Canadian Association for Free Expression
Box 332,
Rexdale, Ontario, M9W 5L3
Ph: 905-566-4455; FAX: 905-566-4820
Paul Fromm, B.Ed, M.A. Director
April 10, 2014
Malcolm Ross attended the second day of the trial as an observer. Paul Fromm in foreground
Happiness
Happiness may seem a strange topic for me to raise in my report to you. However, on January 27, I was standing in the lobby of the Courthouse in St. John, waiting for John Hughes, lawyer for the McCorkill Estate, and CAFÉ’s lawyer Andy Lodge. The hearing in regards to efforts by powerful forces to hijack the McCorkill will’s bequest to the National Alliance as “contrary to public policy” was over and the decision in the hands of the judge. We were in the middle of a media scrum. With me was former teacher Malcolm Ross and his brother. I saw the lawyers for the four parties seeking to overturn the will walk by.
I wondered whether they were happy. I wondered this because beside me stood a man who deep down is serene and happy. Twenty years ago, Malcolm Ross was removed from the classroom in Moncton because of his political and religious views published in books, booklets and letter-to-the-editor on his own time. A “human rights” (they do not include free speech) tribunal had ruled that Mr. Ross’s very presence, as a conservative, anti-Zionist Christian, created a “poisoned” environment. The person complaining against him was the daughter of a prominent Atlantic Jew. She claimed some students had made anti-Semitic comments to her. Now, she did not attend the school where Malcolm Ross taught. He had not taught her. She had never met him, Nor had he taught the students who allegedly made comments to her.
Neither reason nor common sense mattered. Mr. Ross had poisoned the environment and he was out. The case, argued by Doug Christie, went all the way to the Supreme Court. The Supremos even back then were hard core Christian haters. Sure, they agreed, Mr. Ross had the right to his religious views, just not the right to express them and hope to keep his job. The same nine Cultural Marxists would, a decade or so later, dream up the obligation of “reasonable accommodation.” If some Sikh wants to pack his dagger to go to school, despite a zero weapons policy, we must make reasonable accommodations for his peculiarities. But, in this environment of inclusiveness and “reasonable accommodation” there was no room for a Malcolm Ross. All the while, Mr. Ross was reviled in a host of news stories and was even the object of semi-obscene cartoons that mocked his Christian faith.
So, Malcolm Ross, with a young family, was out of a job. It would be understandable if he were bitter or angry. But, he picked himself up, did other work and persevered. His deep Christian faith and belief that what he had written was true and right make him a serene and happy man. Not jumping up and down happy as a person who has just scored a big win in a lottery might be, but profoundly secure and happy.
I too felt elated that what CAFÉ had done with our very costly intervention and the powerful factum (brief) and presentation of our lawyer Andy Lodge would have a good effect. We had come to preserve a man’s right to pass on his estate to a group whose views might be unpopular or politically incorrect. I wondered how the lawyers on the other side felt. On one level, happy, I suppose because they could pocket fat fees from their well-funded backers. But how could they feel about trying to hijack a will and replace a man’s wishes with the politically correct whims of the moment?
The Year Ahead
We are already deep into the McCorkill case. This case MUST be won or meddlers and troublemakers may try to hijack a bequest to any group. We have made a strong case and await the judge’s decision.
I was asked to testify last September at the Warman v Mark and Connie Fournier libel trial. It went dreadfully wrong. The Fourniers and two other bloggers lost and were hit with a judgement of $143,000, which included hefty costs to pay Richard Warman’s legal bills. They are appealing. Canadian libel law is so loosey goosy that a website owner can be made liable for comments posted by anonymous writers on the site. Another libel case involving the Fourniers is now in progress. Marc Lemire reports: “Defamation law in Canada is a glaring example of the archaic state of our laws. This week in an Ottawa courtroom, two Internet bloggers – who both use pseudonyms – are going to state their case before a judge. In one corner is the defendant, an inveterate blogger who uses the pseudonym Peter O’Donnell (AKA Roger Smith) who is being sued for saying that another pseudonym “Dr Dawg” (AKA John Baglow) is “one of the Taliban’s more vocal supporters”. And caught in the middle are Mark and Connie Fournier who ran a message board called FreeDominion, where one alias apparently defamed another alias in a back and forth message thread.” CAFÉ is beginning to lobby for changes to this law.
CAFÉ continues to publicize Brad Love’s 11-year ordeal and efforts to continue to gag him. I have had articles published in a number of papers about his plight. Canada continues to back and publicize Terry Tremaine’s 10 year battle against Sec. 13 “human rights” (Internet censorship) and Sec. 319 (“hate law”) charges. The Sec. 319 charges were stayed in 2012, thanks to Doug Christie’s heroic efforts. On May 28/29, the last episode in his case will be his appeal against his sentence in a “contempt of court” charge brought against him, as were all the others, by Richard Warman.
And, of course, there is Arthur Topham. As of March 13, he faces a full blown trial on “hate charges” for comments, some of them satirical, on his website Radicalpress.com. He is also threatened with horrific bail conditions, including having to shut down his Radicalpress.com website and to post NOTHING on the Internet. CAFÉ will be helping and advising him at the hearing date, April 9 in Quesnel, British Columbia. The date for the trial has not yet been set.
One of our biggest challenges is to alert more people to the free speech cause – to turn them on to freedom and to make them aware of the very real threats to free speech and free thought in Canada. We have already held meetings in five provinces – New Brunswick, Quebec, Ontario, Alberta and B.C. this year. Our publicly advertised meeting in St. John attracted a number of new people to the cause.
We are proud of the CAFÉ website that we were able to construct because of your generosity – http://cafe.nfshost.com.
Your Support Pledge
And the well deserved praise “generosity” brings me to my request that you continue to support CAFÉ. None, and I mean none, of this activity is possible without the resources, without your financial support. We had initially budgeted $10,000 for the McCorkill will intervention. The costs have ballooned and now top $30,000. Many years ago, when I was much younger, a pompous old man wagged a finger at me and pronounced: “If it’s about freedom, it should be free.” What a fool!
Those seeking to crush free speech spend large sums of their money and the public money to pursue their goal. Similarly, defending freedom has serious costs – people’s energy, people’s time, people’s courage and, yes, the funding to make the activities possible.
I know, as in the past, I can count on your support and generosity. Please use the enclosed coupon and post paid envelope.
For freedom,
Paul Fromm
Director
CAFE, Box 332, Rexdale, Ontario, M9W 5L3
__ Here’s my donation of ____to help CAFÉ’s Spring programme.
__ Here’s my special donation of _____ to help CAFE pay off its legal bills in the McCorkill will case.
__ Please renew my subscription for 2014 to the Free Speech Monitor ($15).
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![Photo: Political Prisoner Brad Love Turned Down For Parole & All Outgoing Mail is Stopped
LINDSAY, March 5, 2014 "I have urged political prisoner Brad Love to change his name to WeiGuang Love, profess a fascination for carving off people's heads and eating their flesh and then plead that his bizarre behaviour is caused by voices speaking to him," says Paul Fromm, Director of the Canadian Association for Free Expression which has advocated for Mr. Love for over a decade. " In that case, Canada's nutty 'justice' system wouldn't be able to get rid of him fast enough or, as they put it, 're-integrate him into society.'"
However, Brad isn't the Chinese cannibal and the voices he hears are not from some whacked out deity mumbling to him but his own conscience and passionate concern for the land where he was born.
"I hadn't heard from Mr. Love for over a month," Mr. Fromm reports. "This is unusual as he sends frequent letters. About a week ago, I called his brother and determined that Brad was well and still looking forward to a date being set for his appeal against a draconian 18-month sentence for 'breach of probation' (sending information to several Toronto Jewish groups), where the usual punishment for such a minor infraction is 30 days."
On March 4, Brad Love called CAFE with double disappointing news. For the past month all -- well one or two letters did sneak through -- his outgoing mail to friends and supporters across Canada has been held by the prison authorities. Despite the fact that Peter Lindsay, Mr. Love's lawyer, has provided transcripts and documentation that a North Korean-style bail condition imposed in another matter last May in Alberta, that he not "communicate by post, e-mail or text" to any person, had been modified and no longer applies, and despite the fact that, on February 4 the Crown withdrew a charge of "breach of undertaking" (bail conditions) in this matter, referring to a letter Mr. Love had sent to his own lawyer, the message hasn't apparently reached other wings of the "justice" system. The system reminds one of the legendary dinosaur with a brain in his tail and that it took many minutes for an impulse, say something seen, to travel to the beast's far off brain.
On February 3, the Crown, now presented with the documentation which confirmed what Mr. Love had asserted all along, withdrew the charges. However, the message still hasn't reached the beast's tail-bound brain.
On March 4, Mr. Love was turned down for parole. He was actually due for parole in December -- after serving one third of his sentence. However, because he has the bogus "breach" charge hanging over him, he could not apply. His hearing was March 4. The parole board panel scolded him: "Mr. Love, when did you intend to stop writing letters?" BUT, one almost wants to scream at the slow witted beast, "HE IS NOT FORBIDDEN TO WRITE LETTERS."
As in the old Soviet Union, the "politicos" are always treated the most harshly. If he were Vincent WeiGuang Li, the system wouldn't be able to release Brad fast enough. (The human cannibal was recently granted unescorted day passes and will no longer have to stay in a secure ward -- all this just six years after he beheaded and partially ate Tim McLean, a fellow bus passenger he had never met. Those pesky voices, you know, told him to do so.
On March 4, Peter Lindsay filed for a date for the appeal against Mr. Love's sentence, which is nearly half served.
Much evil is done in the name of "security". We can't send political prisoner Brad Love books -- he's a voracious reader. So, CAFE is sending him Pat Buchanan's book Suicide of a Superpower, chapter by chapter, one a week. The pages are reduced, four to one side of a letter-size piece of paper and printed on both sides of the paper.
On March 5, we received a form from the prison. We won't deign to call this unsigned fill-in the blanks piece of paper a letter. Dated, February 27, it advised that "per the Ministry of Correctional Services Act (R.R.R.O, 1991, Reg. 778,s. 17(1), letters with stickers, significant amount of correction fluid, or attachment(s) adhered with glue ... are not accepted." The original printed was smudged in several places. So, several thin strips of paper with a more legible copy of the smudged line of print had been lightly glued over the original. Apparently, not acceptable.
Are you feeling any safer yet?
A newsy personal letter had accompanied the chapter reprint. It too was returned. The CEEC form further stated: "The CEEC [Central East Correctional Centre] will not separate the contents of any envelope. It is your responsibility to make efforts to prevent this type of unacceptable material to be transmitted through correspondence at CEEC." In other words, the well paid "security department" and snoops are just too damned lazy to hand the unobjectionable letter on to the prisoner.
No we don't expect prisons to be a vacation. Yes, many of the liberties of the inmates are curtailed, but the receipt of mail is not just a human right but it is also important for prisoner morale and, very likely, for reducing frustration and tension in the institution.](https://fbcdn-sphotos-h-a.akamaihd.net/hphotos-ak-ash3/t1/s851x315/1620489_281853698647544_1534193175_n.jpg)
![Photo: Brad Love -- Another Two Weeks in Jail Waiting for the Crown to Get Documents
LINDSAY, January 20, 2014. At mid-afternoon, the court could hear the clanging of chains from behind the door leading down to the cells. Brad Love's distinctive voice could be heard talking to the two burly prison guards in bulletproof vests. The door opened and there was the prisoner in leg chains -- a dangerous letter writer, accused of sending a letter to his lawyer!
Mr. Love, already in prison for five months awaiting an appeal date for a May, 2012 conviction and draconian sentence of 18 months for breach of probation -- sending information packages to four Toronto Jewish groups -- was charged by police on November 28 for writing to his own lawyer.
Bail conditions stemming from a charge last May for sending "scurrilous material" and harassing several media people and politicians in Fort McMurray forbad him to "communicate by post, e-mail or text" with anybody. [Yes, such tyranny was imposed in Canada!] With CAFE's help and legal research, Mr. Love appeared in Court in Fort McMurray, July 11, 2013 and had the bail conditions amended so that he was forbidden to communicate only with the parties involved in the complaint against him -- a significant victory.
The Crown, however, despite Mr. Love's court appearances December 19 and January 2, seems unable to locate the transcript of the order.
Crown prosecutor Lucas O'Neil said: "I understand the issue is whether there was a variation. Since the last court date [thanks to Peter Lindsay, Mr. Love's lawyer in the appeal] we have received a certified copy of the information and it's our belief the condition remains in effect. I can advise that I will review the file and reconsider before we go to trial. I would accept a guilty plea and a three month sentence consecutive with the time already served."
Mr. O'Neil charged that Mr. Love "had been cautioned about the conditions on the recognisance on November 19 by an investigative officer with the OPP. Yet, still he wrote a letter to his lawyer and inside was a second envelope with letters to the Toronto Star and MPs, with a handwritten note asking that these letters be forwarded."
Mr. Love, acting as his own counsel, retorted: "Any mail from prison to my lawyer is privileged under the Charter of Rights and freedoms. On July 11, I was granted an oral amendment of my bail conditions. It is being transcribed as we speak. Eighteen days ago, the Crown told me to breach what they are arguing is my recognisance by contacting my lawyer" to obtain the transcripts from Fort McMurray! Mr. Love urged the judge to dismiss the charge and complained: "I still have no appeal date. This matter has been going on far too long. This charge is holding up my appeal."
Referring to the offer of a guilty plea and three months in prison, Mr. Love rejected the deal: "Three months is a little harsh for a breach, when others get far less for violent acts."
The judge Mr. Justice McDougall said: "There is no such thing as an oral amendment."
Mr. Love said the transcript of the July 11 hearing and amendment was being prepared in Alberta."
The judge then asked the Crown a hitherto unconsidered question that struck a layman as painfully obvious: "Did anyone ever ask if this order was over-reaching?" -- a polite way of saying wildly unjust and unfair."
The Crown seemed flustered: "Mr. Love agreed to it" (in order to obtain his freedom and return to work). I can make some further inquiries."
A frustrated Mr. Love demanded: "I want this settled today. Nothing in the court documents sent from For McMurray deals with the July 11 hearing. This matter is holding up my life. I ask that the charge be withdrawn."
"I cannot do that," said Crown O'Neil. "I will make further inquiries about the oral variation."
So, the matter was put over until February 3.
Speaking to CAFE the next day, Mr. Love described a case where a prisoner was charged with assaulting police. The Crown wanted a 55 day sentence. Yet, for writing a letter to his own lawyer, the Crown was demanding 90 days for Mr. Love. Political dissidents in Canada are always treated more harshly than violent run-of-the-mill criminals.
.
Reviewing the previous day in Court, Mr. Love said: "I got them to admit they had opened my mail sent to my lawyer from prison."
He also said that, when he appeared before the judge in Alberta, July 11, the judge agreed that the condition that Mr. Love was not to write, e-mail or text anyone was extreme. The amendment of the bail condition was oral, but "it is now being transcribed into paperwork,. Peter Lindsay has paid for it to be transcribed."
In another development, Mr. Love had complained to the Ontario Ombudsman's office about the opening of his mail to his lawyer. "I received a snarky answer: 'Mr. Love you are under Court order not to write or contact anyone!'" Actually, the original bail conditions only prohibited writing, not phone calls. -- Paul Fromm](https://fbcdn-sphotos-f-a.akamaihd.net/hphotos-ak-prn1/t1/p480x480/1601069_266357673530480_90661019_n.jpg)