Friday, April 18, 2008

Privacy Act complaint filed against Canadian Human Rights Commission for unauthorized use of an Internet connection

Privacy Act complaint filed against Canadian “Human Rights” Commission for unauthorized use of an Internet connection

 

http://www.freedomsite.org/legal/CHRC_privacy_complaint.html

 

 

APRIL 18, 2008: The Privacy Act makes it a violation of governments to invade the privacy of Canadians without proper justification.  On April 4, 2008, the Canadian Press Reported "The unauthorized use of someone's computer or network could constitute a serious breach of privacy, the office of Privacy Commissioner Jennifer Stoddart said. "The possibility that the (Canadian Human Rights Commission) was accessing someone else's computer without their permission, and in effect using their network to communicate, is something we're certainly going to look into," Colin McKay, who is Stoddart's communications director, said from Ottawa."

A criminal complaint has already been filed with the Ottawa Police and the RCMP.

  

Text of complaint filed

 

To: Office of the Privacy Commissioner of Canada

112 Kent Street

Place de Ville

Tower B, 3rd Floor

Ottawa , Ontario , K1A 1H3

 

NAME OF COMPLAINANT:

 

Marc Lemire

545-152 Carlton Street

Toronto, Ontario

M5A 2K1

 

 

 

NAME AND ADDRESS OF RESPONDENTS:

 

Canadian Human Rights Commission

344 Slater Street, 8th Floor,

Ottawa, Ontario K1A 1E1, Canada

Telephone: (613) 995-1151

Fax: (613) 996-9661

 

 

 

 

ALLEGATION:

 

On December 8, 2006 at 3:29pm (EST) Dean Steacy and/or John Chamberlin and/or Sandy Kozak, used the pseudonym “Jadewarr” to access the Stormfront.Org website.  In order to hide their identity, the respondents wilfully and with malicious intent connected to the wireless access point of Nelly Heckme, without her knowledge and/or approval, in violation of Canadian law and the Privacy Act.

 

 

PARTICULARS:

 

On December 8, 2006 at 3:29pm, (EST), Dean Steacy, an investigator at the Canadian Human Rights Commission logged onto the Stormfront.Org website using the pseudonym “Jadewarr” to print off a post entitled “Italy for Italians”  This print out was entered into evidence by the Canadian Human Rights Commission (CHRC), during a hearing before the Canadian Human Rights Tribunal (Tribunal), File No. T1106/8705, on December 12, 2006.   (Beaumont case)

 

The material submitted by the CHRC showed that the pseudonym logged into Stormfront was “Jadewarr”  Attached to this my complaint and marked Exhibit A is the transcripts of  December 12, 2006 Tribunal hearing.

 

On March 25, 2007, I accessed the Stormfront.Org member public profile for user “Jadewarr”. The user profile shows that the last activity (last logon) was 12-08-2006 03:29PM.  As well it showed a join date of 02-02-2005 and the E-mail address jadewarr@yahoo.ca. Attached to this my complaint and marked Exhibit B is the Stormfront member public profile for “Jadewarr”.

 

In March, 2007, I requested and received the IP address and e-mail address associated with the Stormfront member “Jadewarr” from Don Black, the owner and operator of Stormfront.Org.

 

He provided me with the following information:

 

·                    IP Address:  70.48.181.203

·                    Host Name: bas2-ottawa23-1177597387.dsl.bell.ca

·                    E-Mail address used: jadewarr@yahoo.ca

 

Attached to this my complaint and marked Exhibit C is the affidavit of Marc Lemire, dated 12 February 2008.

 

On May 10, 2007, at the hearing of Warman v. Lemire, before the Canadian Human Rights Tribunal, the CHRC invoked Section 37 of the Canada Evidence Act to block all questioning on the “Jadewarr” account.  Dean Steacy was the witness on the stand.

 

On May 14, 2007, Marc Lemire filed a motion before the Canadian Human Rights Tribunal for a subpoena of Bell Canada’s records for:

 

User account and subscriber information for the user of IP Protocol address:  70.48.181.203, with hostname bas2-ottawa23-1177597387.dsl.bell.ca, that was connected to the Bell Sympatico and/or Bell Canada network on: December 8th, 2006 at 03:29 PM (EST)

 

On May 15, 2007, The Canadian Human Rights Commission replied:

The Commission, pursuant to section 37 of the Canada Evidence Act, R.S.C. 1985, c.C-5, formally objects to the disclosure of this information.  We certify to the Tribunal that this information should not be disclosed on the basis of the public interest as the disclosure of this information would be prejudicial to the Commission’s investigative process

 

On May 17, 2007, the Tribunal ruled that Section 37 has been invoked by the CHRC for the Bell Canada Subpoena, and that only the Federal Court of Canada can review the application. Attached to this my complaint and marked Exhibit D is the ruling by the Tribunal.

 

On May 17, 2007, Marc Lemire filed a Notice of application with regard to Judicial

Review of all Section 37 invocations, before the Federal Court of Canada.

On December 20, 2007, Margot Blight, counsel for the Canadian Human Rights Commission gave in on all Section 37 objections and made voluntary admissions on the identity of Jadewarr.  The information revealed by the CHRC, in admissions certified as true by counsel, in regards to Dean Steacy was:

 

2. Getting back to Jadewarr, do Commission employees sign up accounts on Stormfront, under pseudonyms such as “Jadewarr”?

o       I used the Jadewarr email address to create an account on Stormfront.  I am not aware whether or not other investigators have created other accounts on Stormfront.

3. Do you know who Jadewarr is?

o       Jadewarr is not a person, it is an email address and a user account on Stormfront.org.  I created the Jadewarr email address on yahoo.ca and the Jadewarr account on Stormfront.  I have used the Jadewarr email address and the Jadewarr account on Stormfront on occasion, in the course of investigating complaints.  I am not aware of anyone else having used the Jadewarr email address or account.

 

Attached to this my complaint and marked Exhibit E is the admissions by the CHRC dated December 20, 2007.

 

On January 15, 2008 before the Federal Court of Canada, CHRC counsel Margot Blight withdrew their Section 37 objection to the subpoena of Bell Canada.  Attached to this my complaint and marked Exhibit F is the ruling by the Federal Court of Canada.

 

On March 3, 2008 the Canadian Human Rights Tribunal allowed the issuance of a subpoena of Bell Canada’s records for the “Jadewarr” records. Attached to this my complaint and marked Exhibit G is the ruling by the Canadian Human Rights Tribunal.

 

On March 25, 2008, Alain Monfette, director of the law enforcement support team for Bell Canada, testified under oath before the Tribunal (Warman v. Lemire) that the owner of the IP address 70.48.181.203 on December 8, 2006 at 3:29PM was:

 

Nelly Hechme

570 Laurier Ave W

Ottawa, Ontario

User ID: b1cgsw59

Connection date and time: December 7, 2006 from 18:37:22 to December 8, 2006 at 21:35:56

 

Attached to this my complaint and marked Exhibit H is the subscriber information as provided by Bell Canada.

 

On March 25, 2008, Dean Steacy testified under oath before the Tribunal (Warman v. Lemire) that he used the “Jadewarr” account and printed the webpage as used in the Beaumont case.  Dean Steacy also testified that: John Chamberlin, Sandy Kozak and his assistant also had the password to the “Jadewarr” account.  Mr. Steacy also testified that he does not know who Nelly Hechme is.

 

On March 26, 2008, the National Post newspaper in a front page story entitled “Jeers and Loathing at tribunal” reported the following:

 

Reached by phone last night, Ms. Hechme, 26, told the National Post she has no connection to the tribunal, has never known any of the investigators, and has never accessed a Web site as Jadewarr. She said that in the relevant period in 2006 she did have a Bell Sympatico account with a wireless connection that was not password controlled, meaning anyone within range of her apartment could have accessed the Internet with it.

 

Attached to this my complaint and marked Exhibit I is the March 26, 2008 National Post article.

 

On March 26, 2008, Marc Lemire attended the address of Nelly Hechme at 570 Laurier Ave W.  Upon arriving, it was clear that the Canadian Human Rights Commissions office was merely 1 block from her apartment.

 

A mapquest review of the location shows that between the CHRC’s office at 344 Slater Street, 8th Floor and Nelly Hechme’s apartment at 570 Laurier Ave W, is separated by a large open field. Attached to this my complaint and marked Exhibit J is a satellite view of the area.

 

It takes a purposeful intent to connect to a wireless access point.  The person would have to scan for wireless access points.  And then select the one you wanted to connect to. It was no accident they connected to Nelly Hechme’s access point, in order to impersonate her internet IP address and conceal what they were doing on internet websites.

 

The Canadian Human Rights Commission employees have taken numerous steps in the past to hide their real internet IP address, by using Internet anonymous redirecting services such as “the-cloak.com”.

 

In an attempt to cover up their actions, the CHRC has attempted to block the issuance of a subpoena of Bell Canada’s records on at least three occasions.

 

  1. Initial motion filed for Bell Canada Subpoena (Motion filed: May 14, 2007, Section 37 of CEA invoked by CHRC on May 17, 2007)
  2. Federal Court of Canada (CHRC initially made submissions on why it should not be released.  And then at the hearing date on Jan 15, 2008, the CHRC revoked their Section 37 of the CEA objection)
  3. Tribunal on issuance (CHRC against tried to block the Tribunal from issuing a subpoena.  Tribunal issues subpoena on March 3, 2008)

 

The dominant motive of the CHRC was to hide what their employees did and thus conceal from the public the questionable actions on their employees.

 

A wireless signal from a wireless access point can easily travel a city block.

 

 

COMPLAINT:

 

Dean Steacy and/or other Commission employees willfully connected to the wireless access point owned by Nelly Hechme, in order to hide their online identity.  Then impersonating Mrs. Hechme, via her internet connection, browsed to Stormfront.Org website and printed documents that were submitted as evidence of material fact before the Canadian Human Rights Tribunal.

 

1.     By wilfully and with malicious intent connecting to Nelly Hechme’s wireless access point and then using her internet connection without authorization, they have violated the Privacy Act.

 

2.     By wilfully and with malicious intent connecting to Nelly Hechme’s wireless access point and then using her internet connection without authorization, they have committed other violations which this Privacy Office may deem applicable.

 

 

 

Respectfully submitted;

 

 

Marc Lemire

7 April 2008

 

 

 

________________________________________________________________________

Biased and Unfair | TRUTH is NO Defence | 100% Convictions | Lifetime Speech bans

Censors ... HANDS OFF THE INTERNET!

http://www.freedomsite.org

http://wwwStopSection13.com

 

 

 

 

 


 

Support Marc Lemire's Constitutional Challenge

 

Be part of our team and contribute what you can to defeat this horrible law 

and protect Freedom of Speech in Canada !

 

·         Via Mail: Send Cheque or Money Order to:

Marc Lemire

152 Carlton Street 

PO Box 92545 

Toronto, Ontario 

M5A 2K1 

Canada