Anti-Racist Canada member joins FreeDominion - Breaking !!

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Michael J. Murphy also whined that the government hasn't replaced Section 13 by adding something similar to the criminal code. Of course he is incapable of grasping the fact that Section 13 was created in the first place to punish people who hadn't broken the law. There is no way a free society can have laws that allows people to do what they were doing with Section 13, that's why the odious law was declared unconstitutional by the courts and has been repealed by the parliament.

Notice too that the pro-censorship crowd has no argument once they are stripped of their usual vitriol. Michael J. Murphy didn't dare go on the personal attack against Michael Coren so Murphy was left with nothing. His body language near the end of the interview was priceless.

Michael J. Murphy is the perfect spokesman for the censorship crowd. Michael Coren should have him on his show regularly.

He should be on once a week. I'd tune in! And think of the irony of a guy who tags things "die Sun Media die" boosting their ratings.

[Edward Kennedy]

I recorded the whole thing seeking the answer to the lilelong question of how many wrinkles are on a horse's ass. Unfortunately he did not smile so I could count them.

[Maikeru]

Hate Speech Charges Stayed Against Tremaine
One of the justifications given by the Conservative government for the repeal of Se. 13 of the Human Rights Act was that it was, in effect, redundant. Hate speech law were already found in the criminal code, thus the criminal code should be used to fight hate speech.

We here and many elsewhere have discussed the flaws with this argument, most of which we need not repeat, but one of the reasons that we and others support Sec. 13 is because it is a much more efficient, and quite honestly fair, process (it's also a hell of a lot cheaper for all parties). The Crown is often hesitant to bring file charges for even the most egregious hate propaganda and when charges are filed, it seems to take forever as the defence engage in delaying tactics.

So guess what happened?
Hate charge stayed against Regina math instructor
The justification for staying the charges is based primarily on the length of time it has taken for the case to go to trial. The judge assigned the blame for this delay to the Crown, however if one looks at the motions filed by the defence, the Crown can hardly be assigned sole blame for the snail's pace this case has proceeded.

So far most of the usual suspects have yet to comment on this turn of events, however our friends at Free Dominion have noticed. Connie suggest that this is a loss for Richard Warman and seems to take some pleasure in this belief.

We have to say though that it is an odd reaction from someone who claims to be a, "friend of Israel" to be cheering for a man who has openly advocated for the extermination of Jews and who associated with people who are violent and willing to do their part in that effort (two of whom are currently in prison on murder charges). Then again, we've really never expected consistency from the good folks at Free Dominion.

But Connie's claim that this is a loss for Richard Warman also doesn't seem to pass the smell test for another reason. Warman did file a Sec. 13 complaint against Tremaine, which Warman won. Later, for violating the terms of the CHRT decision, Tremaine was found guilty of contempt of court for which he will face sentencing on October 9. The criminal case against Tremaine was filed by the Crown in Saskatchewan. The failure of the case has been (in our opinion unjustifiably) assigned to the Crown for delays that prevent a timely trial taking place. That ain't Warman's fault, Connie.

However, the success of the CHRT and the failure of the criminal process does highlight how useful a tool Sec. 13 was in the fight against hate speech.
Posted by Nosferatu200 at 6:34 PM
Labels: Connie Fournier, Free Dominion, National-Socialist Party of Canada, Terry Tremaine

[Gerry T. Neal]

What a load of horse manure!

One of the justifications given by the Conservative government for the repeal of Se. 13 of the Human Rights Act was that it was, in effect, redundant. Hate speech law were already found in the criminal code, thus the criminal code should be used to fight hate speech.

1. While there were more important reasons for repealling Section 13 of the Human Rights Act, this reason is valid. It is redundant to have both a law against hate propaganda in the Criminal Code and Section 13 in the Human Rights Act.

2. In fact both a) the hate propaganda section of the Criminal Code and b) Section 13 of the Human Rights Act are redundant. There is only one kind of "hate speech" for the criminalization of which a legitimate case can be made. That is speech which explicitly and purposefully calls for acts of criminal violence against targetted groups of people. Laws against incitement are sufficient to cover this. Both kinds of hate speech laws are redundant.

We here and many elsewhere have discussed the flaws with this argument, most of which we need not repeat, but one of the reasons that we and others support Sec. 13 is because it is a much more efficient, and quite honestly fair, process (it's also a hell of a lot cheaper for all parties). The Crown is often hesitant to bring file charges for even the most egregious hate propaganda and when charges are filed, it seems to take forever as the defence engage in delaying tactics.

1. Efficiency. In evaluating a law the question of efficiency must take second place to that of justice. If a law is unjust, greater efficiency makes it worse, not better. Only if the law is just does greater efficiency improve it.

Hate speech laws, including both Section 13 of the Human Rights Act and the hate propaganda section of the Canadian Criminal Code, are unjust. These laws do not serve the greater good of Canadian society nor do they protect the interests of all Canadian citizens. These laws were written to provide a legal means for the end of silencing and punishing specific people whose ideas the government disapproved of.

2. Fairness. It is difficult to believe that anyone could write that Section 13 is "much more...quite honestly fair" with a straight face. As I explained in the preceding paragraph, both Section 13 and the Criminal Code hate propaganda law are unjust, and something that is unjust cannot be fair. Of the two, however, Section 13 is clearly the least fair. It is biased towards the prosecution. The prosecution has a significantly smaller burder of proof. The defence is not guaranteed legal counsel and is burdened with heavy costs regardless of which side wins.

So far most of the usual suspects have yet to comment on this turn of events, however our friends at Free Dominion have noticed. Connie suggest that this is a loss for Richard Warman and seems to take some pleasure in this belief.

We have to say though that it is an odd reaction from someone who claims to be a, "friend of Israel" to be cheering for a man who has openly advocated for the extermination of Jews and who associated with people who are violent and willing to do their part in that effort (two of whom are currently in prison on murder charges). Then again, we've really never expected consistency from the good folks at Free Dominion.

Connie Fournier's position is consistent. It is Terry Tremaine's right to express his thoughts without being persecuted by the state for doing so that she is upholding, not the content of those thoughts. Connie's willingness to speak out for the freedom of speech of those whose ideas are personally repugnant to her and most of the rest of our society displays both consistency and character, although one cannot expect an idealogue like Nosferatu200 to understand either of those things.

[Maikeru]

Your Daily Progressive:

Nosferatu200 spotted at recent anti-American demonstration outside American Embassy in Cairo !



h/t sda

[Maikeru]

Your Daily Collectivists...

'Anti-Racist Egypt'

[Maikeru]

2 October, 2012 7:44 pm
Warman Wins. Lemire Looses.
You've got to love it when the good guy wins in the end.

THIS COURT’S JUDGMENT is that:

1.The application for judicial review is granted and the matter is remitted to the Tribunal to;
a. issue a declaration that the publication of the article “AIDS Secrets” by the
respondent Marc Lemire constituted a breach of s 13 of the Canadian Human
Rights Act ; and
b. for determination of whether a remedy for the breach is to be imposed under ss
13 and 54(1)(a) and (b) of the Act;

2.It is declared that ss 54 (1) (c) and 54 (1.1) of the Canadian Human Rights Act are
of no force or effect pursuant to s 52 (1) of The Constitution Act, 1982, being
schedule B to the Canada Act 1982 (U.K.), 1982, c. 11,1982;

3.The respondent Richard Warman is awarded costs for the preparation of his
record and his out of pocket disbursements for attendance at the hearing against
the respondent Marc Lemire.

CONCLUSION:
[138] I find that the Tribunal erred in refusing to apply s 13 and to exercise its discretion under
paragraphs 54(1)(a) and/or (b) of the Act to determine a remedy. Since it found the publication of
the article “AIDS Secrets” to be in breach of s 13 the adjudicator should have issued a declaration to
that effect and should have proceeded to consider ordering a remedy under ss 54(1)(a) and (b).

[139] Having found that ss 54(1)(c) & (1.1) did not survive constitutional scrutiny, the
appropriate remedy for the Tribunal to have applied would have been to sever those provisions from
s 13. The Tribunal erred in failing to consider whether s 13 remained constitutionally viable if it
declined to apply the penalty provisions. The adjudicator erred in adopting an all or nothing
approach to the constitutional remedy. The balance of s 13 could stand without applying the later
enacted punitive provisions.

Page: 68
[140] The application for judicial review is, therefore, granted and the matter is remitted to the
Tribunal to determine a remedy for the breach of s 13 under s.54(1)(a) or (b). The request for a
declaration that s 13 is no longer of any force or effect is denied.

COSTS:
[141] The applicant made no request for costs in its Notice of Application and Memorandum of
Fact and Law. For that reason, despite its success on this application, none will be awarded.

[142] Mr. Warman requested his costs during his oral submissions but not in his Memorandum of
Fact and Law. While his record was prepared by counsel, he represented himself on the hearing of
this application. He shall have his costs for the preparation of his record and any out of pocket
expenses incurred in preparing for the hearing.

Only a small part of the document, but you get the idea.

We fully expect the usual suspects will react as they have been conditioned to react.

Apoplectic rage.

Have fun with that.
Posted by Nosferatu200 at 7:44 PM No comments: Links to this post
Labels: Heritage Front, Lemire

[Peter O'Donnell]

Sounds like a far-left judge giving a last hurrah for a concept that is about to be voted totally out of our legal system, at least until the communists get back into power.

I think Canadians in general should make a habit of with-holding mandated payments to Richard Warman or his associates, they only use it for furthering their obviously criminal conspiracy against freedom of speech.

All of these people should be arrested for that conspiracy. And that appears to include whoever hides behind the tag "nosferatu" -- a conspiracy against the constitution is basically treason, by the way. Do Canadians not understand what is going on? Apparently not. Shameful.

All those soldiers died for nothing.

[Maikeru]

ARC goes Full Retard. Again.

17 October, 2012
Free Dominion Cheer For the Nazi. Again
Last night we noticed that there was a new update concerning Terry Tremaine on CBC:
Terry Tremaine no longer facing charges over alleged online activity

CBC News
Posted: Oct 16, 2012 6:05 PM CST
A Regina judge has stayed a charge against Terry Tremaine, who was accused of continuing to post hate speech online in defiance of an order from the Canadian Human Rights Commission.

In 2007, the commission ordered Tremaine to stop posting anti-Jewish material on the internet.
In 2009, Richard Warman — who initiated the complaint against Tremaine — said in an affidavit that Tremaine is disobeying the order and was, at that time, continuing to post material that advocates the extermination of the Jewish community and also attacks blacks and other non-whites.
With a stay of proceedings, Tremaine is no longer before the courts over the allegation of disobeying the commission's order.
It is the second time this fall that a charge against Tremaine has been stayed.
In September a charge of promoting hatred was discontinued because the judge said the case took too long to get to trial.
Tremaine is a former math instructor for the University of Saskatchewan.

We thought that this was a bit curious, as the only other case we were aware of was the contempt charges brought about as a result of Tremaine's violation of the CHRT ruling which ordered him to remove hate propaganda from his website and issuing a cease and desist order on posting any other hate propaganda online. Given the case was being heard in the Federal Court in Vancouver, we wondered why it was a Regina judge who was staying the charges.

After a bit of discussion amongst ourselves, we think we've figured it out. The above article is likely a result of the criminal charge of breaching his bail conditions that arose from his s. 319 criminal charge. Since the s. 319 charges were stayed, we suppose it makes sense that the judge would stay related charges.

However, the contempt charges will proceed through the Federal Court.

But this reality hasn't stopped the good folks at Free Dominion from becoming giddy with excitement that a Nazi who has advocated for the elimination of Jews and the destruction of Israel will continue to be able to attack his victims unabated:

[BREAKING-Tremaine charge stayed! Richard Warman loses again!]

We wonder if Duane (RedDog) would be as comfortable with these opinions if the person who voiced them was named Ahmed and not Terry.

By the way, here are just some of those views that the folks at Free Dominion, who's founders claim to be one of the most pro-Israel website in Canada, are celebrating:

The more a person researches the events surrounding WWII (before, during and after) the more one is led to the conclusion that the real holocaust was against the German people and instigated by the Jews. The holohoax story attempts to invert that and portay(sic) the juden as victims of the `evil Nazis'. As time passes we are learning more and more the real truth.
...
It is nearly one year since Hanadi Jaradat struck a blow against ZOG. I know there are WNs who will criticize me for honouring a muslim in this way but I do not honour her as a muslim or arab, as such, but as a dedicated soldier fighting against ZOG. Nor do I suggest we all strap bombs to ourselves and start blowing up Jews. My only intention is to draw attention to her courage and self-sacrifice (literally) and hope for the day when we have a thousand WN [White Nationalist] equally dedicated to destroying our enemy.
...
The more the Jews try to stamp out anti-semitism the more it will increase. That is guaranteed. It will increase until the Jews themselves realize thay(sic) are the cause of anti-semitism (which will never happen). Just as a healthy body attempts to identify and repell(sic) foreign destructive organisms so too any healthy society will react to the Jew with revulsion and disgust and will desire to have them expelled. The Jews attempt to undermine this healthy response the same way the AIDS virus interferes with the body's rejection of foreign organisms. But for the Jews that will not work. There are too many people aware. We are like the White blood cells in certain people that are immune to the effects of the AIDS virus.
...
The Arabs are NOT the new juden. The juden are the juden!! As Dr. Pierce used to say, once we deal with the Jews everything else will just be mopping up.
...
The Jews are the poisoners(sic) of all nations. One reason they promote multi-culturalism (which is really multi-racialism) is to create a country of mulatos(sic), whom the Jews find easy to control and a bunch of squabbling ethnic groups whom they can divide and conquer. In a multi-racial country the racial group with the strongest ethic solidarity will rule. The Jews believe, in all likelihood truly, that they have sufficient internal cohesion amongst themselves to rule, especially considering their current grip on the financial, political, educational, and cultural (media) institutions.

Every ethnic group must recognize the above to be true. We, as WNs, can form strategic alliances with other national groups but we must be wary of trying to get others to fight our battles for us. In such a case, those other groups will determine the configuration of a final victory. We must determine that configuration ourselves. In practical terms, the final configuration must not involve the breakup of any of our formerly White countries. Rather than trying to create some little White-only national territory, we should have a grande view. Kick the Jews out and have no more to do with them regardless where they end up. Then help the other ethnic groups towards repatriation. ... They do not share our values, which is (sic) demonstrated by their tendency to gang activities and crime in general. And even if they did share our values we do not want them here because we want our territory for the advancement of our own race to achieve our racial advancement.

We can establish an agreement among other national groups to ensure the Jews have no safe haven to re-establish another base of operations such as America and Britain. [...]

Fundamentally we (and all ethnic groups and races) must see the Jews as alien poisoners (sic) who always try to get others to do their dirty work. That way they can always claim innocence and do not get their hands dirty. Nor do they have to spend any of their own precious gold. They have openly declared that they would rather destroy the world than have their own national existence threatened (the Samson Option). We must accept that they are serious about that. We must turn that around and say, better that the Jews and Israel be destroyed than have the world destroyed.

Posted by Nosferatu200 at 10:41 PM
Labels: Connie Fournier, Free Dominion, Mark Fournier, National-Socialist Party of Canada, Terry Tremaine

[LAR]

I'm pleased to see the grotesque night creature agrees that opinions should be allowed to be posted even though he may disagree with them.

[Edward Kennedy]

...more drivel from liars, cowards, and anti freedom intolerants and bigots

[Connie Fournier]

I'm glad Mr. Warman was able to clear this up for us. It is really difficult to keep track of all of this "disruption" without some kind of a chart or a wiki or something.

As far as the bit about us supporting Terry Tremaine's political views, everyone knows that is crap. What we DON'T support is some well-heeled Ottawa lawyer going after a university professor he doesn't know over non-criminal speech, rendering him jobless, driving him into a psychiatric facility and then, once he has no money to defend himself, attempting to have him imprisoned.

[RedDog]

I'm glad Mr. Warman was able to clear this up for us. It is really difficult to keep track of all of this "disruption" without some kind of a chart or a wiki or something.

As far as the bit about us supporting Terry Tremaine's political views, everyone knows that is crap. What we DON'T support is some well-heeled Ottawa lawyer going after a university professor he doesn't know over non-criminal speech, rendering him jobless, driving him into a psychiatric facility and then, once he has no money to defend himself, attempting to have him imprisoned.

It sounds like the script for a really bad film. Of course a car chase and Bond style gun play stunts would make it sellable. One could call it The Warman Identity.

Disclaimer: The reference to gun play stunts is merely envisioning a marketable film in entertaining fun which could be seen as profitable. It in no way implies encouragement or suggestion of actual real life threat of violence or harm toward any person or persons. RedDog is entirely responsible for this disclaimer and I was in no way coerced into making it by any party.

[Narrow Back]

[EdS]

Sigh... As a well-informed Jew, I never heard of Terry Tremaine until I heard of Warman's actions against him. To my mind, Tremaine was an insignificant and obscure little antisemite publishing defamatory lies in venues I never visited. I never heard of Tremaine until Warman made him famous.