Topham is not properly a CHRA s13 respondent in the latest attempt to use lawfare to silence him. He is being persecuted under the Criminal Code this time and the CC is being abused and misused in much the same way that the CHRA was abused and misused by unethical people with an agenda and no ethics.shiva wrote:I agree, it's not over. What they give with one hand they take with the other but still something. We still have all of those opposition MP's who voted against this and that unfortunately is the status quo thinking on these matters in all of our institutions so yes, far from over.Connie Fournier wrote:Shiva, you played a MAJOR part in all of this. Take a bow.
In other news, however, Section 13 Respondent Arthur Topham has been 'disappeared', and his personal possessions, including his computer, have been confiscated and, if history is any indication, copies of his hard drive have been passed around. WestViking is right. This is far from over.
When we first became aware of efforts to silence people under the CHRA s13 we were astonished at how many victims existed. Until FD members started investigating how many people besides the Fourniers had been hauled before a CHR star chamber Tribunal and silenced, we were ignorant of the extent of treachery.
Charges under the Criminal Code s 318 & 319 are relatively rare and this time we will be watching closely with particular attention to due process by the criminal courts. I suspect that many criminal court judges will not be happy with the scrutiny or publicity that will follow their deliberations. As an example, note the SCC decision in url=http://www.canlii.org/eliisa/highlight.do?text=Criminal+Code+s+319&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/scc/doc/2005/2005scc7/2005scc7.html]R. v. Krymowski. [/url]
Case law for application of the CC provisions on Hate Crimes is starting to build up. Criminal Court decisions are subject to appeal which is far different from decisions under the CHRA. For one thing, people without means prosecuted under the criminal code are eligible for legal aid, stopping self-proclaimed anti-racists from cherry-picking victims unable to afford legal representation.
We were caught napping when the CHRC issued a demand to the Fourniers. We will not be caught napping again as we value our freedoms and will not accept government censorship or government snooping masquerading as protection for society. The abysmal record of our criminal justice system screams out against increasing the powers of our police forces and criminal courts.