Jewish Groups Furious That Lawyer for A Man Charged With “Hate” Allowed to Question the Holocaust In Court

[For more than 30 years, Jewish groups lobbied and arm-twisted to induce Canada under Pierre Elliott Trudeau to introduce a speech control law to shield them (and some other privileged minority groups) from sharp criticism. This is Canada’s notorious “hate law”Sec. 319 of the Criminal Code. A Quebec man Gabriel Sohier Chaput is the latest victim of minority thought control. Yet, his lawyer Helene Poussard argued for his acquittal on the grounds that he Crown had failed to prove a link between Nazi ideology and the deaths of many Jews in WWII. Jewish groups are apoplectic that any shred of doubt can be shone on the Globalist elite’s new religion of holocaust. — Paul Fromm]

The hate-speech trial of Gabriel Sohier Chaput concluded in Montreal with his lawyer raising doubts about Nazism and the Holocaust

November 28, 2022

By Janice Arnold

Gabriel Sohier Chaput (Credit: B’nai Brith Canada)

The lawyer defending an alleged promoter of hatred against Jews told the judge hearing his case that the fact that the Holocaust was the consequence of Nazism cannot be entered as evidence without proof.

Hélène Poussard argued that her client, Gabriel Sohier Chaput, who faces one count of wilful incitement of hatred against an identifiable group, cannot be found guilty because the prosecution did not provide sufficient proof of a direct link between Nazi ideology and the eventual murder of millions of Jews.

At the final day of Chaput’s trial on Nov. 25, Poussard said the very definition of Nazism remains vague and the use of the term today may be different from what it was in the 1930s and ‘40s.

The extermination of Jews was not part of the Nazi regime’s original plans she asserted but was adopted for “economic” reasons later on.

She further argued that not all Nazi party members were in favour of the extermination of the Jewish people and, conversely, many German soldiers who were not Nazis killed hundreds of thousands of Jews because they were ordered to do so.

She noted that the Nazi regime considered other ethnic groups as inferior to Germans, implying that Jews were not unique.

Poussard raised doubts about the exact number of Jews annihilated, citing a historian named Jack R. Fischer who she said estimated it at from 4.2 million to 7 million.

She was countering the final argument of Crown prosecutor Patrick Lafrenière who maintained that Quebec Court judge Manlio Del Negro should take the genocide of 6 million Jews by the Nazis as a matter of judicial notice, that is, a fact so well established that it is unnecessary to prove it before a court.

Lafrenière suggested the judge could readily verify that from such reliable sources as the Encyclopedia Britannica.

The arguments by both parties at this final single day continued in a similar vein as they had when the trial broke off in July, after having opened in March, years after Chaput was charged.

The case against the 36-year-old Montreal man is based on a single article he posted on The Daily Stormer, a far-right U.S.-based online publication, in January 2017 headed “Nazis Trigger Jews by Putting Up Posters on Ch—k Church,” using a derogatory term for Asians and referring to an incident in British Columbia.

The piece called for “a year of action” in which “no SJW (social justice warrior) or Jew can remain safely untriggered.” Chaput urged “non-stop Nazism everywhere until the streets are flooded with the tears of our enemies.”

It was accompanied by a drawing of a guard about to activate a gas chamber and other Nazi imagery.

Chaput, who testified he contributed between 800 and 1,000 articles to The Daily Stormer under the pseudonym Zeiger, said that the article in question was satire meant to mock the political correctness of the left.

While acknowledging the article was in “bad taste” and that The Daily Stormer is “scornful and vexatious” in its representation of minorities and women, his lawyer contended Chaput was within the freedom of expression guaranteed by the Canadian Charter of Rights and Freedoms and the article would not lead “any reasonable person” to hate Jews.

Lafrenière countered that there can be no doubt Chaput’s words could be interpreted as hateful and even violent, specifically against Jews, and that The Daily Stormer is “clearly hate propaganda.”

In any event, a satirical intention does not absolve one from a hate speech conviction, he said.

In July, Justice Del Negro halted Poussard after she “went too far” in some of her suggestions on why the Holocaust took place, while reproaching Lafrenière for not bringing in an expert witness to back up his assertion that Nazism led directly to the persecution and murder of Jews.

This time, when Justice Del Negro questioned Poussard on whether she was contesting the extent of the Holocaust, she denied doing so.

Justice Del Negro said he would deliver his verdict on Jan. 23. If convicted, Chaput faces a maximum sentence of two years in prison.

The turn this trial has taken to becoming a debate over the link between Nazism and the Holocaust has alarmed the Centre for Israel and Jewish Affairs (CIJA) and B’nai Brith Canada, which in 2018 filed the complaint against Chaput which led to his eventual arrest.

Earlier that year, the Montreal Gazette ran a series of investigative articles, largely based on information from local anti-fascist groups, that identified Chaput as Zeiger and that he was influential in the neo-Nazi movement.

At the trial’s conclusion, Emmanuelle Amar, CIJA’s Quebec director of policy and research, said Canadian jurisprudence recognizes the Holocaust as a historical and uncontestable fact. Moreover, since June it has been a criminal offence to deny or minimize the Holocaust.

“The Holocaust is the most minutely documented genocide in the world. It is documented by its perpetrators, by their victims, by bystanders.”

CIJA said this trial points to the need for mandatory education on the Holocaust and antisemitism in Quebec schools.

Just ahead of the trial’s final day, CIJA’s Quebec vice-president Eta Yudin issued a statement: “The Nazi regime’s genocidal intent was clear, and courts have long accepted the lived experiences of millions of our people as proof of this historical fact… Poussard should be careful not to go down the same path as her client.

“Poussard should have known she was out of bounds when she presented her denialist  line of argument… We hope the trial can resume after this frivolous interlude so that her client, Sohier Chaput, can be judged for the hate he spewed online and the impact it has had on Jewish people in Quebec, Canada, and around the world.”

B’nai Brith has called on federal Justice Minister David Lametti and his provincial counterparts to ensure Canadian judges have a thorough understanding of the Holocaust.

“Every Canadian should be appalled,” said Sam Goldstein, B’nai Brith’s director of legal services, referring to Justice Del Negro’s handling of the hearing in July. “We don’t expect Holocaust denial and distortion from our courts. The prosecutor does not need to establish that the Holocaust happened. No expert witness is needed. The Jewish community is outraged.”

Government-funded Militant Anti-Free Speech Group, the Canadian Anti-Hate Network Wants Sec. 13 (Internet Censorship) Back

Government-funded Militant Anti-Free Speech Group, the Canadian Anti-Hate Network Wants Sec. 13 (Internet Censorship) Back

Hatemongers Don’t Face Serious Enough Consequences in Canadian Courts

While Canada has clear legal definitions of what does and does not constitute hate speech, enforcement is lacking. In the cases when known peddlers are actually brought before a judge, the trials are delayed, extended, and lack consequences. It’s time to bring back section 13. Posted on December 30, 2020

Elizabeth Simons 

Canadian Anti-Hate Network



Unsplash


We need to do away with the myth that hate and racism aren’t issues in Canada, especially online. We produce hate speech and internationally recognized hate figures at a disproportionately high rate — in many measures we’re worse than the United States on a per capita basis. 

As it stands now, we do not have the legal tools needed to reverse this trend.

On 4Chan, we represent almost 6% of posts made to the worst message board on the site, and earlier this year UK based think tank Institute for Strategic Dialogue identified 6,600 online channels where Canadians posted hateful content.

Before we begin, let’s quickly debunk the central bad faith argument against our hate speech laws. “Hate” is not impossible to define or undefined — the Supreme Court has clearly defined it and endorsed a guide to determining what is and isn’t criminal hate speech. Our laws have been challenged and upheld by the Supreme Court as Charter consistent.

The laws strike a good balance between freedom of expression and criminalizing what is dangerous hate speech. Unfortunately, they aren’t enforced and they don’t have sharp enough teeth to be a deterrent. The very worst actors continue spreading hate largely with impunity.

Police services across Canada are the main roadblock. A few do take it seriously and act, but most are reluctant in the extreme to investigate hate-related charges against individuals — whether that’s hate speech, continuous harassment, and even death threats. Sometimes, overwhelming community pressure on the police works — but shouldn’t be necessary.

Even if the law is applied correctly, it’s not strong enough to be a deterrent. Some hatemongers make a mockery of it and use the opportunity to grandstand. 

James Sears, the discredited former medical doctor who served as editor for Toronto-based Your Ward News, was sentenced to the maximum one year in prison in 2019 for promoting hatred against women and Jews. The crown proceeded with the charge as a summary offence.

Ontario Justice Richard Blouin wished he could hand down more, saying at the time “It is impossible, in my view, to conclude that Mr. Sears … should receive a sentence of any less than 18 months in jail.” 

Sears hasn’t seen a day in jail yet. He was allowed to stay out, pending his argument that his lawyer misrepresented him by not giving him an opportunity to deny the holocaust and call notorious antisemites as “expert witnesses.” He regrets nothing.

Hate vlogger Kevin Johnston was initially charged with a single count of wilful promotion of hatred in 2017. Johnston has still not been tried. In 2019 he lost a $2.5 million judgment to Toronto philanthropist Mohamad Fakih for his role in racially motivated defamation against Fakih in which he repeatedly accused him of being a terrorist. 

Ontario Superior Court Justice Jane Ferguson called Johnston’s attacks on Fakih “hate speech at its worst.” 

Travis Patron, leader of the overtly neo-Nazi federal Canadian Nationalist Party, has been “under investigation” by the RCMP for over a year for a video in which he claimed Jews are a “parasitic tribe” and called for their expulsion from Canada. Patron continues to make antisemitic posts and flyers and do photo ops giving the Nazi salute.

It’s an open and shut case. What could possibly make it take this long to lay charges? 

In 2018, a warrant was issued for Gabriel Sohier Chaput, aka Zeiger — called one of the most prominent neo-Nazis in North America, and writer with The Daily Stormer, a white supremacist website — for spreading hatred. Having been on the run for two years, in August 2020 Chaput reappeared and is awaiting trial in Montreal. 

Chaput is one of the ideological leaders of the newest generation of neo-Nazi terrorists — his hands are soaked in blood. It’s a travesty that the most he’s likely to get is a year. It’s uncertain whether he will even spend it in prison, given the pandemic. 

Neo-Nazi Paul Fromm was under investigation by the Hamilton Police Service for posting the manifesto of the Christchurch killer, titled “The Great Replacement” — a nod to the white supremacist conspiracy theory that white people are being replaced —  in full on his website in 2019. Fromm had stated, “[The shooter’s] analysis of the crisis we face is cogent.”* 

They decided not to charge him.

British Columbia’s Arthur Topham, convicted in 2015 of one count of communicating online statements that wilfully promoted hatred against Jews, and again in 2017, had been sentenced to a six month conditional sentence, two years probation, a curfew, and was banned from posting online. 

In early 2020, Topham was again before the courts for breaching his probation order and spreading online hate. 

Some of these people just won’t stop — not as things are.

Our hate speech law,  s. 319 (2), is crafted to balance freedom of expression while criminalizing the worst hate speech. Unfortunately, it’s not a deterrent for the most vitriolic offenders because the police won’t enforce it, and some hate mongers laugh off the consequences. 

It feels like we’re banging our heads against the wall filing criminal complaints.

Before 2014, members of the public could file a hate speech complaint under s.13. Credible complaints went to the Human Rights Tribunal, and a panel of judges could order hatemongers to stop. It was relatively fast, gave communities the power to defend themselves legally, and it worked. It gave us direct access to justice

If they refused to stop, they were in violation of a standing court order and were relatively quickly thrown in jail. Eventually, most of them learned their lesson.

Earlier this month we met with Heritage minister Steven Guilbeault and a number of social justice organizations to discuss legislation surrounding online hate. We argued that reinstating s. 13 is fundamental to successfully dealing with the problem. We were joined by numerous voices in support of these measures — the Mosaic Institute, the National Association of Friendship Centres, the Chinese Canadian National Council for Social Justice, and others — and we are committed to a coalition to realize a better solution for today.

Every single anti-racist and human rights group we know of wants it back.

Bring it back.

Follow Elizabeth Simons on Twitter @esimons_

_____* This viciously anti-free speech group utterly distorts my posting of the Christchurch Manifesto. Yes, I said his analysis of the dire position of Europeans, betrayed internally and being replaced by an elite-organized Third World invasion_was correct. BUT, and this is a huge BUT, I added that his solution — shooting up two mosques and killing 31 people was NOT the solution._________________________________________