The peasants get the speech rights the Court chooses to give them: “The limitation imposed on freedom of expression by the prohibition in s. 14(1)(b) of the Code is a limitation prescribed by law within the meaning of s. 1 of the Charter and is demonstrably justified in a free and democratic society. It appropriately balances the fundamental values underlying freedom of expression with competing Charter rights and other values essential to a free and democratic society, in this case a commitment to equality and respect for group identity and the inherent dignity owed to all human beings.[except traditional Christians.] The objective for which the limit is imposed, namely tackling causes of discriminatory activity to reduce the harmful effects and social costs of discrimination, is pressing and substantial. Hate speech is an effort to marginalize individuals based on their membership in a group. Using expression that exposes the group to hatred, hate speech seeks to delegitimize group members in the eyes of the majority, reducing their social standing and acceptance within society. Hate speech, therefore, rises beyond causing distress to individual group members. It can have a societal impact. Hate speech lays the groundwork for later, broad attacks on vulnerable groups that can range from discrimination, to ostracism, segregation, deportation, violence and, in the most extreme cases, to genocide.”
Thus, from Mr. Whatcott’s leafleting to genocide against homosexuals on the streets of Regina. This Supreme Court fantasy is nonsense. Mr. Whatcott never called for deportation, violence or genocide. There was, of course, not a shred of evidence that anything negative resulted from Mr. Whatcott’s leaflets. In the irrational world of the judicial revolutionaries, there doesn’t have to be any evidence. The cultural Marxists simply insist that we must believe: “The fact that s. 14(1)(b) of the Code does not require intent by the publisher or proof of harm, or provide for any defences does not make it overbroad. Systemic discrimination is more widespread than intentional discrimination and the preventive measures found in human rights legislation reasonably centre on effects, rather than intent. The difficulty of establishing causality and the seriousness of the harm to vulnerable groups justifies the imposition of preventive measures that do not require proof of actual harm.” The prattle about “systemic” discrimination is absurd. Mr. Whatcott was a lone wolf pamphleteer. He was part of no “system.”
In a crucial essay (“The Frankfurt School of Social Research and the Origin of the Therapeutic State: A Case Study of Jewish Intellectual Activism” Mankind Quarterly, Spring, 2006) Prof. Kevin Macdonald shows that, despite calling themselves a “School of Social research,” the Frankfurt School feared any objective research that might challenge their ideology. Like the Supreme Court, they defined the world ideologically, and facts would not be allowed to get in the way: “The Frankfurt School never set out to find out the truth about human behavior and institutions. Instead, its members viewed empirically oriented social science as an aspect of domination and oppression. Horkheimer wrote in1937 that “if science as a whole follows the lead of empiricism and the intellect
renounces its insistent and confident probing of the tangled brush of observations in order to unearth more about the world than even our well-meaning daily press, it will be participating passively in the maintenance of universal
injustice.” Rather than find out how society works, the social scientist must be a critic of culture and adopt an attitude of resistance toward contemporary societies.
The unscientific nature of the enterprise can also be seen in its handling of dissent within the ranks of the Institute—a trend that is a common feature of Jewish intellectual and political movements Erich Fromm was excised from the
movement in the 1930s because his leftist humanism opposed the authoritarian nature of the psychoanalyst-patient relationship. This was not compatible with the pro-Bolshevik stance championed at the time by the Horkheimer-Adorno line: Fromm “takes the easy way out with the concept of authority, without which, after all, neither Lenin’s avant-garde nor dictatorship can be conceived of. I would strongly advise him to read Lenin…I must tell you that I see a real threat in this article to the line which the journal takes.”
One of the most shocking revolutionary conclusions of the Court is that truth should not be a defence, at least in human rights cases: “The lack of defences is not fatal to the constitutionality of the provision. Truthful statements can be presented in a manner that would meet the definition of hate speech, and not all truthful statements must be free from restriction. Allowing the dissemination of hate speech to be excused by a sincerely held belief would provide an absolute defence and would gut the prohibition of effectiveness;” that is, gut its purpose of suppressing strong criticisms of some privileged minority. And later in the judgement: “The search for truth is also an important part of self-fulfillment. However, I do not think it is inconsistent with these views to find that not all truthful statements must be free from restriction. Truthful statements can be interlaced with harmful ones or otherwise presented in a manner that would meet the definition of hate speech.”
The Canada of the future will encourage lies and liars, if they flatter privileged groups. Active homosexuals are less likely to contract AIDS than heterosexuals is, of course, a falsehood, but, in the Canada envisioned by the Supremos, a cautious man may well decide to avoid the truth and tell this lie. As in the Soviet Union of old, we’ll be proclaiming that the most recent Five Year Plan has succeeded beyond all expectations. Boots are plentiful, even though, actually, we only made boots for the left foot this year.
The Supreme Court is quite content with condemning an entire pamphlet or publication because of one strident phrase or term: “However, it is also legitimate to proceed with a closer scrutiny of those parts of the expression which draw nearer to the purview of s. 14(1)(b) of the Code. If, despite the context of the entire publication, even one phrase or sentence is found to bring the publication, as a whole, in contravention of the Code, this precludes its publication in its current form.”
Christians got a small sop tossed their way: They can still criticize homosexuals “privately” among themselves but they cannot witness to their faith publicly: “The prohibition only prohibits public communication of hate speech; it does not restrict hateful expression in private communications between individuals.” Can Christians use these repressive laws against their critics? Not likely! They are not a vulnerable group in the world view of the Court’s cultural Marxists: “Although human rights legislation prohibits discrimination of both majority and minority subgroups identifiable by an enumerated characteristic, historical and jurisprudential experience demonstrates that hate speech is virtually always aimed at the minority subgroup. A prohibition of hate speech will only be rationally connected to the objective if its ambit is limited to expression publicly directed at protected group.”
And, as a parting shot for having fought, the Court saddled the impoverished Mr. Whatcott, in addition to his now reduced fine of $15,000, with costs, likely well over $150,000! “Given that Mr. Whatcott was found in contravention of the Code, the Commission is awarded costs throughout, including costs of the application for leave to appeal in this Court.”
The Supreme Court did acquit Mr. Whatcott for two of his pamphlets and ruled some of the hazy language of the Saskatchewan Human Rights Acts censorship section unconstitutional: “A prohibition of any representation that ‘ridicules, belittles or otherwise affronts the dignity of’ any person or class of persons on the basis of a prohibited ground is not a reasonable limit on freedom of expression. Those words are constitutionally invalid and are severed from the statutory provision in accordance with these reasons. The remaining prohibition of any representation ‘that exposes or tends to expose to hatred’ any person or class of persons on the basis of a prohibited ground is a reasonable limit and demonstrably justified in a free and democratic society.” A tiny victory, but it will take a Philadelphia lawyer to sniff out the difference between ridicule, belittling and likely exposing a privileged group to hatred. The prudent man will just shut up rather than run the risk when commenting on one of Canada’s privileged groups.
Finally, and this is a delicate topic in oppressive, minority-ruled Canada, let’s look at the makeup of the six judge panel who heard this crucial case about the rights of Christians. Three, yes three, or fully one half of the panel were Jews. Under the regime of employment equity, a Canadian version of anti-White “affirmative action”, invented by, guess who? Madame Justice Rosalie Silberman Abella, who was on the panel, “systemic discrimination” is evidenced by an over-representation or under-representation of a group. It must be remembered that Jews, at about 310,000, constitute less than one per cent of Canada’s population, but made up half of panel in Whatcott! Did their personal views interfere? Ironically, had Justice Abella applied her own “employment equity” she’d have removed herself from the panel in Whatcott as her minority was already heftily over-represented.
The author of this freedom trashing opinion was Mr. Justice Marshall Rothstein of Manitoba. His biography on the Supreme Court website notes: “He served as an adjudicator under the Manitoba Human Rights Act from 1978 to 1983 and as a member of the Canadian Human Rights Tribunal from 1986 to 1992.” In other words, he was, for more than a decade, part of the whole repressive “human rights” industry he was now being invited to critique. In his case, there was more than a “reasonable apprehension of bias.” Perhaps, no surprise he found state censorship and strong criticism of privileged minorities perfectly justified in a “free” [do words mean nothing!] and “democratic society.”
At least two Liberal senators, Robina Jaffer and Jim Munson (a former journalist happily at ease with state censorship), in speaking against Bill C-304, which would repeal Sec. 13 (Internet censorship) of the Canadian Human Rights Act quoted Justice Abella and her emphasis on “vulnerable minorities”: to wit: “In a 2009 speech entitled Human Rights and History’s Judgment, Justice Rosalie Abella said: We were supposed to have learned three indelible lessons from the concentration camps of Europe. First, indifference is injustice’s incubator. Second, it’s not just what you stand for, it’s is what you stand up for. And third, we must never forget how the world looks to those who are vulnerable.’” Justice Abella was also part of the human rights industry having served on the Ontario Human Rights Commission. Her biography on the Supreme Court website notes: “She married Canadian historian Irving M. Abella on December 8, 1968.” Irving Abella is a past president of the Canadian Jewish Congress, a pro-censorship intervener in Whatcott. The CJC has been a long-time and strident supporter of anti-free speech “hate laws”. Again, one might wonder why Justice Abella did not recuse herself from this case as there is more than a “reasonable apprehension of bias.”
Terry Tremaine’s Sentence – A Spitting, Spiteful Nasty Condemnation of a Dissident
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.
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
Paul Fromm, B.Ed, M.A. Director
What ever happened to Bill C-304? That was the private member’s bill passed last June abolishing Sec. 13 (Internet censorship) of the Canadian Human Rights Act. It passed the House of Commons last June, went to the Senate and just seemed to disappear. For this totalitarian piece of political correctness to disappear it must pass the Senate and then receive Royal Consent (the latter a formality). We get the feeling that the human wrongs crowd has some friends in the Red Chamber.
CAFE spoke to the office of Sen. Bob Runciman, who chairs the Senate Justice Committee, on Friday February 1. The bill is currently before the Senate for second reading. The Senate doesn’t have the tight agenda that the Commons does. Thus, any Senator may speak on any agenda item on a given date. Sen. Runciman’s office said a number of senators still seem to want to speak to the bill before it gets sent on to committee for clause by clause study and, then, third and final reading. The Senate sponsor of the bill is Sen. Doug Finley. (finled@sen.parl.gc.ca) Bill C-304 is on the agenda for February 5,opening day of the post-Christmas session: “Resuming debate on the motion of the Honourable Senator Finley, seconded by the Honourable Senator Frum, for the second reading of Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom). —(Honourable Senator Kinsella) Apparently, it was last discussed on June 27!
It’s time to nudge the senators to pass this bill at second reading, send it on to committee and, then, give it third and final reading.
Below are the e-mails of almost all of the Canadian senators. As well, there is a link to the list of senators, if you particularly want to target your own province’s senators or to find the FAX or snail mail address to send a letter.
Please act immediately.
Paul Fromm
Director CANADIAN ASSOCIATION FOR FREE EXPRESSION
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.ca, maltag@sen.parl.gc.ca,
| Andreychuk, RaynellRaynell Andreychuk | Conservative | Saskatchewan | 01993-03-11March 11, 1993 | Mulroney | 02019-08-14August 14, 2019 | |
| Ataullahjan, SalmaSalma Ataullahjan | Conservative | Ontario (Toronto) | 02010-07-09July 9, 2010[10] | Harper | 02027-04-29April 29, 2027 | |
| Baker, GeorgeGeorge Baker | Liberal | Newfoundland and Labrador | 02002-03-26March 26, 2002[11] | Chrétien | 02017-09-04September 4, 2017 | |
| Batters, DeniseDenise Batters | Conservative | Saskatchewan | 02013-01-25January 25, 2013 | Harper | 02045-06-18June 18, 2045 | |
| Bellemare, DianeDiane Bellemare | Conservative | Quebec (Alma) | 02012-09-06September 6, 2012[12] | Harper | 02024-10-13October 13, 2024 | |
| Beyak, LynnLynn Beyak | Conservative | Ontario | 02013-01-25January 25, 2013 | Harper | 02024-02-18February 18, 2024 | |
| Black, DougDoug Black | Conservative | Alberta | 02013-01-25January 25, 2013 | Harper | 02027-05-10May 10, 2027 | |
| Boisvenu, Pierre-HuguesPierre-Hugues Boisvenu | Conservative | Quebec (La Salle) | 02010-01-29January 29, 2010[13] | Harper | 02024-02-12February 12, 2024 | |
| Braley, DavidDavid Braley | Conservative | Ontario | 02010-05-20May 20, 2010[14] | Harper | 02016-05-31May 31, 2016 | |
| Brazeau, PatrickPatrick Brazeau | Conservative | Quebec (Repentigny) | 02009-01-08January 8, 2009[15] | Harper | 02049-11-11November 11, 2049 | |
| Brown, BertBert Brown | Conservative | Alberta | 02007-07-10July 10, 2007[16] | Harper | 02013-03-22March 22, 2013 | |
| Buth, JoAnneJoAnne Buth | Conservative | Manitoba | 02012-01-06January 6, 2012[17] | Harper | 02029-05-23May 23, 2029 | |
| Callbeck, Catherine S.Catherine S. Callbeck | Liberal | Prince Edward Island | 01997-09-23September 23, 1997[18] | Chrétien | 02014-07-25July 25, 2014 | |
| Campbell, Larry W.Larry W. Campbell | Liberal | British Columbia | 02005-08-02August 2, 2005[19] | Martin | 02023-02-28February 28, 2023 | |
| Carignan, ClaudeClaude Carignan | Conservative | Quebec (Mille Isles) | 02009-08-27August 27, 2009[20] | Harper | 02039-12-04December 4, 2039 | |
| Champagne, AndréeAndrée Champagne | Conservative | Quebec (Grandville) | 02005-08-02August 2, 2005[19] | Martin | 02014-07-17July 17, 2014 | |
| Chaput, MariaMaria Chaput | Liberal | Manitoba | 02002-12-12December 12, 2002[21] | Chrétien | 02017-05-07May 7, 2017 | |
| Charette-Poulin, MarieMarie Charette-Poulin | Liberal | Ontario (Northern Ontario) | 01995-09-21September 21, 1995 | Chrétien | 02020-06-21June 21, 2020 | |
| Comeau, Gerald J.Gerald J. Comeau | Conservative | Nova Scotia | 01990-08-30August 30, 1990 | Mulroney | 02021-02-01February 1, 2021 | |
| Cools, Anne C.Anne C. Cools | Independent | Ontario (Toronto Centre-York) | 01984-01-13January 13, 1984 | Trudeau | 02018-08-12August 12, 2018 | |
| Cordy, Jane MarieJane Marie Cordy | Liberal | Nova Scotia | 02000-06-09June 9, 2000[22] | Chrétien | 02025-07-02July 2, 2025 | |
| Cowan, JimJim Cowan | Liberal | Nova Scotia | 02005-03-24March 24, 2005[23] | Martin | 02017-01-22January 22, 2017 | |
| Dagenais, Jean-GuyJean-Guy Dagenais | Conservative | Quebec (Victoria) | 02012-01-17January 17, 2012[17] | Harper | 02025-02-02February 2, 2025 | |
| Dallaire, RoméoRoméo Dallaire | Liberal | Quebec (Gulf) | 02005-03-24March 24, 2005[23] | Martin | 02022-06-25June 25, 2022 | |
| Dawson, DennisDennis Dawson | Liberal | Quebec (Lauzon) | 02005-08-02August 2, 2005[19] | Martin | 02024-09-28September 28, 2024 | |
| Day, Joseph A.Joseph A. Day | Liberal | New Brunswick (Saint John-Kennebecasis) | 02001-10-04October 4, 2001[24] | Chrétien | 02020-01-24January 24, 2020 | |
| De Bané, PierrePierre De Bané | Liberal | Quebec (De la Vallière) | 01984-06-29June 29, 1984 | Trudeau | 02013-08-02August 2, 2013 | |
| Demers, JacquesJacques Demers | Conservative | Quebec (Rigaud) | 02009-08-27August 27, 2009[20] | Harper | 02019-08-25August 25, 2019 | |
| Downe, Percy E.Percy E. Downe | Liberal | Prince Edward Island (Charlottetown) | 02003-06-26June 26, 2003[25] | Chrétien | 02029-07-08July 8, 2029 | |
| Doyle, NormanNorman Doyle | Conservative | Newfoundland and Labrador | 02012-01-06January 6, 2012[17] | Harper | 02020-11-11November 11, 2020 | |
| Duffy, MichaelMichael Duffy | Conservative | Prince Edward Island (Cavendish) | 02009-01-02January 2, 2009[15] | Harper | 02021-05-27May 27, 2021 | |
| Dyck, Lillian EvaLillian Eva Dyck | Liberal | Saskatchewan | 02005-03-24March 24, 2005[23] | Martin | 02020-08-24August 24, 2020 | |
| Eaton, NicoleNicole Eaton | Conservative | Ontario (Caledon) | 02009-01-02January 2, 2009[15] | Harper | 02020-01-21January 21, 2020 | |
| Eggleton, ArtArt Eggleton | Liberal | Ontario | 02005-03-24March 24, 2005[19] | Martin | 02018-09-29September 29, 2018 | |
| Enverga, Tobias C.Tobias C. Enverga | Conservative | Ontario | 02012-09-06September 6, 2012[12] | Harper | 02030-12-02December 2, 2030 | |
| Finley, DougDoug Finley | Conservative | Ontario | 02009-08-27August 27, 2009[20] | Harper | 02021-07-25July 25, 2021 | |
| Fortin-Duplessis, SuzanneSuzanne Fortin-Duplessis | Conservative | Quebec (Rougemont) | 02009-01-14January 14, 2009[15] | Harper | 02015-06-20June 20, 2015 | |
| Fraser, JoanJoan Fraser | Liberal | Quebec (De Lorimier) | 01998-09-17September 17, 1998[26] | Chrétien | 02019-10-12October 12, 2019 | |
| Frum, LindaLinda Frum | Conservative | Ontario | 02009-08-27August 27, 2009[20] | Harper | 02038-01-13January 13, 2038 | |
| Furey, GeorgeGeorge Furey | Liberal | Newfoundland and Labrador | 01999-08-11August 11, 1999[27] | Chrétien | 02023-05-12May 12, 2023 | |
| Gerstein, IrvingIrving Gerstein | Conservative | Ontario (Toronto) | 02009-01-02January 2, 2009[15] | Harper | 02016-02-10February 10, 2016 | |
| Greene, StephenStephen Greene | Conservative | Nova Scotia (Halifax) | 02009-01-02January 2, 2009[15] | Harper | 02024-12-08December 8, 2024 | |
| Raine, Nancy GreeneNancy Greene Raine | Conservative | British Columbia (Sun Peaks) | 02009-01-02January 2, 2009[15] | Harper | 02018-05-11May 11, 2018 | |
| Harb, MacMac Harb | Liberal | Ontario | 02003-09-09September 9, 2003[28] | Chrétien | 02028-11-10November 10, 2028 | |
| Hervieux-Payette, CélineCéline Hervieux-Payette | Liberal | Quebec (Bedford) | 01995-03-21March 21, 1995 | Chrétien | 02016-04-22April 22, 2016 | |
| Housakos, LeoLeo Housakos | Conservative | Quebec (Wellington) | 02009-01-08January 8, 2009[15] | Harper | 02043-01-10January 10, 2043 | |
| Hubley, LibbeLibbe Hubley | Liberal | Prince Edward Island | 02001-03-08March 8, 2001[29] | Chrétien | 02017-09-08September 8, 2017 | |
| Jaffer, Mobina S.B.Mobina S.B. Jaffer | Liberal | British Columbia | 02001-06-13June 13, 2001[30] | Chrétien | 02024-08-20August 20, 2024 | |
| Johnson, Janis G.Janis G. Johnson | Conservative | Manitoba (Winnipeg – Interlake) | 01990-09-27September 27, 1990 | Mulroney | 02021-04-27April 27, 2021 | |
| Joyal, SergeSerge Joyal | Liberal | Quebec (Kennebec) | 01997-11-26November 26, 1997[31] | Chrétien | 02020-02-01February 1, 2020 | |
| Kenny, ColinColin Kenny | Liberal | Ontario (Rideau) | 01984-06-29June 29, 1984 | Trudeau | 02018-12-10December 10, 2018 | |
| Kinsella, Noël A.Noël A. Kinsella | Conservative | New Brunswick (Fredericton-York-Sunbury) | 01990-09-12September 12, 1990 | Mulroney | 02014-11-28November 28, 2014 | |
| Lang, Hector DanielHector Daniel Lang | Conservative | Yukon (Whitehorse) | 02009-01-02January 2, 2009[15] | Harper | 02023-04-03April 3, 2023 | |
| LeBreton, MarjoryMarjory LeBreton | Conservative | Ontario | 01993-06-18June 18, 1993 | Mulroney | 02015-07-04July 4, 2015 | |
| Lovelace Nicholas, Sandra M.Sandra M. Lovelace Nicholas | Liberal | New Brunswick | 02005-09-21September 21, 2005[19] | Martin | 02023-04-15April 15, 2023 | |
| MacDonald, Michael L.Michael L. MacDonald | Conservative | Nova Scotia (Dartmouth) | 02009-01-02January 2, 2009[15] | Harper | 02030-05-04May 4, 2030 | |
| Maltais, GhislainGhislain Maltais | Conservative | Quebec (Shawinigan) | 02012-01-06January 6, 2012[17] | Harper | 02019-04-22April 22, 2019 | |
| Manning, FabianFabian Manning | Conservative | Newfoundland and Labrador | 02011-05-25May 25, 2011[32] | Harper | 02039-05-21May 21, 2039 | |
| Marshall, ElizabethElizabeth Marshall | Conservative | Newfoundland and Labrador | 02010-01-29January 29, 2010[13] | Harper | 02026-09-07September 7, 2026 | |
| Martin, YonahYonah Martin | Conservative | British Columbia (Vancouver) | 02009-01-02January 2, 2009[15] | Harper | 02040-04-11April 11, 2040 | |
| Massicotte, Paul J.Paul J. Massicotte | Liberal | Quebec (De Lanaudière) | 02003-06-26June 26, 2003[25] | Chrétien | 02026-09-10September 10, 2026 | |
| McCoy, ElaineElaine McCoy | Progressive Conservative | Alberta | 02005-03-24March 24, 2005[23] | Martin | 02021-03-07March 7, 2021 | |
| McInnis, TomTom McInnis | Conservative | Nova Scotia | 02012-09-06September 6, 2012[12] | Harper | 02020-04-09April 9, 2020 | |
| McIntyre, PaulPaul McIntyre | Conservative | New Brunswick | 02012-09-06September 6, 2012[12] | Harper | 02019-11-02November 2, 2019 | |
| Mercer, Terry M.Terry M. Mercer | Liberal | Nova Scotia (Northend Halifax) | 02003-11-07November 7, 2003[33] | Chrétien | 02022-05-06May 6, 2022 | |
| Merchant, PanaPana Merchant | Liberal | Saskatchewan | 02002-12-12December 12, 2002[21] | Chrétien | 02018-04-02April 2, 2018 | |
| Don MeredithDon Meredith | Conservative | Ontario | 02010-12-18December 18, 2010[34] | Harper | 02039-07-13July 13, 2039 | |
| Mitchell, GrantGrant Mitchell | Liberal | Alberta | 02005-03-24March 24, 2005[23] | Martin | 02026-07-19July 19, 2026 | |
| Mockler, PercyPercy Mockler | Conservative | New Brunswick (Saint-Léonard) | 02009-01-02January 2, 2009[15] | Harper | 02024-04-14April 14, 2024 | |
| Moore, Wilfred P.Wilfred P. Moore | Liberal | Nova Scotia (Stanhope St./South Shore) | 01996-09-26September 26, 1996[35] | Chrétien | 02017-01-14January 14, 2017 | |
| Munson, JimJim Munson | Liberal | Ontario (Ottawa/Rideau Canal) | 02003-12-10December 10, 2003[33] | Chrétien | 02021-07-24July 24, 2021 | |
| Nancy Ruth | Conservative | Ontario (Cluny) | 02005-03-24March 24, 2005[23] | Martin | 02017-01-06January 6, 2017 | |
| Neufeld, RichardRichard Neufeld | Conservative | British Columbia (Charlie Lake) | 02009-01-02January 2, 2009[15] | Harper | 02019-11-06November 6, 2019 | |
| Ngo, Thanh HaiThanh Hai Ngo | Conservative | Ontario | 02012-09-06September 6, 2012[12] | Harper | 02022-01-03January 3, 2022 | |
| Nolin, Pierre ClaudePierre Claude Nolin | Conservative | Quebec (De Salaberry) | 01993-06-18June 18, 1993 | Mulroney | 02025-10-30October 30, 2025 | |
| Ogilvie, KelvinKelvin Ogilvie | Conservative | Nova Scotia | 02009-08-27August 27, 2009[20] | Harper | 02017-11-06November 6, 2017 | |
| Oh, VictorVictor Oh | Conservative | Ontario | 02013-01-25January 25, 2013 | Harper | 02024-06-10June 10, 2024 | |
| Oliver, Donald H.Donald H. Oliver | Conservative | Nova Scotia (South Shore) | 01990-09-07September 7, 1990 | Mulroney | 02013-11-16November 16, 2013 | |
| Patterson, DennisDennis Patterson | Conservative | Nunavut | 02009-08-27August 27, 2009[20] | Harper | 02023-12-30December 30, 2023 | |
| Plett, DonDon Plett | Conservative | Manitoba | 02009-08-27August 27, 2009[20] | Harper | 02025-05-14May 14, 2025 | |
| Poirier, Rose-MayRose-May Poirier | Conservative | New Brunswick | 02010-02-28February 28, 2010[13] | Harper | 02029-03-02March 2, 2029 | |
| Ringuette, PierrettePierrette Ringuette | Liberal | New Brunswick | 02002-12-12December 12, 2002[21] | Chrétien | 02030-12-31December 31, 2030 | |
| Rivard, MichelMichel Rivard | Conservative | Quebec (The Laurentides) | 02009-01-02January 2, 2009[15] | Harper | 02016-08-07August 7, 2016 | |
| Rivest, Jean-ClaudeJean-Claude Rivest | Independent | Quebec (Stadacona) | 01993-03-11March 11, 1993 | Mulroney | 02018-01-27January 27, 2018 | |
| Robichaud, FernandFernand Robichaud | Liberal | New Brunswick | 01997-09-23September 23, 1997[18] | Chrétien | 02014-12-02December 2, 2014 | |
| Runciman, BobBob Runciman | Conservative | Ontario | 02010-01-29January 29, 2010[13] | Harper | 02017-08-10August 10, 2017 | |
| Segal, HughHugh Segal | Conservative | Ontario (Kingston-Frontenac-Leeds) | 02005-08-02August 2, 2005[19] | Martin | 02025-10-13October 13, 2025 | |
| Seidman, JudithJudith Seidman | Conservative | Quebec (De la Durantaye) | 02009-08-27August 27, 2009[20] | Harper | 02025-09-01September 1, 2025 | |
| Seth, AshaAsha Seth | Conservative | Ontario | 02012-01-06January 6, 2012[17] | Harper | 02014-12-15December 15, 2014 | |
| Sibbeston, Nick G.Nick G. Sibbeston | Liberal | Northwest Territories | 01999-09-02September 2, 1999[27] | Chrétien | 02018-11-21November 21, 2018 | |
| Smith, David P.David P. Smith | Liberal | Ontario (Cobourg) | 02002-06-25June 25, 2002[36] | Chrétien | 02016-05-16May 16, 2016 | |
| Smith, LarryLarry Smith | Conservative | Quebec (Saurel) | 02011-05-25May 25, 2011[37] | Harper | 02026-04-28April 28, 2026 | |
| Stewart-Olsen, CarolynCarolyn Stewart-Olsen | Conservative | New Brunswick | 02009-08-27August 27, 2009[20] | Harper | 02021-07-27July 27, 2021 | |
| Stratton, TerryTerry Stratton | Conservative | Manitoba (Red River) | 01993-03-25March 25, 1993 | Mulroney | 02013-03-16March 16, 2013 | |
| Tardif, ClaudetteClaudette Tardif | Liberal | Alberta | 02005-03-24March 24, 2005[23] | Martin | 02023-07-27July 27, 2023 | |
| Tkachuk, DavidDavid Tkachuk | Conservative | Saskatchewan | 01993-06-08June 8, 1993 | Mulroney | 02020-02-18February 18, 2020 | |
| Unger, BettyBetty Unger | Conservative | Alberta | 02012-01-06January 6, 2012[17] | Harper | 02018-08-08August 8, 2018 | |
| Verner, JoséeJosée Verner | Conservative | Quebec (Montarville) | 02011-06-13June 13, 2011[38] | Harper | 02034-12-30December 30, 2034 | |
| Wallace, John D.John D. Wallace | Conservative | New Brunswick (Rothesay) | 02009-01-02January 2, 2009[15] | Harper | 02024-03-26March 26, 2024 | |
| Wallin, PamelaPamela Wallin | Conservative | Saskatchewan (Kuroki Beach) | 02009-01-02January 2, 2009[15] | Harper | 02028-04-10April 10, 2028 | |
| Watt, CharlieCharlie Watt | Liberal | Quebec (Inkerman) | 01984-01-16January 16, 1984 | Trudeau | 02019-06-29June 29, 2019 | |
| Wells, DavidDavid Wells | Conservative | Newfoundland and Labrador | 02013-01-25January 25, 2013 | Harper | 02037-02-28February 28, 2037 | |
| White, VernonVernon White | Conservative | Ontario | 02012-02-20February 20, 2012[39] | Harper | 02034-02-21February 21, 2034 | |
| Zimmer, RodRod Zimmer | Liberal | Manitoba | 02005-08-02August 2, 2005[19] | Martin | 02017-12-19December 19, 2017 |
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