BREAKING: Federal Court Rules in Lemire case. Some good news and some bad news
Wacky ruling by Federal Court sends the Marc Lemire case back to the Canadian Human Rights Tribunal for a declaration on Section 13 but invalidates the Penalty Provisions
TORONTO Oct 3, 2012: The Federal Court of Canada has issued it’s ruling in the Marc Lemire case, which challenges the infamous censorship provision Section 13 of the Canadian Human Rights Act. The Federal Court has struck down the penalty provisions of Section 13, but held that the doctrine of Severance was applicable and that Section 13 remains constitutional.
In yet another head scratching move by the Federal Court, Justice Richard G. Mosley has found that the notorious censorship provision – Section 13 of the Canadian Human Rights Act is constitutional, but that the penalty provisions are unconstitutional. The Federal Court issued their ruling while at the same time; the Senate of Canada is passing Second Reading on Bill C-304 an Act which will strip the censorship powers from the fanatics at the Canadian Human Rights Commission. How out of touch with the will of Canadians can the Federal Court be?
This is both a major victory for freedom and a set-back. The Federal Court has found that the penalty provisions of Section 13 are unconstitutional. The Federal Court “declared that ss 54 (1) (c) and 54 (1.1) of the Canadian Human Rights Act are of no force or effect pursuant to s 52 (1) of The Constitution Act, 1982, being schedule B to the Canada Act 1982 (U.K.), 1982, c. 11,1982;”. This strikes down the law which assessed huge fines against victims of Canadian Human Rights Commission censorship. Fines of up to $10,000 were imposed at will against anyone caught up in the “human rights” juggernaut.
From the very outset of this thought-control trial (starting in 2003/2004 !!!); Marc Lemire – though his courageous counsel Barbara Kulaszka – advocated for the penalty provision to be struck down. The CHRC and their fellow travelers fought tooth and nail against this. Finally in 2009, the Canadian Human Rights Tribunal agreed with Lemire, but lacked the power to actually invalidate the law. Today, The Federal Court has struck down the penalty provision and wiped this blight from Canadian Law books. This effectively removes the hammer which the fanatics at the Canadian Human Rights Commission have used to silence and suppress political dissidents from speaking truth-to-power on the Internet.
The bad news is that the Federal Court has upheld Section 13. The court found that the Canadian Human Rights Tribunal should have applied the doctrine of Severance, and “read-out” the Penalty provisions and held the underlying provision as constitutionally valid. This is the most shocking part of the decision.
Ignoring the very decisive and detailed ruling by the Canadian Human Rights Tribunal, Justice Mosley found that Section 13 was just fine. Contrary the mountain of evidence which was submitted during the Lemire Tribunal hearing; Justice Mosley found that there was little difference with Section 13, when it only applied to telephone answering machines to what it applies to now – the entire Internet. In Mosley’s mind, a crappy telephone answering machine is similar in reach and scope as the entire internet is. And as such there is no issue with applying the censorship powers of Section 13 to the entire media, broadcast media, podcasts, interactive content, Twitter, Facebook, YouTube, etc etc etc. After all they are just like an answering machine?!?!?
It really makes you wonder what is wrong with our courts and those clowns that elevate themselves to god-like status to rule over us little sheep. How the heck could the court rule that a telephone answering machine is no different than Facebook, Twitter or YouTube?
Unlike our proud ancestors who had to fight for freedom in the trenches of Normandy and in the highlands of Scotland, nowadays we have to fight for freedom in stale court rooms surrounded by out of touch “Justices” and their cadre of useful idiots just waiting to praise anything they do.
Every single major news outlet in Canada has denounced the censorship provisions of Section 13 – from coast to coast. From the leftists at the Toronto Star, to the National Post, Toronto Sun, Vancouver Province, Globe and Mail, Macleans Magazine, Calgary Herald, Ottawa Citizen, London Free Press, Catholic Insight, Catholic Register, B'nai Brith Jewish Tribune, Halifax Chronicle Herald, Sask Leader-Post, Winnipeg Free Press, and even the CBC.
The Parliament of Canada has voted to repeal Section 13 by a majority of Members of Parliament in the House of Commons. The Senate of Canada has already voted twice to repeal Section 13 and is it now on the way to third and final reading … yet this Justice Richard Mosley – in utter sheer arrogance and in clear contrast to a majority of Canadians – gives Section 13 its last gasp of air.
It was pretty clear during the court hearing in 2011, that Justice Mosley was harbouring a great deal of animosity towards the side representing freedom and justice. He treated my lawyer – Barbara Kulaszka – like complete trash. Constantly cutting her off and limiting our time to submissions down to almost nothing. The exchange between Mosley and Kulaszka was even quoted in the National Post the next day.
Like a lost soul, Justice Mosley just kept asking why the Attorney General of Canada was not appearing before him to make submissions. Of course the mere fact that the Attorney General was not going to appear in Federal Court to uphold this censorship law spoke volumes to everyone present. It is really quite a statement when the Attorney General of Canada refused to appear in the court to uphold their law. And it was even more evident when days later the Attorney General of Canada – Rob Nicholson – rose in the House of Commons and voted on Bill C-304 an Act to repeal Section 13. Can the message be any clearer Justice Mosley?
The question now is what to do. Do I accept the ruling of Justice Mosley or do I appeal and continue to fight to rid Canada of this horrible censorship legislation? The choice is as much mine as it is yours. I can not continue to fight for freedom without your support. There are a series of other cases in the “Human Rights” grist mill, which are awaiting a final decision in my case. If I chose not to appeal, all those cases would then be activated and the censorship victims would be dragged before these kangaroo courts (Arthur Topham, Alexan Kulbashian, etc)
Can I count on you to support the cause of freedom and rid Canada of this disgusting though control legislation? My courageous lawyer Barbara Kulaszka and I have demonstrated what two dedicated freedom fighters can accomplish against overwhelming odds. We have single-handedly and doggedly fought the system and exposed the corrupt underbelly of the "Human Rights" Commission's racket. Nothing ever comes easy when you are fighting such fanatical censors. This case is a seminal one, where the outcome will have serious implications on our right to think and speak freely in this country for generations to come. All Canadians will benefit when we manage to get this shameful law expunged from our legal books.
I cannot carry on this important fight alone. Your donations literally equal the survival of this case. No organizations are assisting with the bill at all.
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