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Arthur Topham should leave the country and return as an illegal and claim “refugee” status. He’d automatically qualify for legal aid. This is a measure of the suicidal depravity of the anti-White political establishment of this country that illegals fully qualify for legal aid but a Canadian born and bred being persecuted for the non-violent expression of his political views is denied aid and tossed into the legal lions’ den.<\/span><\/div>\n

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CAFE stands with free thinker Arthur Topham.<\/span><\/div>\n

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Paul Fromm<\/span><\/strong><\/div>\n
Director<\/span><\/strong><\/div>\n
CANADIAN ASSOCIATION FOR FREE EXPRESSSION<\/span><\/strong><\/div>\n
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Radical Press Legal Update #15 by Arthur Topham<\/span><\/h1>\n
November 20, 2013\u00a0 by admin<\/span><\/a><\/div>\n
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Regina v The Radical Press: LEGAL UPDATE #15<\/span><\/strong><\/a><\/p>\n
November 20th, 2013<\/strong><\/p>\n
Dear Free Speech Advocates and Radical Press Supporters,<\/strong><\/p>\n
My last Legal Update was sent out well over four months ago on July\u00a0 11th, 2013 so for those who may not recall all what transpired up to\u00a0 that point I\u2019ll give a brief overview so as to put subsequent events\u00a0 into some meaningful context.<\/p>\n
All of what is going on concerns the matter of the Sec. 319(2) CCC\u00a0 charge and arrest for the purported crime of \u201cwillfully promoting hatred against \u2018people of the Jewish religion or ethnic group\u2019\u201d originally\u00a0 brought on by B\u2019nai Brith Canada\u2019s Harry Abrams and serial Section 13\u00a0 complainant Richard Warman.<\/p>\n
Crown had anticipated that the Attorney General\u2019s office was going to go for a \u201cdirect indictment\u201d and skip the preliminary hearing stage of\u00a0 events but that strategy fell through on July 8th, 2013. That then\u00a0 brought my proposal to file for a Rowbotham<\/em> application back to the forefront. As explained in earlier Updates the Rowbotham<\/em> application was part of my former counsel\u2019s plan to get government\u00a0 funded legal counsel to defend me and to act on my behalf during the\u00a0 preliminary inquiry to determine the merits of the aforementioned Sec.\u00a0 319(2) charge. Of course when Doug was alive it was he who anticipated\u00a0 being that counsel.<\/p>\n
I had met with the Trial Coordinator and via telephone spoke with\u00a0 Keith Evans, legal counsel for the B.C. Attorney General\u2019s office in\u00a0 order to discuss my Rowbotham<\/em> application which he was\u00a0 overseeing. Prior to that I had already submitted my Notice of\u00a0 Application and Affidavit to the AG\u2019s regarding the Rowbotham<\/em> back on April 23, 2013 and received a package of material back from Mr.\u00a0 Evans on May 11th explaining all the additional information that I was\u00a0 expected to furnish him with prior to a hearing taking place on the\u00a0 matter.<\/p>\n
On August 13th I met again with the Trial Coordinator and a date was set to hold a hearing on the Rowbotham<\/em> application on Monday, November 18th, 2013.<\/p>\n
During the interim time period leading up the hearing I had to\u00a0 furnish the AG\u2019s office with as much documentation as I possibly could\u00a0 that would show that I was not in a financial position to be able to\u00a0 afford to hire a lawyer to represent me at the upcoming preliminary\u00a0 hearing scheduled for January 22nd, 2014. As a result the month of\u00a0 September leading into the early weeks of October were spend doing what\u00a0 was basically a forensic audit of all of my finances and sending all of\u00a0 this information to the Attorney General\u2019s office in Vancouver, B.C. It\u00a0 was quite time consuming and left little opportunity for doing much else besides publishing the occasional article on the website. Keith Evans\u00a0 of the AG\u2019s office was very congenial and willing to assist me with any\u00a0 questions that that arose during the period that I was amassing all of\u00a0 my evidence I felt would show that I was in fact indigent and unable to\u00a0 cover the cost of a hiring a lawyer. The term \u201cindigent\u201d is one that the AG\u2019s office uses and it means \u201cimpoverished or destitute or\u00a0 poverty-stricken or disadvantaged, hard up, etc.\u201d All of these\u00a0 descriptive words I felt fitted my circumstances.<\/p>\n
Approximately one week before the hearing on November 18th, I received all of this information back from the AG\u2019s office along with all of my\u00a0 email exchanges with AG lawyer Keith Evans. The booklet containing these communications ended up being 455 pages in length!<\/p>\n
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Radical Press Publisher Arthur Topham displaying the Rowbotham application documents from the B.C. Attorney General\u2019s office<\/strong><\/p>\n
There are basically two main features or parts to a Rowbotham<\/em> application, the first deals with having to prove you are in fact\u00a0 \u201cindigent\u201d and the second being able to argue that your particular case\u00a0 is complex and out of the ordinary to the point where it is evident that without legal representation you would not have a chance of a fair\u00a0 trial and therefore your Charter right to a fair trial would be\u00a0 infringed upon.<\/p>\n
The hearing began at 9:30 a.m. in the Quesnel courthouse with Judge\u00a0 Morgan presiding. Also in attendance was Christina Drake, a lawyer\u00a0 working for the Attorney General\u2019s office out of Victoria, B.C. who had\u00a0 flown up to argue against the application.<\/p>\n
Judge Morgan began by asking me to explain to him why I felt I was\u00a0 unable to afford to hire a lawyer and why I felt my case was so\u00a0 \u201cextraordinarily complex\u201d (another expression that the AG\u2019s office\u00a0 employed throughout their argument repeatedly). I then proceeded to tell him about how I have been battling with legal issues brought on by\u00a0 B\u2019nai Brith Canada\u2019s two separate complaints, (the sec. 13(1) Canadian Human Rights Act<\/em> complaint from 2007 and the\u00a0 Sec. 319(2) CCC charge of May 16th, 2012), for the past six years and how having to do all the legal work on my\u00a0 own has affected my ability to earn a sufficient income that would allow me to hire a lawyer.<\/p>\n
Following all of that (which took a couple of hours) I then outlined\u00a0 for the Judge the reasons why I felt my case was unusual and complex\u00a0 enough that it warranted having a professional legal expert to represent me during the preliminary hearing stage so as to show how the illegal\u00a0 search warrant that resulted in the invasion of my home and the theft of all of my computers and electronic files was an actual criminal offence on the part of the RCMP and the B.C. Hate Crime Team led by Det. Cst.\u00a0 Terry Wilson. It was my argument that because of this initial illegal\u00a0 act that the case should be thrown out at the preliminary hearing stage. In fact my former lawyer Mr. Christie had planned to set aside five\u00a0 days for the preliminary hearing in order to accomplish this. After his\u00a0 demise the court changed that time period from five days to five hours!\u00a0 Obviously they felt that whatever Mr. Christie was planning to present\u00a0 to the court didn\u2019t warrant further consideration after he was out of\u00a0 the picture.<\/p>\n
Due to space constraints I won\u2019t go into the details of my argument\u00a0 for why I felt the case is complex other than I told the Judge that,\u00a0 based upon my personal experience with the whole free speech issue over\u00a0 the past six years, I felt it was the aim of Jewish lobby groups here in Canada, specifically B\u2019nai Brith Canada, to set a precedent using my\u00a0 charge so that, were they successful in obtaining a conviction, it would affect every other publisher and writer in Canada who might try and\u00a0 criticize either the Jew\u2019s-only state of Israel or anything else related to the Zionist political ideology or their religious practices as found in Judaism and the Talmud. It would, in other words, create a stifling\u00a0 climate of censorship that would negatively affect every Canadian\u2019s\u00a0 right to freedom of speech and expression as stated in the Canada\u2019s Charter of Rights and Freedoms<\/em>.<\/p>\n
One additional point needs to be emphasized here regarding all of the sec. 13 controversy that has taken place over the past quarter century\u00a0 or longer. When I began to speak to Judge Morgan about sec. 13(1) and\u00a0 about the fact that the federal government had repealed that section of\u00a0 the Canadian Human Rights Code<\/em> back in June of 2012 he\u00a0 confessed that he knew nothing about the whole issue! I was literally\u00a0 taken aback by this unexpected pronouncement on his part and my facial\u00a0 expression must have surprised him as he then stated that he actually\u00a0 sat on a \u201chuman rights\u201d committee of some sort and, yet, he was still\u00a0 unaware of the whole issue. Then, only to exacerbate his revelations\u00a0 further, the lawyer for the Attorney General\u2019s office also spoke up and\u00a0 informed the court that she, too, was aware of what was going on in\u00a0 terms of Section 13 and the Canadian Human Rights Code<\/em>.<\/p>\n
After a lunch break the hearing continued and Christina Drake,\u00a0 representing the Attorney General\u2019s office, gave her arguments as to why I ought to be refused the Rowbotham<\/em> order. She cited numerous\u00a0 case law examples and how in one way or another none of them met the\u00a0 financial threshold that the Crown demands. Of course it\u2019s always a\u00a0 great advantage to be able to be the party that sets the threshold in\u00a0 the first place and when it comes to the state having to pay for a\u00a0 lawyer to defend an accused (and presumed innocent) citizen the Crown\u00a0 finds such a proposal most abhorrent and the thought of it appears to\u00a0 terrify them that such a precedent might actually occur (as it did in\u00a0 the case of Rowbotham<\/em>) and they would have to actually defray the costs of a Canadian citizen receiving justice in the courts of the land.<\/p>\n
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When the issue of complexity was addressed Drake stated:<\/p>\n
\u2022\u00a0\u00a0 \u00a0 [The applicant] Has four years of university education and\u00a0 communicates effectively orally and in writing, as evidenced by the\u00a0 sophisticated written summary he provided of the arguments he wishes to\u00a0 make with respect to the search warrant;<\/p>\n
\u2022\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0 Has experience in legal and\u00a0 quasi-legal proceedings, specifically in the context of a human rights\u00a0 complaint in which it appears that he represented himself;<\/p>\n
Of course in to my way of thinking there\u2019s no direct correlation\u00a0 between a person\u2019s ability to express themselves either orally or\u00a0 through the written word or having obtained a Teaching certificate for\u00a0 Elementary school and their ability to perform the work of a qualified\u00a0 and legally trained lawyer. To try and suggest that this is the case\u00a0 would be akin to asserting that the Applicant, because of his university training, would also be qualified to perform the work of a surgeon.<\/p>\n
Drake argued that I hadn\u2019t done enough to\u00a0 show that I had contacted other lawyers in order to find out if they\u00a0 would work at lower rates and represent me. Of course I had checked into this and did contact those who I felt might come to my defense but I\u00a0 never received a reply back from them. Again, what the AG\u2019s office\u00a0 intentionally appears to overlook is the reality that defending cases\u00a0 such as mine is a very serious matter for any lawyer who wants to steer\u00a0 clear of being labeled a defender of \u201chate mongers\u201d and \u201canti-Semites\u201d\u00a0 and \u201cracists\u201d and end up with a reputation such as that which Douglas\u00a0 Christie acquired by his willingness to defend those charged with \u201chate\u00a0 crimes\u201d. To defend a person against a charge of \u201cwillfully promoting\u00a0 hatred against \u2018people of the Jewish religion or ethnic group\u2019\u201d is to\u00a0 accept that you will will also be attacked by these very same foreign\u00a0 lobbyists who are now threatening me.<\/p>\n
It was around 4:00 p.m. by the time the AG\u2019s argument was completed. I was then given an opportunity to \u201csum up\u201d my financial picture which I\u00a0 proceeded to do culminating by emphasizing once again that I and my wife have been forced to live an extremely minimalist existence ever since\u00a0 2007 and that this ought to be given consideration. Judge Morgan then\u00a0 left the courtroom for about fifteen minutes and returned to give his\u00a0 decision. Predictably, based upon the AG\u2019s argument, he concluded that I hadn\u2019t met the financial threshold and so therefore my reasons regarding the complexity of the case wouldn\u2019t be considered. He added further\u00a0 that this might change after the preliminary hearing when, should the\u00a0 case go to trial (which it appears is highly likely), that I would then\u00a0 have the opportunity to file another Rowbotham<\/em> application and give it another shot so to speak.<\/p>\n
When we left the courthouse it was -20 Celcius outside with a cold, bitter wind blowing. Rather fitting in some respects.<\/p>\n
*****<\/p>\n<\/div>\n
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The battle to retain our inherent right to freedom of speech, both off and on the net, comes with great cost to those on the front lines. Please consider a donation to the\u00a0Radical Press Free Speech Defence Fund<\/span><\/a>.<\/span><\/b><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"
Impoverished Arthur Topham Charged Under Canada’s Notorious “Hate Law”, Turned Down for Legal Aid: Poor, but Not Poor Enough; Complex Case, but Not Complex Enough Poor people can get legal aid in Canada! Dream on. Arthur Topham is very poor … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[12,39,193],"_links":{"self":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/499"}],"collection":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=499"}],"version-history":[{"count":2,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/499\/revisions"}],"predecessor-version":[{"id":501,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/499\/revisions\/501"}],"wp:attachment":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=499"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=499"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=499"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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