The Freedom-site: Criminal Complaint against CHRC: Evidence leads to the USA, where the RCMP can’t follow up

Criminal Complaint against CHRC: Evidence leads to the USA, where the RCMP can’t follow up

According to an article in todays National Post, the RCMP will not criminally charge the CHRC with theft of an innocent woman’s internet connection because the evidence leads to an American website, which is outside the jurisdiction of the RCMP.

While Marc Lemire filed the criminal complaint, he has yet to be notified of any decision taken by the RCMP in this matter, although Lemire was receiving regular updates from Sgt. Stéphane Turgeon, who is the “OPS NCO” in charge of the “Integrated Technological Crime Unit” of the RCMP. During the course of the investigation, it appears that the RCMP conducted interviews with five individuals, most of whom were CHRC employees.

The allegation made by Lemire is that “Dean Steacy and/or other Commission employees willfully connected to the wireless access point owned by Nelly Hechme, in order to hide their online identity. Then impersonating Mrs. Hechme, via her internet connection, browsed to Stormfront.Org website and printed documents that were submitted as evidence of material fact before the Canadian Human Rights Tribunal.”

Lemire’s allegation further submits that this violated four sections of the Criminal Code of Canada, in particular:

The facts in this case are overwhelming against the CHRC and concern their spying operations and entrapment program via internet service providers in Canada and websites in the United States of America.

To fully understand how much evidence there is against the CHRC, here is a brief summary of the case Marc Lemire put forward to the RCMP.

The decision by the RCMP to not proceed, is certainly not due to lack of evidence, but actually driven by cross-border issues and jurisdiction. The CHRC has not been found innocent or fully exonerated, rather the National Post article sums it up as “the RCMP .. do not have proof her account was hacked, nor proof that it was not, and to investigate further would involve going after technical data from a website based in the United States, stormfront.org, which they said is not possible.”

The Privacy Commissioner of Canada is still investigating this case, and their investigation is looking at a burden of proof that is on a “balance of probabilities”. Criminal investigations require a much higher level of proof, which is “beyond a reasonable doubt.”. As Marc Lemire has recently stated “on a balance of probabilities, the evidence appears to be very solid that the CHRC has engaged in the theft of an innocents woman’s internet connection.”

A decision by the Privacy Commissioner of Canada is still outstanding. As well, the Justice Committee in the House of Commons has expressed interest in reviewing the shady investigation practices of the CHRC.

The Justice Committee investigation brought forward by St. Catharines’ Conservative MP Rick Dykstra, would “review the mandate and operations of the Commission” and “review the Commission's application and interpretation of section 13 of the Act”.

For those who love facts and solid evidence, here is a more detailed view of the evidence in the criminal complaint against the Canadian Human Rights Commission.

Detailed look at the evidence used by Lemire in the Criminal Complaint against the Canadian Human Rights Commission.

December 8, 2006 at 3:29pm	CHRC lawyer Giacomo Vigna and Richard Warman attend the offices of the Canadian Human Rights Commission at 344 Slater Street in Ottawa. They go and see CHRC investigator Dean Steacy, with the specific purpose of having Steacy use the CHRC’s internet infiltration pseudonym “Jadewarr” on the Stormfront website and print out a specific document which will used in the CHRC case against Jessica Beaumont, which is going to a hearing a few days later in Vancouver. SOURCE: Testimony of Dean Steacy, and Canadian Human Rights Tribunal, File No. T1106/8705, on December 12, 2006. (Beaumont case)
December 12, 2006	Richard Warman testifies on behalf of the Canadian Human Rights Commission at the Beaumont Hearing in Vancouver, and enters into evidence the print out that Dean Steacy made on December 8^th, 2006. On the top of the page printed by Steacy from Stormfront.org, it says “Welcome, Jadewarr”. Note: During Mr. Warman’s testimony, in cross-examination, Warman states that he did not know who the pseudonym “Jadewarr” was used by. SOURCE: Canadian Human Rights Tribunal, File No. T1106/8705, on December 12, 2006. (Beaumont case)
March 25, 2007	Marc Lemire accesses the Stormfront profile for “Jadewarr” The user profile shows that the last activity (last logon) was 12-08-2006 03:29PM. As well it showed a join date of 02-02-2005. SOURCE: “Jadewarr” evidence, filed by Lemire at CHRT as R-17
March 2007	Marc Lemire sends a request to Mr. Don Black, the owner of Stormfront.Org requesting the IP address and e-mail address associated with the Stormfront member “Jadewarr” Don Black provides the following information: IP Address: 70.48.181.203 Host Name: bas2-ottawa23-1177597387.dsl.bell.ca E-Mail address used: jadewarr@yahoo.ca Marc Lemire certifies this information in a legally sworn affidavit, signed on 12 February 2008
May 10, 2007	Marc Lemire subpoenas' CHRC investigator Dean Steacy as a witness to give sworn testimony before the Tribunal. Giacomo Vigna, a lawyer for the CHRC, blocks all questioning of Mr. Steacy regarding the “Jadewarr” account, by using Section 37 of the Canadian Evidence Act. Once the CHRC invokes Section 37, all questioning is stopped for matters of security and “public interest”, and only the Federal Court of Canada can order the answers to the questions SOURCE: Transcript of Dean Steacy
May 14, 2007	Marc Lemire files a motion before the Canadian Human Rights Tribunal for a subpoena of Bell Canada’s records requesting the following: User account and subscriber information for the user of IP Protocol address: 70.48.181.203, with hostname bas2-ottawa23-1177597387.dsl.bell.ca, that was connected to the Bell Sympatico and/or Bell Canada network on: December 8th, 2006 at 03:29 PM (EST)
May 15, 2007	The Canadian Human Rights Commission replied: The Commission, pursuant to section 37 of the Canada Evidence Act, R.S.C. 1985, c.C-5, formally objects to the disclosure of this information. We certify to the Tribunal that this information should not be disclosed on the basis of the public interest as the disclosure of this information would be prejudicial to the Commission’s investigative process
May 17, 2007	Tribunal ruled that since Section 37 has been invoked by the CHRC for the Bell Canada Subpoena, and that only the Federal Court of Canada can review the application.
May 17, 2007	Marc Lemire files a Notice of application with regard to Judicial Review of all Section 37 invocations, before the Federal Court of Canada.
December 20, 2007	The Canadian Human Rights Commission gives in on all Section 37 objections and makes voluntary admissions on the identity of Jadewarr. The information revealed by the CHRC, in admissions certified as true by counsel, in regards to Dean Steacy was: 2. Getting back to Jadewarr, do Commission employees sign up accounts on Stormfront, under pseudonyms such as “Jadewarr”? o I used the Jadewarr email address to create an account on Stormfront. I am not aware whether or not other investigators have created other accounts on Stormfront. 3. Do you know who Jadewarr is? o Jadewarr is not a person, it is an email address and a user account on Stormfront.org. I created the Jadewarr email address on yahoo.ca and the Jadewarr account on Stormfront. I have used the Jadewarr email address and the Jadewarr account on Stormfront on occasion, in the course of investigating complaints. I am not aware of anyone else having used the Jadewarr email address or account. SOURCE: Letter from CHRC counsel.
January 15, 2008	Federal Court of Canada, CHRC counsel Margot Blight withdrew their Section 37 objection to the subpoena of Bell Canada .
March 3, 2008	Canadian Human Rights Tribunal allowed the issuance of a subpoena of Bell Canada’s subscriber information for the “Jadewarr” records.
March 25, 2008	Alain Monfette, director of the law enforcement support team for Bell Canada, testified under oath before the Tribunal (Warman v. Lemire) that the owner of the IP address 70.48.181.203 on December 8, 2006 at 3:29PM was: Nelly Hechme XXXXXXXXXXXX Street. Ottawa , Ontario User ID: b1cgsw59 Connection date and time: December 7, 2006 from 18:37:22 to December 8, 2006 at 21:35:56
March 25, 2008	CHRC investigator Dean Steacy testifies under oath before the Tribunal (Warman v. Lemire) that he used the “Jadewarr” account and printed the webpage as used in the Beaumont case. Dean Steacy also testified that: John Chamberlin, Sandy Kozak and his assistant also had the password to the “Jadewarr” account. Steacy also confirms the information in the Marc Lemire affidavit of 12 February 2008. Steacy confirms that: The CHRC printed off material from the Stormfront website on Dec 8, 2006 The material printed was filed as evidence via witness Richard Warman on Dec 12, 2006 in the Beaumont hearing The Email address used was Jadewarr@yahoo.ca The CHRC used Bell Canada
March 26, 2008	National Post newspaper in a front page story entitled “Jeers and Loathing at tribunal” reported the following: Reached by phone last night, Ms. Hechme, 26, told the National Post she has no connection to the tribunal, has never known any of the investigators, and has never accessed a Web site as Jadewarr. She said that in the relevant period in 2006 she did have a Bell Sympatico account with a wireless connection that was not password controlled, meaning anyone within range of her apartment could have accessed the Internet with it.
May 28, 2008	Don Black, owner of Stormfront.org website completes an affidavit which certifies the information he provided to Lemire in March, 2007. This certifies that the IP address used by the CHRC on December 8, 2006 at 3:29PM was 70.48.181.203. This is based on the user information and Stormfront log information.

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