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Canadian Association For Free Expression







Marc Lemire's Lawyer demands an APOLOGY from CHRC Lawyers for shamelessly misleading evidence and false security threat allegations




TO: Canadian Human Rights Tribunal,

160 Elgin St. , 11th Floor,

Ottawa , ON K1A 1J4


These proceedings were adjourned on May 11, 2007 at the request of Mr. Ian Fine for the Commission on the grounds that neither Commission counsel could act as they were ill. However, Mr. Fine and Mr. Vigna repeatedly mentioned some sort of security breach that had occurred involving two Commission employees.


Mr. Fine stated: “… it is a serious issue in our view, and it does involve people who are now employed by the Commission and involving this case.”


The Chairperson asked: “Did it take place in my hearing room?”


Mr. Fine replied: “Yes.”


The Chairperson: “The security issue?”


Mr. Fine: “I’m sorry, it involves people that come to this hearing room, yes.”


As a result of these statements and those later of Mr. Vigna, the Chairperson commenced an interrogation of myself regarding whether Mr. Lemire and myself had come up with other people to Ottawa, or met with people in Ottawa. The Chairperson also referred to material that had previously been filed by the Commission on its motion for closed proceedings.


All of this is extremely troubling to me, as counsel for Mr. Lemire.


The Commission has steadfastly attempted to smear Mr. Lemire as a violent hatemonger. Its lawyers come to Tribunal hearings bristling with security personnel who even accompany them to restaurants and washrooms. Constant reference has been made to a judgment of the Federal Court in the Ernst Zundel national security case in which Mr. Lemire was named, although he had no opportunity to appear at these hearings and although the law under which this decision was made has been struck down as a violation of the most basic rights of Canadians. The Commission has made submissions in its latest motions that hate messages “carry with them an element of violence” (para. 30, Motion for Special Measures), strongly suggesting that the witnesses in Ottawa had every reason to fear Mr. Lemire.


Finally, on May 11th, Mr. Fine appeared before the Tribunal making constant reference, together with Mr. Vigna, to some unspecified security crisis involving the Lemire case which had Mr. Vigna so discombobulated that he could not function.


Yet the evidence it attempts to use against Mr. Lemire on security issues either has nothing to do with Mr. Lemire or it produces evidence which is utterly false: the alleged Martinez DVD and Fromm CD, which the Commission put forward to the Tribunal are not the disks advertised by Mr. Fromm and Mr. Lemire. When I requested an affidavit from the Commission to prove these disks, the Commission refused. It has never provided a true copy of these disks to the Tribunal.  This type of behaviour by counsel for the Commission is unacceptable and makes it difficult to accept anything they say at face value.


This case raises the interesting question of whether Commission counsel have privacy rights regarding their medical conditions which respondents do not.


I believe a respondent would have been required to provide a medical certificate to obtain an adjournment. If so, Commission counsel should also be required to do so and it should be public.


I would submit that the Commission also apologize for alleging a security breach involving this case when there was no evidence to support it and it was not the reason an adjournment was requested.  The affect was simply to prejudice Mr. Lemire about something he had nothing to do with, whatever it was.


Yours truly,





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