Written by Paul Fromm
Monday, 14 September 2009 18:51
*CAFE Letter to Justice Minister Rob Nicholson Calling for Repeal of Sec.
13, the Internet Censorship Law*
*Canadian Association for Free Expression
P.O. Box 332,
Rexdale, ON., M9W 5L3
PH: 905-274-3868; FAX 905-278-2413*
September 13, 2009

*The Honourable Robert Nicholson,
Minister of Justice and Attorney General of Canada,
284 Wellington Street
Ottawa, Ontario
Canada K1A 0H8*

Dear Minister Nicholson:

I am writing to urge you to do two things:

1. Instruct your department *not* to seek judicial review of the decision by
Athanasios Hadjis in *Richard Warman v Marc Lemire* ruling Sec. 13 of the
Canadian Human Rights Act (the Internet censorship section)

2. Introduce legislation to repeal Sec. 13 of the Canadian Human Rights Act.

The time is right. Newspapers, left and right, across the country have
editorialized calling for the repeal of Sec. 13. Last year, hammered by a
year of press exposes of their tyrannical behavour, the Canadian Human
Rights Commission appointed a special investigator, Prof. Robert Moon of the
University of Windsor, to review Sec. 13. Prof. Moon, the Commission's
handpicked man, recommended the scrapping of Sec. 13. You'll recall, as
well, that, at your party's policy convention in Winnipeg last December,
delegates, including yourself, voted over 90 per cent for the repeal of Sec.

In his conclusions in *Warman v Lemire,* Athanasios Hadjis ruled: "I have
determined that Mr. Lemire contravened s. 13 of the Act in only one of the
instances alleged by Mr. Warman, namely the AIDS Secrets article. However, I
have also concluded that s. 13(1) in conjunction with ss. 54(1) and (1.1)
are inconsistent with s. 2(b) of the Charter, which guarantees the freedom
of thought, belief, opinion and expression. The restriction imposed by these
provisions is not a reasonable limit within the meaning of s. 1 of the
Charter. Since a formal declaration of invalidity is not a remedy available
to the Tribunal (see Cuddy Chicks Ltd. V. Ontario (Labour Relations Board),
[1991] 2 S.C.R. 5)." The time has come to put this piece of repressive,
un-Canadian legislation out of its misery.

The Canadian Association for Free Expression and I have had extensive
experience with Sec. 13. We have

a) Intervened or acted as an "interested party" in four cases: *Sabina
Citron et al v Ernst Zundel*; *Schnell v. John Micka*; *Richard Warman v.
Marc Lemire*; and *Harry Abrams and B'nai Brith v. Arthur Topham and
Radicalpress.con* (ongoing);

b) Acted as agent for victims too poor to afford a lawyer in six
cases: *Richard
Warman v. Glenn Bahr and Western Canada for US*; *Richard Warman v. Terry
Tremaine*; *Richard Warman v. Jessica Beaumont*; *Richard Warman v. Ciaran
Donnelly*; *Richard Warman v. Jason Ouwendyk and the Northern
Alliance*; *Centre
for Research Action on Race Relations v. John Beck and www.bcwhite*** <>.

c) Interviewed and developed extensive knowledge of the victims in two other
Sec. 13 cases: Eldon Warman in *Richard Warman v Eldon Warman* and Fred
Kyburz in *Richard Warman v Fred Kyburz.*

I may well be the Canadian with the widest experience in Sec. 13 cases.What
I have seen is a repressive system that has moved far beyond the limited
"remedial" legislation upheld by the Surpeme Court of Canada in
*Taylor*(1990). Here are some highlights, each a strong argument for
the repeal of
Sec. 13.

* The Lemire case revealed extensive CHRC spying on Canadians. Investigator
Dean Steacy admitted that he had been lurking on -- a
neo-conservative website even *before* a complaint (subsequently withdrawn)
was filed. Dean Steacy and serial complainant Richard Warman, a former CHRC
"investigator" (2002-2004), frequently signed up on dissident websites and
pretended to be racists or Nazi supporters. Among other handles, Warman
posted under the names "Pogue Mahone" on Stormfront and "Axetogrind" on
Vanguard Network News. It was revealed that, in preparation for the Jessica
Baumont case, in December 2006, Dean Steacy, with CHRC prosecuting lawyer
Giacomo Vigna and complainant Richard Warman present in the room, (wasn't
the complainant's presence and inappropriate conflict in terms of the
fairness of the Commission?) accessed Stormfront through a non-secured
wireless connection belonging to an unsuspecting woman, Nellie Hechme, who
lived two blocks from the CHRC offices. This act of subterfuge was the
subject of a complaint both to the RCMP and the Privacy Commissioner.

* . Once a complaint is made, the victim begins to suffer and spend. Even
should he win and, until Lemire, in the 31 year history of this law no one
ever had, all he has gained is the same rights he had at the beginning,
minus huge legal costs, public humiliation and suffering. Consider the
complaint by a homosexual activist against *Catholic Insight* and Fr.
Alphonse de Valk about editorial outlining the Catholic Church's stand on
homosexuality and same sex marriage. In the end, the CHRC decided there were
not sufficient grounds to proceed to a tribunal. Still, this small magazine
had spent $20,000 on legal fees. The complainant was out nothing but a few
pieces of paper and a postage stamp. Thus, there is the brutal reality of
censorship and intimidation via CHRA Sec. 13 complaint.

* The SCC upheld Sec. 13 because its object and implementation was
"remedial." The Lemire case showed present day operations of Sec. 13 to be
anything but. Sec. 13 operates as a punishment by process. In the Lemire
case, half of the inpugned passages -- those from a bulletin board -- had
been removed even *before* the complaint was filed. Mr. Lemire, seeking to
avoid a long and costly process, immediately removed the other four postings
from his, once the Warman complaint had been sent to him. If
this process were, indeed, remedial, as we submitted on several occasions,
the process should have ended there. There was nothing further to
remediate. Nevertheless, the cost and the process continued. Early on in the
tribunal hearings, in trying to learn just what passages should be defended,
we were told that the problem was the website "in its entirety." This
becomes important if a "cease and desist" order is issued. The victim must
know just which passages or similar passages he must "cease and desist"
from posting. The answer we were given was that the problem was the website
in its entirety. "Even the name, thefreedomsite?" I inquired. It was clear
that the complaint did not have a remedial purpose. The purpose was the
destruction of the freedomsite and the shutting down of Mr. Lemire.

This was entirely consistent with Mr. Warman's objectives as he set them out
in a 2005 speech -- which we submitted into evidence -- to the communist
Anti-Racist Action (ARA) group in Toronto. The title of Mr. Warman's speech
was "Shutting Down the Neo-Nazis by (Almost) Any Means Necessary." In the
speech, he outlined a number of strategies he pursued -- Sec. 319, Sec. 13.1
complaints and other forms of complaint. Ironically, the Commission and Mr.
Warman limited the grounds of the complaint, only when the defence proved
that some of the passages on the freedomsite had been posted by Mr. Warman
himself. It further became apparent that, although Mr. Lemire had several
times sought mediation, Mr. Warman would have none of it. This case was not
about remediation of a discriminatory process but about punishment of a man
who dared to dissent or, as a webmaster, to enable others to dissent.

At paragraph 289, Mr. Hadjis found: "As I have pointed out several times in
this decision, *Mr. Lemire had not only 'amended' his conduct by removing
the impugned material, but sought conciliation and mediation as soon as he
learned of the complaint against him*. The process understood by the Supreme
Court was not what Mr. Lemire experienced."

* The case of *Warman v. Terry Tremaine* is a further example of all out
destructive warfare being waged against a person because of his beliefs. Mr.
Warman, in 2005, filed a Sec. 13 complaint against Terry Tremaine, then a
lecturer in math and computer science at the University of Saskatchewan in
Saskatoon. Soon after the complaint was filed but not yet adjudicated, Mr.
Warman wrote a letter to the University of Saskatchewan threatening that, if
appropriate action was not taken within 10 days, he would go to the police
and the media with information about his complaint about Mr. Tremaine's
internet postings. Mr. Tremaine lost his job as a part-time lecturer and
still Mr. Warman proceeded with a complaint under Sec. 319 to the Regina
police. Sec. 319 charges were subsequently laid even though a tribunal ruled
in favour of Mr. Warman in the Sec. 13 CHRA complaint. Mr. Warman's conduct
in Lemire and Tremaine demonstrated that his goals were anything but
"remediation." Sadly, Sec. 13.1 seems to allow a driven person to pursue a
personal agenda of harassment against perceived political opponents and, due
to the "retaliation" section of the CHRA and Sec. 54 of the CHRA, to make
considerable money in the process, should victims be angry enough or unwise
enough to respond negatively on-line about their tormenter.

* In *Warman v Glenn Bahr and Western Canada For Us*, Mr. Warman pursued a
similar course of parallel Sec.. 13 and Sec. 319 of the Criminal Code
complaints. Mr. Bahr was duly convicted and fined by the Tribunal, despite
my submissions that the two charges for the same material constituted double
jeopardy. [Subsequently, Douglas Christie, representing Mr. Bahr at the
preliminary hearing into the Sec. 319 charges, prevailed and the charges
were stayed when he cited the SCC decision in *Wigglesworth*, forbidding
double jeopardy.]

Nevertheless, testimony at the tribunal revealed a close relationship
between Mr. Warman and Sgt. Steve Camp, who then headed the "hate squad" of
the Edmonton Police Service. Sgt. Camp raided Glenn Bahr's residence,
and threatened to have Edmonton family services remove Mr. Bahr's then
girlfriend's child because of her exposure to Mr. Bahr's views. He then told
Mr. Bahr that he "might" save himself from Sec. 319 charges if he shut down
the Western Canada for Us website, left town, and disbanded Westerrn Canada
for Us. Mr. Bahr did all these things,. primarily to prevent his girlfriend
from losing her child. Still, the Tribunal hearing proceeded, even though
the website had been down for over two years, and Mr. Bahr was duly
convicted and heavily fined. Incidentally, Sgt. Camp admitted to posting,
under the name "Estate", some particularly vile anti-native Indian,
anti-Negro, and anti-Jewish sentiments on STORMFRONT and Western Canada for
Us websites. Despite Sgt. Camp's promise to Mr. Bahr, he was subsequently
charged under Sec. 319 of the Criminal Code. It was clear throughout these
proceedings that the goals were anything but remedial, but rather the
destruction of a political movement, Western Canada for Us, and it's
spokesman, Mr. Bahr.

There is much else in Sec. 13's sorry history, including the ground breaking
testimony by Prof. Michael Persinger at the Lemire tribunal debunking the
junk science on which the SCC relied in its *Taylor* decision, that cries
for its demise. But, relying just on Mr. Hadjis findings that Sec. 13 is not
remedial, you have more than enough reason to repeal this law and put this
disgraceful piece of police state social engineering behind us.

Sincerely yours,.

Paul Fromm
Written by Paul Fromm
Sunday, 13 September 2009 07:36
*Whatever Happened To Laibar Singh?*
Whatever happened to the paralyzed "refugee" who was such a *cause
célèbre*among his supporters -- at least until they were asked to
cough up money
they had pledged. *Laibar Singh* repeatedly put off deportation with claims
that he would die of medical neglect if removed to the Punjab. Operations
at Vancouver airport twice ground to a halt as his (apparently unemployed)
supporters embarked on a series of obstreperous demonstrations. "Nine
months after he was finally deported, Singh is still alive and living in
Punjab with his family, and getting medical care, including *MRIs,* from a
hospital about 60 kilometres from his village. And contrary to his original
claims [that he was linked to a separatist group and targeted for torture by
Indian security forces], he told a film crew commissioned by *CTV News* that
it wasn't fear, but the promise of a better life in Canada that brought him
here. 'I was poor,' he told the *CTV* crew. 'That's why I came to
Canada.' It's cases like Singh's that is causing the government to worry
that the work permits and delays that are a fact of life in Canada' refugee
system are creating an incentive for bogus claimants.

That's why last week the Canadian government slapped visas on Czech and
Mexican visitors -- and why the federal minister of immigration is promising
to get tough on other false claims as well. 'If you come to Canada you can
play the system and profit from it,' Kenney told *CTV News* in a recent
interview. 'We need to change that message and fix the system.' Some
28,523 individuals made a refugee claim across Canada in 2007. In the same
year, 1,846 people were removed from Canada after failing an inadmissibility
hearing. [Wow, a net gain of 26,677 eligible for free dental care!] Some
of those removed exhausted the many levels of appeals in the immigration
system or the courts system. Some who were denied their claims were able to
get humanitarian exemptions if they have created ties to Canada that the
government is reluctant to uproot.

In Singh's case, being paralyzed was not enough to get a humanitarian
exemption. Immigration lawyer *Richard Kurland* said that the minister was
right to deport Singh. 'I was one of the few people who said put him on the
aeroplane as soon as possible,' said Kurland. 'The minister and his
officials did the right thing by not granting humanitarian relief, rewarding
flagrant illegality in his case,' he said. " (*CTV*, July 20, 2009)

Singh arrived in Canada in 2003 on a false passport. As his refugee claim
sputtered, he was soon trading on the fact that the 2006 event that left him
paralyzed occurred while he was "ours." While it was widely reported that
he suffered a stroke, he in fact suffered from some unspecified "spinal
infection." Now call us cynical, but given other belated revelations on
this file, we can't help but wonder. Spinal or extrapulmonary tuberculosis
paralyzes and Canada's* TB* protocols for self-professed refugees (meekly
suggesting the individual might consider presenting themselves at some point
for a test, if it's not too much trouble, that is) are notoriously

Was Singh infected *befor*e he arrived? "The statistics continue to be
nothing short of brutal. Despite the government of India's efforts to
control tuberculosis, the disease continues to kill two people every three
minutes or nearly 1000 daily, according to *Tuberculosis Control-India*.
And those numbers appear to be getting worse. The *World Health
Organization*'s tuberculosis report (2006) indicated that India has more new
tuberculosis *(TB*) cases annually than any other country." (*Canadian
Medical Association Journal*, June 19, 2007)

This article appears in the August, 2009 issue of the *CANADIAN IMMIGRATION
HOTLINE*. Published monthly, the *CANADIAN IMMIGRATION HOTLINE* is available
by subscription for $30 per year. You can subscribe by sending a cheque or
VISA number and expiry date to *CANADIAN IMMIGRATION HOTLINE*, P.O. Box 332,
Rexdale, ON., M9W 5L3.]|
Written by Paul Fromm
Sunday, 13 September 2009 07:35
*Hear Rev. Ted Pike & Paul Fromm -- Free Speech Tag Team, Sunday, 1:00 p.m.

*Hear two of North America's leading free speech advocates, Rev. Ted Pike
and Paul Fromm, tomorrow, Sunday, September 13 a 1:00 p.m. EST on the Jim
Barryman Show.*


*1:00 p.m. -- Hear Rev. Ted Pike
*). "The Free Speech Threat to the U.S." The meaning of recent "hate laws."*

*2:00 p.m. -- Hear Paul Fromm of the Canadian Association for Free
Expression (***<>
*) "The Marc Lemire Victory for Free Speech on the Internet & The Battles


*Tune in to or*

[image: micro1650am]

Contact the Station Manager <[email protected]>
[image: Back to the Home Page] <>
[image: Back to the Schedule Page] <>

[image: divider]

To find out more about the programming on

micro1650am, please visit the following links.

[image: divider]

[image: Listen Here]<>

Audio Streamed by the BroadWave Streaming Audio

by NCH Swift Sound Software <>

[ Copy this <>|
New <> | Full


[image: RBN] <>

[image: IRN] <>

[image: ARN] <>

[image: Oracle] <>

[image: The Micro Effect] <>

[image: Liberty News Radio] <>

[image: Back to the top] <>[image: On to
the Schedule Page] <>

Thank you for visiting our website.

Please check back with us again,

to see more updates on the

programming you enjoy.

[image: microphone]

Contact the Station Manager <[email protected]>
Page 436 of 454
Powered by MMS Blog