Saturday, April 3, 2010

** LEMIRE writes to the Senate on the inquiry concerning the Erosion of Freedom of Speech in Canada

April 3, 2010

 

To: Senator Doug Finley

The Senate of Canada,

Ottawa, Ontario

Canada

K1A 0A4

Freedom of Speech in Canada

 

Dear Senator;

 

    I am writing today to express my support for your March 30, 2010 statement in the Senate of Canada on the Erosion of Freedom of Speech in Canada.  I would welcome a Senate inquiry on freedom of speech.

 

By way of background, I have been battling the fanatical Canadian Human Rights Commission for the past seven years.  Back in 2003 a complaint was filed against my website, the Freedomsite [http://www.freedomsite.org] which alleged that my website promoted hatred and/or contempt in violation of Section 13 of the Canadian Human Rights Act.  In September 2009, after a 32 day hearing, I was completely exonerated for alleged hate speech, and Section 13 was found to be unconstitutional.  Although the case took 6 years, and in the end I “won”, I was not able to claim a cent of compensation for dragging me though the system. 

 

As a result of my 6 year persecution, I have amassed the largest collection of critical material on the CHRC and their systemic corruption.  These documents show the abuse, totalitarianism and corruption of the CHRC.  If an inquiry is called, I would like to present some of this shocking information to the Senate.

 

The information which I have uncovered includes:

 

 

The CHRC: Is an Affront to all Canadians

 

Canadians are sick and tired of the totalitarianism of the Canadian Human Rights Commission and their obsession to restrict freedom of speech on the Internet. Editorials from every major newspaper across Canada have demanded that Section 13 of the Canadian Human Rights Act needs to be scrapped.  The Canadian “Human Rights” Commission (CHRC) has become the single largest threat to freedom of expression, religion and personal beliefs in Canada’s History.

 

Sections 13 and 54 of the Canadian Human Rights Act are a direct attack on the freedom of expression guaranteed to us under the Charter of Rights and Freedoms. The provisions of these sections allow the Canadian Human Rights Tribunal to prosecute anyone alleged to have said or written something “likely to expose a person or persons to hatred or contempt” whether there is a living, breathing victim or not.

 

Vague concepts such as speech or writing “liable to cause hatred or contempt" are the basis of expensive state-funded prosecution of individuals. The statute provides no objective legal test for “hate” or any objective means of determining what constitutes “contempt”. As a result, the CHRC is used by various groups and individuals, as a risk-free taxpayer funded method to silence their critics and those they disagree with. CHRC investigators have testified that that “freedom of speech is an American concept” and therefore not valid in Canada. Such statements are contrary to the Charter of Rights and Freedoms, but are standard operating procedure at the CHRC.

 

Commissioners of the Canadians Human Rights Tribunal, who are not judges and are often not even lawyers, have held that "truth" is not a defence against prosecution under Section 13.  Intent or fair comment are also not defenses.  In fact, there is not a single listed defence under Section 13! Because of the lack of any defenses, the Tribunal has a 99% conviction rate since 1978. The Canadian Human Rights Tribunal routinely ignores the principles of fundamental justice, such as the rules of evidence, and these kangaroo courts, even allow hearsay evidence.  The CHRA provides for each Tribunal to make up the rules as they go.

 

Every journalist, writer, Internet webmaster, publisher and private citizen in Canada can be the subject of a Human Rights complaint for expressing an opinion or telling the truth. Given the ambiguity of Section 13, it is virtually impossible for any individual to determine if they might be in violation of Section 13. Arbitrary censorship and punishment are wrong, and cannot be justified in a free society. 

 

 

 

"Human Rights Commissions, as they are evolving, are an attack on our fundamental freedoms and the basic existence of a democratic society…It is in fact totalitarianism. I find this is very scary stuff."

 

(Stephen Harper BC Report Newsmagazine, January 11, 1999)

 

 

Hallmarks of Suppression

 

1: The Canadian Human Rights Commission and Tribunal are not fair, and make arbitrary decisions based on who an accused is rather than on a fair and impartial application of the stature they enforce. High profile accused, such as Macleans, Mark Steyn and Ezra Levant are given a free pass, while others, less prominent and lacking the resources to hire legal council are relentlessly prosecuted. This creates a chill on the freedom of expression since there is no discernable "line" between speech that is prohibited and speech that is "acceptable" to the CHRC.

2: The CHRC pays no heed to constitutionally protected rights such as Freedom of Expression. In place they use imaginary "rights" such as the "right to be free from contempt". There is no such right in our Charter. Both the CHRC and the Attorney General’s office considered freedom of speech to be an American concept that does not apply to Canadians. The CHRC only believes in "group" rights, and not the rights of individuals to "speak truth to power", hence the 99% conviction rate.

3: The CHRC is out of control and is currently under three investigations. CHRC investigators are under criminal investigation by the RCMP for the criminal theft of telecommunications services; The Privacy Commissioner is investigating complaints of CHRC breaches of personal privacy; and CHRC investigation techniques are under review by the Parliamentary Justice Committee. In the meantime, the CHRC continues to apply the law in an arbitrary and capricious manner.

4: The CHRC engages in clandestine spying on Canadians including using aliases to engage others in conversation and writing questionable material while asking for support for views of the alias for use in a subsequent prosecution.

 

5: The entire process is paid for by taxpayers on behalf of the complainants. The defendants must pay their costs personally. There is no legal aid and there is no way to claim costs, even if the defendants are found innocent.

 

Over the past few years, the CHRC has tried to bump itself up into a quasi National Security type agency.  Shamelessly, this politically motivated outfit operates in almost complete secrecy, with no rules, no public oversight and continually deflects Access to Information requests over their activities with absurd claims of “security”.

 

The CHRC has employed some very shady and possibly illegal tactics including;

 

  • Hijacking a private citizens Wireless Internet connection to connect to neo-Nazi websites and print of material and post messages
  • infiltration and spying operations on Canadians,
  • the use of private police databases such as CPIC, (which holds records of millions of Canadians, including data such as dental records, known aliases, addresses, last contact with police, etc)
  • infiltration of internet message boards,
  • telephone record searches,
  • motor vehicle record searches,
  • search warrants,
  • and even tenancy agreements for rental properties.

 

Because the CHRC is exempt from parliamentary oversight and doesn’t report to a minister, in enjoys carte blanche to do exactly as it pleases.  Inside the CHRC, there are no guidelines on how they need to investigate complaints.  Not are their any rules on what CHRC employees can do in the course of investigations.  This includes even the totally unacceptable practice of trying to entrap respondents dragged before the CHRC.

 

Furthermore, to Canada’s great shame, in any Human Rights Commission case, truth is no defence!  Its a slap in the face of 200 centuries of jurisprudence, intent, malice, effect, fair comment – none of these factors are taken into account by CHRC Tribunals. In fact, if you argue the truth of your statements, it is then used as proof of your guilt, and a rational to increase the amount of fines! Under the legislation there are no defences available. Is it any wonder that from 1977 to 2009 not a single person in over 32 years has ever won?

 

Tribunals and political inquisitions have no place in Canada. Recently, David Warren writing in the Ottawa Citizen called the Tribunal a “Kangaroo court” and “Star Chamber”. Others have compared them to the Communists, the Nazis, and the medieval Inquisition.  We need to stop the censorship enforcers and let freedom of speech reign. It’s time to abolish the Canadian Human Rights Commission and pack off this shameful censorship outfit to the "embarrassing lapses" dustbin of history.

 

I hope to hear from you on this pressing issue.

 

 

 

__________________________

Marc Lemire

 

Email:  marc@lemire.com

 

 

 

 

Members of Parliament who have openly stated their support for

a repeal of Section 13 of the Canadian Human Rights Act:

 

Liberal MP Keith Martin

Liberal MP Dan McTeague

Conservative MP Brad Trost

Conservative MP Rob Anders

Conservative MP Brent Rathgeber

Conservative MP John Baird

Conservative MP James Rajotte

Conservative MP Bruce Stanton

Conservative MP Lee Richardson

Conservative MP Russ Hiebert

Conservative MP Kevin Sorenson

Conservative MP Helena Guergis

Conservative MP Nina Grewal

Conservative MP Pierre Poilievre

Conservative MP Rick Dykstra

Conservative MP John Williams

Conservative MP Rick Casson

Justice Minister Rob Nicholson