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Internet Censorship case finally gets Court Date
Lemire case to be heard December 2011
After a year and a half, the Federal Court of Canada has finally set a date to hear the Canadian Human Rights Commission frantic appeal to save their censorship enforcer status via Section 13 of the Canadian Human Rights Act. Section 13 is the notorious internet censorship provision, which allowed the state to issue a lifetime speech ban and heavy fines against writers, bloggers and commentators on the internet who express opinions which fanatics define as “hatred and/or contempt”.
Back in September 2009, the Canadian Human Rights Tribunal (CHRT) issued a landmark decision in the Lemire case that Section 13 censorship is an affront to the Canadian Charter of Rights and Freedoms. The CHRT found that Section 13 was unconstitutional and refused to apply the provisions against freedom activist Marc Lemire.
This sent the censors into frantic damage control mode. Because of all the negative publicity the CHRC was receiving, the CHRC hired spin doctor firm Hill and Knowlton to advise them [See Hill and Knowlton CHRC Docs]. The response was two fold, firstly the CHRC hired a hand-picked expert to look at Section 13 and draft a report. That was Dr. Richard Moon, who issued his report in Nov 2008 and called for the repeal of Section 13. That was totally unacceptable to the censorship enforcers, who promptly tossed his report out and proceeded to write their own. While that was going on, the Human Rights Tribunal also threw out Section 13 in the Lemire case. To save face and their censorship empire, the CHRC frantically appealed for judicial review in the Federal Court on the last possible day. [See CHRC appeal documents]
Once the Lemire case reached the Federal Court of Canada, a series of parties intervened on both sides of the issue. To support Section 13 and its censorship powers were three self-appointed Jewish groups, including the Canadian Jewish Congress, the B’nai Brith, Simon Wiesenthal Centre and the “African-Canadian Legal Clinic” represented by the former head of the CJC. Supporting freedom of speech, four organizations were granted intervener status, including the BC Civil Liberties Association, the Canadian Civil Liberties Association, the Canadian Free Speech League and the Canadian Association of Free Expression.
The Lemire case is the definitive challenge to Section 13. Literally all other Section 13 cases in Canada have been stopped pending a final decision, this includes all current cases before the Canadian Human Rights Tribunal, cases recently decided by the Tribunal (orders deferred until Lemire decision) and other cases at the Federal Court of Canada. [Kulbashian v CHRC/AG - 2007 FC 354]
This challenge of Internet censorship is making world-wide news. The website WikiLeaks recently released secret diplomatic cables sent from the Canadian Embassy in Ottawa to all Canadian Embassies and to the American Secretary of State. The cable was sent on October 13, 2009 is entitled “CANADA: FREE SPEECH V. HATE SPEECH HEADED TO FEDERAL COURTS” and is shocking at how biased and bad the research is. A majority of the information in the diplomatic cable is incorrect, misleading or outright false. A copy of the Wikileaks diplomatic cable can be seen at: http://www.wikileaks.fi/cable/2009/10/09OTTAWA789.html
It is really shocking to see how bad the research in this diplomatic cable was. For instance in the first paragraph, the cable claims that “In 2003, Ontario attorney Richard Warman had filed separate human rights complaints against white supremacist Marc Lemire, journalist Mark Steyn, and Maclean,s magazine with CHRC…”. Of course the smear of “white supremacist” against Lemire is crazy, but the claim that Richard Warman filed a complaint against Mark Steyn and Maclean’s magazine is wrong. What idiots are doing research over at the Canadian Embassy?
The diplomatic cable later claims that “There is little public debate over or political interest now in overhauling Canada's federal and provincial human rights legislation -- including Parliamentary abrogation of Section 13 language on penalties -- despite the earlier spike of interest in the Maclean's case.” Contrary to the absurd claims in the diplomatic cable, there is a TON of public debate and interest to overhaul Canada’s Kangaroo courts. Just a few days after this cable was sent, Parliaments Standing Committee on Justice and Human Rights called a major review of Section 13, and hauled the CHRC’s Chief Commissioner to testify.
Since this diplomatic cable was sent out … hundreds of articles have appeared in the mainstream media and blogs, denouncing the Canadian “human rights” commission and their censorship regime.
Here are just a few articles:
"little public debate over or political interest now in overhauling Canada's federal and provincial human rights legislation" .. HA HA
Further reading on Section 13:
· Part #1: SECTION 13: A Sword not a Shield! The Aggressive Nature of Internet Censorship
Fighting the fanatics at the Canadian "Human Rights" Commission and defending freedom of speech for ALL Canadians is not an easy task. In particular, the Federal Court of Canada challenge to defeat Canada’s internet censorship legislation, has consumed an immense amount of time and resources. This has meant sacrificing a lot of cherished things in my life that I used to take for granted such as spending precious time with my wonderful children. It's also very costly and has incurred heavy debts given that I'm facing a "Human Rights" juggernaut that has a limitless budget. It has already spent millions and is prepared to spend a lot more of your tax dollars to keep their thought control machine running.
My courageous lawyer Barbara Kulaszka and myself have demonstrated what two dedicated researchers can accomplish against overwhelming odds. We have single-handedly and doggedly fought the system and exposed the corrupt underbelly of the "Human Rights" Commission's fanatics. Nothing ever comes easy when you are fighting such a racket. This case is a seminal one, where the outcome will have serious implications on our right to think and speak freely in this country for generations to come. All Canadians will benefit if we manage to get this shameful law expunged from our legal books.
Every victory we've attained against the "Human Rights" juggernaut has come at great expense. Nothing has come easy. In fact, the “Human Rights” Commission has done everything in their power to stop exposure of their twisted censorship agenda.
I cannot carry on this important fight alone. Your donations literally equal the survival of this case. I wish to thank all those that have donated to this worthy cause. Please donate directly to us so that I can send out a personal thank you. If you have donated to another organization or individual please contact me so I can thank you directly and send you a copy of our special booklet that is for our supporters only.
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