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Summary of Past Tribunal Decisions on Section 13 cases |
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Updated: November 1, 2007 |
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Total Tribunal Hearing |
Date |
CHRT File # |
Respondent |
Complainants |
Grounds of complaint |
Final decision |
Order against respondent |
C&D and Fine amount? |
Race of Respondent |
Financial Status of Respondent |
Represented by Lawyer |
Age of Respondent |
Website involved? |
Website status? |
Notes |
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1 |
20-Jul-79 |
T001/0179 |
John Ross Taylor |
CANADIAN HOLOCAUST REMEMBRANCE ASSOCIATION,
DAVID S. SMITH,
TORONTO ZIONIST COUNCIL,
and AJALON LODGE |
race and religion |
Complaint upheld |
“We therefore order the Respondents to cease their discriminatory
practice of using the telephone to communicate repeatedly the subject
matter which has formed the contents of the tape-recorded messages
referred to in the complaints.” Quoted from Ruling |
Cease and Decist Order issued |
White |
poor |
No – Represented himself |
70s |
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Eccentric person.
-JRT Continued his messages after CHRT decision and went to jail for 9
months |
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20-Jul-79 |
T001/0179 |
Western Guard |
same as JRT |
race and religion |
Complaint upheld |
Same as JRT |
Cease and Decist Order issued |
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poor |
No – JRT Represented Western Guard |
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2 |
25-Jul-89 |
T149/0788 |
TERRY LONG |
Mr. Robert Nealy of Edmonton, Alberta, Mr. Carmen Wallace of Blackfalds,
Alberta, Ms. Deborah
Glaser and Mr. Kenneth Wasserman of Edmonton, Alberta and Mr. David
Goldberg of Toronto. Ms. Glaser, Mr.
Wasserman and Mr. Goldberg are employees or members of B’Nai Brith,
Canada. |
race, colour, national or ethnic origin and religion. Specifically:
Jews, Vietnamese, Tamils, Sikhs |
Complaint upheld |
“We order the respondents Terry Long, Randy Johnston and the Church of
Jesus Christ Christian- Aryan Nations, to cease the discriminatory
practice of communicating telephonically or causing to be so
communicated, repeatedly, matter of the type complained of in this case,
i. e. which is likely to expose a person or persons to hatred or
contempt by reason that that person or those persons are identifiable on
the basis of race, national or ethnic origin, colour or religion and, in
the event that the messages of this type are not currently being
communicated, to refrain from such action in the future.”
Quoted from Ruling |
Cease and Decist Order issued |
White |
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No - None of these respondents chose to appear at the hearing |
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25-Jul-89 |
T149/0788 |
RANDY JOHNSTON |
Same as Terry Long |
Same as Terry Long |
Complaint upheld |
Same as Terry Long |
Cease and Decist Order issued |
White |
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No - Did not appear |
20's |
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25-Jul-89 |
T149/0788 |
CHURCH OF JESUS CHRIST CHRISTIAN- ARYAN NATIONS |
Same as Terry Long |
Same as Terry Long |
Complaint upheld |
Same as Terry Long |
Cease and Decist Order issued |
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No - Did not appear |
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3 |
16-Dec-92 |
T295/0992 |
WILLIAM (BILL) JAMES HARCUS |
LEAGUE FOR HUMAN RIGHTS
B'NAI BRITH CANADA (MIDWEST REGION)
MANITOBA COALITION AGAINST RACISM AND APARTHEID, INC. (Helmut-Harry
Loewen, Chairperson,)
WADE TUDOR WILLIAMS
MANITOBA INTERCULTURAL COUNCIL |
race, colour, national or ethnic origin and religion, |
Complaint upheld |
“This Tribunal orders the respondent William (Bill) James Harcus and the
respondent The Manitoba Knights of the Ku Klux Klan and any other
individuals who are members of or act in the name of the Knights of the
Ku Klux Klan, to cease the discriminatory practice of communicating
telephonically or causing to be communicated telephonically by means of
the facilities of a telecommunication undertaking within the legislative
authority of Parliament, matters of the type complained of in this case,
i.e. which is likely to expose a person or persons to hatred or contempt
by reason that that person or those persons are identifiable on the
basis of race, national or ethnic origin, colour, religion or sexual
orientation and, to refrain from any such action in the future,
anywhere within Canada.” |
Cease and Decist Order issued |
White |
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No - Did not appear |
30s |
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16-Dec-92 |
T294/0892 |
MANITOBA KNIGHTS OF THE KU KLUX KLAN |
Same as Harcus |
Same as Harcus |
Complaint upheld |
Same as Harcus |
Cease and Decist Order issued |
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No - Did not appear |
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4 |
25-Jan-93 |
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Wolfgang Droege |
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March 94 Agreement reached with Human Rights Commission on original
complaint in which Wolfgang Droege and the Heritage Front agreed to
abide by Canadian Human Rights Code. . |
exact order unknown, From HF Report:
Oct. 93. Nevertheless,
the courts ruled that the hotline should not address issues of any
consequence until the Human Rights Tribunal has reached a judgment.
Nov. 93 New
charges brought by Human Rights Commission for violating spirit of
October ruling in Federal Court by undermining their decision in opening
second hotline. May 95
- New contempt of court charge by Human Right commission at the behest
of the Canadian Jewish Congress, alleging hotline message promotes
hatred against identifiable groups. The message had criticised the CJC
in it’s efforts to track down so-called war criminals
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[1994] 1 F.C. 203,
injunction from the Federal Court to prevent the spread of telephonic
hate messages [1994] 3 F.C. 710,
found guilty of contempt HF was fined $5,000 and the
individual respondents were sentenced to terms of imprisonment ranging
from one to three months. |
White |
poor |
No - Ken Ernst and Grant Bristow made up defence team |
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Messages in Aug. and Dec. 91
lead to complaints filed with Canadian Human Rights
Commission.
Complaints was acted upon in Spring ‘92.
A Human Rights Tribunal was requested.
Prior to establishment of tribunal, injunctions were invoked to ensure
messages conform to Human Rights Code. 25 Jan
1993 First date before the Human Rights
Tribunal, rioting by opponents in Nathan Phillips Square. |
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25-Jan-93 |
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Heritage Front |
same as Wolfgang Droege |
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same as Wolfgang Droege |
consent order and agreed to cease and desist from transmitting the
messages |
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No CHRT hearings |
19-Aug-93 |
T-42069 and T-42071 and T-42073 |
Knights of the Ku Klux Klan and/or National Knights Network of the KKK |
Canadian Jewish Congress (Signed by Bernie Farber) AND Kyle Rae AND
Urban Alliance of Race Relations |
Religion (Jewish) [CJC] and Sex (Sexual Orientation) [Kyle Rae] and
National or Ethnic Origin and colour [Urban Alliance] |
Respondent agreed to Cease and decist |
[That the respondents] Cease from communicating telephonically or
causing to be communicated telephonically by means of the facilities of
a telecommunications 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 race, national or ethnic
origin, colour, religion, or sexual orientation and, to refrain from any
such action in the future, anywhere within Canada. |
Kevin Lew agreed to a cease and decist order |
White |
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No |
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This ruling is not on the CHRT's website. Received under access to
information request from Tribunal on April 18, 2007 |
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19-Aug-93 |
T-42070 and T-42072 and T-42074 |
Kevin Lew |
Canadian Jewish Congress (Signed by Bernie Farber) AND Kyle Rae AND
Urban Alliance of Race Relations |
Religion (Jewish) [CJC] and Sex (Sexual Orientation) [Kyle Rae] and
National or Ethnic Origin and colour [Urban Alliance] |
Respondent agreed to Cease and decist |
same as Knights of the Ku Klux Klan and/or National Knights Network of
the KKK |
Kevin Lew agreed to a cease and decist order |
White |
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From Ruling: WHEREAS the respondent, Kevin lew has
admitted a violation of section 13.(1) of the Canadian Human Rights Act,
in that he was the founder of the national Knights Network of the Ku
Klux Klan, and he operated the message line which is the subject of the
complaints, and whereas kevin Lew has agreed to cease and desist from
operating the message line in the future |
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5 |
9-Sep-93 |
T292/0692 |
CANADIAN LIBERTY NET |
AZIZ KHAKI (President of the Committee for Racial Justice), MICHAEL
ELTERMAN (Chairman of the Canadian Jewish Congress, Pacific Region.) |
Derek J. Peterson and the Canadian Liberty Net discriminates against
Jewish and non-white person on the grounds of national or ethnic origin,
race, colour and religion, |
Complaint upheld |
“Accordingly, we order that Derek J. Peterson, the Canadian Liberty Net,
by themselves or by their servants, agents, volunteers, co-operants, or
otherwise anyone having knowledge of this order, cease the
discriminatory practice of communicating telephonically or causing them
to be so communicated, repeatedly, matter or messages of the type
complained of in this case, which is likely to expose a person or
persons to hatred or contempt by reason that that person or those
persons are identifiable on the basis of race, national or ethnic
origin, colour or religion, and in the event that the matter or messages
of this type are not currently being communicated, to refrain from such
action in the future.” |
Cease and Decist Order issued |
White |
poor |
Yes – Doug Christie, but withdrew a few days before the end of the
hearing |
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Third complainant in case was - CHARAN GILL - but he never bothered to
show up. From ruling: "In light of the fact that
Mr. Gill did not appear personally or by counsel and failed to give any
evidence in support of his complaint, his complaint is hereby dismissed."
The respondents were found guilty of contempt of court for disobeying an
injunction: [1992] 3 F.C. 504.
The individual respondent was sentenced to two months' imprisonment and
a $2,500 fine. The organization, Canadian Liberty Net, was fined $5,000.
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9-Sep-93 |
T291/0592 |
DEREK J. PETERSON |
Same as Canadian Liberty Net (T292/0692) |
visible minorities on the grounds of
colour and national or ethnic origin, |
Complaint upheld |
Same as Canadian Liberty Net, although it was revealed during the
hearing that Derek J. Peterson does not exist and was a fake name |
Cease and Decist Order issued |
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No - Did not appear |
20s (Tony Mcleer) |
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6 |
27-Jan-94 |
T360/0793 |
Canadian Liberty Net |
JOHN PAYZANT |
"discriminated against me and gays and lesbians on the ground of sexual
orientation by repeatedly communicating, or causing to be communicated,
telephonic messages which exposed us to hatred and contempt," |
Complaint upheld |
This Tribunal orders the respondent, Tony McAleer and the respondent,
Canadian Liberty Net and any other individuals who are members of, or
act in the name of, or in concert with Tony McAleer or Canadian Liberty
Net, to cease the discriminatory practice of communicating
telephonically or causing to be communicated telephonically by means of
the facilities of a telecommunication undertaking within the
legislative authority of Parliament, matters of the type complained of
in this case, i.e. which is likely to expose a person or persons to
hatred or contempt by reason that that person or those persons are
identifiable on the basis of a prohibited ground of discrimination,
including sexual orientation, and in particular on the basis of their
homosexuality and, to refrain from any such action in the future,
anywhere within Canada. |
Cease and Decist Order issued |
White |
poor |
No |
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27-Jan-94 |
T361/0893 |
TONY MCALEER |
JOHN PAYZANT |
Same as CLN T360/0793 |
Complaint upheld |
Same as Canadian Liberty Net. |
cease and Decist Order issued |
White |
poor |
Yes – Doug Christie |
20's |
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27-Jan-94 |
T362/0993 |
HARRY VACCARO |
JOHN PAYZANT |
Same as CLN T360/0793 |
Complaint upheld |
Same as Canadian Liberty Net. |
Cease and Decist Order issued |
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No - Did not appear |
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7 |
1-Apr-96 |
T434/1595 |
Church of Christ in Israel |
CHILLIWACK ANTI-RACISM PROJECT SOCIETY |
We, the Chilliwack Anti-racism Project Society, have reasonable grounds
to believe that Pastor Charles Scott [or the Church of Christ in Israel,
as the case may be] discriminates against non-white and Jewish persons
on the grounds of colour, national or ethnic origin, race, and religion |
Complaint upheld |
This Tribunal orders that the respondent Pastor Charles Scott, the
respondent Church of Christ in Israel, and any other individuals or
organizations who are members of or act in the name of or in concert
with Pastor Charles Scott or the Church of Christ in Israel to cease the
discriminatory practise of communicating telephonically or causing to be
communicated telephonically by means of the facilities of a
telecommunications undertaking within the legislative authority of
Parliament, matters of the type of complained of in this case, namely
those set out in Exhibit HR5 at Tabs 1 through 4, which are incorporated
by reference into this order, that is matters which are likely to expose
a person or persons to hatred or contempt by reason that that person or
those persons are identifiable on the basis of a prohibited ground of
discrimination, including colour, race, national or ethnic origin and
religion, and to refrain from any such action in the future, anywhere
within Canada. |
Cease and Decist Order issued |
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poor |
No - Did not appear at hearing |
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Pastor Scott advised Mr. Glynn (Registrar of the Tribunal) that he did
not recognize or accept the role or jurisdiction of the Tribunal in this
matter, and that he would not be participating in any of the Tribunal
proceedings.
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T435/1695 |
Charles Scott |
CHILLIWACK ANTI-RACISM PROJECT SOCIETY |
Same as T434/1595 |
Complaint upheld |
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Cease and Decist Order issued |
White |
poor |
No - Did not appear at hearing |
mid-30s |
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8 |
18-Jan-02
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T460/1596 |
Ernst Zundel |
SABINA CITRON (CHRT Ruling describes "herself as a Jew and survivor of
the Holocaust")
TORONTO MAYOR'S COMMITTEE ON COMMUNITY AND RACE RELATIONS
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"It is alleged that by posting material to the Zundelsite, the
Respondent, Ernst Zündel, caused repeated telephonic communication that
was likely to expose Jews to hatred or contempt." |
Complaint upheld |
We therefore order that the Respondent, Ernst Zündel, and any other
individuals who act in the name of, or in concert with Ernst Zündel
cease the discriminatory practise of communicating telephonically or
causing to be communicated telephonically by means of the facilities of
a telecommunication undertaking within the legislative authority of
Parliament, matters of the type contained in Exhibit HR-2 and found on
the Zundelsite, or any other messages of a substantially similar form or
content that are likely to expose a person or persons to hatred or
contempt by reason of the fact that that person or persons are
identifiable on the basis of a prohibited ground of discrimination,
contrary to s. 13(1) of the Canadian Human Rights Act.
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cease and decist order issued |
White |
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Yes - Douglas H. Christie and Barbara Kulaszka |
mid-50s |
www.zundelsite.org |
Operational |
Nov. 22/96 CHRC refers case to the Tribunal. -Constitutional Challenge
filed with tribunal. Interested Party status granted to: LEAGUE FOR
HUMAN RIGHTS OF B’NAI BRITH CANADA,
CANADIAN HOLOCAUST REMEMBRANCE ASSOCIATION,
SIMON WIESENTHAL CENTRE,
CANADIAN JEWISH CONGRESS, and
CANADIAN ASSOCIATION FOR FREE EXPRESSION INC. |
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9 |
20-Aug-02 |
T594/5200 |
Machiavelli and Associates Emprize Inc. |
MARK SCHNELL (Described by CHRT as "34-year-old gay man who resides in
Vancouver, British Columbia")
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He alleged that Machiavelli discriminated against him based on his
sexual orientation by communicating messages on a website at
www.citizensresearchinst.com ("Website"), which are likely to expose
homosexuals to hatred and contempt |
Complaint upheld |
I order that the respondents John Micka, Machiavelli & Associates
Emprize Inc., Joanne Vestvik and Ken Fast, the latter two whom I have
found to be acting in concert with John Micka and Machiavelli, cease and
desist the discriminatory practice of communicating telephonically or
causing to be so communicated repeatedly, in whole or in part, by means
of the facilities of a telecommunications undertaking within the
legislative authority of Parliament, matters of the type found in the
Offending Pages of Exhibit HR-4 and found on the Website,
www.citizensresearchinst.com, and in particular, those matters or
messages that associate or equate homosexuality and the homosexual
community with pedophilia, bestiality and the sexual predation of
children and associate gay men and lesbian women with having an agenda
to lure and sexually abuse children and having an agenda to legalize
pedophilia. |
cease and Decist Order issued. |
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poor |
No Lawyer - represented himself |
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www.citizensresearchinst.com |
Operational but appears to be a domain squatter on it |
Fines requested by Mark Schnell of $20,000, under 54(1)(b). Tribunal
ruled that he was not mentioned, therefore no special compensation was
awarded. -CAFÉ intervened in case. |
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20-Aug-02 |
T595/5300 |
John Micka |
MARK SCHNELL
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same as T594/5200 |
Complaint upheld |
same as T594/5200 |
same as T594/5200 |
white |
poor |
No Lawyer - represented himself |
late 40s |
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10 |
9-May-03 |
T726_3102 |
FRED KYBURZ
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Richard Warman |
Exposing Jewish people to hatred. Complaint was over Kyburz comments on
Jews on two websites |
Complaint upheld |
Fred Kyburz, and any other individuals who act in concert with Mr.
Kyburz cease the discriminatory practice of communicating telephonically
or causing to be communicated telephonically by means of the facilities
of a telecommunication undertaking within the legislative authority of
Parliament, matters of the type contained in Exhibits HR-1 and HR-2, or
any other messages of a substantially similar content, that are likely
to expose a person or persons to hatred or contempt by reason of the
fact that that person or persons are identifiable on the basis of a
prohibited ground of discrimination, contrary to section 13(1) of the
Canadian Human Rights Act. This order includes the requirement that Mr.
Kyburz cease publicizing the Patriots on Guard web site material now
posted on the Archive.org web site, or referring anyone to the
Archive.org web site; |
Cease and decist Ordered.
$37,500 total fines |
white |
poor |
No - Did not appear |
Early 60s |
www.patriotsonguard.org |
no |
Mr. Kyburz shall pay to Mr. Warman the sum of $15,000 as special
compensation, pursuant to subsection 54(1)(b) of the Act;
Mr. Kyburz shall pay a penalty in the amount of $7,500
section 14.1 violation:
ii) Mr. Kyburz shall pay to Mr. Warman the sum of $15,000 for Mr.
Warman's pain and suffering; |
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23-Sep-05 |
T998/11804 |
Eldon Warman |
Richard Warman |
The present complaint alleges that Eldon Warman contravened section 13
of the Canadian Human Rights Act by posting anti-semitic messages on the
internet. |
Complaint upheld |
I have already issued an order to cease and desist. The Tribunal has
been advised by the Commission that the material has been removed from
the internet. The fundamental purposes of the Act have accordingly been
met. |
cease and desist ordered issued. |
White |
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No - Did not appear |
Early 60's |
www. detaxcanada. org.
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Yes |
The original complaint had been filed on 1 June 2003 and dealt with
hundreds of Warman’s profanity-strewn, antisemitic rantings made to
Google taxation forums. In rendering the initial cease and desist order
last April, the Tribunal urged Google to cooperate in enforcing this
order. (2005 BB Audit)
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12 |
10-Mar-06
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T869/11903 |
Alexan Kulbashian, |
Richard Warman |
communicated messages over the Internet that exposed individuals who
are non-Christian, non-Caucasian, or of "other" national ethnic origins,
to hatred or contempt |
Complaint upheld |
I order Mr. Kulbashian and Mr. Richardson, as well as Affordable
Space.com and the Canadian Ethnic Cleansing Team, to cease and desist
from communicating or causing to be communicated, by the means described
in s. 13 of the Act, namely the Internet, any matter of the type
contained in the Hate Messages that is likely to expose a person or
persons to hatred or contempt by reason of the fact that the person or
persons are identifiable on the basis of a prohibited ground of
discrimination. |
cease and desist ordered issued. $5,000 as special compensation
pursuant to s. 54(1)(b) AND penalty in the amount of $1,000 |
White |
From order: I believe that Mr. Kulbashian's
financial means are fairly limited, and that his ability to pay is
accordingly restricted. |
No - Represented himself |
mid 20's |
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10-Mar-06 |
T869/11903 |
James Scott Richardson, |
Richard Warman |
Same as Kulbashian |
Complaint upheld |
Same as Alexan Kulbashian |
cease and desist ordered issued. AND penalty of $1,000 |
White |
From decision: He indicated that he is on a "fixed
income" due to an undisclosed disability |
No - Represented himself |
late 20's |
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10-Mar-06 |
T869/11903 |
Tri-city Skins.com, |
Richard Warman |
Same as Kulbashian |
complaint against the respondent, "Tri-city Skins.com" is not
substantiated.
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I do not find this evidence sufficient to establish a link between Mr.
Kulbashian and the Tri-City Skins group, other than as a simple member
like Mr. Richardson, at most. In these circumstances, I do not think
that notification of mere members of a group can be construed as
official notice to the group. Thus, while Mr. Richardson's and Mr.
Kulbashian's presence at the pre-hearing case management conferences and
at the hearings themselves makes it clear that they acquired sufficient
notice of the proceedings against them personally, I cannot subsume this
knowledge with that of the Tri-City Skins.
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Tri-cityskins.com |
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10-Mar-06 |
T869/11903 |
Canadian Ethnic Cleansing Team, |
Richard Warman |
Same as Kulbashian |
Complaint upheld |
Same as Alexan Kulbashian |
cease and desist ordered issued. AND penalty of $3,000 |
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No - Represented himself |
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wpcect.com vinlandvoice.com |
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10-Mar-06 |
T869/11903 |
Affordable Space.com |
Richard Warman |
Same as Kulbashian |
Complaint upheld |
Same as Alexan Kulbashian |
cease and desist ordered issued. AND penalty of $3,000 |
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No - Represented himself |
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Affordable Space.com. |
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13 |
13-Apr-06 |
T1021/0205 |
Tomasz Winnicki
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Richard Warman
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Winnicki's postings "was likely to expose people of the Jewish faith to
hatred or contempt" |
Complaint upheld |
I find that the messages in the Northern Alliance Guestbook, the
Winnicki website and the VNN website and forum are likely to expose
people of the Jewish faith, Black race and other non-Caucasian races,
and persons of African origin to hatred and contempt. |
Ceast and desist ordered AND penalty in the amount of $6,000 AND $500
for pain and suffering AND $5,000 special compensation, pursuant to s.
53(3) of the Act. |
White |
poor |
Yes - had a lawyer - Chi Cun Shi |
late 20's |
Northern Alliance Guestbook, Vanguard News Network and Winnicki's
Website on Bell |
Yes - VNN and YES - Northern Alliance |
Later charged with contempt of court and sentenced to 9 months. |
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14 |
15-Aug-06 |
T1072/5305 |
Craig Harrison
|
Richard Warman |
"... would likely expose Italians, Mexicans, Puerto Ricans, Haitians,
francophones, blacks, First Nations persons, East Asians, non-whites and
Jews to hatred and contempt ..." |
Complaint upheld |
Having found that Craig Harrison did communicate, repeatedly, by means
of the facilities of a telecommunication undertaking within the
legislative authority of Parliament, matters that are likely to expose
people or members of these groups to hatred or contempt by reason of the
fact that they are identifiable on the basis of a prohibited ground of
discrimination, I conclude that Mr. Warman's section 13 complaint is
substantiated.
|
Cease and desist order issued. And penalty in the amount of $1,000 |
White |
poor |
No. His Common law wife showed up for the morning and they stormed out
by lunch |
30's |
Freedomsite message Board and www.ypenterprise.net, |
No to FS Message Board. YP Enterprises is down also, with it's domain
going to a domain squatters |
From Ruling: [3] Mr. Harrison attended the opening
of the hearing on June 12, 2006. He had requested that he be represented
by his common law wife, Ms. Susen Holmes. Less than ninety minutes into
the hearing and during Mr. Warman's testimony, Mr. Harrison started
yelling at the witness forcing the Tribunal to order an adjournment. Mr.
Harrison then stormed out of the hearing room while still yelling
obscenities at Mr. Warman. |
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15 |
22-Nov-06 |
T1071/5205 |
Peter Kouba
|
Richard Warman |
"exposed First Nations people, East Asians, Pakistanis, Roma (also known
as Gypsies) and other non-white people, as well as gays and lesbians and
people of the Muslim, Hindu and Jewish faiths to hatred or contempt" |
Complaint upheld |
"The Canadian Human Rights Commission adduced credible evidence that
supported its allegation that the Respondent, using the pseudonyms
"proud18" and "WhiteEuroCanadian", communicated the hate messages over
the Internet. The Respondent failed to provide an evidentiary defense to
the case made out by the Commission. For the reasons stated above
therefore, I find that the evidence in this case was sufficient to
establish, on a balance of probabilities, that the Respondent, Peter
Kouba communicated the hate messages in this case." |
Cease and desist order issued and penalty in the amount of $7,500 |
White |
poor |
No - Kouba showed up for one of the days himself. Rest of the time he
did not attend. |
50's |
www.stormfront.org (stormfront.org) and www.westerncanadaforus.com |
Stormfront is still active, and Western Canada For Us, is a registered
domain, but no website |
[14] The Respondent did not attend the first day of the hearing. [15] On
the second day of the hearing, the Respondent appeared. He was not
represented by counsel or an agent. The Respondent cross-examined the
Complainant and made submissions in closing argument. He chose however,
not to testify or to call any evidence on his own behalf.
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16 |
1-Dec-06 |
T1088/6905 |
Glenn Bahr |
Richard Warman |
"...expose Jews, First Nation Canadians, gays, lesbians, bisexuals,
blacks, other non-whites and the mentally disabled to hatred and/or
contempt... " |
Complaint upheld |
[96] Accordingly, I order the respondents, Glenn Bahr and Western Canada
For Us, to cease and desist from communicating or causing to be
communicated, by the means described in s. 13 of the CHRA, namely the
Internet, any material of the type found in this decision to be likely
to expose a person or persons to hatred or contempt by reason of the
fact that the person or persons are identifiable on the basis of a
prohibited ground of discrimination.
|
Cease and desist order issued and penalty in the amount of $5,000.00 |
White |
poor |
No - Paul Fromm represented Mr. Bahr at hearing |
late 20's |
wcfu.com and stormfront.org and WCFU website discussion forum |
|
House raided by police. Edmonton Police threatened to take away his
girlfriends child. Later charged under Sec. 319. Evidence seized by
police later used against Bahr at tribunal hearing |
|
|
1-Dec-06 |
T1087/6805 |
Western Canada for Us |
Richard Warman |
Same as Bahr - T1088/6905 |
Complaint upheld |
Same as Bahr - T1088/6905 |
Cease and desist order issued and penalty in the amount of $5,000.00 |
|
|
No - Paul Fromm represented Mr. Bahr at hearing |
|
www.wcfu.com |
|
|
|
17 |
2-Feb-07 |
T1104/8505 |
Terry Tremaine |
Richard Warman |
Blacks, Asians, Aboriginal, other non-whites and Jews |
Complaint upheld |
[142] The Tribunal therefore concludes that these messages are likely to
expose a person or persons to hatred or contempt by reason that that
person or those persons are identifiable on the basis of race, national
or ethnic origin, colour or religion under section 13(1) of the Act and
that a discriminatory practice has been established.
|
Cease and Desist order issued. And penalty in the amount of $4,000 |
White |
very poor. Tremaine testified that he did not own a
car or a house. He has lost his job and earns $600 a month. |
No - Paul Fromm represented Mr. Tremaine at hearing |
57 |
Stormfront White Nationalist Resouce centre (stormfront.org) |
Operational |
CHRC tried to ban Paul Fromm from acting as an agent The Tribunal ruled
against them. Also: [160] The Tribunal therefore
concludes that the Complainant's claim to compensation under paragraph
54(1)(b) is unfounded.
|
|
No CHRT hearings |
|
|
Alex Di Civita |
Richard Warman |
|
Mediated |
With the assistance of Tribunal member Karen Jensen acting as mediator,
and Monette Maillet, a lawyer for the CHRC, the parties were successful
in crafting an agreement. The terms of the agreement include Mr. Di
Civita willingly writing an open letter of apology to the Christian,
Jewish, and black communities, and agreeing to perform substantial
volunteer service in order to make amends for the harm caused to the
community as a whole. (2005 BB Audit) |
|
White |
poor |
|
20's |
|
|
In August of 2003, a federal human rights complaint was filed against
Mr. Di Civita and others involved in the group, alleging that material
the group had put onto the Internet was likely to promote hatred or
contempt against Christians and Jews, as well as blacks and other
non-whites, contrary to s. 13 of the Canadian Human Rights Act. ... by
the time the matter was finally referred to the CHRT for hearing in
August of 2005, Di Civita indicated that he had long since left the
group and repudiated its beliefs. (2005 Audit) |
|
No CHRT hearings |
|
|
Liz Lampman |
Richard Warman |
|
Mediated |
|
|
White |
poor |
|
20's |
|
|
A copy of an apology letter she wrote the CHRC showed up on the ARA's
OPP website, causing her great trouble |
|
No CHRT hearings |
|
|
Lubomyr Prytulak |
Canadian Jewish Congress |
alleging that content on Prytulak’s ‘Ukrainian Archive’ website (www.ukar.org)
was likely to expose Jews to hatred or contempt. |
Respondent agreed to stop posting material and take down website |
Respondent agreed to abide by the Canadian Human Rights Act and not
repost similar material |
|
White (Urkrainian) |
|
|
50's |
www.ukar.org |
operational |
According to the webpage as of Feb 16/07: This
website has been seized by a combined effort of the "Friends of WHARRRF"(**)
and the friends and colleagues of Steven Rambam. |
|
18 |
10-Jul-07 |
T1095/7605 |
Bobby Wilkinson |
Richard Warman |
likely expose the mentally disabled, Jews, Hispanics, blacks,
homosexuals, Roma, Pakistanis, Arabs, Chinese, and Japanese to hatred or
contempt contrary to s. 13 of the Canadian Human Rights Act. |
Complaint upheld |
[67] Accordingly, I order Mr. Wilkinson to cease and desist from
communicating or causing to be communicated, by the means described in
s. 13 of the Act, and particularly the Internet, any matter of the type
contained in the messages at issue in this case that is likely to expose
a person or persons to hatred or contempt by reason of the fact that the
person or persons are identifiable on the basis of a prohibited ground
of discrimination.
|
Cease and Decist order issued. $4,000 fine awarded |
White |
Unknown, but see notes |
No - Did not appear |
|
It alleged that Wilkinson was the operator of a freeboard located at
http://pub68.ezboard.com/bcanadiannaziparty |
no |
71] I have no direct evidence before me of Mr. Wilkinson's ability to
pay a penalty, although from the fact that he was residing in the
basement of his grandfather's home until some time between 2004 and
2006, it may be inferred that he is a relatively young person of modest
means. |
|
|
10-Jul-07 |
T1095/7605 |
“Canadian Nazi Party” |
Richard Warman |
Same as Wilkinson |
Complaint not upheld |
[63] ... I am not persuaded that the "Canadian Nazi Party" ever existed
in any form nor that it was anything more than Mr. Wilkinson's alter
ego. The evidence does not establish that anyone other than Mr.
Wilkinson acting alone administered the website.
[64] The complaint against the Canadian Nazi Party has therefore not
been substantiated and is dismissed. |
|
|
|
|
|
|
|
|
|
19 |
26-Oct-07 |
T1106/8705 |
Jessica Beaumont |
Richard Warman |
allege that both individuals posted material to the Stormfront website
that was likely to promote hatred and contempt of individuals on the
basis of race, religion, sexual orientation, and disability. |
Complaint upheld |
[80] I therefore see no reason to deny the order. Ms. Beaumont is
ordered to cease and desist from communicating or causing to be
communicated, by the means described in s. 13 of the Act, and
particularly the Internet, any matter of the type contained in the
messages at issue in this case that is likely to expose a person or
persons to hatred or contempt by reason of the fact that the person or
persons are identifiable on the basis of a prohibited ground of
discrimination.
|
Cease and decist order issued and $1,500 fine. ALSO $3,000 in special
compensation, pursuant to s. 54(1)(b) |
White |
poor |
No - Paul Fromm is acting as agent |
21 |
Stormfront White Nationalist Resource Center (www.stormfront.org) |
operational |
|
