Legal activism Richard Warman
1 legal activism
1.1 human rights commissions
1.2 freedom of speech
1.3 canadian human rights tribunal
1.3.1 warman v. lemire
1.4 case against neo-nazi bill white
1.5 defamation suits
1.5.1 david icke
1.5.2 jason ouwendyk , northern alliance
1.5.3 paul fromm , canadian association free expression
1.5.4 william grosvenor
1.5.5 national post, ezra levant et al
1.5.6 mark , connie fournier , free dominion
legal activism
human rights commissions
warman has initiated large number of complaints against groups , individuals, alleging violations of section 13(1) of canadian human rights act. has been identified primary complainant under provision. targets include canadian heritage alliance , leader melissa guille; jason ouwendyk , northern alliance; marc lemire; tomasz winnicki; alex kulbashian , james scott richardson of canadian ethnic cleansing team; bobby wilkinson , canadian nazi party; craig harrison; terry tremaine;glenn bahr, peter kouba, jessica beaumont , ciaran paul donnelly, formerly group western canada us; liz lampman; fred kyburz; , eldon warman. warman person has used section 13 in decade ending in 2011.
in addition kyburz , eldon warman, warman raised concerns wally dove, member of canadian detax movement attempting use qualifications certified general accountant (cga) promote unlawful tax evasion schemes. chartered general accountants of ontario later revoked dove s cga , obtained injunction ordering him stop claiming cga thereafter.
freedom of speech
warman involved in stopping david icke s public presentations in canada , abroad. shared opinion british newspaper independent on sunday: has taken conspiracy theories ever existed , melded them create greater conspiracy of own. writings may work of madman, or of genuine racist. either way dangerous. there unpleasant anti-semitic undertone in work must brought public attention. if s unstable followers, hang on every word. benefit can there in allowing him speak?
canadian human rights tribunal
warman has won ten of cases has brought before canadian human rights tribunal (chrt), , 2 more have been mediated after individuals had left neo-nazi movement , renounced beliefs.
the chrt has consistently upheld warman s complaints against following individuals , groups: fred kyburz; eldon warman; alexan kulbashian, james scott richardson , canadian ethnic cleansing team, affordable-space.com; tomasz winnicki; craig harrison (for postings on marc lemire s freedomsite); peter kouba; glenn bahr , western canada us; terry tremaine.; bobby wilkinson , canadian nazi party; , jessica beaumont.
warman v. lemire
on september 2, 2009, in case of warman s complaint against marc lemire, canadian human rights tribunal member athanasios hadjis found section 13 of canada human rights act unconstitutional, infringed unjustifiably on canadian charter of rights , freedoms guarantee of freedom of expression. hadjis declined impose penalty on lemire. hadjis not judge , tribunal not court, decision not carry sufficient weight strike down section ultra vires. result, ruling not binding beyond lemire. however, tribunal has suspended further hearings in active cases while awaiting higher court ruling in lemire.
on october 1, 2009, commission appealed decision in lemire federal court. canadian government has chosen not intervene in federal court case, although had defended constitutionality of section 13(1) before tribunal. in february 2014, federal court of appeal ruled against lemire in decision found section 13 constitutionally valid , reinstated penalty section , chrt s cease , desist order against lemire violating section 13, regardless of fact point section had been repealed parliament.
case against neo-nazi bill white
warman known attempt have canadian radio-television , telecommunications commission (crtc) block access 2 united states-based websites included bernie farber of canadian jewish congress described murder warrant against warman u.s. neo-nazi bill white. in refusing initial ex parte application, crtc stated:
in commission s view, given unprecedented nature of relief sought in application , serious , fundamental issues raises, fact specific approval being sought in favour of canadian carriers without notice such carriers, inappropriate consider granting interim relief sought in application on ex parte basis, , in particular without affording canadian carriers , other interested parties opportunity comment.
white subsequently indicted u.s. grand jury death threats against warman , others , remains in custody pending trial. grand jury heard testimony both bernie farber , warman. acting u.s. attorney julia dudley said lines had been crossed, announced charges against mr. white. when freedom of speech turns threats against innocent people, responsibility of law enforcement community intervene , protect citizens , said.
defamation suits
david icke
warman has sued david icke libel, following publication of mr. icke s book children of matrix. warman sued publishers , distributors of book. warman requested british columbia libraries association remove book collection. fearing litigation, library association complied request. b.c. library association member ann curry commented in warman case, libraries had comply mr. warman s request or possibly face liability2. in 2004, b.c. government passed legislation protect libraries defamation suits if distribute materials can considered defamatory. lawsuit settled in 2015 when icke paid $210,000 in damages , legal costs , agreed cease further distribution of children of matrix , remove defamatory material future editions . warman said settlement exposes icke s argument no 1 had ever sued him because allegations true nothing more fallacy. added, reputation has been entirely vindicated. david icke’s attacks against me disgraceful , beyond pale he’s paid heavy price them , trust never happen again.
jason ouwendyk , northern alliance
warman has sued jason ouwendyk , white supremacist group northern alliance libel. – case suspended when ouwendyk sought bankruptcy protection , agreed pay warman damages part of proposal creditors
paul fromm , canadian association free expression
warman sued paul fromm , canadian association free expression libeling him in various internet posts. on november 23, 2007, ontario superior court justice monique métivier ruled in warman s favour , ordered fromm pay warman $30,000 in damages, , post full retractions within ten days on websites on posted defamatory comments. métivier found fromm posted statements warman either knowing fundamental falseness of accusations levelled @ warman, or being reckless truth of these. ontario court of appeal upheld judgement , added $10,000 in costs against fromm , group. supreme court of canada later refused give them leave appeal further , again awarded costs against fromm , group.
william grosvenor
warman awarded $50,000 in damages in 2008 after successful suit defamation, assault, , invasion of privacy against albertan william grosvenor. grosvenor had sent emails , made variety of posts on course of 2 prior following warman s human rights complaint against grosvenor. posts variously threatened warman, called violence against him, , attempted reveal lived. warman have pursued damages of $175,000, waived larger claim proceed under simplified rules of court.
national post, ezra levant et al
in april 2008, warman launched libel suit against national post company, national post columnist jonathan kay, , canadian bloggers - ezra levant, kate mcmillan , blog small dead animals, kathy shaidle , blog 5 feet of fury, mark fournier , constance wilkins-fournier , blog free dominion. reason suit newspaper, quoting expert hired marc lemire part of lawsuit warman, said warman author of 2003 internet post regarding canadian senator anne cools used racist , sexist epithets. warman denied author of post , sued libel damages posted information. national post , kay apologized , retracted statement , settled out of court warman. levant, mcmillan , shaidle settled , publicly apologized on june 10, 2015. apology posted on levant s website read follows:
in past, have made derogatory statements , comments mr. richard warman on january 20, 23 , 28, 2008 , november 10, 2008. statements , comments made on website @ www.ezralevant.com.
those statements , comments attacked personal , professional reputation of mr. richard warman. retract , apologize mr. warman statements , comments without reservation. in particular, in 1 of website posts, alleged mr. richard warman had posted bigoted attack on internet against senator anne cools. have no evidence true , retract , apologize mr. warman without reservation.
– signed ezra levant
mark , connie fournier , free dominion
the owners of free dominion sued in second lawsuit brought warman. in 2008, warman sued mark fournier, connie fournier , 8 john libel. part of case, warman asked court order fourniers release information assist in identification of 8 john does: email addresses , ip addresses. justice kershman ordered them so. however, on appeal, superior court overturned decision unless warman prove prima facie case against john before information released.
on august 9, 2013, case began jury selection. after 10 days of testimony, jury charged. on october 2, 2013, jury found in warman s favour, awarding him $42,000 in damages, plus costs later set @ $85,000. free dominion closed public result. on december 11, 2015, ontario court of appeal upheld lower court s ruling , awarded warman additional $23,000 in costs.
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