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Contents
Contact us!
152 Carlton Street PO Box 92545 Toronto, Ontario M5A 2K1 Canada
Canadian Association For Free Expression
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VICTORY! Canadian
Human Rights Commission complaint against the Freedomsite
Withdrawn
Official
notice just came in … Marc Lemire has won his motion to have the
complaint against the Freedomsite dismissed!
Thanks to the great legal motion written by the famous civil
liberties lawyer, Barbara Kulaszka, the “Human Rights” Commission and
the complainant withdrew their complaint. For
the first time in Canadian history, we have won a case under Section 13 of
the Canadian Human Right Act! The
battle still continues as the case against Marc Lemire is still going to
proceed to the “Human Rights” Tribunal, a quasi-judicial proceeding
where anything goes (and by “anything” we mean, anything against you!)
The Tribunal is a blight on our legal system, where previous rulings have
shown -- truth is no defence,
intent is no defence, hearsay
evidence can be accepted. History
of the case Back
in 2004, the Canadian Human Rights Commission ( The
two separate complaints named Marc Lemire in one and the second named
“The Freedomsite” which was listed as
“www.freedomsite.org and chat.freedomsite.org” As
soon as these cases were referred to the Tribunal, we immediately
complained that a legal proceeding can not be brought against domain name
as it is simply an electronic address and has no personhood. In
November of 2005, we wrote to the Canadian Human Rights Commission and the
complainant that this is trite law and they should withdraw their
complaint against “The Freedomsite” They
refused to. In
December, 2005 we were forced to endure the expense and time to draft a legal
motion to the tribunal demanding the complaint be withdrawn.
Our legal motion was 15 pages long and contained superbly written
legal arguments. At
the 11th hour, as the Canadian Human Rights Commission and the
complainant, were due to respond to our motion, the complainant contacted
the tribunal and expressed his interest to withdraw the complaint. After
a few more letters back and forth with the tribunal, official notice came
into my fax machine today saying: “The
Tribunal acknowledges receipt of Mr. Kulaszka’s
letter and Mr. Vigna’s letter both dated
January 10, 2006 confirming that they do not object to the complainant
withdrawing his complaint against the respondent, The Freedomsite. As
a result, the proceedings in the matter against the Respondent, The
Freedomsite, are discontinued and our file has
now been closed.” Translated
from legal terms.
We have won. The
complaint against the named respondent “The Freedomsite”
is now dismissed! One
The
case against “The Freedomsite” is now
dismissed and the case against Marc Lemire continues it path towards a
hearing at the Canadian Human Rights Tribunal. In
my case, we have filed two motions before the tribunal starts:
We
continue to fight as hard as we can and we will stand up for all Canadians
and their rights to freedom of speech and freedom of the press on the
Internet. This
battle will be long and expensive. I
need your help to continue the fight!
Please read on for how to assist in my case and get a copy of “In
Defence of Freedom” our latest booklet on
the Canadian Human Rights Commission and the battle for Marc Lemire’s
freedom. What
is Section 13 of the Canadian
Human Rights Act and why it is a threat to our freedom? Canadian
Human Rights Act: 13.
(1) It is a discriminatory practice for a person or a group of persons
acting in concert to communicate telephonically or to cause to be so
communicated, repeatedly, in whole or in part by means of the facilities
of a telecommunication undertaking within the legislative authority of
Parliament, any matter that is likely to expose a person or persons to
hatred or contempt by reason of the fact that that person or those persons
are identifiable on the basis of a prohibited ground of discrimination. Interpretation (2)
For greater certainty, subsection (1) applies in respect of a matter that
is communicated by means of a computer or a group of interconnected or
related computers, including the Internet, or any similar means of
communication, but does not apply in respect of a matter that is
communicated in whole or in part by means of the facilities of a
broadcasting undertaking. R.S.,
1985, c. H-6, s. 13; 2001, c. 41, s. 88. The
Canadian
Human Rights Act - Section 13, covers literally all forms of
speech via “a group of interconnected or related computers, including
the Internet, or any similar means of communication.” Meaning any
computer that is networked can fall under this act. As far fetching (and
unconstitutional) as this act is, it can even covers private
communications between a citizen and perhaps his Member of Parliament.
This act can cover corporate intranets, e-mail servers, Voice over IP
telephone calls and personal networks, even if the communication is not
public, nor was ever meant to be public. Unlike
most other laws, Section 13 of the Act lists no defences.
Yes that’s correct – ZERO – for a private individual. As previous CHRT
ruling have shown: Truth is no defence. Your
intent is irrelevant. The tribunal does not have to follow any regular
rules of a court. Hearsay evidence can even be allowed. With
the more recent amendments to the “Human rights” Act, victims can now
face stiff fines as well as cease and desist
orders. If your found in contravention of a
wide ranging cease and desist order that the “Human Rights” Tribunal
issues, your looking at possibly lengthy jail sentences. We need to fight
against such a broad act that covers literally every form of speech
imaginable on the Internet --- enforceable by fines which could run clear
in excess of $70,000 and financially ruin people. First
they came for John Ross Taylor, then Wolfgang
Droege, then Ernst Zundel, …
now they are looking to silence anyone left in Canada with some original
thoughts - with well over 16 complaints filed (most filed by Richard
Warman). Some of the complaints have already went through the tribunal,
while others are in the queue waiting to be crucified at the
alter of political correctness. The
Canadian
Human Rights Tribunal is a quasi-judicial hearing that seems
only be interested in silencing people that go before it.
Fairness and justice be damned. As it stands in December of 2005,
not a single person who has been taken to the tribunal on a Section 13
complaint has won. The entire system from start to finish is set to
persecute people and harass critics of Immigration, multiculturalism and
the Holocaust Industry.
In Defence of Freedom Marc Lemire Vs. The Canadian "Human Rights" Enforcers
48 pages (color cover) - $10.00
Ordering information:
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