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Shock Victory in Canada: "Hate Speech" Law ruled unconstitutional by CHR Tribunal.


CofCC.org News Team

CofCC National Board Member helps defeat censorship in Canada!

Photo Right: CofCC National Board Member from Canada Paul Fromm, Barbara Kulaszka, defendant and Freedomsite.org owner Marc Lemire, and free speech activist Bernard Klatt.

The Canadian Human Rights Tribunal, which for the past several years has been issuing large fines for “racist” internet postings, has suddenly declared the law a violation of Canada’s Human Rights Charter.

From Canadian National Post…

The decision released this morning by Tribunal chair Athanasios Hadjis appears to strip the Canadian Human Rights Commission of its controversial legal mandate to pursue hate on the Internet, which it has strenuously defended against complaints of censorship.

It also marks the first major failure of Section 13(1) of the Canadian Human Rights Act, an anti-hate law that was conceived in the 1960s to target racist telephone hotlines, then expanded in 2001 to the include the entire Internet, and for the last decade used almost exclusively by one complainant, activist Ottawa lawyer Richard Warman.

Today’s shocking decision is a victory over Mr. Warman by Marc Lemire, webmaster of freedomsite.org and a prominent figure in the Canadian far right, who was supported in his constitutional challenge of Section 13 by the legal team defended Holocaust denier Ernst Zundel.

Mr. Warman alleged that postings on Mr. Lemire’s website, written by others, contravened Section 13 in that they were “likely to expose” identifiable groups to “hatred or contempt.”

Mr. Lemire responded by challenging the law itself, which was last upheld by the Supreme Court of Canada in a 1990 split decision, before the Internet age.