<b>Mark</b> & <b>Connie</b>, congratulations.
You have my permission to take the rest of the day off.
-- hdm
BREAKING! Fourniers WIN John Doe Appeal!
by hdm » 05/ 03/ 10 5:17 pm
Opinions posted on Free Dominion are those of the individual posters and are not necessarily the opinion of Free Dominion or its operators.
Free Dominion does not advocate violence, hate speech or an overthrow of the government.
Free Dominion does not advocate violence, hate speech or an overthrow of the government.
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hdm - Posts: 3289
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by Red » 05/ 03/ 10 5:26 pm
Congratulations Connie and Mark, and thank you from the bottom of my Con heart for taking a principled stand and fightening those SLAPP suits.
Opps my apologies I forgot to remit my last donation, it shall be in the mail asap. It will.
Opps my apologies I forgot to remit my last donation, it shall be in the mail asap. It will.
Section 13 reminds me of this poem: I am judge I am jury says cunning fury. Ill try the whole case and condemn you to death
- Red
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by J.B. Stone » 05/ 03/ 10 5:31 pm
Angleland wrote:It seems clear who klinxx was.
There were just TOO many red flags with that klown.
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J.B. Stone - Posts: 47733
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by bulldog905 » 05/ 03/ 10 5:41 pm
Kudos to the Fourniers.
2 of the most principled and courageous people in Canada.
And Kudos to Barbara Kulaszka , the foremost 'human rights' lawyer in Canada!
2 of the most principled and courageous people in Canada.
And Kudos to Barbara Kulaszka , the foremost 'human rights' lawyer in Canada!
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bulldog905 - Member
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by Connie Fournier » 05/ 03/ 10 5:42 pm
Feel free to pass this along!
FOR IMMEDIATE RELEASE
New Law Protects Internet Privacy Rights - Warman vs Fourniers and John Does
On April 8, 2010, a precedent-setting case regarding internet law was heard in the Ontario Divisional Court.
The case was an Appeal of a lower court motion decision in the case of Warman vs Fourniers and John Does. The ruling being appealed stated that the defendants were to turn over personal information such as IP addresses and email addresses for anonymous posters who were alleged to have defamed the plaintiff. The defendants' position was that online anonymity should be protected until it is clear that there is a strong case that a "John Doe" has broken the law.
The Divisional Court decision that was released this afternoon changed the rules of disclosure in civil litigation so that plaintiffs must now prove a prima facie case against John Does before site administrators are required to turn over personal information about them. The ruling states, in part:
In addition, because this proceeding engages a freedom of expression interest, as well as a privacy interest, a more robust standard is required to address the chilling effect on freedom of expression that will result from disclosure....
...In the circumstances of a website promoting political discussion, the possibility of a defence of fair comment reinforces the need to establish the elements of defamation on a prima facie basis in order to have due consideration to the interest in freedom of expression.
The text of the decision can be read here: http://www.freedominion.com.pa/images/appeal_ruling.pdf
This case is a huge step forward toward changing the law to accomodate new technology.
FOR MORE INFORMATION CONTACT
Connie Fournier
(613) 888-1169
connie@freedominion.ca
http://www.freedominion.com.pa
-30-
FOR IMMEDIATE RELEASE
New Law Protects Internet Privacy Rights - Warman vs Fourniers and John Does
On April 8, 2010, a precedent-setting case regarding internet law was heard in the Ontario Divisional Court.
The case was an Appeal of a lower court motion decision in the case of Warman vs Fourniers and John Does. The ruling being appealed stated that the defendants were to turn over personal information such as IP addresses and email addresses for anonymous posters who were alleged to have defamed the plaintiff. The defendants' position was that online anonymity should be protected until it is clear that there is a strong case that a "John Doe" has broken the law.
The Divisional Court decision that was released this afternoon changed the rules of disclosure in civil litigation so that plaintiffs must now prove a prima facie case against John Does before site administrators are required to turn over personal information about them. The ruling states, in part:
In addition, because this proceeding engages a freedom of expression interest, as well as a privacy interest, a more robust standard is required to address the chilling effect on freedom of expression that will result from disclosure....
...In the circumstances of a website promoting political discussion, the possibility of a defence of fair comment reinforces the need to establish the elements of defamation on a prima facie basis in order to have due consideration to the interest in freedom of expression.
The text of the decision can be read here: http://www.freedominion.com.pa/images/appeal_ruling.pdf
This case is a huge step forward toward changing the law to accomodate new technology.
FOR MORE INFORMATION CONTACT
Connie Fournier
(613) 888-1169
connie@freedominion.ca
http://www.freedominion.com.pa
-30-
"Some of my policing friends would be horrified by the fact that I`ve come to speak to an Anti-Racist Action conference this morning. Some of you are probably horrified by the fact that I just used the words `police`and `friends` in the same sentence." - Richard Warman, July 6, 2005
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Connie Fournier - Member
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by gordgekko » 05/ 03/ 10 5:50 pm
Perhaps there is hope for this country yet. Good for you guys!
"You can't be a real country unless you have beer and an airline; it helps if you have some kind of a football team, or some nuclear weapons, but at the very least you need beer." - Frank Zappa
Enter Stage Right - http://www.enterstageright.com
Enter Stage Right - http://www.enterstageright.com
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gordgekko - Posts: 46
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by Connie Fournier » 05/ 03/ 10 5:52 pm
bulldog905 wrote:And Kudos to Barbara Kulaszka , the foremost 'human rights' lawyer in Canada!
That's the quote of the day!
"Some of my policing friends would be horrified by the fact that I`ve come to speak to an Anti-Racist Action conference this morning. Some of you are probably horrified by the fact that I just used the words `police`and `friends` in the same sentence." - Richard Warman, July 6, 2005
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Connie Fournier - Member
- Posts: 20387
- Joined: 01/ 06/ 01 2:01 am
- Location: Kingston, Ontario
by styky » 05/ 03/ 10 5:55 pm
Connie Fournier wrote:Feel free to pass this along!
FOR IMMEDIATE RELEASE
New Law Protects Internet Privacy Rights - Warman vs Fourniers and John Does
On April 8, 2010, a precedent-setting case regarding internet law was heard in the Ontario Divisional Court.
The case was an Appeal of a lower court motion decision in the case of Warman vs Fourniers and John Does. The ruling being appealed stated that the defendants were to turn over personal information such as IP addresses and email addresses for anonymous posters who were alleged to have defamed the plaintiff. The defendants' position was that online anonymity should be protected until it is clear that there is a strong case that a "John Doe" has broken the law.
The Divisional Court decision that was released this afternoon changed the rules of disclosure in civil litigation so that plaintiffs must now prove a prima facie case against John Does before site administrators are required to turn over personal information about them. The ruling states, in part:
In addition, because this proceeding engages a freedom of expression interest, as well as a privacy interest, a more robust standard is required to address the chilling effect on freedom of expression that will result from disclosure....
...In the circumstances of a website promoting political discussion, the possibility of a defence of fair comment reinforces the need to establish the elements of defamation on a prima facie basis in order to have due consideration to the interest in freedom of expression.
The text of the decision can be read here: http://www.freedominion.com.pa/images/appeal_ruling.pdf
This case is a huge step forward toward changing the law to accomodate new technology.
FOR MORE INFORMATION CONTACT
Connie Fournier
(613) 888-1169
connie@freedominion.ca
http://www.freedominion.com.pa
-30-
Done
Passed it to my favorite evening radio talk guy.
Click here for FREEDOMINION FORUM RULES
All the great things are simple, and many can be expressed in a single word: freedom; justice; honor; duty; mercy; hope ~ Sir Winston Churchill
"The problem with socialism is that eventually you run out of other peoples money." Margaret Thatcher They say it takes a minute to find a special person, an hour to appreciate them, a day to love them, but then an entire life to forget them.
All the great things are simple, and many can be expressed in a single word: freedom; justice; honor; duty; mercy; hope ~ Sir Winston Churchill
"The problem with socialism is that eventually you run out of other peoples money." Margaret Thatcher They say it takes a minute to find a special person, an hour to appreciate them, a day to love them, but then an entire life to forget them.
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styky - Member
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by Dennis » 05/ 03/ 10 5:59 pm
Congratulations. Haven't been following the details of this specific case, but know about Warman and his antics.
However, what I found a bit confusing was this headline underneath your story on National Newswatch:
- Warman would have won in a Halifax court
and it links to this story:
http://thechronicleherald.ca/Front/9016261.html
which doesn't even mention Warman's name.
Seems to me that the headline writer at National Newswatch is taking a few editorial liberties.
However, what I found a bit confusing was this headline underneath your story on National Newswatch:
- Warman would have won in a Halifax court
and it links to this story:
http://thechronicleherald.ca/Front/9016261.html
which doesn't even mention Warman's name.
Seems to me that the headline writer at National Newswatch is taking a few editorial liberties.
- Dennis
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by Mark Fournier » 05/ 03/ 10 6:02 pm
The case in Halifax, Dennis, didn't involve Warman but it was a bit similar. There were different issues at stake in the Halifax case though and that ruling didn't effect ours.
"If it takes force to impose your ideas on your fellow man, there is something wrong with your ideas. If you are willing to use force to impose your ideas on your fellow man, there is something wrong with you." - Mark Fournier
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Mark Fournier - Member
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by Connie Fournier » 05/ 03/ 10 6:04 pm
The case in Halifax was totally different. The people with the information were third parties (not co-defendents), and the motion was unopposed.
The media keeps trying to compare these cases, but it is apples and oranges.
The media keeps trying to compare these cases, but it is apples and oranges.
"Some of my policing friends would be horrified by the fact that I`ve come to speak to an Anti-Racist Action conference this morning. Some of you are probably horrified by the fact that I just used the words `police`and `friends` in the same sentence." - Richard Warman, July 6, 2005
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Connie Fournier - Member
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- Location: Kingston, Ontario
by Mark Fournier » 05/ 03/ 10 6:07 pm
Kudos also need to go to the Free Dominion John Does 1-8 who were also named in this particular SLAPP suit. Every one of them stood firm at great personal risk. It took guts and commitment to what is right to stand up to a professional plaintff.
"If it takes force to impose your ideas on your fellow man, there is something wrong with your ideas. If you are willing to use force to impose your ideas on your fellow man, there is something wrong with you." - Mark Fournier
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Mark Fournier - Member
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by styky » 05/ 03/ 10 6:07 pm
Connie Fournier wrote:The case in Halifax was totally different. The people with the information were third parties (not co-defendents), and the motion was unopposed.
The media keeps trying to compare these cases, but it is apples and oranges.
It's called lazy journalism.
Click here for FREEDOMINION FORUM RULES
All the great things are simple, and many can be expressed in a single word: freedom; justice; honor; duty; mercy; hope ~ Sir Winston Churchill
"The problem with socialism is that eventually you run out of other peoples money." Margaret Thatcher They say it takes a minute to find a special person, an hour to appreciate them, a day to love them, but then an entire life to forget them.
All the great things are simple, and many can be expressed in a single word: freedom; justice; honor; duty; mercy; hope ~ Sir Winston Churchill
"The problem with socialism is that eventually you run out of other peoples money." Margaret Thatcher They say it takes a minute to find a special person, an hour to appreciate them, a day to love them, but then an entire life to forget them.
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styky - Member
- Posts: 120244
- Joined: 03/ 10/ 03 9:21 pm
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