23 June 2009

More Topham Looniness

We've started to follow the strange case of Arthur Topham. A complaint against him and his website, "Radical Press" is currently working it's way through the CHRC and CHRT. On Sunday we published part of his "Statement of Particulars." Today we received a partial copy of the complainant's response by B'nai Brith (we've added some hyperlinks ourselves):

Tuesday, June 23, 2009

This is our reply to Mr. Arthur Topham's response to our Statement of Particulars of March 2009.

Before framing the substance of our response, it bears mentioning at this stage of the proceedings, that to date, nearly all of the communications and correspondences received from Mr. Topham continue to include multiple forms of vituperative racist expression, and not just directed towards Jews, Israelis or the complainants in this action, either.

We must protest Mr. Topham's disgraceful insults, taunts and verbal abuse targeting both Ms. Lafontant and Mr. Poulin for the fact that English is not their first language.

Meanwhile, and as per usual, Mr. Topham's response contains more antisemitic slurs and canards.

Mr. Topham writes:

(Page 8)
...B’nai Brith Canada, an offshoot of B’nai Brith International which itself is a further offshoot of Rothschild-funded Illuminati/Freemasonry secret societies, is one of Zionism’s principle organizations in Canada being used to foster this lie and use it for their own highly suspect purposes, none of which are of benefit to an open and free and democratic nation such as Canada purports to be. ....”

(Page 9)
... Harry Abrams and his co-complainant Anita Bromberg represent a foreign Zionist-Jew lobby group whose primary purpose is surveillance of Canada’s media in order to stifle and censor any and all negative criticism of Israeli foreign and domestic policies, thus permitting the ongoing program of Zionist infiltration of Canada’s democratic government institutions including its judiciary and lending an apparent illusion of tacit support to federal government efforts to support the racist state of Israel, the slaughter of innocence in Gaza and the illegal war in Afghanistan.
f) Section 13 is a ... “Zionist-Jew Trojan Horse”, designed to destroy the very foundation upon which Canada’s legal system has functioned in relative, democratic fashion since this nation was first founded....

(Page 11)
...The organization known as B’nai Brith Canada is a false front organization controlled by B’nai Brith International headquartered in the foreign state of Israel which is a proven subversive organization controlled by Zionist Jews and operating under the guise of a fraternal society and an advocacy group. It has proven connections to the International terrorist organization MOSSAD as well as to its American arm of B’nai Brith International known as the Anti-Defamation League (ADL). The ADL is also linked to Crime Syndicates throughout the USA and is a proven Terrorist organization also ran out of Israel for the purpose of slandering and silencing critics of Israeli foreign and domestic policies which are, at their basis, proven to be racist, apartheid and supremacist in nature....”

Mr. Topham's above assertions are wildly, maliciously incorrect and have no basis in reality.

B'nai Brith Canada is its own independent institution for over 100 years. Canada's oldest and largest Jewish service organization is headquartered in Toronto, elects its board of Governors from among Canadian citizens, and does not operate secretly or upon the orders of another government. B'nai Brith Canada is supported by thousands of members, raises its own funds to maintain a foundation; and its laudable community efforts include sports programs, seniors' housing, disaster relief and the printing and circulation of a national newspaper. Advocacy of and for the Jewish Community and international affairs including Israel advocacy are components of what the overall organization is engaged in. As citizen participants in a parliamentary democracy, Canadian Jews are constitutionally and ethically entitled to organize ourselves in this way, just as many other ethnic or religious-based organizations do.

JUDICIAL NOTICE

This evolving complaint is principally concerned with selected articles and items posted to Mr. Topham's radicalpress.com that we feel are extremely likely to incite hatred and contempt against Jews and citizens of Israel.

In order to facilitate and expedite the proceedings and not spend needless hearing time re-arguing hateful themes for which there are already ample precedent, we wish to remind the Tribunal of the Claude Pensa interim decision of May 25, 1998 in Citron V. Zundel


...That the dignity of the complainants and the proceedings should not be diminished by allowing the Respondent to prove or test the truth of inherently offensive comments...”


And we specifically ask that judicial notice be taken of the following:
  1. The Holocaust, that is: the systematic industrial-scale genocide of millions of European Jews during World War two is a historical fact.
  2. The PROTOCOLS OF THE LEARNED ELDERS OF ZION (and other permutations thereof) is both a forgery AND a classic of antisemitic hate literature.
  3. The nation state of Israel is a constitutional, parliamentary democracy. In Israel today, Arab Muslim citizens comprise approximately 20% of the population of Israel. Arabic is one of the three official languages. Israeli Arabs participate fully in Israeli society and are represented in all professions.
  4. The Jewish religion does not sanction or condone sex with babies, under aged children or cadavers .
  5. The Jewish religion does not sanction or condone murder of non-Jews.
  6. Zionism is the international political movement that originally supported the reestablishment of a homeland for the Jewish People in Palestine. 1
  7. Neither Judaism nor Zionism have agendas to diminish, subjugate or despoil other religions or systems of belief.


On a related note, everyone from Connie Fournier (of Free Dominion) to Paul Fromm has been making a big deal of the fact that Harry Abrams used an email pseudonymn when he approached Topham, to request that Topham remove incitement from his website. It's not exactly news, but we suppose they're trying to make it scandalous now that Richard Warman was criticized by the Tribunal for being something of a pseudonymous participant.

Fact is that the very first document that Mr. Abrams filed with the CHRC made plain that he used the pseudonym of "Brian Esker" from day 1.

We’ve a feeling that the reason why Mr. Abrams first contacted Topham using a pseudonym was to have just a little bit of insulation in the event the case did not go forward. Topham has had this fact in hand for well over a year already, and I suppose thinks that now is the time to try and besmirch Mr. Abrams with it. Considering the fact that nearly everybody uses some kind of pseudonym when surfing or participating in discussions these days as a simple precaution, this strikes as a bit of a red herring. Also, and as our reader can see by Topham's responses to "Brian Esker," he's not simply "crazy"; there's still a functioning cunning and malice aforethought underlying what he does.
The following was filed with the CHRC in July 2007:

Contact with Radicalpress.com Management

Using a Yahoo.com email alias of “Brian Esker,” Harry Abrams contacted radicalpress.com concerning an article posted at: http://www.radicalpress.com/?p=380#more-380

Arthur Topham
Manager/Owner
RadicalPress.com

February 12, 2007

Dear Mr. Topham,

I am writing to notify you of unacceptably racist material posted on your website at
radicalpress.com

One such article is titled:
Trapping Wiesel's and Other Rodents, posted at http://www.radicalpress.com/?p=380#more-380

Here is an excerpt:

"...Jewish supremacists are poisoning, subverting, perverting, and murdering people of all races. The world is enslaved by their control and their ideologies , with the aid of treasonous gentiles...."

I am quite sure that maligning Jews in this fashion offends section 13 of the Canadian Human Rights Code, which may be seen here:
http://laws.justice.gc.ca/en/ShowFullDoc/cs/H-6///en
Hate messages

13. (1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.

Interpretation

(2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.

Could you kindly delete this at your nearest convenience, and advise me when this has been effected so that I can point out more articles of a similar nature also for removal.

Failure to do so may result in legal action being taken against you.

Thank you for your attention,

Brian Esker


From Radical Account Wed Feb 14 08:08:09 2007
From: "Radical Account"
To: "brian esker"
Subject: Re: Discriminatory material on Radicalpress.com
Date: Wed, 14 Feb 2007 09:08:09 -0700
Valentine's Day
Feb. 14, 2007


Dear Brian Esker.

Thank you for your message regarding content on my website which you feel is "racist".

I normally get lots of crank, spam-like emails from various "yahoo" users and so it would be most appropriate if you would reply to this message and introduce and identify yourself before proceeding further.

Your cooperation would be appreciated. I await a reply at your earliest convenience.
Regards,

Arthur Topham
Pub/Ed
The Radical Press


Date: Wed, 14 Feb 2007 09:35:06 -0800 (PST)
From: "brian esker"
Subject: Re: Discriminatory material on Radicalpress.com
To: "Radical Account"
Feb. 14, 2007

Dear Mr. Topham,

Thank you for confirming the fact that you own and manage the website at radicalpress.com.
I have no interest in engaging with you in debate at this time, but am obligated before initiating legal action, to point out to you for the purpose of removal, material on your website which, in my opinion offends Canadian law.

Please consider this an opportunity to consider both the laws and remedies we have concerning hate propaganda in Canada, and how they might potentially be applied to you and your radicalpress.com

Whether you choose to do so, is, of course, entirely up to you.

The Canadian Human Rights Tribunal website posts a number of "Section 13" case histories.
Here are links to a few recent ones:


Sincerely Yours,

Brian Esker

From: "Radical Account"
To: "brian esker"
Subject: Re: Discriminatory material on Radicalpress.com
Date: Thu, 15 Feb 2007 09:18:36 -0700
February, 15, 2007

Dear Brian Esker.

Thank you for your quick response. Rest assured that I also have no desire to engage in "debate" with an anonymous personage who is suddenly instructing me in how to think and behave.

In your initial email you suggested that there were other articles which you feel "offend" Canadian law. Perhaps it would be best if you just compiled a list of the ones that you are concerned with and sent it to me. I will then give considerating to whether or not your request is valid and also whether or not I am interested in complying with your demands.

As for your identity I will merely assume that you are an agent, in one form or another, of either the Bnai Brith, the ADL or CJC or some other affiliated lobby group.
Regards,

Arthur Topham
Pub/Ed
Radical Press


Subsequent Contact with Radicalpress.com Management
As of this writing, Abrams/Brian Esker have had no subsequent contact with Radicalpress.com, and the article complained of is still available at Radicalpress.com.

Our conclusions and concerns are that:

- Management of Radicalpress.com does not appear to respect either the letter or intent of Canadian Human Rights legislation concerning hate messaging
- The manager is dis-inclined to remove or edit allegedly anti-Semitic postings following a specified complaint

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