30 April 2009

BCL Is Drinking Our Milkshake! Comments on Enforcement of Canadian Human Rights Tribunal Decisions

BigCityLib has posted another blog entry covering an area that we here follow. This time he addresses the fact that, despite claims by Mr. Levant and Mr. Steyn that Section 13 of the Criminal Human Rights Act is not enforceble, it has, in fact, been enforced, including a time this month:

And, oh look! Here is just such an example--a ruling issued in the Richard Warman v. Canadian Heritage Alliance and Melissa Guille case from April 21, 2009:

...in contrast to the ruling in Warman v. Northern Alliance and Jason Ouwendyk, the ruling in the present case simply suspended the Tribunal's cease and desist order for 30 days pending the motion on the constitutional challenge. After the 30 day period has elapsed (which is presently the case), the cease and desist order comes into effect.

[9] Ms. Guille and the Northern Alliance are therefore, subject to an order of this Tribunal to cease communicating the material that was found to be contrary to s. 13 of the Act and any material that is similar in content.

We would add to BCL's example the case of Tomasz Winnicki who, in July 2006, was sentenced to 9 months in prison for comtempt having continued to violate the terms of the Federal Court injunction by his continued online posting of, "the unrelenting message of hatred"; he was released in October of the same year pending an appeal [see page 3]. Winnicki had been ordered by the CHRT to stop posting hate material online in April 2006 (the injunction on his postings, which he ignored, had been placed on him by the Federal Court pending the decision [see page 7]).

1 comment:

bigcitylib said...

Well thank you. I get obsessive over some things.