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Old October 24th, 2015 #1
8Man
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Default Arthur Topham on trial for 'hating' jews



Dear Reader,

My trial begins in two days. If you could help out by sharing or
posting this article it would be deeply appreciated. I will do my best to send updates when the trial is occurring.

Thanks for any assistance you might offer.

Sincerely,

Arthur Topham
Pub/Ed
The Radical Press
Canada's Radical News Network
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Old October 26th, 2015 #2
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Richard Warman

Terry Wilson

Complaint against Arthur Topham was initiated by email from Richard Warman to BC Hate Crimes Team investigator Terry Wilson.

Terry Wilson raided the Topham residence and made off with his computer as 'evidence'.



Len Rudner (Toronto jew operative) is to be the prosecution 'expert' witness.
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Old October 27th, 2015 #3
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Canada is believed to have more hate crime legislation than any other country in the world.

Censorship in Canada shifted from a "strong state-centred practice", intended to protect the community from perceived social degradation, to a more decentralised form of censorship often instigated by zionist groups invoking state support to restrict the public expression of political and ideological opponents.
 
Old October 31st, 2015 #4
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Topham has fairly good backing.

http://gogetfunding.com/canadian-pub...ical-writings/
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Old November 1st, 2015 #5
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Default from Paul Fromm's Oct. 29 Topham trial update


Attorney Barkley Johnson, Mrs. Shasta Topham, Terry Tremaine, Free Speech Warrior Arthur Topham, & Paul Fromm

Hi all...., here's a very dynamic radio programme with Cdn. free speech advocate Paul Fromm discussing: (last segment of the program)

- a play by play of free speech advocate Arthur Topham's trial this week (continues next) in Quesnel, B.C. A complaint was brought against Topham, by Harry Abrams of B'nai Brith Victoria (a Zionist front group) for promoting hatred against Jews on his website. This is a fascinating segment of the show not to be missed.



Case in point, someone in the courtroom noticing that the large light fixtures in it are hanging from 4, six foot Stars of David! Does this give anyone any clues as to who controls the Judiciary in Canada (and all western countries)?

But it doesn't stop there...., "they" have also infiltrated and control at least 3 other major institutions: 1) the mainsteam media (news and entertainment), 2) the banking system and fiat money, and 3) higher education (i.e. university depts involved in research, advising to Govts, and resultant policies), and professorships (i.e. professors with a Zionist bent to inculcate various doctrines and dogmas into young impressionable minds..., aka brainwashing).
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Old November 1st, 2015 #6
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Quote:
Originally Posted by 8Man View Post
Maybe it's just a tribute to the hexagonal geometry of the snowflake .

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Old November 1st, 2015 #7
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Any Canadian MSM covering this case?

Found this link (from 2012) on google - http://www.cbc.ca/kamloops/mt/2012/1...stions-for-bc/

However, when using CBC site's search engine, it turns up blank.
http://www.cbc.ca/gsa/?q=Arthur+Topham&gns=SEARCH

National Post too had an article back in 2012 - http://news.nationalpost.com/news/ca...ews-on-website

But nothing recent.
http://www.nationalpost.com/search/i...=Arthur+Topham

Nothing on CTV.
http://www.ctv.ca/searchResult.aspx?q=Arthur%20Topham
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Old November 2nd, 2015 #8
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Nov. 2012 VNNforum mention for background info.

There is an earlier mention of Arthur Topham's constitutional challenge from July.

Maybe "they're" upset that Iran's PressTV gave him some coverage earlier this year.
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Old November 7th, 2015 #9
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Default Week 1 update - Paul Fromm



Quesnel, British Columbia, October 31, 2015. Week one of the Arthur Topham trial ended yesterday in this Cariboo country town of 15,000, with fireworks predicted for next week.

This trial makes frequent reference to symbols especially Jewish symbols. Thus, the symbols in the courtroom have caught the eye of the defence team. At the front, above the judge's dias is the coat of arms of the Queen -- a gold crown, a gold lion, a white unicorn. red roses. So far so good.



However, on the ceiling dominating everything in this 1967 building are four large wooden Stars of David and from each six hanging lamps that light the court. Of course, the constipated court rules do not allow us to take a picture of this holy of holies even when the court in not in session, the sheriffs told me.

This trial is special. When I attended the preliminary hearing in the spring of 2014, there was no security at the courtroom. Now, one must pass through a metal detector and be wanded.

Freedom activist Dave Lindsay confronted the security brigade on Monday and demanded to know what "reasonable and probable grounds" they had to a search him. After some strutting and attitude, he was finally told: "We can do what we want."

Up until Thursday, cellphones were allowed as long as they were turned off in court. Thursday, however, no cellphones were allowed. "Why"? I asked. "Orders," I was told. More likely it was the arrival of an "important" personality, Len Rudner, formerly an official with the Canadian Jewish Congress and the Centre for Israel and Jewish Affairs, and the Crown's "expert witness."

Of course, in keeping with the manufactured drama, he was accompanied by police bodyguards. Arthur Topham who has been much vilified in the press never has such cop shadows at his preliminary hearing.
Monday morning, of over 900 people summoned for jury duty about 120 showed up. It took over an hour to select the jury of eight women and four men.

For the prosecution is Jennifer Johnston, a raven haired woman in her 40s who favours black skirts and boots. She has a powerful though not unpleasant voice and has a flair for the dramatic as she prances around the court. She has trouble pronouncing many key words; for instance, referring to Eustace Mullins, author of one of the impugned books on Arthur Topham's website www.radicalpress.com, as "Eustache" -- to rhyme with moustache.

For the defence is Victoria lawyer and former Doug Christie associate Barclay Johnson. A man who enjoys a good cigar, Mr. Johnson is solid and distinguished looking and is an experienced criminal defence lawyer. On the bench from Vancouver is B.C. Supreme Court Judge Butler.

The rest of Monday and the next two days were devoted to the testimony of Mr. (formerly Detective Constable) Terry Wilson of the B.C. "Hate Squad." From him we learned that the source of Mr. Topham's ordeal is Ottawa lawyer and champion complaint filer Richard Warman who sent his old friend Wilson -- they had worked on Internet "hate|" cases together in Ontario -- an e-mail on April 28, 2011 urging charges under Sec. 319 of Canada's notorious "hate law" against Arthur Topham for postings on his website.

Mr. Wilson pronounced "85-90 per cent of the material on the website anti-Semitic in its rhetoric." In an agreed definition, the Crown and Mr. Johsnon held that "anti-Semitic" meant opposition to or dislike of Jews but did not mean hatred.



The second complainant was Harry Abrams of B'nai Brith in Victoria. Mr. Wilson indicated that Abrams even pointed out to him that Israel Must Perish by Arthur Topham was a satire of Germany Must Perish a blueprint for the genocide of the German people, authored by Theodore Kaufman, an American Jew, in 1941.

Mr. Wilson's chief role was to identify books and passages on radicalpress.com that the prosecution found objectionable.
  • Germany Must Perish! by Theodore N. Kaufmann
  • Israel Must Perish! (erroneously labeled by Wilson and the Crown as a “book” rather than a satirical article)
  • The Protocols of the Learned Elders of Zion
  • The Biological Jew by Eustace Mullins
  • The Jewish Religion: Its Influence Today by Elizabeth Dilling

Binder #2 was the complete text of Douglas Reed’s masterful historic analysis of political Zionism The Controversy of Zion.
The remaining two binders contained numerous posts and editorial comments by Topham. The majority of material being that produced by authors other than the accused.

Mr. Wilson was taken through the Protocols of the Elders of Zion which is a blueprint for establishing Jewish world dominance and world government. Among other things it : "We shall enslave the Gentiles through financial monopolies"; we shall end individual liberty; the masses will be led by lies; we shall take control of the legal and educational systems and control the press.

Another text under attack that was linked through Mr. Topham's site was Elizabeth Dilling's The Jewish Religion: Its Influence Today. Miss Dilling quoted the Talmud, a compilation of the writings of rabbis over the centuries, which contains some hair-raising passages that seem to approve sex with girls as young as three and which assert that such a violated girl's virginity will grow back. Other passages seem to endorse maternal incest with young boys.

On Thursday, Barclay Johnson began his cross-examination of Mr. Wilson. The court's mood changed as Jennifer Johnston repeatedly interrupted him and the jury got their exercise by being repeatedly sent out of the room while the lawyers argued procedure before the judge.

Asked why Mr. Topham's computers had been seized by the police who raided his home in May, 2012, even before he was charged, Mr. Wilson said: "We were concerned to protect his victims from his hateful messages." Thus, in the "hate squad's" eyes Mr. Topham was guilty even before being charged or tried.

In a further act of mischief against Mr. Topham, on May 31, 2012 Mr. Wilson sent a letter to Mr. Topham's U.S. Internet Service Provider (ISP) advising that Mr. Topham had been charged for wilfully promoting hatred against a privileged group -- no such censorship law exists in the U.S. -- and that the website might contravene the ISP's usage policies.

Mr. Johnson tried to get Mr. Wilson to admit that his goal had been to get the ISP to shut Mr. Topham down, as they subsequently did. Mr. Wilson played coy and said it was up to the ISP to decide what to do. Sending the letter "was the right thing to do," Mr. Wilson insisted.

Mr. Topham had run some satirical cartoons about the B.C. hate squad and Terry Wilson. "Is it police policy to write such a letter? " Barclay Johnson demanded. "I put it to you, you wrote the letter for personal reasons. You were angry at the things Mr. Topham put on his website?"

"No, sir," Mr. Wilson answered.

During the Warman v Marc Lemire tribunal hearings it was learned that operatives of the Canadian Human Rights Commission wrote hundreds of U.S. ISPs to try to get them to close down Canadian and even some American websites, some of which were not even the subject of Sec. 13 complaints.

Near the end of the cross-examination, Mr. Johnson got Mr. Wilson to admit that he was not an expert on so-called "hate propaganda" or on its likely effects. "No, I am not."

He agreed that "anti-Semitism was not necessarily hate" and admitted that he did not have a copy of the Talmud and had not checked out the accuracy of Elizabeth Dilling's many quotations of blood curdling passages of the Talmud.

On Friday, the Crown introduced its expert witness, Len Rudner, 62, an Orthodox Jew who had worked from 2000 to 2011 in various roles for the Canadian Jewish Congress and, until this August, as Director of Community Relations for the Centre for Israel and Jewish Affairs. He admitted that he was not a Talmud scholar. He also admitted that he had not read all of Douglas Reed's The Controversy of Zion, one of the books that he is critiquing.

He is being paid $195. an hour for preparation and his testimony and, of course, an all-expense trip to Quesnel, B.C. He noted that Schindler's List was, in fact, a work of fiction,

Crown lawyer Jennifer Johnston asked: "CIJA is a lobby for the state of Israel?"

Rudner agreed: "We advocate to the Canadian government for a positive position" on the State of Israel.

Mr. Rudner also revealed that, while at the CJC, he had helped prepare four complaints to the Canadian Human Rights Commission.

He explained that Jews can identify as such on the basis of religion or ancestry and that some do not believe in God. "Zionism is the yearning of the Jewish people to return to the land of Israel."

Is Len Rudner a holocaust skeptic? He told the court: "The six million figure might be slightly high. The death count may be between 5.3-million and 6-million." In such repressive regimes as Angela Merkel's Germany such potential backsliding could land a skeptic in prison.

Mr. Rudner claimed that the term "World Jewry" was anti-Semitic and did not exist. "The term Jewry dehumanizes us and treats us as an anthill," he insisted.

As to the horrific passages from the Talmud, Mr. Rudner insisted that Jews oppose adultery and child abuse and that the comments Miss Dilling quoted were speculation among rabbis over many centuries.

Although vital free speech issues are at stake here and there is a battle over many of history's repeated accusations against Jews, the national media has studiously shunned Quesnel. Even the local paper which gave the trial a little publicity in its October 28 issue, managed to have its editor in court for less than half an hour this week.

Those with a jaundiced view of the MSM [Mainstream (or Lamestream) Media] will have had little reason to change their views after the first week of this trial.

The trial continues Monday. -- Paul Fromm
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Old November 8th, 2015 #10
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Commentary from freedom hating anti Whites:

http://anti-racistcanada.blogspot.ca...-week-one.html
http://anti-racistcanada.blogspot.ca...s-summary.html
http://anti-racistcanada.blogspot.ca...-week-two.html
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Old November 9th, 2015 #11
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Default The Extraordinary Trial of Arthur Topham

Five security guards, members of the RCMP, two in bulletproof vests, all entrants pass through metal detectors, undergo a wand search, check all electronics including cell phones and have their bags meticulously scrutinized. Why all the security? The crown was presenting its criminal case against Arthur Topham, for the crime of “hate.’

The Law
Section 319 of Canada’s criminal code is an extraordinary law by most western standards. It reads, in relevant part: “(2) Every one who, by communicating statements, other than in private conversation, willfully promotes hatred against any identifiable group is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.

The statute does not define hatred, but does provide 4 statutory defenses.

(a) if he establishes that the statements communicated were true;
(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

It is important to understand that the prosecution (the Crown), with all of its resources, need only prove ‘hate,’ and then the only available defenses are affirmative, meaning that the burden of proof switches to the defense.

This week I attended some of the extraordinary trial of Arthur Topham in the Supreme Court (the highest provincial trial court) in Quesnel, British Columbia. As a lawyer, the differences in procedure between American and Canadian courts were of interest to me. Ahead of the trial, I read a little about the Canadian legal system and found that on paper the differences appeared minor. I don’t know if the huge differences in practice that I observed in this trial has to do with the way trials are usually conducted in Canada, the understandable loosening of formality in a court in a small town and/or the nature of the trial.

The Background

The history of Mr. Topham’s travails can be found here.

It is sufficient to understand that this trial follows eight years of harassment. Mr. Topham has already had to close his successful remodeling business. This is a criminal trial, and Mr. Topham could go to prison for two years. Mr. Topham and his wife live on a remote property on which they maintain a chicken coop, grow vegetables and engage in other rural activities. But it is clear that Mrs. Topham could not live there alone. These are not wealthy people. Mrs. Topham told me that she is not a political person, but she loves and supports her husband and believes in free speech. The defendant and his wife have exhibited bravery, courtesy and calm to a degree that is awe inspiring.

The police arrested Mr. Topham for ‘hate’ after they received complaints from various Jewish people who found his writing hateful. Although the police clearly knew where he lived, they arrested Topham as he and his wife were driving, leaving his wife stranded and Mr. Topham in jail. While jailed, Mr. Topham’s house was searched and his computers, shotguns and other items were taken. (Shotguns are essential in an area where grizzlies often decide to take up residence on the porch.)

The Trial

I understand that before I arrived, the Crown presented the arresting and investigating officers. Clearly the officers are not qualified to establish ‘hate,’ so how does the Crown do this? There is no victim to present, no one whose injuries the jury must assess, instead it is to the jury to decide if ‘hate’ is present, no injury need be shown.

The Crown chose to use an expert witness to show hate, and qualified Len Rudner as an expert in Judaism and anti-Semitism. Mr. Rudner’s biography indicates that he is a ‘professional Jew,’ in that he has been employed for the last 15 years by the Canadian Jewish Congress and its successor organization, the Centre for Israel and Jewish Affairs (CIJA). Prior to this trial, Rudner has attempted to force Mr. Topham’s internet service provider to shut down his web site, and has lodged civil complaints against Mr. Topham.

The crown used its questioning of Rudner to introduce what it considered to be the most damaging articles on Topham’s site, Radical Free Press (RFP). These included a list of books and articles, all of which are easily accessible on the internet and/or for sale at Amazon.ca.

Most of these publications accuse Jews of some pretty nasty politics. What at first appeared to be the Crown’s most damning evidence was a picture of a stereotyped Jew holding puppets that were Canadian politicians. On cross examination, it was hard for Mr. Rudner to counter what a careful viewing showed to be a clear political statement. I think the shocking picture of the Jew served to make the statement more powerful. But is it the job of the court to evaluate the strength of a political cartoon?

Without going to the truth of the matters presented, I am troubled that Mr. Topham is on trial for reprinting sources that are widely available in Canada. Again, on cross examination, Mr. Rudner had to admit that this was so. A quick google search for “the protocols of the Elders of Zion,” reveals hundreds of sources that display the protocols in full.

The procedure, at least in this court, was that all objections had to be heard outside the presence of the jury. This meant that each objection forced the jury to leave the room (not the judge and the lawyers) thus making an objection, even for the record, was a cumbersome and time consuming process.

In one of these interminable objection interludes, the Crown stated that ‘free speech is not on trial here.” Shockingly, Judge Butler echoed her sentiments. Legal fictions (such as that all lawyers are capable of providing an adequate defense) are generally employed to allow the system to work. In this case, the legal fiction went to the charge itself. Mr. Topham is on trial for writing and for publishing articles that presumably reflect his beliefs. What else is free speech if not that?

Mr. Rudner indicated under direct examination that he was the author of the written expert opinion he provided to the court. This was troubling, because the Crown had originally employed Bernie Farber as its expert, and Mr. Farber had provided an opinion that was word for word the same as Mr. Rudner’s. If Mr. Rudner did not commit perjury, he was at least deceptive in his presentation of his expert opinion.

The Defense

Barkley Johnson, defense attorney extraordinaire, gave an opening argument that was an impassioned call for freedom of thought and speech. Later the Crown objected, but the damage so-called had been done. Mr. Johnson endured a tongue lashing and a civil procedure lesson from the judge. The jury was instructed to ignore some of Mr. Johnson’s speech. I assume that this helped plant the speech more firmly in their minds.

Mr. Topham countered the charge of hate and argued as a defense that the writing was political with an expert of his own. Gilad Atzmon, the iconoclastic jazz musician, writer and philosopher volunteered his time to help. It seems wrong to enjoy a presentation when a man’s freedom is at stake, but it was delightful to watch Mr. Atzmon ignore or flaunt every rule of procedure and get away with it.

Atzmon was qualified as an expert on Jewish Identity Politics a topic that clearly few in the court had heard of. In his most amusing argument on the subject, Atzmon explained that there was a section on identity politics in every bookshop, and that topics included the LBGT community. Faced with political correctness, the court backed off and agreed to allow Atzmon in as an expert.

Atzmon began by explaining his system of characterization. He divides ‘the Jews’ into three non-exclusive categories. The first, Judaism, is made up of religious Jews. The second, Jews, are people who are Jewish by an accident of birth. The third, and most important category for this purpose is ‘Jewishness,’ those who identify politically as Jews. Mr. Atzmon described the first two categories as innocent. Objections were raised, innocent is, after all, a legal conclusion and if the first two are innocent, the third is, by implication, guilty. Judge Butler agreed with the Crown’s objection and then allowed Atzmon to proceed in describing the first two categories as innocent. From then on, the defense attorney, the prosecution and the judge adopted these categories for clarity of discussion.

Atzmon argued that contemporary opposition to Jewry is driven by political and ideological arguments; that no one criticizes Jews as a race or a biology. There is little criticism of Judaism, the religion, as a whole, but there has been some criticism leveled at a few aspects of the religion such as blood rituals and goy hatred. The thrust of his argument was that Jewish politics and ideology must be subject to criticism like all other politics and ideologies.

Like a rabbi on acid, Atzmon explained his philosophy, allowed few questions, and browbeat the attorneys. He dealt with his own philosophical approach to Jewishness and the dangers of believing oneself ‘chosen’ and then he got in a few swipes at categories one and two as well. The jury was mesmerized. Later, Atzmon told friends that he had directed his remarks to the juror sleeping in the first row. If he could be made to listen, presumably the others could as well.

Atzmon made the point that many of the most apparently anti-Semitic writings were made by the early Zionists. According to Atzmon, Herzl and others saw a problem with European Jewry and thought that the existence of a homeland could cure problems such as usury, discrimination against non-Jews, exclusiveness, etc. The take away is that if Jews are entitled to criticize Jews, why can’t other people? This is especially true because the Jews have a disproportionate amount of power in government, finance and the media. They clearly have the means to counter criticism if they choose to do so.

Part 2 will cover the closing arguments and the verdict

from: http://dissidentvoice.org/2015/11/th...arthur-topham/
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Old November 12th, 2015 #12
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The 12-member jury found Arthur Topham guilty of one count of wilful promotion of hatred, and not guilty of the second count of promoting hatred.

The verdict came down around 11:30 Thursday morning (Nov. 12) after more than two days of jury deliberations.

Crown will be asking for bail restrictions and sentencing has been stayed until further notice.

Topham was arrested and his house searched in May 16, 2012 after it was determined “there were reasonable grounds the offence of promotion of hatred was committed.”

from: Quesnel Observer
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Old November 13th, 2015 #13
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Free Speech Takes a Slam in Arthur Topham Verdict

QUESNEL, BRITISH COLUMBIA, November 12, 2105. An eight woman, four-man jury delivered its mixed verdict at 11:27 this morning in the Arthur Topham free speech trial. Mr. Topham was charged with two counts of "willfully promoting hate" against a privileged minority, specifically Jews, under Canada's notorious Sec. 319 of the Criminal Code -- the hate law. The jury acquitted him on one count but convicted him on the other.

Almost immediately Crown Attorney Jennifer Johnston was on her feet wanting Mr. Topham's bail conditions amended and his website www.radicalpress.com shut down.

Not so fast, Judge Brian Butler ruled. She was told to file an application which will be heard Thursday November 19 by video hookup, with the judge in Vancouver and defence lawyer Barclay Johnson in Victoria.

The defence had sought to file a constitutional challenge at the start of proceedings. Judge Butler ruled that the challenge must await the end of the trial and a guilty verdict, should such be the case. Barclay Johnson explains that the judge said a constitutional challenge would have to await the establishment of "a factual context" is this case.

"This case is very different in context from the Keegstra case in which the Supreme Court, in 1990, while finding that Sec. 319 does violate freedom of speech, did, by a narrow margin, uphold the law. "In Keegstra," says Mr. Johnson, " Jim Keegstra was teaching his views to a high school class, a captive audience. In this case, Mr. Topham ran a website. People had to willingly seek it out to read his opinions."

The constitutional challenge will be filed within the 30-day limit.



Mr. Topham, still in good spirits, pronounced himself a bit disappointed and puzzled by the jury's decision."It was so odd to find me guilty of one count but not both. I think the jury thought I wrote a call for the genocide of Jews in the satire Israel Must Perish. It's not even my book.

I took the wording directly from Theodore Kaufman's book Germany Must Perish written in 1941. "This would seem to confirm indirectly that Germany Must Perish is a work of hate and written by a Jew" yet, although then Detective Const. Terry Wilson of the B.C. Hate Squad said he's been aware of Germany Must Perish for some years, no charges were ever laid.

"Despite the acquittal on one count, this is a sad day for freedom of speech in Canada," said Paul Fromm, Director of the Canadian Association for Free Expression which has supported Mr. Topham from the beginning in 2007, when he first became the target of Zionist groups trying to shut him down for his criticism of Israel.

"After today's verdict, it becomes just a little more difficult to criticize privileged minorities in Canada. However, the battle to rid this country of this thought control legislation will continue," he vowed.
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Old November 13th, 2015 #14
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Default Gilad Atzmon comments on Arthur Topham 'hate' trial

Arthur Topham vs Theodore Nathan Kaufman
November 13, 2015 / Gilad Atzmon

When the Jews of Hanover were evicted on September 8, 1941, the local authorities cited Kaufman's book as one of the reasons. The well respected German philosopher and historian Ernst Nolte argued recently that the German reaction to ‘Germany Must Perish!’ supports his view that WWII was a genuine response to German knowledge of a worldwide Jewish plot.

And yet, Kaufman’s book was concealed for 7 decades. It didn’t fit into the Zionist Shoah narrative. It was, in fact, Arthur Topham and his crude satire that brought Kaufman’s hateful text to our attention.

Topham’s crime is obvious, the radical man is guilty of unveiling some shameful corners in Jewish past, exposing some documents Jews would prefer to keep deep under the carpet.

If Topham has to be penalised for contextualizing Israeli present within a Jewish historical continuum, we may have to accept it. Within the western ethos often enough the brave truth teller pays heavily for other people’s sins. But we should never forget that that within the same Western ethos, the truth has the unique capacity to resurrect itself.

more at: Arthur Topham vs Theodore Nathan Kaufman
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Old November 14th, 2015 #15
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GUILTY / NOT GUILTY!
by Arthur Topham
November 12, 2015


The British Columbia Supreme Court trail of R v Roy Arthur Topham concluded today in Quesnel’s Supreme Court at 11:27 a.m. when the Jury Foreman responded to the two charges laid against Arthur Topham and his website RadicalPress.com.

Both charges in the case were identical. Only the time period in which the evidence on the website was investigated differed. The charge itself read:
  • Count 1
  • Roy Arthur TOPHAM, between the 28th day of April, 2011 and the 4th day of May, 2012, inclusive, at or near Quesnel, in the Province of British Columbia, did by communicating statements, other than in private conversation, wilfully promote hatred against an identifiable group, people of the Jewish religion or ethnic origin, contrary to Section 319(2) of the Criminal Code.
  • Count 2
  • Roy Arthur TOPHAM, between the 29th day of January, 2013 and the 11th day of December, 2013, inclusive, at or near Quesnel, in the Province of British Columbia, did by communicating statements, other than in private conversation, wilfully promote hatred against an identifiable group, people of the Jewish religion or ethnic origin, contrary to Section 319(2) of the Criminal Code.
When asked by the Court Registrar what the verdict was for Count 1 the Jury Foreman replied GUILTY.
When asked a second time by the Court Registrar what the verdict was for Count 2 the Jury Foreman replied NOT GUILTY.

After announcing to the court the verdict in both counts Justice Bruce Butler then thanked the jury for their time and dedication to the judicial process and following that he instructed them that anything they had discussed during the course of their deliberations was to remain secret and that to divulge anything that had taken place was a criminal offence. After that the jury was released.

Immediately upon releasing the jury Crown Prosecutor Jennifer Johnson attempted to have Topham’s bail conditions changed, presumably in order to have more stringent conditions imposed other than those already in place.
Justice Butler was not prepared to entertain the Crown’s immediate offer. Defence Attorney Barclay Johnson addressed the Justice stating that if Crown wished to alter Topham’s bail conditions then the proper procedure would be for her to file an application to that effect and a hearing take place. Justice Butler agreed and a hearing on the matter was set for Thursday, November 19th, 2015.

Following that court adjourned.
At this point in time the question remains as to why a guilty verdict was handed down for Count 1 and why a not guilty verdict was handed down for Count 2.

Speculation is that Count 1 included evidence which the jury felt wilfully promoted hatred toward people of the Jewish religion or ethnic group. Count 1 also included the book Germany Must Perish! written by the Jewish author Theodore N. Kaufman as well as the parody/satire of Kaufman’s book by Topham titled Israel Must Perish! which Crown, from the onset of the trial, has adamantly claimed was a “book” that Topham wrote rather than merely a satire of Theodore N. Kaufmann’s book.

It is believed that the jury was convinced by Crown that Topham’s satire of the original book was in fact his own work and that Topham was therefore promoting the total destruction of the Jewish people which the jury felt was proof that Topham did “wilfully promote hatred toward an identifiable group, people of the Jewish religion or ethnic origin, contrary to Section 319(2) of the Criminal Code.”

The next stage in this unfolding drama could conceivably be an appeal based upon a Constitutional challenge to the criminal code’s section 319(2); one which had already been attempted back in June of 2015 but failed. It was deemed at the time of Justice Butler decision that a Charter application challenge to the legislation would be more appropriate following the outcome of the trial. Now that the outcome has resulted in a guilty verdict in Count 1 the way is open to again challenge Section 319(2) under Sec. 2b of the Charter of Rights and Freedoms.

Sec. 319(2) of the Criminal Code must be repealed based upon a Charter challenge and the framework for such a challenge may finally be in place.



Please help fund the purchase of the court transcripts for R v Roy Arthur Topham.

Donations can be made online via my GoGetFunding site located at http://gogetfunding.com/canadian-pub...ical-writings/ or else by sending cash, cheques or Money Orders to the following postal address. Please make sure that any cheques or Money Orders are made out to – Arthur Topham – and sent to:

Arthur Topham
4633 Barkerville Highway
Quesnel, BC V2J 6T8
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Old November 15th, 2015 #16
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The Extraordinary Trial of Arthur Topham: Part 2
by Eve Mykytyn / November 14th, 2015
Read Part 1.

On November 12th the jury found Mr. Topham guilty of ‘inciting hate.’ This leads to a few questions.

First, the jury found Mr. Topham guilty on Count 1 but not guilty on Count 2. Ordinarily, this is a result we are comfortable with since the state (the Crown) may have proved ‘beyond a reasonable doubt’ that a defendant committed an assault but not have shown sufficient evidence of battery. Mr. Topham’s case is different. He was charged with two virtually identical counts, both relating to his website but covering different periods of time, that is, count 1 was for the period from April 28, 2011 to May 4, 2012, and count 2 was for January 29, 2013 to December 11, 2013.

If Mr. Topham intended to incite hate, would he really have changed his mind in the brief period between counts 1 and 2? We will never know what the jury relied upon; in yet another abrogation of free speech, the jury was threatened that if they spoke to anyone about their deliberations, they would be committing a criminal offense. How is the public supposed to understand the mysterious machinations of the term ‘hate’ without knowing what caused a jury to convict a fellow citizen of such a crime?

Hate is a crime the essential elements of which have been left undefined. As a writer, one must not only discern from the miasma what constitutes ‘hate’ but also guess what elements a jury will find persuasive. If one of the main goals of the criminal law is to prevent certain behavior then clarity of what such behavior is, is essential.

What can Canadians say? May they say they disagree strongly with a particular group? What evidence can one print in support of their disagreement? Surely, it is not the defendant’s responsibility that a particular political group is also associated with an ethnic identity and a religion. The Crown, by controlling website content through its ‘hate’ law, is controlling not only what Canadians may say but also what Canadians may read. Mr. Topham’s is not the only blog to criticize Israel and Zionism. Should Canadians then read political criticism only from other countries? Very troubling.

Second, the crown had almost 2 years to prepare its case. Its evidence was contained in 4 binders. Many of the pages were illegible and the Crown itself seemed to have extraordinary difficulties in citing to its own arguments. The defense quite properly objected. The Crown wanted to provide clear copies of the illegible pages in yet another binder cross referenced to the originals. The trial could have been an exercise in maze solving.

Judge Butler ruled that the Crown had to provide legible copies. This seemed to present a large obstacle and endless court time was wasted in discussions of printing costs, etc. As a foreign observer it seemed ironic that the crown spent $190 an hour on its expert witness, who as an earlier independent complainant against Mr. Topham might have been willing to accept less, and I don’t know how much money on ‘security’ but had so much trouble producing legible copies.

I belabor this point because it is very odd for the prosecution to allow its evidence to be blurry. I would expect in proving an elusive crime like ‘hate’ they would want their evidence to be as clear and convincing as possible.

Was the intent to confuse the jury? Was the Crown merely incompetent? This is not impossible. The judge spent much time instructing the crown’s representative, Ms. Johnston, on procedural issues. This gave me the impression (and perhaps the jurors as well?) that the judge was helping and thus favoring the prosecution. Surely this was unintentional on Judge Butler’s part.

Third, and this relates to point two, the jury was given 62 pages of ‘charges’ (or what Americans call jury instructions). Even if all twelve jurors, ordinary men and women, are speed readers, how are they to read and evaluate 62 pages of instructions and then apply them to four binders? The plethora of material leads me to suspect that the jury was not intended to read the material at all. This would tend the jury toward a guilty verdict.

There is not a sinister act by the jury. They were asked to sit through weeks of testimony about Jewish politics, history, religion, and identity. Jury selection would have excluded anyone who was actually interested in such topics. They were handed stacks of paper. Faced with these circumstances, they presumably decided that the Crown and the judge worked for their province and had British Columbia’s best interests at heart. It is actually a testimony to the weakness of the Crown’s case that Mr. Topham was found not guilty at all.

The battle is not over. Following the verdict, both sides indicated that they intended to appeal. (Here Canada differs from the United States where prosecutors can appeal only under very limited circumstances). The Crown asked that Mr. Topham’s bail restrictions be changed and that his website be taken down.

Judge Butler did not decide these issues because first, as the defense pointed out, these requests were improperly made. Mr. Topham intends to present a Charter (constitutional) argument that the judge had stayed at the beginning of the trial so that the ‘facts’ of the case could be more fully developed at trial.

Eve Mykytyn graduated from Boston University School of Law and was admitted to bar of the state of New York. Read other articles by Eve.

•••0•••
Please help fund the purchase of the court transcripts and the Constitutional Challenge for R v Roy Arthur Topham.

Donations can be made online via my GoGetFunding site located at http://gogetfunding.com/canadian-pub...ical-writings/ or else by sending cash, cheques or Money Orders to the following postal address. Please make sure that any cheques or Money Orders are made out to – Arthur Topham – and sent to:

Arthur Topham
4633 Barkerville Highway
Quesnel, B.C.
V2J 6T8
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Old April 28th, 2016 #17
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Just giving this thread a bump.

Topham has fairly decent financial backing. Who are those mysterious donors who gave $1000?

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Old March 17th, 2017 #18
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Default Arthur Topham sentenced, Jews still unhappy with win against free speech

from Paul Fromm email:

Topham Gagged & 6 Month Conditional Sentence: One More Victim of Zionist Thought Control

Asked whether he had anything to say before sentencing, Arthur Topham made a statement that will ring through Canadian history about the nature of free speech and the motivations of an extremely moral and honest man.. He posted what he had as a critic of Zionism, not out of malice or hatred, but driven by a moral imperative to warn people of a perceived danger. "I felt that I had a duty as a Canadian citizen to alert the general public of an imminent threat ... the interests of the Jewish lobby," said Topham in court March 13, according to the CBC.

Arthur Topham's 10 year ordeal of harassment for being a strong critic of Zionism, ended in a Quesnel courtroom when he was sentenced, having been convicted in November 2015 on one count of violating Canada's notorious "hate law" Sec. 319 of the Criminal Code, as a result of postings highly critical of Zionism and organized Jewry. Ironically, the charge revolved around books readily available from mainline online booksellers.. The Internet dissident became technically another political prisoner in Canada's sordid attack on free speech. Amnesty International defines a political prisoner as a person punished solely for the non-violent expression of his political, religious or cultural views.


Arthur Topham with Paul Fromm

Judge Bruce Butler sentenced Mr. Topham to a six month suspended sentence during which he must reside at his home, refrain from alcohol, report to his probation officer and not post anything on the Internet. After that, he faces two years of probation. On March 10, he shut down his massive RadicalPress.com website, the contents of which, we assume will be mirrored by others in less repressive lands than Canada.

"In a sense, the thought control freaks got part of what they wanted -- the silencing of this dissident," said Paul Fromm, Director of the Canadian Association for Free Expression which had backed Mr. Topham during the first legal assault by complainant Harry Abrams,a complaint to the Canadian Human Rights Commission under the now repealed Sec. 13. CAFE continued to back him when Abrams, a B'nai Brith spokesman in Victoria, teamed up with chronic Ottawa complainer Richard Warman who complained to the British Columbia "hate squad" which led to the Sec. 319 charges.

In sentencing Mr. Topham, Judge Butler rejected Crown submissions for a stiffer sentence and 200 hours of community work. The judge also rejected allegations that Mr. Topham indirectly advocated violence. The CBC (March 13, 2017) reported: "One piece that Topham called 'satire' advocated the forced sterilization of all Jews. 'He does not call for violence; his views were political satire,' Butler told the sentencing hearing. 'It is not his intent to indirectly incite violence.'

Butler ruled that Topham deliberately used the internet to disseminate anti-Semitic information but said the man was not calling for violence." The satire in question was Israel Must Perish, a parody Mr. Topham wrote of a hideous blueprint for genocide Germany Must Perish, written in 1941 by an American Jew named Theodore Kaufman, calling for the mass sterilization of German Jews after the war, an act which would eliminate the Germans as a people within a few decades.

No one was happy with the sentence. Free speech supporters see the gagging of Arthur Topham as one more atrocity committed under Pierre Trudeau's fraudulent Charter of minority special rights and diminished Majority freedoms.

Defence lawyer Barclay Johnson sadly observed: "The difference between Canada and the Soviet gulags is only one of degree. The communists put dissidents into a physical prison. The gag order is a psychological; prison imposed to enforce a multicultural society. The Charter is little more than a fine document to be hung on an office wall. It looks good. However, judges have repeatedly gutted promised rights like freedom of speech and invented rights not mentioned, like same sex marriage."

The mainstream media, even in British Columbia, were strangely silent. "The Jewish lobby doesn't like this sentence," remarked Dr. James Sears publisher of the satirical YOUR WARD NEWS, another target of arch- complainer Richard Warman.'s "They were hoping for a harsher sentence and, then, the controlled media would have crowed about a 'Nazi' tongue-lashed by a judge and sent away for a long prison term."

Their victory over the former teacher, placer miner and publisher. after a decade of attack seemed like a mouthful of bitter ashes to B'nai Brith. "B’nai Brith Canada, which had alerted the RCMP to Topham’s activities back in 2007, said it was “strongly disappointed” with the sentencing.

In a statement, Michael Mostyn, CEO, described the sentence as “a mere slap on the wrist which will do little to protect Canadian Jews or preserve the multicultural mosaic of our society. Mr. Topham is a committed and unrepentant Jew-hater, who persisted in publishing lurid anti-Semitic content on his website throughout this legal process,' Mostyn continued. 'Canada’s laissez-fair approach to hate crimes continues to fail minority groups and puts them at increased risk of attacks against their lives or property.'

Mostyn said the timing of the lax sentence was especially disturbing 'as Canada’s Jewish community reels from a series of bomb threats against our community centres, inspired by the same hateful ideology that drives Mr. Topham.'” (Canadian Jewish News, March 14, 2017)

The Times of Israel also weighs in whining about the 'lenient' sentence.
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Last edited by 8Man; March 19th, 2017 at 10:18 AM. Reason: add URL
 
Old March 17th, 2017 #19
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Quote:
Originally Posted by 8Man View Post
from Paul Fromm email:

Topham Gagged & 6 Month Conditional Sentence: One More Victim of Zionist Thought Control

Asked whether he had anything to say before sentencing, Arthur Topham made a statement that will ring through Canadian history about the nature of free speech and the motivations of an extremely moral and honest man.. He posted what he had as a critic of Zionism, not out of malice or hatred, but driven by a moral imperative to warn people of a perceived danger. "I felt that I had a duty as a Canadian citizen to alert the general public of an imminent threat ... the interests of the Jewish lobby," said Topham in court March 13, according to the CBC.

Arthur Topham's 10 year ordeal of harassment for being a strong critic of Zionism, ended in a Quesnel courtroom when he was sentenced, having been convicted in November 2015 on one count of violating Canada's notorious "hate law" Sec. 319 of the Criminal Code, as a result of postings highly critical of Zionism and organized Jewry. Ironically, the charge revolved around books readily available from mainline online booksellers.. The Internet dissident became technically another political prisoner in Canada's sordid attack on free speech. Amnesty International defines a political prisoner as a person punished solely for the non-violent expression of his political, religious or cultural views.


Arthur Topham with Paul Fromm

Judge Bruce Butler sentenced Mr. Topham to a six month suspended sentence during which he must reside at his home, refrain from alcohol, report to his probation officer and not post anything on the Internet. After that, he faces two years of probation. On March 10, he shut down his massive RadicalPress.com website, the contents of which, we assume will be mirrored by others in less repressive lands than Canada.

"In a sense, the thought control freaks got part of what they wanted -- the silencing of this dissident," said Paul Fromm, Director of the Canadian Association for Free Expression which had backed Mr. Topham during the first legal assault by complainant Harry Abrams,a complaint to the Canadian Human Rights Commission under the now repealed Sec. 13. CAFE continued to back him when Abrams, a B'nai Brith spokesman in Victoria, teamed up with chronic Ottawa complainer Richard Warman who complained to the British Columbia "hate squad" which led to the Sec. 319 charges.

In sentencing Mr. Topham, Judge Butler rejected Crown submissions for a stiffer sentence and 200 hours of community work. The judge also rejected allegations that Mr. Topham indirectly advocated violence. The CBC (March 13, 2017) reported: "One piece that Topham called 'satire' advocated the forced sterilization of all Jews. 'He does not call for violence; his views were political satire,' Butler told the sentencing hearing. 'It is not his intent to indirectly incite violence.'

Butler ruled that Topham deliberately used the internet to disseminate anti-Semitic information but said the man was not calling for violence." The satire in question was Israel Must Perish, a parody Mr. Topham wrote of a hideous blueprint for genocide Germany Must Perish, written in 1941 by an American Jew named Theodore Kaufman, calling for the mass sterilization of German Jews after the war, an act which would eliminate the Germans as a people within a few decades.

No one was happy with the sentence. Free speech supporters see the gagging of Arthur Topham as one more atrocity committed under Pierre Trudeau's fraudulent Charter of minority special rights and diminished Majority freedoms.

Defence lawyer Barclay Johnson sadly observed: "The difference between Canada and the Soviet gulags is only one of degree. The communists put dissidents into a physical prison. The gag order is a psychological; prison imposed to enforce a multicultural society. The Charter is little more than a fine document to be hung on an office wall. It looks good. However, judges have repeatedly gutted promised rights like freedom of speech and invented rights not mentioned, like same sex marriage."

The mainstream media, even in British Columbia, were strangely silent. "The Jewish lobby doesn't like this sentence," remarked Dr. James Sears publisher of the satirical YOUR WARD NEWS, another target of arch- complainer Richard Warman.'s "They were hoping for a harsher sentence and, then, the controlled media would have crowed about a 'Nazi' tongue-lashed by a judge and sent away for a long prison term."

Their victory over the former teacher, placer miner and publisher. after a decade of attack seemed like a mouthful of bitter ashes to B'nai Brith. "B’nai Brith Canada, which had alerted the RCMP to Topham’s activities back in 2007, said it was “strongly disappointed” with the sentencing.

In a statement, Michael Mostyn, CEO, described the sentence as “a mere slap on the wrist which will do little to protect Canadian Jews or preserve the multicultural mosaic of our society. Mr. Topham is a committed and unrepentant Jew-hater, who persisted in publishing lurid anti-Semitic content on his website throughout this legal process,' Mostyn continued. 'Canada’s laissez-fair approach to hate crimes continues to fail minority groups and puts them at increased risk of attacks against their lives or property.'

Mostyn said the timing of the lax sentence was especially disturbing 'as Canada’s Jewish community reels from a series of bomb threats against our community centres, inspired by the same hateful ideology that drives Mr. Topham.'” (Canadian Jewish News, March 14, 2017)
People don't realize how close we came to this in this last US election.

TPP had provisions for charging people with crimes for 'hate' speech re religion and race, sexual 'identity', etc.
All the Dems (except Sanders) and All the NeoCons supported it.
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