Warman to be Subpoenaed in Terry Tremaine Case

[fourhorses]

VICTORIA.
June 28, 2012.


Douglas Christie, lawyer for Canadian political prisoner Terry Tremaine, told a meeting of the Canadian Association for Free Expression (CAFE) that Richard Warman will be subpoenaed as a witness in the "hate" trial of the former university lecturer. Warman is the instigator of a slew of complaints that have targeted Mr. Tremaine in what many observers see as a political vendetta.


Warman who styles himself an "Ottawa human rights lawyer" but who works for the Department of National Defence, filed a human rights complaint under Sec. 13 (Internet censorship) against Mr. Tremaine for his postings on Stormfront in 2005. That April, more than a year before the tribunal heard the complaint, Warman wrote to Mr. Tremaine's employer at the University of Saskatchewan threatening to go to the police and the press. The university panicked and Mr. Tremaine lost his job. He was then impoverished and unable to afford a lawyer for the Canadian Human Rights Tribunal that was to be held in August, 2006.


At the tribunal, Warman complained again along with Canadian Human Rights Commission prosecutors to try to deny Mr.Tremaine any representation. In a motion that eventually failed, they argued that CAFE Director Paul Fromm should not be allowed to act as Mr. Tremaine's representative because Mr. Fromm had shown "contempt" for the human rights tribunals and for the Canadian justice system.


Despite what he had told the University of Saskatchewan, Warman subsequently made a Sec. 319 ("hate law") complaint to the Regina Police which led to the Criminal Code chargers he currently faces.


Warman has also made at least three complaints which finally resulted in contempt of court charges against Mr. Tremaine for some postings he made on the Internet after he was found guilty in February, 2007 under Sec. 13 and had been slapped with a "cease and desist order." For about a year Mr. Tremaine continue to post on his website -- http://nspcanada.nfshost.com-- before he was totally gagged by bail conditions which originally forbade him from owning a computer or accessing the Internet in any way.


The order of the Canadian Human Rights Tribunal was eventually registered in Federal Court, The contempt proceedings have been complex. Mr. Tremaine was acquitted by Federal Judge Sean Henning. The Federal Court of Appeals by a 2 to 1 decision overturned the acquittal and the Supreme Court denied Mr. Christie's application for leave to appeal. Thus, Mr. Tremaine will be sentenced in Vancouver this October for alleged "contempt" of an order under a law the House of Commons has now repealed. Mr. Warman has continued to agitate in his submissions for a prison term for his victim.


On June 4, at a motions hearing in Regina before the Court of Queen's Bench, Douglas Christie argued for Mr.
Warman's presence as a witness. Crown Attorney Mitch Miller said that Warman was not "part of the Crown's narrative." Mr. Christie did want to call Mr. Warman himself as court rules would not allow him to vigorously cross-examine him. Judge Frederick Kovach indicated that Warman could be called as a witness by the Court in the interests of justice.


At a hearing on a pile of motions, most of which have not yet been decided, including one calling for the dismissal of the charges owing to undue and outrageous delay -- now over four years -- in Regina, June 27, Mr. Justice Kovach ruled that Warman would be subpoenaed as a witness. The Crown undertook to do so.


The trial, scheduled for June 4, is now so bogged down in motions that it is now not likely to proceed until 2013.


However, the prospect of Mr. Warman who filedmore than two dozen complaints to silence people he disapproved of under the now repealed and discredited Sec. 13, facing Douglas Christie, renowned for his talents in cross-examination, promises high drama and a historic confrontation and fireworks in the battle to wrestle Internet free speech from the controls of the elitists who would silence popular dissent and discussion.




Paul Fromm
CAFE

[Narrow Back]

Having witnessed both Mr. Christie and Mr. Warman ply their trades in court, I would not want to be Mr. Warman right about now. I feel like I am watching a nasty car accident unfold before my eyes. I can't look away!

This is what Karma looks like Dick and it wears a cowboy hat.

I just wish this could be videotaped, or better yet, televised live! Go git em Doug!

[Charles J. White]

Communications Security Establishment (CSE)…

[fourhorses]

Communications Security Establishment (CSE)…

????

[styky]

White supremacist can seek help online in attempt to prove racist claims: court

http://news.nationalpost.com/2012/07/03 ... ims-court/

[fourhorses]

White supremacist can seek help online in attempt to prove racist claims: court

http://news.nationalpost.com/2012/07/03 ... ims-court/

Mr. Tremaine may only post questions “pertaining to research for the preparation of his defence,” the order reads, and each message must first be vetted by the Crown prosecutor in the case. A notation of the court order must precede all messages and conclude with: “Please address only the question if possible, as I cannot engage in discussions of any other nature.”

His specific questions have not yet been submitted.

The court order further requires Mr. Tremaine to use his real name in the postings without pseudonyms, including “Mathdoktor99,” his former online alias.

So this guy has been legally banned for a few years from even using the internet. Where does this end?

If someone is arrested under a 319 charge and without yet having a trial, can be restricted from communicating for several years while the crown plays stall tactics ...

Can we ban someone from having or using a fax machine
A Blackberry ?
How about an Ipod ?

Take someone's computer away and ban them from using it
What about email?

What if someone has their tax info, household bills all electronic, on-line and info stored on a computer - what do they do? What happens if one has selected on-line paperless billing and banking - but they can't access a computer ? Bills go unpaid, interest charges and penalties accrue ..., essential household services get cut off

[Charles J. White]

Communications Security Establishment (CSE)…

????

Very few people who work in the Armed Forces, are paid to sit and surf the web all day, furthermore, even fewer people who are in the Armed Forces spend all kinds of time in courts (The Armed Forces don‘t like being in the eye of the public nor are they normally involved in government actions), so one must ask: who, what, where, when, why, and how…

The answer would be either CSE or CSIS or most likely a combination of the 2 because of the anonymity that the CSE provides over CSIS when it comes to media scrutiny…

[fourhorses]

Communications Security Establishment (CSE)…

????

Very few people who work in the Armed Forces, are paid to sit and surf the web all day, furthermore, even fewer people who are in the Armed Forces spend all kinds of time in courts (The Armed Forces don‘t like being in the eye of the public nor are they normally involved in government actions), so one must ask: who, what, where, when, why, and how…

The answer would be either CSE or CSIS or most likely a combination of the 2 because of the anonymity that the CSE provides over CSIS when it comes to media scrutiny…

OK,
so speculate

why would CSE or CSIS want to involve themselves from a National Defense in-country position & location, with the hurt feelings industry ?

[Charles J. White]

There was a story in the media recently which I think was discussed on Free Dominion about “White Supremacists” in the Armed Forces. The CSE for those who don’t know what it is, is the Canadian equivalivent of the NSA, a secretive arm of the Forces. However much more powerful then the NSA because we live in a Parliamentary Democracy in Canada and not a Republic like in the United States - the CSE monitors ALL telephone and internet communications along with media news stories that happen in Canada and that information is used by the forces, CSIS, and high level political discussions in the PMO and one would assume the PCO as well. The nature of that subject, and the recent lawsuits that Free Dominion have been involved perhaps are a coincidence but coincidences seldom happen in life - almost everything has a reason when it comes to political meetings and political friendships at least that has been my experience in life.

And I find it odd that only a very minor limited press discussion has happened about private citizens having had their internet accounts hacked from ‘mysterious sources’ in the Ottawa area, and those accounts that have been hacked were done so for nefarious reasons related to posting hate language and white supremacist issues.

And:

If news reports are accurate, we are being told hypothetically speaking that a member or perhaps members of the Armed Forces could hypothetically be busy surfing the internet all day, taking people to court, and shutting down websites all related to ‘White Supremacist’ issues and ’spreading hate’ and doing so in what would historically be perceived as a uncomfortable relationship between the Armed Forces, HRC’s and the courts. Since the Armed Forces does not like its members being in the press it would seem odd that nothing has been reported about any member of the forces being punished, one would assume that it has given its blessing for intelligence gathering reasons and is sharing that information with CSIS and the PMO…There is a reason for recent attempted changes to internet privacy and sometimes the individual suffers while the state smiles...

What we know for certain is that this PMO likes to have weekly meetings with CSE and CSIS individuals, and when did Connie's problems begin?

Who, what, where, when, why, and the most important word - how?

[LAR]

Public Safety Minister Vic Toews has asked the Supreme Court to overturn a ruling by the Federal Court of Appeal that struck down the right of CSIS to always shield the names of its sources.

Read more: http://www.ottawacitizen.com/news/Canad ... z1zdUygf9c

[WestViking]

White supremacist can seek help online in attempt to prove racist claims: court

http://news.nationalpost.com/2012/07/03 ... ims-court/

On 13 October 2004, Richard Warman filed a complaint under section 13 of the Canadian Human Rights Act with the Canadian Human Rights Commission against Terry Tremaine. The complaint has wound its way through hearings and a decision by the Canadian Human Rights Tribunal, the Federal court, the Federal Court of Appeal and was finally declined a hearing by the Supreme Court of Canada 26 October 2011. The current criminal case is not a new platform for Mr. Tremaine.

The Human Rights case is somewhat of an embarrassment to the judicial community as the Tribunal itself has concluded that section 13 of the Human Rights Act is unconstitutional and that a Bill C-304 repealing section 13 of the Human Right Act has passed in the House of Commons and is working its way through the Senate. Very bad law is on its way to the trash where it belongs.

It is difficult to ascertain why, in view of action taken under the Human Rights Act, Terry Tremaine faces a criminal charge for the same allegations made before the Human Rights Tribunal. The inference that Mr. Tremaine should be denied the opportunity to speak in his defence because some people find his commentary and views repulsive is in itself repugnant. If we silence someone accused of a crime and refuse to allow him the best defence he can muster, Canada is no longer a lawful democracy of free citizens.

[Maikeru]

White supremacist can seek help online in attempt to prove racist claims: court
http://news.nationalpost.com/2012/07/03 ... ims-court/

Excerpts:

Facing charges for online hate speech, a Regina neo-Nazi leader has been given a judge’s permission to go back online to white supremacist websites for help in proving that the anti-Semitic and racist comments are true.
... ...
“They are holding Mr. Tremaine accountable for thousands upon thousands of thousands of statements of fact, statements of opinion, statements of mixed fact and opinion,” Doug Christie, Mr. Tremaine’s lawyer, said in an interview.
“Some of them — some of them — not all of them [but] certainly some of the facts are verifiable,” he said.
“Consequently, there are many possible defences,” including truth.
... ...
“I find it troubling,” said Mr. Matas [Sr.Hon.Legal Counsel BBCanada]...

“If you allow the court to become a platform [for hateful views] and you combined it with low penalties, it actually becomes an incentive for propagandists to go to court rather than a disincentive.”

[fourhorses]

White supremacist can seek help online in attempt to prove racist claims: court

http://news.nationalpost.com/2012/07/03 ... ims-court/

On 13 October 2004, Richard Warman filed a complaint under section 13 of the Canadian Human Rights Act with the Canadian Human Rights Commission against Terry Tremaine. The complaint has wound its way through hearings and a decision by the Canadian Human Rights Tribunal, the Federal court, the Federal Court of Appeal and was finally declined a hearing by the Supreme Court of Canada 26 October 2011. The current criminal case is not a new platform for Mr. Tremaine.

The Human Rights case is somewhat of an embarrassment to the judicial community as the Tribunal itself has concluded that section 13 of the Human Rights Act is unconstitutional and that a Bill C-304 repealing section 13 of the Human Right Act has passed in the House of Commons and is working its way through the Senate. Very bad law is on its way to the trash where it belongs.

It is difficult to ascertain why, in view of action taken under the Human Rights Act, Terry Tremaine faces a criminal charge for the same allegations made before the Human Rights Tribunal. The inference that Mr. Tremaine should be denied the opportunity to speak in his defence because some people find his commentary and views repulsive is in itself repugnant. If we silence someone accused of a crime and refuse to allow him the best defence he can muster, Canada is no longer a lawful democracy of free citizens.

Tremaine was put in Maximum Security Prison for violating bail conditions - bail from charges that he posted hate messages on line.


What Tremaine posted was his defense on line
http://freedominion.com.pa/phpBB2/viewt ... p?t=121827

[RedDog]

... the hurt feelings industry...

Absolute classic! That one is going to see re-use.

[WestViking]

... the hurt feelings industry...

Absolute classic! That one is going to see re-use.

and a hat-tip to our friend backhoe for:

...In news from the Moronosphere...