Free Speech Takes A Thumping As Thought Control Forces Argue McCorkill Will Is “Against Public Policy”

Free Speech Takes A Thumping As Thought Control Forces Argue McCorkill Will Is “Against Public Policy”

ST.JOHN, NEW BRUNSWICK. January 27, 2014. “Where is the McCorkill case being heard?” I asked the court officer just before 9:30 this morning here in St. John.

“Courtroom 13,” he answered.

“Is this our lucky day?” I wondered.

The atmosphere inside Courtroom 13 was more frigid for freedom of thought than the bitter Maritime winter outside the courtroom. This morning lawyers argued that the will of the late Professor Robert McCorkill giving a bequest to the White Nationalist U.S.-based National Alliance be set aside. It was like an Anti-racist Action meeting with slogans of “neo-Nazi” “White supremacist” and “racist” snapping through the air in the Court of Queen’ Bench. There was a lot of “hate” in the air or, at least, how much certain people hate “hate.”

Moncton lawyer Marc-Antoine Chiasson led off the complainant’s case before Judge William T. Grant. He represents the long-estranged sister of the late Robert McCorkill who brought this current action to nullify the bequest. She turned up or was found after being silent during the nine years since her brother’s death, after the militantly anti-free speech U.S.-based Southern Poverty Law Centre (SPLC) found about about the bequest soon after the will was probated in May, 2013. The exceedingly well-funded SPLC, an arch enemy of the National Alliance, went on the warpath to stop the bequest. The only problem for them was that they have no legal standing in Canada. Ottawa lawyer Richard Warman was soon being quoted in the press commenting that the bequest should be nullified because I was contrary to public policy. Isabelle McCorkell [yes, different spelling] emerged and, although she claims to live on $1,000 a month hired a pricey Moncton law firm to obtain an ex-parte injunction freezing the assets of the will and then a further application to nullify the bequest. Piling in to support her were the Attorney General of New Brunswick , the League for Human Rights of B’nai Brith and the Centre for Israel and Jewish Affairs.

” This is an unusual case,” Mr. Chiasson noted. And then the smears and name-calling began: “The Court must decide whether it is acceptable or appropriate to leave a bequest to a White supremacist, neo-Nazi organization that wants to rid North America of Jews.”

“We should not be able to interfere with a will on a whim because we don’t like the beneficiary,” he added. [Then, why are we here? I wondered.]

However, he added, “there is a certain line that cannot be crossed, but the line has been crossed with the bequest to the National Alliance and we ask this Court to intervene.”

“The Court should intervene in very few cases,” he admitted. However, an exception should be made for “hate propaganda” and “hate groups.” He quote Mr.Justice Cory in the appeal to the Federal Court of Appeals in the Don Andrews “hate law case” back in the 1970s. The judge had said that “hate meant the instilling of detestation in others and does incalculable damage to the Canadian community.”

“Sec. 318 and 319 of the Criminal Code prohibit ‘hate propaganda’ and the promtion of genocide,” he added.

The three lawyers arguing for the application repeatedly demanded suppression of people and views their clients didn’t like. “Any group that promotes views contrary to the human rights codes is unacceptable,” Mr. Chiasson announced. “The International Convention for the Elimination of All Forms of Discrimination condemn all groups that promote the superiority of a race and the participation in or financing of such groups,” he added. [Did Canada or its Parliament knowingly sign on to such a mental straight jacket.]

“Multiculturalism and equality are the linchpins of the Charter of Rights and Freedoms,” he said. The Charter, it might be noted, for all its talk of “equality” grants special privileges to favoured minorities.

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Paul Fromm being interviewed by Neville Crabbe of CBC News

So, he argued, “we have adopted the view that, in Canada, the propaganda of the National Alliance, the existence of the National Alliance and the financing of the National Alliance is contrary to public policy.” Mr. Chiasson professed himself outraged that the National Alliance believes in “the preservation of the White Race and racial separation.” Reading from the National Alliance’s 2005 Membership Handbook, he quoted the NA’s programme: “We must have White work spaces, White farms, White schools. … We want an environment where our own nature can express itself. We must root out Semitic and non-Aryan influences.”

Mr. Chiason equated White self-preservation with White Supremacy.

“We just can’t stop ideas at the border due to the power of the Internet,” he complained.

Apparently, dissenting in certain historical debates is against the law, at least in Mr. Chiasson’s submissions: “The National Alliance says ‘the holocaust is a myth’. This is hate speech and contrary to public policy.” He expressed further shock at a comment by the National Alliance: “We have a debt of gratitude to Adolf Hitler who was the greatest man of our era.” [One wonders whether we’d be in Court with a two volume record o fwell over 600 pages of submissions and exhibits if the National Alliance had hailed Joseph Stalin or Mao Tse Tung or even Pol Pot as the greatest man of our era.]

No evidence had been adduced of homicidal inclinations on the part of the NA, but, Mr. Chiasson concluded: “The sole purpose of the NA is promoting hate and killing non-Whites, its sole objective is to create White living space, and, thus, it offends public policy. The gift is illegal and against public policy and should be voided. Mr. McCorkill should be declared intestate and, therefore, my client and her brother would be the beneficiaries of the estate.”

Next up was Richard Williams of Fredericton, representing the Attorney General of New Brunswick. “|Our only interest in this matter is our belief that the bequest is illegal and contrary to public policy,” he said. A strong voice for repression, he declared: “The theme of the Charter and human rights codes is that racism will not be allowed in this country.” He professed himself upset at the notion of “White living space”, although he made no mention of native land claims or special lands for Indians or Eskimos.

He added “there is no redeeming merit” in the National Alliance. Attempting to answer an argument in CAFE’s brief that nullifying the McCorkill will could launch a flood of similar litigation, he concluded: “I never expect to have a case like this again in my career.”

The final presentation of the morning came on behalf of another intervener, the League for Human Rights of B’nai Brith. Representing B’nai Brith, Catherine Fawcett insisted: “The National Alliance has a presence in Canada and is well known to the League.” Whether the NA has actually committed acts of violence “doesn’t matter. They put out ideas that incite hate. Their membership is restricted to White people who support the objectives of the NA. [One wonders whether certain Jewish or Catholic groups might not similarly be restricted to adherents of their faith who support the group’s objectives.]

“What you read in their Handbook,” she charged, “is we will recruit and build infrastructure for final victory. But you must read between the lines. A further danger of the National Alliance is a video game they produced called Ethnic Cleansing,” she added. She didn’t explain what it was about.

“In the NA Handbook, they say: “The holocaust story in engineered by Jews or is full of exaggerations.’ This is contrary to Canadian values,” she insisted.

Elsewhere, the NA says that “AIDS has taken off undesireables among Whites — homosexuals, intravenous drug users, and those who have sex with non-Whites. That, M’lord, is hate.”

In a country that does not have a Second Amendment to protect the right to keep and bear arms, Miss Fawcett was very critical of the NA Handbook urging members to have weapons for the defence of their family or to join the state militia, if necessary. The Handbook recommended a riot gun, a military semi-automatic rifle, a handgun and at least 500 rounds of ammunition.

She took great exception to the NA saying: “The Aryan Race has the right to ensure its own survival and it must have a White living space including Europe, North America and the southern tip of Africa.”

NA Chairman Erich Gleibe in an affidavit “says the National Alliance has no programmes in Canada, but the effect of the National Alliance message is to corrupt people and turn a small receptive minority against multiculturalism. We can stop printed material at the border and we have ‘anti-hate’ legislation but the Internet can reach so many.”

Concluding, she said: “This Court has the power to strike down the testamentary gift to the National Alliance and stop it spreading its message of hate.”

The hearing continues tomorrow. — Paul Fromm

Hear Paul Fromm on the Don Black Show at 10:00 a.m. Friday, January 24 Discussing the SPLC’s Efforts to Hijack the McCorkill Will

Hear Paul Fromm on the Don Black Show at 10:00 a.m. Friday, January 24 Discussing the SPLC’s Efforts to Hijack the McCorkill Will

http://www.renseradio.com/listenlive.htm

They can find the archives from there.

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Arthur Topham “Hate” Trial Opens With a Whimper

Arthur Topham “Hate” Trial Opens With a Whimper
ARTHUR TOPHAM

Quesnel, BC., January 22, 2014. The long awaited preliminary hearing into “hate” charges against dissident and political prisoner Arthur Topham for postings on his website Radicalpress.com opened here this morning. Mr. Topham reports, with some disappointment, that only about an hour and a half’s worth of testimony was heard.

The shambolic hearing was repeatedly interrupted with remands and other court business. There is only one courtroom and one judge in this small town in the British Columbia interior. One of the two Crowns or prosecuting lawyers was ill.

Photo: Arthur Topham “Hate” Trial Opens With a Whimper Quesnel, BC., January 22, 2014. The long awaited preliminary hearing into “hate” charges against dissident and political prisoner Arthur Topham for postings on his website Radicalpress.com opened here this morning. Mr. Topham reports, with some disappointment, that only about an hour and a half’s worth of testimony was heard. The shambolic hearing was repeatedly interrupted with remands and other court business. There is only one courtroom and one judge in this small town in the British Columbia interior. One of the two Crowns or prosecuting lawyers was ill. The Crown’s case under Canada’s notorious “hate law” (Sec. 319 of the Criminal Code) opened with the testimony of the investigating officer Det. Terry Wilson of the British Columbia “hate squad.” Most of the evidence presented merely established that Mr. Topham owned the Radicalpress.com website and that he had posted material there, none of which he denies. After Mr. Topham’s arrest, Det. Wilson contacted Mr. Topham’s ISP to pressure it to drop his Radicalpress.com website, saying he had been charged with “hate”. The initial charges did not indicate what posts out of many on this active website might constitute “hate”. The ISP directed Mr. Topham to remove the offending passages, but he couldn’t, not knowing what they were. So, the ISP pulled the plug on the site. In Canada, as in the U.S., a person is presumed innocent until proven guilty. However, Det. Terry Wilson began to inflict punishment even before a trial. The charges were instigated by complaints from Harry Abrams of the League for Human Rights of B’nai Brith and chronic complaint filer Richard Warman of Ottawa. The hearing, slated to last five days, continues tomorrow.

The Crown’s case under Canada’s notorious “hate law” (Sec. 319 of the Criminal Code) opened with the testimony of the investigating officer Det. Terry Wilson of the British Columbia “hate squad.” Most of the evidence presented merely established that Mr. Topham owned the Radicalpress.com website and that he had posted material there, none of which he denies.

After Mr. Topham’s arrest, Det. Wilson contacted Mr. Topham’s ISP to pressure it to drop his Radicalpress.com website, saying he had been charged with “hate”. The initial charges did not indicate what posts out of many on this active website might constitute “hate”. The ISP directed Mr. Topham to remove the offending passages, but he couldn’t, not knowing what they were. So, the ISP pulled the plug on the site.

In Canada, as in the U.S., a person is presumed innocent until proven guilty. However, Det. Terry Wilson began to inflict punishment even before a trial.

The charges were instigated by complaints from Harry Abrams of the League for Human Rights of B’nai Brith and chronic complaint filer Richard Warman of Ottawa.

The hearing, slated to last five days, continues tomorrow.

If You Missed Paul Fromm on the Don Black Show Brad Love Persecuting Free Speech, Check Out the Archives

If You Missed Paul Fromm on the Don Black Show  Brad Love Persecuting Free Speech, Check Out the Archives
 
 
 
 
 

Arthur Topham Heads to “Preliminary Hearing” on “Hate” Charges; New Count Laid at Last Minute

Arthur Topham Heads to “Preliminary Hearing” on “Hate” Charges; New Count Laid at Last Minute
 
 
Dear Free Speech Advocates and Radical Press Supporters,

My last update of November 20th, 2013 focused mainly on the Rowbotham application that I had applied for in order to have Regina pay for a lawyer to defend me against her spurious sec. 319(2) “hate crime” charge that resulted in my arrest and incarceration back on May 16th, 2012. That application was refused by Judge Morgan after a hearing held in the Quesnel court house on November 18th.
Since that date I’ve been back in court a few more times on related matters the most recent being Tuesday, January 14th.

 During the November 18th, 2013 Rowbotham hearing Judge Morgan brought up the matter of the particularization of the disclosure (the massive amount of purported “evidence” which the Crown intends to rely upon to justify their having charged and arrested me and stole all of my computers and firearms back in May of 2012). I had made an application to the court back on April 10th of 2013 asking for further particulars and that the Crown to be more specific as to just what articles, posts, etc. were the ones on the website which Regina felt were willfully promoting hatred against “people of the Jewish religion or ethnic group.” After the Rowbotham application was refused I refiled the original April 10th, 2013 application asking the Judge to order Crown to further particularize the case.
 That hearing took place on December 16th, 2013. Judge Morgan reserved his decision until I appeared again January 3rd, 2014 on another related matter. It was then that he handed down his Judgment in which he dismissed my application on the grounds that I was “seeking” “particulars relating to the Crown’s theory.” In the Judge’s estimation, “An order – as set out in his application – for the Crown to particularize the date and time and the exact statement or statements by which the alleged hatred was promoted would have the effect of limiting the Crown’s theory of the case; something that Krindle J. in Pangman (above) at paragraph 3, found there was no authority for and would amount to an extension of the existing law.” It all sounds good in “theory” doesn’t it?
Following the November 18th, 2013 Rowbotham hearing I contacted Crown Counsel Johnston regarding the matter of witnesses that the Crown was planning to call for the Preliminary Inquiry set for January 22nd, 2014. Counsel informed me that she would only be calling one witness, Barry Salt, a forensic computer technician. More taxpayer money to be spent bringing someone up to Quesnel in order to “prove” that I was the Publisher and Editor of RadicalPress.com a fact which I have never denied.
On December 2nd, 2013 I wrote another letter to CC Johnston regarding the matter of witnesses (or lack thereof) and that Crown was not planning to call either of the complainants (Richard Warman and Harry Abrams) nor the investigating officers (Terry Wilson and Normandie Levas). In that letter I wrote:
As I’m sure you are well aware the preliminary inquiry is an important opportunity for me to cross-examine witnesses and gather relevant evidence for pre-trial Charter applications in Supreme Court. Much of the necessary evidence for the Charter applications will be put on the record at that time and therefore I feel it behooves the Crown, in the interest of justice, to call those persons specified above for cross-examination by myself, or, in the event I am able to procure counsel in advance of the January 22nd date, my legal representative.

I never heard back from CC Johnston on this matter and so I filed another application on December 30th, 2013 stating the reasons as:

“The complainants (Richard Warman and Harry Abrams) and the police investigators (Terry Wilson and Normandie Levas) are relevant and necessary witnesses for the purpose of the preliminary inquiry. The Crown is refusing to to call these witnesses. I respectfully request that the Crown be compelled to produce these witnesses.”

As a result a hearing date was set for January 3rd, 2014. During the hearing Crown argued that they didn’t have to produce any witnesses that they chose not to and downplayed the whole notion of the importance of the Preliminary Hearing process. I was given a fourteen page document indexed as: United States of America v. Shephard [1977] 2 S.C.R. 1067. This document, according to both Judge Morgan and Crown Counsel Johnston, clearing showed that the threshold to be met in order to justify ordering a trial to be held was so low as to be practically impossible to refute.

Prior to the January 3rd date the Judge had set another date of January 7th, 2014 for what is called a “focus hearing” which, translated into English, means a time to go over the ins and outs of what would be transpiring during the upcoming Preliminary Hearing on Jan. 22nd. He then decided to deal with that matter too on the 3rd and skip the Jan. 7th date. It was during this hearing that Judge Morgan addressed the issue of the thousands of emails which were still on my stolen computers and had not been returned to me. I told the judge that they were relevant to my defence and that they should be returned as part of the disclosure package which had already been returned some months ago. The judge concurred with my argument and after some discussion with Crown directed CC Johnston to contact Det. Cst. Wilson and have him return all of my email correspondence to me. He gave the Crown until January 14th to prepare a response to his recommendation and it was on that date that I was to return to court to find out the results. When I appeared on January 14th I learned that the emails had been downloaded to a file that was supposedly being sent up to the Crown’s office and that I would be notified as soon as it arrived. Judge Morgan told me to contact Crown Counsel’s office if I didn’t hear anything after a couple of days.

It was also on Jan. 14th that I first learned that Crown was also calling Det. Cst. Terry Wilson of the BC Hate Crime Unit to appear at the Preliminary Inquiry. Then, to top things off, came the sudden announcement by Crown Counsel Johnston that the Crown had filed a third count against me! It was a repeat of the original May 16th, 2012 sec. 319(2) CCC charge. This new indictment, known as “Count 3”, had received the consent of the Attorney General of British Columbia on the 31st of December, 2013 and was signed by Peter A. Juk, QC Acting Assistant Deputy Attorney General. The reasons stated were that I, “Roy Arthur Topham, between the 29th of January, 2013 and the 11th day of December, 2013, inclusive, at or near Quesnel, in the Province of British Columbia, did by communicating statements, other than in private conversation, willfully promoting hatred against an identifiable group, people of the Jewish religion or ethnic origin, contrary to Section 319(2) of the Criminal Code.”

Having made this announcement to Judge Morgan and myself CC Johnston then added that nothing more would be forthcoming as a result of it until after the upcoming Preliminary Inquiry when an application would then be made to the court in order that Crown might attempt to impose new restrictions on me to prevent me from publishing any more truthful articles and opinions on RadicalPress.com.

One further thing needs to be added to this update prior to closing off. This morning, January 16th, 2014 I sent a letter to Crown Counsel Johnston informing her that I had subpoenaed two witnesses to appear in my defence for the Preliminary Inquiry slated for January 22nd, 2013. In that letter I wrote:

“Please take notice that I have subpoenaed and will be calling two witnesses for the Preliminary Inquiry to be held on January 22nd, 2014.

Mr. Frank Frost will be appearing to testify on the urgency to maintain an alternative news media here in British Columbia in order to ensure that criminal activities on the part of the RCMP, the Judiciary and the Attorney General’s office (Crown) are exposed to the general public. Mr. Frost is a strong, knowledgable advocate and expert witness in the areas of children and family advocacy and pedophelia within B.C.’s judiciary.

Mr. Lonny Landrud will also be appearing to testify on the importance of maintaining an alternative new media. Mr. Landrud is an expert, knowledgeable witness in the area of judicial misfeasance as it pertains to his own case. Mr. Landrud was witness to a murder of a young woman in Quesnel by RCMP officers and subsequent to reporting this heinous crime to the RCMP has been the subject of numerous attempts on his life by the RCMP. In one instance Mr. Landrud was forced to shoot, in self-defence, an RCMP officer who was attempting to murder him in his home. Since the advent of these events Mr. Landrud has been unable to have his case investigated at any level of government after years of sincere effort and the mainstream news media has refused to investigate or cover his plight. Mr. Landrud will be speaking to the court on the pressing need for an alternative news media that will and does cover his untold story.”

The next few days will be spent preparing for the Preliminary Inquiry. I will send out another update sometime after the 22nd and let readers know what transpired on that day.

For Peace, Freedom of Speech and Justice for All,

Arthur Topham
Publisher/Editor
The Radical Press
Canada’s Radical News Network

“Digging to the root of the issues since 1998”


*****


My court battle to retain the right to publish the truth about any and all injustices is a serious and costly effort and one critical to the future of all Canadians who wish to have the same rights and freedoms. Please consider a donation to the Radical Press Free Speech Defence Fund