Terry Tremaine Keeping the Courts Busy Curbing Dissent

[8Man]

Terry Tremaine Keeping the Courts Busy Curbing Dissent

Some months ago, Richard Warman, who filed both the original Sec. 13 (Internet censorship) human rights complaint and the subsequent Sec. 319 ("hate law") complaint against dissident university lecturer Terry Tremaine, said that the purpose of his serial complaints was to “knock out a generation of the neo-Nazi leadership and worst offenders.” (Globe and Mail, March 19, 2011)

Perhaps, this explains not just these complaints and his complaint to the University of Saskatchewan that cost Mr. Tremaine his job in 2005, but the relentless pursuit by Mr. Warman of Mr. Tremaine with further complaints of "contempt of court" for Mr. Tremaine, for a while, having continued to air his views on the Internet despite the Canadian Human Rights Tribunal's "cease and desist order." Mr. Tremaine would argue that what he wrote was not the "same or similar expressions" banned by the gag order.

On June 18, Mr. Tremaine and his lawyer Doug Christie appeared in Regina for a Rowbotham Application. Mr. Tremaine, who has been rendered virtually penniless by the job loss and mysterious harassment his employers face at each new job he finds, sought Saskatchewan Court Services (or legal aid) to pay for the appointment of Doug Christie to represent him in the Sec. 319 or hate charges which go to trial probably early next year.

He won a temporary stay of the Sec. 319 charges as Court Services and Mr. Christie continue negotiations. At the hearing, Court Services Mr. Mitchell argued that Doug Christie was "top drawer" and that Mr. Tremaine was entitled only to "competent" representation. Mr. Tremaine points out: "Mr. Mitchell seemed to argue that anyone with a law degree was competent. They'll have to bring in someone from out of Province if they are to get anyone competent for me."

There has been only one Sec. 319 prosecution in Saskatchewan. The victim there was the late Chief David Ahenakew and his lawyer was ....? Doug Christie! No Saskatchewan lawyer has ever represented a "hate law" victim. The only other lawyer in Canada with any substantial Sec. 319 experience is Peter Lindsay of Toronto, who represented many of the young anti-illegals protesters in the "honk if you hate Gypsies" case. Finally, this aspect of the case has been solved. Saskatchewan Court Services and Mr. Christie have reached an agreement and “the Battling Barrister” will be representing Terry Tremaine for the Sec. 319 thought crimes trial.

On July 15, Mr. Tremaine was supposed to appear before the Court of Queen's Bench for a pre-trial hearing in the "hate law" case. There, case law motions and preliminary arguments were to be heard. The formal court hearing was replaced with a conference call. At. The Crown’s request the proceedings were adjourned to September 2. Apparently, they still haven’t appointed a Crown or prosecutor. “After three and a half years since I was charged, there is still no Crown,” Mr. Tremaine complains. It seems they don’t have anyone to handle the case.”

[Amendments to the “hate law” contained in the new Omnibus Anti-Crime Bill, says Mr. Tremaine, give backhanded credit to Doug Christie’s arguments that posting material on a website in a foreign country does not constitute “communication” as defined by the “hate law.” The government intends to include” making available” in its definition of communicating “hate” over the Internet. The censorship lobby tail, it would appear, continues to wag the government dog, regardless of the party in power.

On July 26, Mr. Tremaine will appear in a breach of undertaking charge. This hearing will be to set a date for trial. Mr. Tremaine was accused of violating his bail conditions when, on July 22, 2009, he allegedly posted his planned defence on STORMFRONT on the eve of his trial for Contempt of Court. The trial was abruptly adjourned sine die. Finally, and, if these cases aren't enough, Mr. Tremaine must be in Victoria, September 17. The Canadian Human Rights Commission is appealing its loss in Federal Court last year of the "contempt of court" charge mentioned above.

from recent Paul Fromm CAFE email