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VICTORY!

 

Canadian Human Rights Commission complaint against the Freedomsite Withdrawn

 

Download a handout in PDF format

 

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 ( Canada ’s leading internet censorship agency) received two complaints about content on the Freedomsite (http://www.freedomsite.org) and the Freedomsite message board located at http://chat.freedomsite.org.

 

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2005 we were forced to endure the expense and time to draft a legal  motion to the tribunal demanding the complaint be withdrawn.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 Battle won – The war continues.

 

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:

 

  1. To dismiss the complaint against the Freedomsite (VICTORY)
  2. That the law under which I am charged is unconstitutional and should be struck down. (Has been held over until the end of the hearing)

 

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

 

 

Censored by the Rights Maniacs at the Canadian "Human Rights" Commission

Table of Contents

 

1.     What is Section 13 of the Canadian Human Rights Act and why it is a threat to our freedom?

2.     What is the Freedomsite?

3.     The case against Marc Lemire

a. Timeline of case

b. Specific case put forward by Richard Warman and the Canadian Human Rights Commission

c. Motions submitted by Marc Lemire and Canadian Human Rights Commission

4.     Legal Motion challenging the Constitutionality of Section 13 and 54 of the Canadian Human Rights Act

5.     Who is going to Intervene in this case

6.     How can you help?

 

Ordering information:

 

  • Via Credit Card:  Click on "Buy Now" icon above to order via PayPal

  • Via Mail: Send Cheque or Money Order to:

Marc Lemire

152 Carlton Street 

PO Box 92545 

Toronto, Ontario 

M5A 2K1 

Canada

  • Via CAFE: You can also order this booklet through the CAFE

Canadian Association for Free Expression 

P.O. Box 332, Station 'B' 

Etobicoke, Ontario 

M9W 5L3 

CANADA

  • Make a Donation:  Please assist in our battle for freedom of speech and make a donation

Canadian Association for Free Expression 

(Freedomsite Fund)

P.O. Box 332, Station 'B' 

Etobicoke, Ontario 

M9W 5L3 

CANADA

 

 

 

 

 

         

 

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In Defence of Freedom

 

48 pages - $10

 

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Books won't stay banned. They won't burn. Ideas won't go to jail. In the long run of history, the censor and the inquisitor have always lost. The only sure weapon against bad ideas is better ideas.

 -- Alfred Whitney Griswold


Censorship reflects a society's lack of confidence in itself.

-- Potter Stewart