Tag Archives: “hate law”

Setback for Censorship: B.C. Judge Refuses to Gag Dissident Topham Before “Hate” Trial

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Setback for Censorship: B.C. Judge Refuses to Gag Dissident Arthur Topham Before “Hate” Trial
Radical Press Legal Update #8
January 4, 2012

Dear Supporters of Freedom of Speech,
January 3, 2013 was a good day in B.C. and across the nation for those who have taken up metaphorical arms in defence of Canada’s fundamental right to freedom of speech on the Internet.
Here in B.C. and out in Ontario those battling against the forces of media censorship and repression were, in both cases, successful in their efforts and thus, for once, I have only positive news to report.
During the last court appearance in December presiding Judge Church, after hearing arguments from both the Crown and Defence regarding the Crown’s rather strident and persistent effort to reimpose the original bail conditions that were placed on me by Cst. Terry Wilson of the BC HATE CRIME TEAM back on May 16, 2012, reserved her judgement on the issue until January 3, 2013.
My lawyer Doug Christie attended by telephone from Victoria, B.C. and  my wife  and I were in the Quesnel Court room at 1:30 p.m. to hear Judge Church’s decision.
The Judge first gave an overview of the Crown’s arguments and those of Defence lawyer Mr. Christie before presenting her own position on the issue. According to Judge Church the Crown’s basic argument was that while I had legally resumed publishing on RadicalPress.com on November 2, 2012 I was still publishing material that the Crown felt was of the same calibre as that originally complained of by Harry Abrams and Richard Warman. To back up Crown’s argument Crown counsel Jennifer Johnston had submitted to Judge Church on December 19, 2012 a couple of screen shots taken from the radicalpress.com website that had supposed controversial headings which CC Johnston felt were significant enough that they warranted reinstating the original draconian restrictions that Cst Terry Wilson had unilaterally saddled me with on the day of my arrest in May.
Having considered these apparently pithy examples of willful promotion of hatred against “people of the Jewish religion or ethnic group”  Judge Church went on to say that while the screen shots may have (as Crown was alleging), indicated an “undertone” of hatred toward those of the Jewish faith, Crown had not gone so far as to state that the captured text was in fact hateful. Furthermore, Crown had not disclosed to Judge Church any additional corroborating information pertaining to the screen shots in question which Crown was alleging were displaying such sentiments and so, according to the Judge, she had no way of determining whether or not the screen shots or the accompanying articles were, in fact, contravening sec. 319(2) of the CC of Canada.
Judge Church then went on to review Defence council Doug Christie’s arguments which basically stated Crown was attempting to pre-judge the published materials before a trial was held to determine whether or not they were in truth a contravention of sec. 319(2). It was also established that I am, in fact, a publisher and that under Canada’s constitution I have the right to publish articles deemed to be of interest to the general public and until such time that said articles are proven in a court of law to have contravened Canada’s hate crime legislation that my right to publish should not be pre-emptively prohibited simply because of allegations of wrong doing by those who feel particular materials are wilfully promoting hatred toward an ethnic minority. Throughout the course of her comments the Judge referred to the cases cited by both Crown and Defence during the previous hearing on December 19, 2012.
Another issue that had come up on December 19, 2012 was that of Disclosure. The Crown had then argued that they were withholding disclosure from my attorney because of a breach of protocol that had occurred back in the summer when a confidential document released to Doug Christie was later found to have been posted on a third party website (FreeDominion.ca). The Judge went on to describe the event which had to do with what is called a “Warned Statement” which was a digitally recorded conversation between myself and the arresting officer Cst Terry Wilson on the day of my arrest. The Crown alleged that the breach (committed by me due to ignorance of the nature of the document) posed a serious threat to the safety of the two complainants in the case Warman and Abrams and for that reason Crown had filed a further application demanding that my lawyer not provide me with any further disclosure because I might intentionally publish it or give it to someone else who might publish it and in the process endanger the complainants. CC Johnston had cited the case of the Basi-Virk Trial involving the BC Rail/BC Liberal government scandal as reasoning for her allegations.
The Judge then went on to state that the case law cited by Crown in fact dealt with examples where secondary parties who were testifying may have been at risk but that in my case it was information which I personally had given to Cst. Terry Wilson and was, as my lawyer had stated, not of the same nature and certainly did not pose any direct threat to either of the two individuals who had complained to the RCMP. As such the Judge did not feel that the Crown’s argument that Mr. Christie be restricted in sharing disclosure with me was valid.
Judge Church also considered Doug Christie’s counter argument that it would be an unreasonable and onerous position to be placed in were he not allowed to share the information in any disclosure with his client unless I was under his direct supervision given the fact that he was in Victoria and I was 700 km away in Quesnel. Mr. Christie had indicated on December 19, 2012 that he and his client would be more than willing to sign an undertaking prohibiting me from disclosing any further confidential information in order to insure that no such breach occurred a second time. The Judge was able to see the logic of Mr. Christie’s arguments while at the same time dismissing Crown’s position that the breach in question could have endangered the two complainants and went on to say that while she would not be imposing the two original conditions that prohibited me from publishing on radicalpress.com or writing articles for publication wherever I so chose she would be issuing an order that would make it illegal for me republish any further disclosure. At this point she also stating she would not impose upon Mr. Christie the condition that he be in attendance whenever disclosing confidential documents to me.
Having read out her decision regarding the matters at hand the Judge reinstated the new bail conditions and asked me if I understood them. I acknowledged that I did. As such here are the new bail conditions which I am now to legally abide by:
CONDITION ONE: You shall keep the peace and be of good behaviour.
CONDITION TWO: You shall have no contact or communication, directly or indirectly, with Richard Warman or Harry Abrams except as follows: (a) while in attendance at court; (b) through legal counsel.
CONDITION THREE: You shall not possess any weapon as defined in Section 2 of the criminal Code except for purposes directly related to your employment.
CONDITION FOUR: You shall not distribute, circulate or share all or any part of the Crown disclosure material with any person or organization.
CONDITION FIVE: You shall not publish or post all or any part of the Crown disclosure material on any internet site that can be read by the general public.
Having listened to the conditions of the new undertaking and given my consent to obey them the Judge then concluded the hearing. My wife and I then went for coffee and returned later to the Court Registry office where the undertaking was waiting for my signature. After signing it and obtaining a copy we left the building.
Included in the new undertaking was a notice stating that I would appear in court on April 2, 2013 at 1:30 pm PT in Quesnel for the preliminary hearing.
For some unknown reason Crown counsel Jennifer Johnston was absent from the court room and another assistant Crown counsel was sitting in for her.
So by all indications it looks like I will finally have some temporary respite from all the legal machinations that have been occurring over the past three months and I can focus on raising funds and adding further information to radicalpress.com that will assist others in understanding both the importance of this case and why it is that Canadians must sit up and pay much more attention to what these foreign lobbyists are doing to wreck our inherent right to freedom of expression and censor any and debate that focuses on the criminal and racist actions of the state of Israel and its dangerous and supremacist ideology known as Zionism.
Sincerely
Arthur Topham Publisher & Editor The Radical Press “Digging to the root of the issues since 1998”
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NOTE: The struggle to retain our inherent right to freedom of speech doesn’t come without costs both financially and otherwise. Out of necessity, I am forced to ask for financial assistance in this ongoing battle with the foreign interest censors who are determined to stop all freedom of expression in Canada. Due to the fact that the Crown is refusing to give the required disclosure to my lawyer I am not able to apply for legal aid. This leaves me in the unenviable position of having to rely solely upon donations to pay for my legal expenses.
As of January 3, 2013 there are additional costs to those already incurred that now stand at $5,222.79 still owing on Mr. Christie’s account. Given my minimal monthly pension of approximately $1400.00 out of which I must pay my mortgage and utilities and insurance on home and vehicles (this doesn’t cover additional costs for fuel and food) which come to approximately $1200.00 one can see that it’s virtually impossible for me to cover these expenses without further assistance from supporters.
As such I would once again implore readers to give serious consideration to helping me out by either sending a donation via PayPal using either a PayPal account or a credit card or else sending a cheque or Money Order or cash to me via snail mail at the following postal address. Cash of course also works. Please don’t make the cheque out to “RadicalPress” as that account is no longer available to me.
Arthur Topham 4633 Barkerville Highway Quesnel, B.C. Canada V2J 6T8
To access my PayPal button please go to either the Home Page at http://www.radicalpress.com or my blog http://www.quesnelcariboosentinel.com The PayPal button is up on the right hand corner of the Home Page on either site. Feel free to click on it.
Sincerely,
Arthur Topham Pub/Ed The Radical Press

Now, the Thought Police Are After Ezra Levant for Criticisms of Gypsies

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Now, the Thought Police Are After Ezra Levant for Criticisms of Gypsies

“Hate laws” exist to shield privileged groups from criticism and to shut down or stifle debate on key topics, like immigration. Beginning in the 1930s, the Canadian Jewish Congress began lobbying mightily for “hate” laws. Finally, in 1970, thanks to socialist Pierre Trudeau, they succeeded and we got Canada’s notorious “hate law” — Sec. 319 of the Criminal Code.

The latest potential victim is Ezra Levant, himself Jewish but no admirer of the Canadian Jewish Congress. Levant is a lawyer, writer and news commentator on Sun News television.

The delightful thing about “hate laws” is that a privileged minority can holler “hate” and now their critic becomes the object of attack. It’s an old sleazy lawyer’s trick: accuse the accuser. The neat thing is, by whooping up this noise about “hate”. the privilege group avoids having to answer or refute the criticism or deal with unflattering facts because the mere mention of these facts is “hate.”.

The Toronto Star (October 24, 2012) reported:” A complaint about broadcaster Ezra Levant’s rant that likened Gypsies to ‘swindlers’ has prompted a Toronto police investigation. Toronto’s Roma Community Centre, which has called the rant ‘vertly racist, prejudicial, and demeaning,’ lodged the complaint with police on Oct. 11.
Const. Wendy Drummond confirmed Toronto police had received the complaint and were investigating the comments aired on Levant’s Sun News show, The Source, on Sept. 5.

An Oct. 15 statement from Roma Community Centre executive director Gina Csányi-Robah described Levant’s comments as “nearly nine minutes of on-air racist hate-speech targeting our community.” Early in Levant’s segment, “The Jew vs. the Gypsies,” he likened Gypsies with ‘swindlers,’ and said ‘too many have come here as false refugees.’ Levant attempted to qualify his comments by saying politically correct terms are being used to obscure the truth.

Csányi-Robah said called the comments “one of the longest and most sustained on-air broadcasts of hate-speech against any community in Canada that we’ve witnessed since our organization was established in 1997.”

Levant argued: “‘These are gypsies,’ he tells us, ‘a culture synonymous with swindlers. The phrase gypsy and cheater have been so interchangeable historically that the word has entered the English language as a verb: he gypped me. Well the gypsies have gypped us. Too many have come here as false refugees. And they come here to gyp us again and rob us blind as they have done in Europe for centuries. . . They’re gypsies. And one of the central characteristics of that culture is that their chief economy is theft and begging.” (Toronto Star, September 15, 2012)

Forget all the fog about “hate”: the only relevant question is whether what Levant said was true. Do Gypsy “refugees” — not all, of course — commit many crimes, especially theft and shoplifting? Even though our press tends to downplay immigrant crimes, or, as in a recant television news story about Gypsy gangs descending on stores to shoplift that identified the bizarrely dressed perpetrators as dressed in Eastern European costumes, there have been many reports of considerable criminality among the Gypsy “refugee” claimants, many who seem to hit the ground thieving not long after they land.

Even Bernie Farber former CEO of the Canadian Jewish Congress, in a feverish denunciation of Ezra Levant, reluctantly admitted: “There will always be those who claim the Roma engage in lawlessness and crime. And in Europe, statistics do demonstrate a significant increase in theft by those living in Roma encampments. These numbers have been used by French authorities to justify large scale deportations of Roma.|” (National Post, September 25, 2012)

“The Canadian Border Services Agency is asleep at the wheel allowing more than 400 alleged Roma gypsies – many of whom have extensive criminal records – into the country and specifically the GTA, critics say.
This week, the Durham Regional Police Service confirmed they had arrested 34 people and laid 263 charges in the largest investigation of its kind in the region,” CNEWS reported (September 8, 2012)

.

“Former Conservative MPP Toni Skarica, an Ontario Crown Attorney who, speaking at a parliamentary committee, said Roma refugees from Hungary come to Canada because ‘we have the most generous welfare package for refugees in the world. That’s why they’re coming here, because they get the best deal here.’” (Toronto Star, September 15, 2012)

Immigration Minister Jason Kenney has repeatedly denounced the wholesale welfare scamming being perpetrated by many Gypsy “refugee” claimants. And, as to Ezra Levant’s charge that many are phoney refugee claimants, that is the conclusion of the Canadian Immigration and Refugee Board, which rejects the overwhelming number of claims. Think about it. Hungary is a democratic country and part of the European Union. If Gypsies felt persecuted in Hungary, they could move, let’s say to Germany. The rub is that, while they get welfare and many social benefits including housing in Hungary, most other European countries would require them to work. They would not get welfare. So, hey, head to Pollyanna Canada, say the magic “:refugee” word, scarf up welfare and other social services and maybe do a little bit of thieving on the side.

A healthy nation would not rely on political police to investigate “hate.” We should have a full debate. Let the complaining Gypsy leader Gina Csányi-Robah offer evidence that her people are not disproportionately involved in shoplifting Perhaps, she can bring forth evidence that the shoplifting is really being perpetrated by clever Icelanders in dark face, dressed up in “Eastern European folk costumes.”

A full 98 per cent of Gypsy refugee claims worldwide end up in Canada and the vast majority of these claims are abandoned or rejected.

The government is bringing in new legislation to limit Gypsy “refugee” claims. Immigration Minister Jason Kenney ” hopes to create a list of countries that generally don’t produce refugees, to make it easier for the Canada Border Services Agency to separate unfounded refugee claims from those that have merit. Hungary, where a bulk of Roma refugee claims come from – and from where the vast majority are abandoned, withdrawn or rejected – would be on that list. ‘Countries whose nationals have an acceptance rate of 25% or less, or where 60% or more of claimants from a country have abandoned or withdrawn their claims … would be subject to designation,’ he said.” (CNEWS, October 16, 2012).

Canadians seem to approve. They were asked: “Do you think the federal government should attempt to limit Roma refugee claims?”

An overwhelming 85.7% said yes; 10% said no; and 4% were not sure.”? (CNEWS, October 16, 2012).

Anti-Zionist Publisher Arthur Topham Still Gagged After Five Months, Still No Charges Laid

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Anti-Zionist Publisher Arthur Topham Still Gagged After Five Months, Still No Charges Laid
We do things a little differently in Canada. We don’t shoot dissidents in the streets or send them off to torture chambers. Still our political establishment, the police who serve (not you, silly, but) their political masters and protect (not you, silly, but) their pension plans, and the Zionist lobbyists who have pressed for and defended our anti-free speech laws find ways to throttle dissidents just the same.
Last week Canada Border Service Agency stopped Rev. Terry Jones who was on his way to Toronto to participate in a debate on Islam. Yes, he’d threatened to burn the Koran in protest against Islamic terrorism several years ago. CBSA resorted to goonery and legal knit-picking to send him packing. They tore his car apart for four hours — perhaps, the Reverend Sir had hidden a Bible. They invaded his laptop and cellphone. They then alleged he’d committed fraud fraud in Germany claiming to be a PH.D. The charge was later cleared when he explained to the German authorities that his doctorate was honourary.
In a country where politicians routinely lie — remember the B.C. Liberals promising no HST before the last election, then promptly doing a deal with the feds and bringing the HST in — this slight confusion seems remarkably petty. But, whatever, It served their purposes and Rev. Jones was kept out of the country,
Arthur Topham is a freethinker who for years published The Radical Press as a newspaper and, for the past few years, as a website. One of his key concerns has been Zionism. B’nai Brith activist Harry Abrams of Victoria brought a complaint under Sec. 13 (Internet censorship) of the Canadian Human Rights Act. However, with Marc Lemire’s stunning Victoria in September 2, 2009, get Sec. 13 declared effectively unconstitutional, the charges have been adjourned.
Still, Abrams and, apparently, arch complainer Richard Warman filed a complaint under Sec. 319 of Canada’s Criminal Code., the notorious “hate law.” In May, Arthur Topham’s home was raided, he was jailed, and his computer taken. He was forced to sign an undertaking — although no charges had been laid — not to write his views on the Internet, not to communicate directly or indirectly with Harry Abrams or Richard Warman, and to surrender his hunting rifles, even though he lives in and pursues placer mining in an area with a large bear population.
Mr. Topham reports that he has succeeded in getting his conditions modified a little. He needs your help. Here is a recent message slightly edited from Mr. Topham.
Paul Fromm
Director
CANADIAN ASSOCIATION FOR FREE EXPRESSION

Arthur Topham, Publisher, RadicalPress.com
October 17, 2012
Now that the censors have lost their opportunity to jail Terry Tremaine for “hate crimes” it’s likely that they’ll be trying to nail me to the cross for this same phony, anti-democratic charge.
——–

I was arrested by the Royal Canadian Mounted Police (RCMP) back in May of this year. The charge that was alleged against me was what has now become the Zionist’s standard fare around the world for gaining control of free speech on the Internet – committing a “hate” crime.
As a result of these trumped up charges laid by two of Canada’s most notorious serial complainers – Richard Warman and Harry Abrams – I was put in jail and my home later invaded by the “BC Hate Crime Team” set up to track and destroy any dissidents who criticize either the Zionist ideology or the policies of the state of Israel) and all of my computers and electronic files taken by the said “Hate Crime Team” led by Det. Cst. Terry Wilson and his second in command , Cst. Normandie Levas.

BC “HATE CRIME TEAM” Cst. Normandie Levas & Cst. Terry Wilson
Given that I was never formally charged by the Crown that didn’t stop “Captain Hate Crime” Wilson from arbitrarily imposing extremely severe restrictions on me before releasing me from prison. I was ordered not to go on the Internet or e-mail anyone other than those few individuals who I was working with in a private business venture.
Foremost was the order not to post any more articles on the web. The reason for this? Why, according to the police, to stop me from committing further offences. In other words I was already guilty of “crime” and, so, I had to be prohibited from committing more offences! But the real reason was to keep me quiet while the police were busy going through all of my private communications with friends and associates from around the world. I had thousands upon thousands of letters stored in my machine that the police were desperate to get a hold of and snoop into. So desperate in fact that they were willing to obtain an search warrant from a Judge based upon erroneous evidence in order to justify their actions.
After 911 the Zionist insiders were further able to have an additional clause added Sec. 13 of the Canadian Human Right Act,that draconian law, stating that it was a hate crime to post anything on the Internet that might hurt the feelings of the Zionists. It was that section of legislation, known as sec. 13, that was first used against me and my website RadicalPress.com back in the year 2007.
What followed was a five year quasi-legal battle with the Canadian Human Rights Commission and its Tribunal. They wanted my website shut down in the worst way and heavy fines imposed on me and an order to prevent me from writing anything further on this criminal cartel that’s destroying world harmony.
Eventually, because of public outcry, the federal government of Canada on June 7th, 2012, voted to scrap this specious piece of Zionist legislation and the case against me was finally thrown out. However,with the pending repeal of Sec. 13,I was not the victim of a complaint under the Canadian Criminal Code using Section 319(2) which states, “Wilful promotion of hatred”. It was this charge that landed me in jail back in May and was responsible for the theft of all of my computers and files and the state (Crown) order to not post or go on the Internet.
Eventually my lawyer Doug Christie was able to have the conditions of my Undertaking altered so that now I can send e-mails to friends and associates but I am still not allowed to write articles and post them anywhere on the web. This is why I can now send you a letter explaining why I have not posted on my website or written to people for the last 6 months.
Now the most outlandish and scary aspect of this ordeal is that to date, one hundred and fifty-five days after my arrest, I still have not been charged formally with this offence! Yet, the police and the state have effectively silenced me and prohibited me from publishing anything at all.
Free speech: only in Canada you say? NOT BY A LONG SHOT!
I’m a senior citizen (65 years old) living on a very small pension). Anyone wishing to donate to help with my legal expenses can send funds to:
Arthur Topham
4633 Barkerville Hwy
Quesnel, B.C. Canada
V2J 6T8
“Digging to the root of the issues since 1998”
To donate via PayPal please go to the following website www.quesnelcariboosentinel.com and click on the PayPal button on the top right corner of the home page.

Judge Ponders Sending Dissident to Prison for Not Shutting Down His Website

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Judge Ponders Sending Dissident to Prison for Not Shutting Down His Website

VANCOUVER. October 10, 2012. A controversial website http://nspcanada.nfshost.com. may soon disappear and many postings by a Regina university lecturer may be removed from STORMFRONT, if Canada’s thought control advocates get their way.

A federal judge was asked to jail Internet dissident and webmaster Terry Tremaine for months or until he breaks and removes a controversial website. After a tense morning of demands for the jailing of a man who has posted politically incorrect opinions on the Internet and equally strong submissions by his lawyer Douglas Christie decrying censorship and bullying by the state, Judge Sean Harrington adjourned court and reserved judgement in Mr. Tremaine’s contempt of court hearing here.

Representing the Canadian Human Rights Commission Daniel Poulin urged an 85 day term of incarceration for Mr. Tremaine or until “the original material found to be offensive” under Sec. 13 of the Canadian Human Rights Act (now repealed by the House of Commons) is removed. He argued that leaving the postings complained of was violating a Human Rights Tribunal’s order to “cease and desist.” In a further demand that had Internet savvy listeners shaking their heads, he insisted that Mr. Tremaine must remove his signature block from his more than 3,000 posting on Stormfront, where he posted under the name “mathdoktor99” because it provides the web address of his website. He then seemed to go further and said: “The only way to ensure the material is not repeated is to remove the website,” even though it was acknowledged there were several thousands of postings and audio and musical items, only a few of which formed the basis of the 2005 complaint by Richard Warman.

Mr. Poulin charged that Mr. Tremaine “knew he was ignoring the cease and desist order and he did so purposefully.” So, in Mr. Poulin’s submission, Mr. Tremaine is to be ordered to take down his website and write to STORMFRONT to remove material deemed offensive in the Tribunal’s order.

How, the judge asked, is Mr. Tremaine to “purge his contempt and remove material from the Internet” if he is in jail?

“He can have his lawyer do it or hire a consultant,” Mr. Poulin shot back.

Further, “if he fails to remove the website after 85 days, he must transfer the website to the Canadian Human Rights Commission. We’ll remove it and make it a blank page.” And then the final kick at Mr. Tremaine, who was rendered penniless after Richard Warman complained to the University of Saskatchewan long before the initial complaint was adjudicated and cost Mr. Tremaine his job. “While we recognize Mr. Tremaine’s ability to pay is limited, we seek costs.”

Richard Warman who has hounded Mr. Tremaine with the original human rights complaint, a complaint to his employer, a criminal code Sec. 319 “hate law” complaint, and at least three contempt of court complaints rose to make his sentencing submissions.

Warman demanded a jail term of three to six months, even if Mr. Tremaine removes the website. “Deterrence and denunciation are important, given the five year extensive period of contempt. I’d be concerned if he was let out as soon as he purged his contempt,” Mr. Warman continued.

Then, warming to his subject, he harrumphed: “There is the self-evident seriousness of Mr. Tremaine’s trying to alienate control of his site. It boggles the mind to think of anything so contemptuous of the court.” He referred to the startling revelation in court the previous day that Mr. Tremaine was arranging to sell his website to someone in the U.S., which is not bound by Canada’s police state censorship laws. The judge issued an order preventing him from communicating the password to anyone else.

However, Judge Harrington interjected, “there is no law preventing him from selling his website.”

Warman also wanted the order to direct Terry Tremaine to write to archive.org to ask that their copy of his site be removed.

Mr. Warman, too, said he was seeking costs, even though much of his trip to Vancouver would have been paid for by the Commission which called him as a witness. “You’re here as a complainant who is also a solicitor,” the judge noted.

“I have a day job and have foregone that revenue and I practise also as a solicitor and have foregone that income. [Mr. Tremaine’s] inability to pay is not a reason for not awarding costs.
“

Mr. Warman, too, didn’t want the large number of innocuous postings on Terry Tremaine’s website to remain: “You’ll recognize the dangers of sifting the wheat from the chaff on the nspc website. It is much better to close it entirely. If we don’t, we’ll be back here again soon and this matter will never end.

Acting for Terry Tremaine Douglas Christie, who is also general counsel for the Canadian Free Speech League, pointed out that, since Marc Lemire won his tribunal case and got Sec. 13 declared effectively unconstitutional, until a federal judge upheld the law, but stripped of penalties, that the sky had not fallen. There were no serious adverse consequences. That judge’s decision may well be appealed. The Senate may soon pass the repeal of Sec. 13 and the Supreme Court decision on Whatcott is eagerly awaited. This case challenged the power of human rights commissions to restrict free expression. He urged the judge to delay sentencing until these decisions are in. “Parliament has already determined that this material is not illegal,” he said.

He reflected on the bizarre ruling of the Federal Court of Appeal: “Now you are liable for contempt of an order even before you are informed of the order.”

“Mr. Tremaine’s right to free speech is important. His freedom to speak is your freedom and mine as well.”

In a comment that would draw a sharp rebuke from Richard Warman and a threat to complain to the Law Society of British Columbia, Mr. Christie said: “Mr. Warman has made a career out of shooting cripples,” as a figure of speech. His victims are “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.”

“Tolerance,” Mr. Christie reminded the court, “is best as a virtue when it is practised rather than preached.”

“Is there an order for Mr. Tremaine not to sell his website to some American who wants it? What my friends really need is to abolish the 1st Amendment. My friends hunt down ideas they do not like. They want to add ‘remove’ if the order’s ‘cease and desist’ doesn’t mean that.”

He pointed out that a recent Supreme Court decision authored by Madam Justice Rosalie Abella held that a link is not libel.” Mr. Tremaine’s signature block on STORMFRONT.org is just a link and should not be ordered removed.

“My friends want the nspc website shut down so that Mr. Tremaine cannot be known. The objective is to eliminate thoughts.”

Mr. Warman, he argued, “didn’t have to be here. He’s a witness, counsel and plaintiff. He’s a voluntary participant. Now he wants costs which will haunt Terry Tremaine for life. He should not be entitled to costs.”

“There’s nothing illegal or immoral if the website is sold to an American. We don’t yet police the world. Unlike Canada, free speech really means something in the U.S.” He cited the case of a recent anti-Moslem video which sparked violence, riots and murder in the Middle East. Yet, no serious politician in the U.S. suggested banning it.

“Is it contempt of court to render yourself non-compliant” by trying to sell the website?” he asked.

“Mr. Warman’s proposal to put Terry Tremaine’s ideas down the memory hole is like most totalitarian states in the world.”

The clumsily worded human rights tribunal order enjoined Mr. Tremaine from “telephonic” communication. He did not engage in “telephonic” communication in the period in question: February – December, 2007, Mr. Christie said. “It is legitimate to communicate what is not specifically prohibited,” he added.

Mr. Christie denounced Mr. Warman’s “draconian, systematic totalitarian treatment of Terry Tremaine. He deprived him of his job, drove him into a mental hospital, refused an apology (which would have ended the human rights complaint in 2006) and kept him in litigation for years. Mr. Warman is a one-man anti-Nazi brigade.”

Urging a delay in handing down a judgement, Mr. Christie said: “Sec. 13 is on its way out. It won’t be around in a year. Terry Tremaine is not a bad man, He may have some bad ideas but he also has some good ideas that may benefit humanity.”

Concluding, Mr. Christie said: “Many people have suffered from these Warman complaints. Terry Tremaine has suffered well and truly enough since 2005. There is no need to make him suffer further.”

Judge Harrington reserved judgement.

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NEWMARKET, July 13, 2012. It was certainly a “Black Friday” for freedom of dissent in Canada today. One observer wondered whether this was Pnom Penh or Newmarket,. Late this afternoon in an almost deserted courthouse, after a gruelling seven hours of delays, Judge Kelly Wright sentenced letter writer Brad Love to 18 months in prison. Furthermore, “Mr. Love is to refrain from any political speech or commentary to any media outlet, political, cultural or religious group or organization, or police organization, except with the express written permission of a political or religious organization” that welcomes him as a member or associate and with the permission of his probation officer.

The 52-year old critic of Zionism and massive Third World immigration is, thus, effectively silenced — no letters-to-the-editor, no letters to newspapers or provocative tweaks to police chiefs or politicians.In addition, Mr. Love was also enjoined from any communication, direct or indirect, with the Canadian Jewish Congress, the League for Human Rights of B’nai Brith, Hillel, and Robert Tiffin, the Vice-President of the York University Jewish Students Union. Mr. Love was found guilty of sending information packages to these four, having called them to receive permission.

In 2006, now retired Mr. Justice Hogg imposed three years of probation during which Mr. Love was forbidden to write to anybody, without their prior consent. In May, Judge Wright ruled that the Jewish groups in question had not given “informed” consent when they told Mr. Love, who had not identified himself in phone calls, that he could send them his written material.

In sentencing Mr. Love, Judge Wright tore a strip off this dissident who, over the past 20 years, has penned more than 10,000 letters to newspapers and public officials. The judge agreed with Crown Vogel’s submission that Mr. Love was so dedicated to his views that he cannot be rehabilitated. Previous “court orders,” Judge Wright read in a staccato voice, “have had no effect in curbing Mr. Love’s propensity to share his hateful and hurtful opinions.” His actions, she added, “were deliberate and intentional” in sending material “that was hateful and hurtful of the Jewish community and reflected his deep-seated racist beliefs.”

The Crown, in her arguments, made it clear that the political gagging of Mr. Love was her goal: “Mr. Love, in the Crown’s submission, in a unique offender.” She indicated that her goal was “to prevent” Mr. Love’s “views from hurting other people. We need to protect the public from hateful, scurrilous material.” And, so, he must be silenced.

Patrick Leckie, Mr. Love’s lawyer, argued that the material sent to the Jewish groups was essentially private communication and there had been no victim impact statement or proof of any harm done. He also noted that the Crown had not charged Mr. Love with “hate” for those mailings. He also pointed out, as the Crown had admitted, that there was little case law to guide the judge in sentencing.

Just before the judge sent the letter]-writing dissident off for another 18 months in prison — his original sentence when convicted in 2003 under Canada’s notorious “hate law” Sec. 319 of the Criminal Code — Mr. Love briefly addressed the court. He pointed to the seats in the courtroom, empty except for Mr. Love’s brother and two members of the Canadian Association for Free Expression, which has backed the outspoken dissident, and a young policeman waiting to slap the handcuffs on him. “Where are the people who claimed to have been hurt or offended by my letters?” he demanded. “They’ve never shown up in the three years of this trial.”

He also warned that his sentence “would have ramifications in limiting the freedoms of other people who come after me.”

The judge adopted almost to a word the Crown’s sentencing requests and, as she had all through the trial which had stretched over three years, rejected all of the defence’s submissions.

Mr. Love will be seeking bail and release pending an appeal of both the verdict and ferocious sentence and an appeal of a rejected constitutional challenge to Judge Hogg’s original “over broad” order, Mr. Love’s lawyer Patrick Leckie said outside the court. “There’s no way Superior Court will endorse the terms of Judge Hogg’s order,” or this order, he added.

The day’s proceedings were a measure of Ontario’s sclerotic court system. The sentencing had been set down in a dedicated courtroom for 10:00 a.m. However, various remands and other matters delayed the Love matter until 12:30. By 1:00, it was time for lunch. Back at 2:15. A further recess had to be called to locate documents the Crown should have had for the file. At 4:10 the judge announced she’d need 20 minutes to consider her verdict. Court resumed at 4:48 and Mr. Love soon after 5:00 p.m was carted off to the cells and political silence, just like his dissidents in Communist China.

Columnist Andrew Coyne Calls for End to “Hate Law”

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Columnist Andrew Coyne Calls for End to “Hate Law”

For the third time in a week a major newspaper or columnist has called for the end of Sec. 319 of the Criminal Code, Canada’s notorious “hate law,” Now, that Sec. 13 (Internet censorship) of the Canadian Human Rights Act has been repealed by the House of Commons and is all but certain to pass the Senate, the remaining legal throttle on free speech on the Internet is the “hate law.” Today, the following excellent article by columnist Andrew Coyne appeared front page int he National Post (July 10, 2012) and the Saskatoon StarPhoenix, among other outlets.

Last week, in reaction to publicity CAFE had put out about the Terry Tremaine Sec. 319 case, moving its way at a glacial pace through the courts in Regina, the National Post picked up the story. On July 4, columnist Marni Soupcoff wrote a column entitled “Tremaine’s platform for neo-Nazi views helpfully provided by Canada’s criminal code.” While gratuitously slagging Mr. Tremaine, Soupcoff said: “The real problem lies with section 319(2) of the Criminal Code, which makes “willfully promoting hatred against an identifiable group” by “communicating statements, other than in private conversation” an offense punishable by prison time. The Supreme Court ruled in 1990 in the Keegstra case that the provision is constitutional. But the Tremaine case is reminding us that constitutionality doesn’t make a law sensible or desirable…..
The trouble starts once the government enters the equation, at the invitation of section 319(2), and sets itself up as the arbiter of whether Tremaine’s ideas are simply too offensive and disagreeable to legally abide. Suddenly, then, to counter this hefty power to subjectively vet a citizen’s speech and decide whether it should land him behind bars for a several years, the government forces itself into the position of having to provide Tremaine a far prettier platform than he’d ever have been able to achieve on his own.”

The next day, the National Post weighed in with an editorial questioning Sec. 319: “. However, he will now be treated to a media-publicized trial in a Canadian courtroom, in which he will be able to air his nasty views for the benefit of mainstream journalists.”

We can only hope that calls will continue and grow for Canada to be rid of this minority-inspired piece of censorship that would be more fitting in Red China or despotisms like Burma (or Myanmar, or whatever it’s calling itself this week.)

Paul Fromm

Director

CANADIAN ASSOCIATION FOR FREE EXPRESSION

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Terry Tremaine’s “Hate” Case Attracting Media Attention & Criticism of Sec. 319 (“hate law”)

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Terry Tremaine’s “Hate” Case Attracting Media Attention & Criticism of Sec. 319 (“hate law”)
CANADIAN ASSOCIATION FOR FREE EXPRESSION
P.O. Box 332,
Rexdale, ON.,
M9W 5L3
416-428-5308
The Editor,
THE NATIONAL POST.
Dear Sir:
Re: “Handing hatred a microphone,” (National Post, July 5, 2012), if this were any other than a highly charged political case, your headline and conclusion (“hatemongers such as Mr.Tremaine”) would have contained the mandatory “alleged” hatred. The Terry Tremaine trial on charges of “willful promotion of hate” hasn’t even started yet. Presumably, that’s what the trial will determine: whether or not Mr. Tremaine’s political opinions expressed on the Internet on several U.S. websites constitute “hate.”
I agree with your condemnation of Sec. 319 of the Criminal Code, Canada’s notorious “hate law.” You ask: “How many Canadians had heard of Mr. Tremaine before the charges against him were laid. … We hadn’t.” Your ignorance is a scandal.
The Canadian Association for Free Expression has sent regular report on Terry Tremaine’s travails over the past six years, including to your paper and many other media outlets in Canada..
Mr. Tremaine has been the victim of a political vendetta by Ottawa civil servant Richard Warman. In 2005, Mr. Warman launched a human rights complain against him under the now repealed Sec. 13 of the Canadian Human Rights Act. Before any tribunal had been convened., Mr. Warman approached Mr. Tremaine’s employer, the University of Saskatchewan with a complaint. Mr. Tremaine lost his job as a lecturer and was unable to afford a lawyer for the human rights Tribunal. Next, Mr. Warman launched a complaint with the Regina Police under Sec. 319 of the Criminal Cod – the case at hand.
For the past four years, Mr. Tremaine’s bail conditions have prevented him from posting his views on any “White supremacist” website. Too bad his name isn’t Wei Wei. This Chinese dissident was jailed and then stripped of his political rights for a year and was not allowed to talk to the Western media during that time. Many Canadian papers came to his defence and protested Red China’s denial of freedom of speech. Rightly so.
However, the always self righteous Canadian media is often silent with abuses closer to home. Mr. Tremaine has been gagged four times as long as Mr. Wei Wei, with no end in sight..
Paul Fromm
Director
CANADIAN ASOCIATION FOR FREE EXPRESSION

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