Under persistent questioning from Barbara Kulaszka, Dean Steacy admitted that, under the legislation, there is no exemption for investigators postiing "hate" on the Internet.
Margot Blight cut into Doug Christie's time, repeating no less than three times, "as I recall" during a windy objection to his request that redacted documents from Harvey Goldberg's correspondence be revealed.
"On behalf of this witness, Ms Blight said there was no formal relationship between the CHRC and police departments," but this document reads: "The Commission has signed an MOU with the RCMP." This was from January, 2006.
Steacy answered that the MOU dealt with other matters at the Commission. "We don't have an MOU with the RCMP involving Sec. 13.1. It has nothing to do with Sec. 131. It deals with prevention." Mr. Christie then confronted Mr. Steacy with an April 18 memo to Harvey Goldenberg from a blacked out name: "CHRC officers in charge of investigating hate message complaints have outlined a few issues that might be the subject of potential working group's activities [including] improving access to the provincial and municipal-level information; obtaining more direct access to CPIC and/or improving efficiency and speed in sharing information."
Mr. Steacy admitted he's taken a course in "investigating hate-related cases."
In another heavily blacked out document from May, 2006 Harvey Goldberg suggests a blacked out name from the Canadian Jewish Congress who might be able to provide expert testimony in a Sec. 319 case about "hate" on a website .
"Is it the case that the Commission sits down with representatives of the police forces of London, Ottawa, Toronto, Montreal and the OPP, CSIS the Department of Justice to discuss Sec. 13.1" does this not trouble you," Mr. Christie demanded.
"No, it doesn't," Mr. Steacy responded.
"If there are a number of people using pseudonyms and you don't know who they are, but the website is controlled by a Canadian, does this not concern you?" Mr. Christie asked.
"Do you have any central registry of pseudonyms" of investigators, Mr. Christie and was told no.
Mr. Steacy said there was no such provision.
"So, it's possible," Mr. Christie continued, "that you could prosecute someone for running a site where someone under a pseudonym was posting hate."
"I guess," Mr. Steacy agreed.
"I understand what you've done is use the services of London Police Department to gain access to the encrypted hard drive of Mr. Scott Richardson's hard drive. You didn't have a search warrant for that."
Mr. Steacy had to agree.
"Did you ask Const.. Wilson if he informed the Justice of the Peace when he obtained the search warrant that he would distribute this information to other bodies?" Mr.. Christie continued.
Mr. Steacy had to agree that he had not.
Only four people have the password to "Jadewarr." Mr. Steacy said he had different assistants in December, 2006 who would have had the password to "Jadewarr". The assistant was posting at 3:00 in the morning..
Asked by Paul Fromm of the Canadian Association for Free Expression how, as a person blind since 2004, he could do his job in what is essentially a visual medium. Mr. Fromm was immediately attacked by Commission lawyer Margot Blight for attacking the witness.
"Not so said Mr. Fromm, it's a perfectly valid question: How does he do his job?" Comments were made about "special accommodations for Mr, Steacy."
It turns our from Mr. Steacy's testimony that he relies on screen reach software which tells him what symbols are. He prints off pages and his assistant reads them to him and, where there's a question about a symbol, the assistant is referred to a compendium Mr. Stacey prepared.