Judge Ponders Sending Dissident to Prison for Not Shutting Down His Website

Written by Paul Fromm

Friday, 12 October 2012 04:37

*Judge Ponders Sending Dissident to Prison for Not Shutting Down His Website *** *VANCOUVER. October 10, 2012.* A controversial website http://nspcanada.nfshost.com. may soon disappear and many postings by a Regina university lecturer may be removed from STORMFRONT, if Canada’s thought control advocates get their way. A federal judge was asked to jail Internet dissident and webmaster Terry Tremaine for months or until he breaks and removes a controversial website. After a tense morning of demands for the jailing of a man who has posted politically incorrect opinions on the Internet and equally strong submissions by his lawyer Douglas Christie decrying censorship and bullying by the state, Judge Sean Harrington adjourned court and reserved judgement in Mr. Tremaine’s contempt of court hearing here. Representing the Canadian Human Rights Commission Daniel Poulin urged an 85 day term of incarceration for Mr. Tremaine or until “the original material found to be offensive” under Sec. 13 of the Canadian Human Rights Act (now repealed by the House of Commons) is removed. He argued that leaving the postings complained of was violating a Human Rights Tribunal’s order to “cease and desist.” In a further demand that had Internet savvy listeners shaking their heads, he insisted that Mr. Tremaine must remove his signature block from his more than 3,000 posting on Stormfront, where he posted under the name *“mathdoktor99”* because it provides the web address of his website. He then seemed to go further and said: “The only way to ensure the material is not repeated is to remove the website,” even though it was acknowledged there were several thousands of postings and audio and musical items, only a few of which formed the basis of the 2005 complaint by Richard Warman. Mr. Poulin charged that Mr. Tremaine “knew he was ignoring the cease and desist order and he did so purposefully.” So, in Mr. Poulin’s submission, Mr. Tremaine is to be ordered to take down his website and write to STORMFRONT to remove material deemed offensive in the Tribunal’s order. How, the judge asked, is Mr. Tremaine to “purge his contempt and remove material from the Internet” if he is in jail? “He can have his lawyer do it or hire a consultant,” Mr. Poulin shot back. Further, “if he fails to remove the website after 85 days, he must transfer the website to the Canadian Human Rights Commission. We’ll remove it and make it a blank page.” And then the final kick at Mr. Tremaine, who was rendered penniless after Richard Warman complained to the University of Saskatchewan long before the initial complaint was adjudicated and cost Mr. Tremaine his job. “While we recognize Mr. Tremaine’s ability to pay is limited, we seek costs.” Richard Warman who has hounded Mr. Tremaine with the original human rights complaint, a complaint to his employer, a criminal code Sec. 319 “hate law” complaint, and at least three contempt of court complaints rose to make his sentencing submissions. Warman demanded a jail term of three to six months, even if Mr. Tremaine removes the website. “Deterrence and denunciation are important, given the five year extensive period of contempt. I’d be concerned if he was let out as soon as he purged his contempt,” Mr. Warman continued. Then, warming to his subject, he harrumphed: “There is the self-evident seriousness of Mr. Tremaine’s trying to alienate control of his site. It boggles the mind to think of anything so contemptuous of the court.” He referred to the startling revelation in court the previous day that Mr. Tremaine was arranging to sell his website to someone in the U.S., which is not bound by Canada’s police state censorship laws. The judge issued an order preventing him from communicating the password to anyone else. However, Judge Harrington interjected, “there is no law preventing him from selling his website.” Warman also wanted the order to direct Terry Tremaine to write to archive.org to ask that their copy of his site be removed. Mr. Warman, too, said he was seeking costs, even though much of his trip to Vancouver would have been paid for by the Commission which called him as a witness. “You’re here as a complainant who is also a solicitor,” the judge noted. “I have a day job and have foregone that revenue and I practise also as a solicitor and have foregone that income. [Mr. Tremaine’s] inability to pay is not a reason for not awarding costs. “ Mr. Warman, too, didn’t want the large number of innocuous postings on Terry Tremaine’s website to remain: “You’ll recognize the dangers of sifting the wheat from the chaff on the nspc website. It is much better to close it entirely. If we don’t, we’ll be back here again soon and this matter will never end. Acting for Terry Tremaine Douglas Christie, who is also general counsel for the Canadian Free Speech League, pointed out that, since Marc Lemire won his tribunal case and got Sec. 13 declared effectively unconstitutional, until a federal judge upheld the law, but stripped of penalties, that the sky had not fallen. There were no serious adverse consequences. That judge’s decision may well be appealed. The Senate may soon pass the repeal of Sec. 13 and the Supreme Court decision on *Whatcott* is eagerly awaited. This case challenged the power of human rights commissions to restrict free expression. He urged the judge to delay sentencing until these decisions are in. “Parliament has already determined that this material is not illegal,” he said. He reflected on the bizarre ruling of the Federal Court of Appeal: “Now you are liable for contempt of an order even before you are informed of the order.” “Mr. Tremaine’s right to free speech is important. His freedom to speak is your freedom and mine as well.” In a comment that would draw a sharp rebuke from Richard Warman and a threat to complain to the Law Society of British Columbia, Mr. Christie said: “Mr. Warman has made a career out of shooting cripples,” as a figure of speech. His victims are “people who are marginal.” Some, like Terry Tremaine, end up in mental hospitals. “Mr. Warman now wants costs assessed against a man who cannot even hold a janitor’s job. At the behest of Mr. Warman, he was prosecuted under the Criminal Code.” And all this, said Mr. Christie, “to eliminate a political ideology Mr. Warman does not agree with.” “Tolerance,” Mr. Christie reminded the court, “is best as a virtue when it is practised rather than preached.” “Is there an order for Mr. Tremaine not to sell his website to some American who wants it? What my friends really need is to abolish the 1stAmendment. My friends hunt down ideas they do not like. They want to add ‘remove’ if the order’s ‘cease and desist’ doesn’t mean that.” He pointed out that a recent Supreme Court decision authored by Madam Justice Rosalie Abella held that a link is not libel.” Mr. Tremaine’s signature block on STORMFRONT.org is just a link and should not be ordered removed. “My friends want the nspc website shut down so that Mr. Tremaine cannot be known. The objective is to eliminate thoughts.” Mr. Warman, he argued, “didn’t have to be here. He’s a witness, counsel and plaintiff. He’s a voluntary participant. Now he wants costs which will haunt Terry Tremaine for life. He should not be entitled to costs.” “There’s nothing illegal or immoral if the website is sold to an American. We don’t yet police the world. Unlike Canada, free speech really means something in the U.S.” He cited the case of a recent anti-Moslem video which sparked violence, riots and murder in the Middle East. Yet, no serious politician in the U.S. suggested banning it. “Is it contempt of court to render yourself non-compliant” by trying to sell the website?” he asked. “Mr. Warman’s proposal to put Terry Tremaine’s ideas down the memory hole is like most totalitarian states in the world.” The clumsily worded human rights tribunal order enjoined Mr. Tremaine from “telephonic” communication. He did not engage in “telephonic” communication in the period in question: February – December, 2007, Mr. Christie said. “It is legitimate to communicate what is not specifically prohibited,” he added. Mr. Christie denounced Mr. Warman’s “draconian, systematic totalitarian treatment of Terry Tremaine. He deprived him of his job, drove him into a mental hospital, refused an apology (which would have ended the human rights complaint in 2006) and kept him in litigation for years. Mr. Warman is a one-man anti-Nazi brigade.” Urging a delay in handing down a judgement, Mr. Christie said: “Sec. 13 is on its way out. It won’t be around in a year. Terry Tremaine is not a bad man, He may have some bad ideas but he also has some good ideas that may benefit humanity.” Concluding, Mr. Christie said: “Many people have suffered from these Warman complaints. Terry Tremaine has suffered well and truly enough since 2005. There is no need to make him suffer further.” Judge Harrington reserved judgement.

 

Christie Calls for Adjournment & Stresses Flawed Tribunal Order in Tremaine Sentencin

Written by Paul Fromm

Wednesday, 10 October 2012 07:30

*Christie Calls for Adjournment & Stresses Flawed Tribunal Order in Tremaine Sentencing * ** ** *VANCOUVER, October 9, 2012*. The fur flew in Federal Court here today as a shocked prosecution and judge learned that political prisoner Terry Tremaine had just arranged to sell his website to someone in the U.S.and put it beyond the clutches of Canada’s state censors. He confirmed he no longer had control or ownership of the site. This website http://nspcanada.nfshost.com. has had over a half a million downloads in the past six years. However, underf cross-examination by the excitable Daniel Poulin, prosecutor for the Canadian Human Rights Commission, . Mr. Tremaine explained that he believed the deadline for the Crown to appeal the recent stay in proceedings against him under Canada’s“hate law” (on another Richard Warman complaint) had passed on Friday. Thus, his bail conditions were lifted and he was now free to access or remove his site. Judge Sean Harrington then snapped out an order: “You are hereby ordered not to give the password to anyone,” he told Mr. Tremaine. Defence lawyer Douglas Christie argued for an adjournment pending a number of other key decisions. He said: “Mr. Justice Kovach released reasons for his decision to stay the Sec. 319 (“hate law”) charges against Mr. Tremaine because of undue delay. The House of Commons has abolished Sec. 13 of the Canadian Human Rights Act. “The very foundations of these restrictions on speech are in question,” Mr. Christie said. He asked that the matter be put over until the Whatcott case has been decided by the Supreme Court. Mr. Whatcott challenged the right of human rights commissions to restrict free speech and opinion. “Further proceedings at this time are inappropriate,” Mr. Christie argued. Mr. Tremaine was acquitted by this same Judge Sean Harrington in November 2010 for contempt of court arising from postings on the Internet during the last eight months of 2007 after a Canadian Human Rights Tribunal imposed a case and desist order after Mr. Warman’s Sec, 13 complaint. Warman and the Commission appealed to the Federal Court of Appeal. Earlier this year, the appeals clourt reinstated a conviction by a 2-1 margin. Mr. Poulin successfully argued in the Court of Appeal “that the order Mr. Tremaine is in contempt of is the Tribunal order,” but the very power of the Tribunal is under challenge and, thus, an adjournment is in order. In mitigating what the Federal Court of Appeals found to be contempt, even though Mr. Tremaine was not served with the Federal Court Order until a year and a half after his alleged offence, Mr. Christie argued that the Tribunal order forbids “telephonic” communication. The plain dictionary meaning of telephonic is by telephone or perhaps sounds – speech or music – available on the Internet. Mr. Christie established in cross-examining Richard Warman that none of the postings Warman complained over involved sound. Mr. Tremaine testified that he was puzzled by the order but never posted any “telephonic”messages and, thus, did not see himself as being in contempt. While the feisty former math lecturer freely admitted feeling contempt for the Canadian Human Rights Tribunal and its “kangaroo court” procedures, he said: “Nothing I did, in my mind, broke the order.” Mr. Tremaine explained how outraged he was at the Tribunal decision which fond that his writings were “not legitimate political discourse because they did not promote equality,” he testified. “I found this decision repugnant,” he added. “My worldview is Darwinist. I am a scientist, Natural selection depends on inequality and differences. Otherwise, there’d be nothing to selected,” he added. The sentencing hearing continues Wednesday.

 

A Small Victory for the Victims: Richard Warman and National Post owe Fourniers $7,23

Written by Paul Fromm

Tuesday, 09 October 2012 02:05

A Small Victory for the Victims: Richard Warman and *National Post* owe Fourniers $7,230.44 Free speech and its defence in Canada are definitely not free but come at a huge cost. Mark and Connie Fournier are among the most abused of Richard Warman's victims. Until finally stopped by the Marc Lemire case which ruled Sec. 13 (Internet censorship) of the Canadian Human Rights Act essentially unconstitutional, Richard Warman, as part of his "maximum disruption" tactic had been on a tear filing complaints at no cost and sometimes a profit to himself against persons whose politics he didn't like: a diverse group of dissident victims he dubbed "neo-Nazis." By way of further mischief, he filed or attempted to file Sec. 319(hate law) complaints against many of them, including Glen Bahr, Jessica Beaumont,. Alexan Kulbashian, Marc Lemire, and Terry Tremaine. (the list may not be all inclusive).Not all of these complaints led to charges. In addition, at least in the Terry Tremain case, busybody Warman went after the victim's jobs successfully in Terry Tremaine's case). Now, if you defended free speech and criticized Warman's legal rampage, you could face problems. CAFE and I were stout defenders of the victims and vocal critics of Richard Warman. retribution came swiftly. We were both sued for defamation. After five years of huge costs and legal torment, amazingly we lost. [According to Madame Justice Monique Methivier's understanding of law and the English language, we may not call Richard Warman a censor. We note that observers in a freer country like the U.S. who also understand the English language as well seem to feel the term applies.] We faced a judgement of $43,000, not to mention our own hefty legal costs. There have been many other victims of Richard Warman's war against his critics. The prize, however, goes to Mark and Connie Fournier of freedominion.ca. They are the object of no fewer than three Warman defamation suits. Yet, it's even more complicated, costly and time consuming. there have been many long drawn out, hard fought and appealed ancillary motions; including one where Warman sought to get the Fourniers to reveal the identities of several pseudonymous bloggers on freedominion whom he also was eager to sue for criticizing him. Yet another spin off is the matter alluded to in the following report. On Monday, the Fourniers were awarded costs in a copyright dispute which they won. Warman and the *National Post* are on the hook for $7,230.44 in costs incurred by the Fourniers. The attached judgement by the Federal Court makes instructive as well as sleep-inducing reading. The impoverished Fourniers had to fight for every parking expense (the one for which they had a receipt was allowed) and even the cost of highlighters and tabs (not allowed as they might still have some use left in them for non-litigation purposes.) The submissions seeking to deny the Fourniers their few pennies in costs would seem to have been filed on behalf of Richard Warman. Paul Fromm Director CANADIAN ASSOCIATION FOR FREE EXPRESSION Richard Warman and National Post owe Fourniers $7,230.44<http://www.freedominion.ca/phpBB2/viewtopic.php?f=70&t=158885#p1744225> [image: Post]<http://www.freedominion.ca/phpBB2/viewtopic.php?p=1744225&sid=ad77cc5a3abca7e9b30c692b72b78a02#p1744225>by *Connie Fournier<http://www.freedominion.ca/phpBB2/memberlist.php?mode=viewprofile&u=15571&sid=ad77cc5a3abca7e9b30c692b72b78a02> * » 10/ 02/ 12 8:02 pm In an assessment decision filed yesterday costs were awarded against Richard Warman and the National Post for their loss in the Federal Court copyright case. They owe us $7,230.44. Although this is a drop in the bucket considering what Maximum Disruption has cost us, it is a very substantial award for self-represented litigants, and we are thrilled with this decision! Read the reasons here: http://www.freedominion.ca/images/Asses ... easons.pdf *Canada's Free Speech Movement Needs YOUR Help* ** *CAFE, Box 332, Rexdale, Ontario, M9W 5L3* *__ Here’s my donation of ____to help CAFÉ autumn programme, including the Terry Tremaine case.* __ *Here's my special donation of _____ to help CAFE pay off its legal bills in the Warman libel suit.* __ *Please renew my subscription for 2012 *to the *Free Speech Monitor*($15). Please charge ______my VISA#________________________________________________________________ Expiry date: __________ Signature:_______________________________________________________________ Name:____________________________________________________________________________________ Address:__________________________________________________________________________________ _______________________________________________________Email______________________________ **