CAFE LETTER TO JUSTICE MINISTER ROB NICHOLSON CALLING FOR REPEAL OF SEC. 13, THE INT

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) unconstitutional; 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. 13. 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** pride.com* <http://pride.com/>. 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 freedominion.ca -- 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 freedomsite.org, 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 Director

 

WHATEVER HAPPENED TO LAIBAR SINGH?

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 toothless. 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.]|

 

HEAR REV. TED PIKE & PAUL FROMM -- FREE SPEECH TAG TEAM, SUNDAY, 1:00 P.M. EST

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. EST* *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 (**www.truthtellers.org*<http://www.truthtellers.org/> *). "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 (**www.canadianfreespeech.com*<http://www.canadianfreespeech.com/> *) "The Marc Lemire Victory for Free Speech on the Internet & The Battles Ahead."* ** *Tune in to www.oraclebroadcasting.com or www.micro1650am.com* [image: micro1650am] Contact the Station Manager <[email protected]> [image: Back to the Home Page] <http://micro1650am.com/index.html> [image: Back to the Schedule Page] <http://micro1650am.com/schedule.html> [image: divider] To find out more about the programming on micro1650am, please visit the following links. [image: divider] [image: Listen Here]<http://micro1650am.boldlygoingnowhere.org:88/broadwave.asx?src=1&kbps=32> Audio Streamed by the BroadWave Streaming Audio Server<http://www.nch.com.au/streaming/index.html> by NCH Swift Sound Software <http://www.nch.com.au/index.html> [ Copy this <http://micro1650amcom.chatango.com/clonegroup?ts=1250397488156>| Start New <http://chatango.com/creategroup?ts=1250397488156> | Full Size<http://micro1650amcom.chatango.com/>] <http://micro1650am.com/www.micro1650am.com/radiox> [image: RBN] <http://www.republicbroadcasting.org/> [image: IRN] <http://www.irnusanews.com/> [image: ARN] <http://www.accentradionetwork.com/> [image: Oracle] <http://www.oraclebroadcasting.com/> [image: The Micro Effect] <http://www.themicroeffect.com/> [image: Liberty News Radio] <http://www.libertynewsradio.com/> [image: Back to the top] <http://micro1650am.com/index.html>[image: On to the Schedule Page] <http://micro1650am.com/schedule.html> 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]>