|February 13th, 2008||#1|
White - European - Aryan
Join Date: Dec 2003
Location: London, Ontario, Dominion of Canada
Ciaran Donnelly (Canada)
|February 15th, 2008||#2|
Join Date: Nov 2003
Blog Entries: 34
Ottawa lawyer vs. Calgary 'Nazi'
Don Butler, Ottawa Citizen
Published: Friday, October 26, 2007
For the 10th consecutive time, the Canadian Human Rights Tribunal has upheld a complaint about Internet hatred filed by Ottawa lawyer Richard Warman.
In a ruling released yesterday, the tribunal issued a permanent order requiring Jessica Beaumont, a 21-year-old Calgary retail clerk and self-described "full-time Nazi," to stop posting hate messages on the Internet.
It also fined her $1,500 and ordered her to pay $3,000 in compensation to Mr. Warman for abusive comments she posted about him online after he filed his complaint in January 2005.
Richard Warman's biggest fan.
Mr. Warman said the tribunal's ruling "sends the message that spreading hate propaganda through the Internet is illegal and that people will be held accountable for their actions."
Mr. Warman has lodged 15 complaints with the Canadian Human Rights Commission since starting his one-man crusade against Internet hate half a dozen years ago.
With yesterday's ruling, the human rights tribunal has now upheld 10 of those complaints. Two were settled in mediation, and the rest are still winding their way through the system. The tribunal has yet to dismiss any of Mr. Warman's complaints.
The complaints were made under Section 13 of the Human Rights Act, the only non-criminal legislation in the world that specifically deals with Internet hate.
The section says it is a discriminatory practice for individuals or groups to use telecommunications, including the Internet, to communicate anything "likely to expose a person or persons to hatred or contempt by reason of the fact that person or those persons are identifiable on the basis of a prohibited ground of discrimination."
Once a complaint has been accepted, a Canadian Human Rights Commission investigator is assigned to look into it. Based on the findings, the commission will decide whether to dismiss the complaint or refer it to the human rights tribunal, an independent, quasi-judicial body.
The tribunal can register its rulings with the Federal Court, meaning those who fail to comply can be found in contempt of court and are subject to fines or imprisonment.
Between October 2003 and May 2006, Ms. Beaumont, writing under the pseudonym "Jessy Destruction," posted more than 1,000 messages on the Canadian forum of Stormfront.org, an American neo-Nazi website.
The messages included racial epithets, white supremacist literature and hatred directed against blacks, homosexuals, immigrants and Jews.
Among them were messages describing Jews as "literally spawn of Satan himself" and expressed the wish that all blacks in Canada would die of AIDS.
In one message, she joked that "I can't stop posting my hate-filled messages, I think it is what I was born to do."
Ms. Beaumont, who testified at the tribunal hearing in Vancouver last December, acknowledged she was the author of most of the messages. She testified that she did not care what effect they had on target groups or the community at large.
The tribunal found Ms. Beaumont "repeatedly used highly inflammatory and derogatory language with respect to several groups, based on their religion, race, national or ethnic origin, or sexual orientation."
As a result, her messages were likely to target persons identifiable on the basis of a prohibited ground of discrimination, the ruling says. Ms. Beaumont did not return calls yesterday.
Though Mr. Warman and the human rights commission had asked for a fine of $7,500, the tribunal concluded that $1,500 would be appropriate, in part because Ms. Beaumont's messages did not have the same "gravity" as others that have come before the tribunal.
Mr. Warman had also been seeking compensation of $10,000 for postings Ms. Beaumont made about him personally, including a reference, accompanied by swastikas, to "Dead Warman Society."
Awarding Mr. Warman $3,000 in compensation, the tribunal noted that "words suggesting that harm should come to another cannot be taken lightly, even if they were made in jest."
Mr. Warman said he was "somewhat disappointed" that the fines weren't higher, but added: "It's the decision and the permanent cease and desist order that is the important thing."
In July 2006, the RCMP's hate crimes unit raided the Coquitlam, B.C. home that Ms. Beaumont shared with her then boyfriend, Ciaran Donnelly, after a complaint by Mr. Warman.
The police, acting under Criminal Code provisions dealing with hate propaganda and advocating genocide, seized computers, clothes, books and Nazi memorabilia. To date, no charges have been laid.
Mr. Warman has also initiated a human rights complaint against Mr. Donnelly for his Internet hate postings.
Last edited by Alex Linder; February 15th, 2008 at 02:10 AM.