Canadian Association for Free Expression
Written by Paul Fromm
Monday, 04 February 2013 19:43
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Canadian Association for Free Expression
Box 332,
Rexdale, Ontario, M9W 5L3
Ph: 905-56-4455; FAX: 905-566-4820 ( tel:905-566-4820 )
Paul Fromm, B.Ed, M.A. Director

Memo to the Senate of Canada: Please Protect Internet Free Speech --
Pass Bill 304

Last June, the House of Commons passed a private Member's Bill, Bill
C-304 which repealed Sec. 13 of the Canadian Human Rights Act.

Sec. 13 had been a vague and much abused form of Internet censorship,
making an offence out of views expressed over the Internet that were
not criminal. Truth was not a defence. Intent was not a defence. The
wording was vague -- communicating views "likely to expose"
designated or privileged groups to "hatred or contempt." No harm had
to be proven. In fact, it was not necessary to prove that anyone other
than the complainant had ever even seen the post in question.
"Contempt" would capture any negative criticism. For instance, if
smokers wer a protected group, Internet comments stating smokers had
bad breath and were damaging their skin and had higher incidents of
lung cancer would be "likely" to expose them to "contempt" is not
hatred. Truth would not matter.

Until the Marc Lemire decision in 2009, Sec. 13 had a 100% conviction
rate. That alone should have set off alarm bells. People are
frequently charged with murder or robbery or fraud and acquitted.
However, there were virtually no defences under Sec. 13. Worse, most
of the prosecutions were driven by a chronic complainer with an
admitted political agenda. This man worked for the Canadian Human
Rights Commission during some of the time he was filing complaints. He
has now moved over to the Department of National Defence. He admitted
in a talk to Anti-Racist Action, a Toronto group with a history of
violence, that he was seeking to "shut down" through "maximum
disruption" those with an ideology he opposed.

Most of the victims of Sec. 13 complaints were poor and obscure
people, unable to afford a lawyer. On behalf of the Canadian
Association for Free Expression, I acted as a "representative" for
half a dozen of these people. I saw lives and reputations ruined. The
long drawn-out proceedings were an abuse BY process.

The investigators and prosecutors for the Canadian Human Rights
Commission acted more like a political police than officials steeped
in our tradition of fairness. When the lead "hate" investigator was
questioned during the Warman v. Marc Lemire Tribunal, he was asked
what weight he gave to freedom of expression when he was examining a
website: "None," he responded, "freedom of expression is an American
idea." Oh, really?

In our submission, the House of Commons was wise to repeal Sec. 13. We
understand that it is now in the process of second reading in the Red
Chamber. We urge that it receive speedy consent. It has now been
eight months since it was passed in the House of Commons.

There is an urgency here. Canadians continue to suffer. Terry
Tremaine, a former lecturer at the University of Saskatchewan, was
charged under Sec. 13 and found guilty. He was then charged for much
of the same material under Sec. 319 ("hate law") of the Criminal Code.
Last fall, a Regina judge dismissed the case. However, Mr. Tremaine
had been hit with a lifetime "cease and desist" order by the Canadian
Human Rights Tribunal forbidding him from posting the same or similar
comments to the ones at issue at the Tribunal. But what is "similar"?
Although he tried to tome down his language, he was eventually found
guilty of "contempt of court" for not removing the original posts,
although the Tribunal's order, as worded, had not required this.
Subject to an appeal, he may soon head off to jail for up to six
months!

Jail for expressing non-violent opinions on a website in another
country? Such repression and micro-managing of opinion are
unacceptable in a free society.

The Canadian press and many MPs rightly criticize restrictions on free
speech in other countries. The case of Chinese architect, artist and
dissident Wei Wei comes to mind. The was jailed briefly and then
stripped of his political rights -- not allowed to talk to the foreign
media -- for a year. Many Canadians rightly voiced their concern. Yet,
Sec. 13 puts its victims under a lifetime gag!

In passing Bill C-304, the House of Commons went a long way to
securing Internet freedom in Canada. We urge you to do likewise and
pass this piece of legislation as expeditiously as possible.

Respectfully submitted.

Paul Fromm
Director

E-mail addresses of Canadian Senators

[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
sibni[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], , ,
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],

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Memo to the Senate of Canada: Please Protect Internet Free Speech -- Pass Bill 304
Written by Paul Fromm
Monday, 04 February 2013 19:31
*Canadian Association for Free Expression*

*Box** 332**,*

*Rexdale**, Ontario, M9W 5L3*

*Ph: 905-56-4455; FAX: 905-566-4820*

*Paul Fromm, B.Ed, M.A. Director*
**
*Memo to the Senate of Canada: Please Protect Internet Free Speech -- Pass
Bill 304*

Last June, the House of Commons passed a private Member's Bill, Bill C-304
which repealed Sec. 13 of the Canadian Human Rights Act.

Sec. 13 had been a vague and much abused form of Internet censorship,
making an offence out of views expressed over the Internet that were not
criminal. Truth was not a defence. Intent was not a defence. The wording
was vague -- communicating views "likely to expose" designated or
privileged groups to "hatred or contempt." No harm had to be proven. In
fact, it was not necessary to prove that anyone other than the complainant
had ever even seen the post in question. "Contempt" would capture any
negative criticism. For instance, if smokers wer a protected group,
Internet comments stating smokers had bad breath and were damaging their
skin and had higher incidents of lung cancer would be "likely" to expose
them to "contempt" is not hatred. Truth would not matter.

Until the Marc Lemire decision in 2009, Sec. 13 had a 100% conviction rate.
That alone should have set off alarm bells. People are frequently charged
with murder or robbery or fraud and acquitted. However, there were
virtually no defences under Sec. 13. Worse, most of the prosecutions were
driven by a chronic complainer with an admitted political agenda. This man
worked for the Canadian Human Rights Commission during some of the time he
was filing complaints. He has now moved over to the Department of National
Defence. He admitted in a talk to Anti-Racist Action, a Toronto group with
a history of violence, that he was seeking to "shut down" through "maximum
disruption" those with an ideology he opposed.

Most of the victims of Sec. 13 complaints were poor and obscure people,
unable to afford a lawyer. On behalf of the Canadian Association for Free
Expression, I acted as a "representative" for half a dozen of these people.
I saw lives and reputations ruined. The long drawn-out proceedings were an
abuse *BY *process.

The investigators and prosecutors for the Canadian Human Rights Commission
acted more like a political police than officials steeped in our tradition
of fairness. When the lead "hate" investigator was questioned during
the *Warman
v. Marc Lemire* Tribunal, he was asked what weight he gave to freedom of
expression when he was examining a website: "None," he responded, "freedom
of expression is an American idea." Oh, really?

In our submission, the House of Commons was wise to repeal Sec. 13. We
understand that it is now in the process of second reading in the Red
Chamber. We urge that it receive speedy consent. It has now been eight
months since it was passed in the House of Commons.

There is an urgency here. Canadians continue to suffer. Terry Tremaine, a
former lecturer at the University of Saskatchewan, was charged under Sec.
13 and found guilty. He was then charged for much of the same material
under Sec. 319 ("hate law") of the Criminal Code. Last fall, a Regina judge
dismissed the case. However, Mr. Tremaine had been hit with a lifetime
"cease and desist" order by the Canadian Human Rights Tribunal forbidding
him from posting the same or similar comments to the ones at issue at the
Tribunal. But what is "similar"? Although he tried to tome down his
language, he was eventually found guilty of "contempt of court" for not
removing the original posts, although the Tribunal's order, as worded, had
not required this. Subject to an appeal, he may soon head off to jail for
up to six months!

Jail for expressing non-violent opinions on a website in another country?
Such repression and micro-managing of opinion are unacceptable in a free
society.

The Canadian press and many MPs rightly criticize restrictions on free
speech in other countries. The case of Chinese architect, artist and
dissident Wei Wei comes to mind. The was jailed briefly and then stripped
of his political rights -- not allowed to talk to the foreign media -- for
a year. Many Canadians rightly voiced their concern. Yet, Sec. 13 puts its
victims under a lifetime gag!

In passing Bill C-304, the House of Commons went a long way to securing
Internet freedom in Canada. We urge you to do likewise and pass this piece
of legislation as expeditiously as possible.

Respectfully submitted.

Paul Fromm
Director

[image: Photo: See story below.]
<https://www.facebook.com/photo.php?fbid=138091463023769&set=a.102988609867388.7682.100004687473766&type=1&relevant_count=1>






*E-mail addresses of Canadian Senators*

[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], , , [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected],
**
 
Federal Court Rules: CHRC will get their fiendish wish -- Lemire has to fight on two
Written by Paul Fromm
Monday, 04 February 2013 06:26
*Federal Court Rules: CHRC will get their fiendish wish -- *

*Lemire has to fight on two fronts in two courts*



<http://4.bp.blogspot.com/-e0q6Hljg1ak/UQipqzbmKYI/AAAAAAAABCc/ASWv11yNY2U/s1600/image001-719335.jpg>



*Marc Lemire now has to fight against Section 13 at the Court of Appeals *

*and against a lifetime gag order at the “Human Rights” Tribunal*





In what has become more and more typical in Canada’s repressive thought
control regime, the Federal Court of Appeals has dismissed the stay motion
filed by Marc Lemire<http://blog.freedomsite.org/2012/12/chrc-gag-lemire-now-who-cares-whether.html>.
The stay motion was seeking a short reprieve to allow the court to actually
rule on Canada’s draconian shameful internet censorship legislation – Section
13 of the Canadian “Human Rights” Act <http://www.stopsection13.com/>.



To most people, it seems logical to actually find out if the legislation
you’re fighting is even constitutional and legitimate before they pass
sentence on you … but hey this is *CanaDUUH*. Sentence first, then we’ll
see if the laws ok later.



*The Ruling:*



In the 3 page ruling by Justice David
Stratas<http://www.google.ca/imgres?imgurl=http://www.lawyersweekly.ca/images/Stratas%2520_%2520David%2520poss%2520front%25203229.jpg&imgrefurl=http://www.lawyersweekly.ca/index.php%3Fsection%3Darticle%26articleid%3D1795&usg=__l89Vfi8QkzNTcFZrL5dYmZuJ80g=&h=500&w=>dismissing
the stay motion, J.A. Stratas totally dismissed the idea and
concept of freedom of expression. While many Canadians love and cherish
freedom, and the *Charter of Rights of
Freedom<http://www.parl.gc.ca/About/Parliament/Education/OurCountryOurParliament/html_booklet/canadian-charter-rights-and-freedoms-e.html>
*’s enshrines freedom of expression as a “*fundamental right*”, the courts
and government bureaucrats simply dismiss it as if it is not there, and pay
nothing more than mere lip service to
it<http://www.canlii.org/en/ca/charter_digest/s-2-b.html>.
While reading the decision, I was surprised not to see a statement such as “
*freedom of speech is an American
concept<http://ezralevant.com/2008/09/chrc-legal-brief-steacy-was-ri.html>
*”. As crazy as that is, that’s what the Canadian Human Rights Commission
thinks, and their senior investigator testified to it, when questioned
under oath by courageous lawyer Barbara Kulaszka.



The Justice found that “*the appellant (lemire) invites this Court to infer
the existence of irreparable harm from the possible denial of freedom of
expression to be caused as a result of remedies granted by the Tribunal*”
Gee, even the Supreme Court of Canada found that Section 13
*WAS<http://canlii.ca/t/1fsp1>*
a violation of our freedom of expression. How hard is it to really believe
that if the “Human Rights” Tribunal slaps a lifetime speech ban on Marc
Lemire that it won’t cause “irreparable harm”. And this is not just a
hypothetical … the Tribunal has a 100% conviction
rate<http://www.freedomsite.org/legal/Every_Decision_on_Sec_13_cases-past_and_active.pdf>,
and a 100% rate of issuing lifetime gag orders / speech
bans<http://www.freedomsite.org/legal/Every_Decision_on_Sec_13_cases-past_and_active.pdf>
.



The ruling by Stratas gets even more bizarre. The “Justice” that writes
that “*…there is no evidence setting out what expression the appellant
intends to engage in…*” Get that!! Marc Lemire would have to set out what
he intends to say, in order to get a stay of the gag order, before the
underlying law is even found to be legitimate?



This is straight out of the movie Minority Report, where government agents
would swoop in and arrest people for
“Pre-Crimes<http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=4124876#Int-2877789>”
before they committed the crime. Welcome to Absurdastan Canada… where in
order for Canadians to enjoy freedom of expression, we have to pass it by
the government in sworn legal affidavits and have some judge review it?



*“Under section 13, citizens are subject to lifetime speech bans--not in
the Soviet Union, not in Saudi Arabia, but in Canada. Section 13 prosecutes
not crimes but pre-crimes, crimes that have not yet taken place. The phrase
“pre-crime”, by the way, comes from a dystopian science fiction story
written by Philip K. Dick in 1956. Half a century later, in one of the
oldest, most stable democratic societies on the planet, we're living it…”*

Mark Steyn

Testimony before
Parliament<http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=4124876#Int-2877789>

Oct 5, 2009



Even if we were to follow the Judges “logic”, what exactly would/could Marc
Lemire have even put in an affidavit about his future thoughts? It may
take up to six months for a ruling on if the law is even legitimate, how
does anyone know exactly what they are going to say, weeks or months in
advance?



Unlike President Obama, whose every word is scripted and fed to him on a
teleprompter, not many people can script every possible word they may want
to say in the future. The Section 13 censorship law is extremely
vague<http://blog.freedomsite.org/2011/03/section-13-vague-prohibition-is-all.html>and
hinges on specific words used and in what fashion the words might
“expose” someone to “hatred” and/or “contempt”. How could anyone put into
an affidavit exactly what and how they might want to discuss a situation
months into the future.



<http://4.bp.blogspot.com/-fBFN8iAPltE/UQipsKNd2ZI/AAAAAAAABDE/NV9I3glmNK8/s1600/image003-724858.gif>

*Two-Front - Maximum Disruption Campaign*



After nine years of fighting Marc Lemire <http://www.freedomsite.org/legal>,
the CHRC must have realized that he is not going to give up very easily.
So they took a page out serial Section 13 complainers handbook; Richard
Warman’s “*Maximum
Disruption*”<http://www.chrt-tcdp.gc.ca/search/view_html.asp?doid=705&lg=_e&isruling=0#1004440>.
The basic strategy of “*Maximum
Disruption<http://www.steynonline.com/images/stories/warman%20maximum%20disruption.pdf>
*” is to hit your enemies on as many fronts as possible, and that’s exactly
what the CHRC has done.



Marc Lemire now has to fight in two different legal venues simultaneously.
Firstly at the Federal Court of
Appeals<http://www.stopsection13.com/constitutional_challenge.html>where
the judges are going to determine if the draconian censorship
legislation Section 13 is even constitutional. And at the same time, in
front of the Canadian “Human Rights” Tribunal, where Lemire has to fight
for his basic freedom and fight off a lifetime speech ban (which if Lemire
violates could mean up to 5 years in jail!)



The CHRC is hoping that Lemire’s resources will be drained and he will not
be able to fight both cases. *This is why we desperately need your help.*





*<http://3.bp.blogspot.com/-tfDDiOTDLNg/UQipsnPe6II/AAAAAAAABDU/lHIHBGNcKmM/s1600/image004-726823.jpg>
*

*Impact Persecutions to Silence Thought*



All of this vagueness, and oddities like submitting an affidavit on things
you might say in the future, is more proof that Section 13 can not be
saved<http://canadianhumanrightscommission.blogspot.ca/2009/01/catholic-insight-repeal-section-13-of.html>,
reformed or tinkered with. The entire legislative framework is corrupt
from top to bottom, and completely rigged against everyone that is ensnared
by it.



The end game for the censors and enemies of freedom is crystal clear: *to
Silence Thought*. That’s why they spend millions of dollars on these
Section 13 cases and even while their censorship empire is crumbling around
them <http://www.stopsection13.com/repeal_sec13.html>, they keep spending
and spending. After all, how many people who have seen what is happening
to Marc Lemire would dare post controversial “politically incorrect”
opinions on the internet?



It’s just easier to self-censor
yourself<http://www.canada.com/ottawacitizen/columnists/story.html?id=d7b2b0d2-dd29-411a-bebb-f9971a62721f>,
and avoid the 9+ years of harassment. And that’s how thought and
expressive activity gets silenced. The censors undertake ‘impact
prosecutions <http://www.freedomsite.org/legal>’ and grind those victims
that dare to resist into the pavement under the weight of their unlimited
tax-payer funded money and egged on by their cheerleaders in special
interest groups and the judiciary.





*“Now what? If I write about censorship will the censors censor that? If I
were to defend someone's right in principle to be rude about radical Islam,
it might constitute my being rude in practice about radical Islam which
might be misunderstood by hypersensitive types as rudeness toward Islam
generally which might be misunderstood as hate speech rather than just bad
manners. Who knows? All in all it's much safer to write about daisies. Such
pretty flowers.”*

John Robson | Ottawa Citizen

*“Self-censorship? Me?
Absolutely!<http://www.canada.com/ottawacitizen/columnists/story.html?id=d7b2b0d2-dd29-411a-bebb-f9971a62721f>
”*

Dec 14, 2007



Take a look at the Marc Lemire case. This is the 9th year of fighting the
censors … all because he posted a *SINGLE* document on his website, that he
didn’t write or endorse, and was simply a transcript of a radio show
broadcast out of the United States. As soon as Lemire was notified that
someone took issue with the
document<http://blog.freedomsite.org/2009/09/statement-by-marc-lemire-on-tribunals.html>,
he took it immediately down, and undertook to never post it again.



That made little difference to the censors. Hundreds of thousands of
dollars later, and the “Human Rights” Commission – *in their parting “F*ck
You” to freedom* – continue to spend money like drunken sailors at the bar,
to silence Marc Lemire.
 
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