RadicalPressNewsLetter
Warman Libel Suit Threat Against Radical Press
by
Arthur Topham
July 22, 2013
“He who fights and runs away
May live to fight another day;
But he who is in battle slain,
Can never rise to fight again.”
~Oliver Goldsmith, (1728 – 1774),
Art of Poetry on a New Plan, Vol. 2
On the evening of Wednesday, July 3, 2013 a car drove up my driveway and parked in the yard. An elderly man got out holding a large brown envelope in his hand and was proceeding to walk toward the house when I came out on the front porch. He asked, “Are you Arthur Topham?” I replied, “That depends on who you are.”
He broke out in a kind of a half laugh, half grin and came up to hand me the envelope. I asked him what it was and he again replied in a rather subdued tone that it was from some law firm from back east with a name he couldn’t pronounce. At that point my wife also walked out on the front steps and asked him point blank, “Is it from Richard Warman?” He said no, but he thought it mentioned his name and had something to do with him.
As he walked away, as if to cover his back, he mumbled something about being “only the messenger”.
I went back into the house and sat down at the kitchen table, opened the envelope and read the enclosed letter. It was from Jeff Saikaley of the law firm of Caza Sailaley out of Toronto. It began, “Dear Sir: Re: Richard Warman Libel Notice.”
The origin of the supposed offending, libellous and defamatory piece was an
article by Marc Lemire which I had received from him December 31, 2012 titled, “Richard Warman’s ‘Maximum Disruption’ Attacks upon Freedom of Speech in Canada”. I published it on the
RadicalPress.com website January 3, 2013 and added a Preface of my own comments. It was the Preface which Richard Warman was objecting to and using as the basis for his notice.
Having finished reading the letter out loud my wife left the room, obviously upset. I went upstairs to my office to consider what my response would be to this latest legal missile from the same person who, along with B’nai Brith Canada’s representative Harry Abrams, had laid the Sec. 319(2) “hate crime” complaint against me and
RadicalPress.com back in 2012; one that culminated in my arrest on May 16th, 2012 and the seizure of all of my computers, electronic files as well as my firearms.
Not being the type of person who takes threats of this nature lightly I had a lot of things to consider over the next few days, apart from getting ready for the July 9, 2013 court appearance. Having observed Warman’s incessant, vexatious tactics of filing libel and defamation suits against anyone who he felt was not treating him in the manner in which he was accustomed to being treated by those such as the Jewish lobbyists here in Canada like the Canadian Jewish Congress, who, in the past have presented special awards to Mr. Warman for his efforts in combatting what they erroneously perceive to be “racism” and “anti-Semitism”, I realized that this latest assault was one that I would have to deal with quickly if I wanted to avoid yet another lengthy and most likely fruitless legal battle.
Warman was demanding a full retraction and apology for the things I had said about him in my Preface and he also wanted both my comments plus Lemire’s article removed from
RadicalPress.com and the retraction posted where the article once was and left there permanently. I was to post the retraction/apology as the lead article on the website for five days in a row as well.
After deliberating on this ultimatum I contacted some of my legal friends for advice and it was suggested that given my overall situation with respect to the already onerous legal burdens now before me that it would be best to bow out of this additional brawl with Warman and avoid what would likely be the inescapable result.
Having no funds to hire a lawyer was the first consideration that I had to face. Given that this libel threat would be a civil suit there would be no possibility of obtaining a Rowbotham application as in my present sec. 319(2) criminal charge, also brought on by Warman. Without counsel the case would likely be heard in Toronto and that would necessitate my having to travel across Canada in order to fight it. Given that I struggle to find enough gas to get into Quesnel, a distance of approximately 30 km, the chances of finding the fuel and money to survive a trip out to Toronto (or possibly more than one trip) would be extremely thin if not impossible. Then of course was the possibility of being found guilty and having to face a huge fine which, because I wouldn’t be able to afford to pay it, would likely mean a judgment registered against my home. Given all of these factors it was easy to see (being a placer miner or not) that I was between a rock and a very hard place. Having placed my pawn in the direct path of Warman’s queen there was little left for me to do but retract.
On July 8th, 2013 I replied to Warman’s lawyer and stated the following:
I am in receipt of your June 27, 2013 letter which was hand delivered to me on the evening of July 3, 2013.
I have read it through and given it my full consideration.
Given the fact that I am currently facing two legal challenges to my constitutional right to freedom of speech on the Internet, i.e. a Section 13(1) complaint plus a Section 319(2) CCC which your client Mr. Richard Warman, along with Mr. Harry Abrams, conspired to initiate against me, I recognize that a third legal action is beyond my present ability to meet.
Mr. Warman, as I am confident you are well aware, knows full well that I am presently without legal counsel due to the untimely death of my former solicitor Mr. Douglas Christie and that my financial situation is such that, of necessity, I am currently forced to represent myself pro ce in both the Sec. 319(2) charge and the stayed Sec. 13(1) complaint pending the outcome in the Warman v Lemire appeal now before the federal court. A third civil libel suit wherein I would be basically at the mercy of forces beyond my immediate capacity to deal with is therefore not an option for me.
I recognize that I am caught between the proverbial rock and a hard place and therefore am willing to meet Mr. Warman’s demands, as contained in your letter of June 27, 2013, to publish a complete retraction and apology for the allegations contained in my January 1, 2013 Article entitled “Richard Warman’s ‘Maximum Disruption’ Attacks upon Freedom of Speech in Canada from Marc Lemire at freedom site.org” located at URL http://www.radicalpress.com and a unique website page containing the Article at http://www.radicalpress.com/?p=1877.
Prior to removing said Article from www.radicalpress.com I would like written confirmation from your office stating that in doing so the matter would be concluded and no further vexatious repercussions would arise from the Article.
As well I will do everything in my capacity as the copyright holder to have all third party republications of my Article removed.
Please advise if these steps are sufficient to meet your client’s demands and if so I will proceed to fulfil them immediately.
On July 11th, 2013 I received a reply from Jeff Saikaley stating:
Dear Mr. Topham:
Thank you for your note. I confirm that if you fulfill the conditions outlined in my letter of 27 June 2013 within 24 hours and pay Mr. Warman’s expenses of $500 incurred to date no later than 15 calendar days from this email, then Mr. Warman is prepared to not proceed with the libel action against you.
I wrote Saikaley back confirming that I would immediately attend to fulfilling all the demands stated in his initial letter and that I would send the $500.00 blood money before the allotted time period ended.
Following that I sent out an appeal to my list asking for financial help in raising the money to pay Warman. I’m extremely happy and grateful for the fact that help came in time to meet the deadline. I am still awaiting final confirmation from Warman’s lawyer that he received the postal money order that I sent off to him via registered snail mail. Once that is done then hopefully this will be the end of it.
Should anything further arise of a weird nature I will alert readers to it but as it now stands it looks like this episode in the history of Canada’s struggles to maintain the right to freedom of speech is now over.
My sincerest thanks on behalf of myself and my dear wife for all the support and financial assistance that was forthcoming. God bless you all.
Arthur Topham
Pub/Ed
The Radical Press
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