152 Carlton Street
PO Box 92545
Association For Free Expression
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
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:
in relation to data in contravention of Section
430 (1.1) (c)(d) of the Criminal Code.
use of a computer in contravention of Section
342.1 (1) (a)(b) of the Criminal Code.
of telecommunication service in contravention of Section
326 (1)(b) of the Criminal Code.
of Communications in contravention of Section
184 (1) of the Criminal Code.
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
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 CHRC used
a pseudonym on Stormfront.org called “Jadewarr” to post
messages and to print posting.
When the CHRC
was using the pseudonym “Jadewarr” on December 8, 2006 at
3:29pm, they had the IP address of: 18.104.22.168, and printed out
material to be used in a Tribunal hearing days later.
The CHRC tried
everything in their power to not allow Marc Lemire to call any
evidence on either Jadewarr, or the WiFi hacking allegations. They
attempted to block every single attempt he made.
The CHRC lost on all counts, including at the Federal Court
representative of Bell Canada testified that on Dec 8, 2006, the
IP address of 22.214.171.124 was actually owned by a women who
lived down the street from the CHRC’s offices in Ottawa and had
no connection to the CHRC at all.
2006, the woman in question had an unsecured wireless access
point, which was in range of the CHRC’s Ottawa office at 344
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.”
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
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.
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.
look at the evidence used by Lemire in the Criminal Complaint against the
Canadian Human Rights Commission.
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
in the CHRC case against Jessica Beaumont, which is going to a
hearing a few days later in Vancouver.
Testimony of Dean Steacy, and Canadian Human Rights Tribunal,
File No. T1106/8705, on 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 8th, 2006.
On the top of the page printed by Steacy from
Stormfront.org, it says “Welcome, Jadewarr”.
Mr. Warman’s testimony, in cross-examination, Warman states that
he did not know who the pseudonym “Jadewarr” was used by.
Human Rights Tribunal, File No. T1106/8705, on December 12, 2006.
Marc Lemire accesses the Stormfront profile for
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.
evidence, filed by Lemire at CHRT as R-17
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:
address used: firstname.lastname@example.org
Marc Lemire certifies this information in a
legally sworn affidavit, signed on 12 February 2008
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
of Dean Steacy
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
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)
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
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
Lemire files a Notice of
application with regard to Judicial Review of all Section 37
invocations, before the Federal
Court of Canada.
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
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?
is not a person, it is an email address and a user account on
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.
from CHRC counsel.
Court of Canada, CHRC counsel Margot Blight withdrew their
Section 37 objection to the subpoena of
Human Rights Tribunal allowed the issuance of a subpoena of Bell
Canada’s subscriber information for the “Jadewarr” records.
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 126.96.36.199 on
December 8, 2006 at 3:29PM was:
Ottawa , Ontario
User ID: b1cgsw59
Connection date and time: December 7, 2006 from 18:37:22 to December
8, 2006 at 21:35:56
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”
Steacy also confirms the information in the
Marc Lemire affidavit of 12 February 2008.
Steacy confirms that:
CHRC printed off material from the Stormfront website on Dec 8,
material printed was filed as evidence via witness Richard
Warman on Dec 12, 2006 in the Beaumont hearing
Email address used was Jadewarr@yahoo.ca
CHRC used Bell Canada
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.
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 188.8.131.52.
This is based on the user information and Stormfront log
Canadian Human Rights Tribunal
and Past cases: 46 | Cases the tribunal ruled on: 37
NOT A SINGLE
respondent have ever won a section 13 case
98% of cases have poor or working class respondents
90.7% of respondents are not represented by lawyers
$99,000 has been awarded in fines and special compensation since
35 respondents have lifetime speech bans (Cease and Desist)
orders and if not followed the victims could face up to 5 years in
MPs that Support a Repeal of Section 13: http://www.stopsection13.com/repeal_sec13.html
MP James Rajotte
MP Bruce Stanton
MP Russ Hiebert
MP Kevin Sorenson
MP Lee Richardson
Broadcasting Corporation (Rex
Association of Journalists
Mark Steyn (Macleans
Brith Jewish Tribune
Chronicle Herald (Paul Schneidereit)
Warren (Ottawa Citizen)
Marie – SooToday
Challenge of Section 13
Lemire's Constitutional Challenge
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Books won't stay banned.
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only sure weapon against bad ideas is better ideas.
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