Regina v Radical Press Legal Update #22
September 30th, 2014
Dear Free Speech Advocates and Radical Press Supporters,
It has been close to five months (May 7th, 2014) since I last posted a Legal Update on my Sec. 319(2) “Hate Propaganda” CCC charge that commenced back on May 16th, 2012. This is the greatest span of time since I began writing these records where I haven’t had to report on my case but it was a long overdue and necessary break from the onerous, ongoing reality that we know as the legal process here in Canada. The wheels of justice do indeed move at a snail’s pace.
Back in April of this year I was fortunate to have had B.C. Provincial Court Judge, the Honourable Judge Morgan, decide against agreeing to the Crown’s application to impose stringent bail conditions on me which would, in effect, have prohibited any further publishing on RadicalPress.com or any other internet site until after the completion of the upcoming trial in B.C. Supreme Court.
My case having then shifted from the provincial court to the B.C. Supreme Court I returned to Supreme Court on Monday, April 28th, 2014 in order to fix a date for trial. It was then that Crown asked me whether or not I was once again going to apply for a Rowbotham application which is a process that would have, if successful, enabled me to have the case stayed until the Attorney General’s office provided me with legal counsel.
I advised the court that I was planning on reapplying for said application (having done so prior to the preliminary inquiry when it was first refused by the court) and it was at that point that Crown counsel Jennifer Johnston suggested that I be given until September 29th, 2014 to refile all the necessary paperwork and return on the 29th to set a further date for a hearing on the matter.
Given that I had more than sufficient time to reapply I decided to take some time off from all the legal work and focus on regenerating the family garden which had fallen into neglect over the years due to all the past eight years of legal wranglings with the Canadian Human Rights Commission and now the criminal court of Canada. Apart from our gardens there were numerous other maintenance projects awaiting redress on our 5 acre plot that also require urgent attention.
Nearing the end of June I was beginning to get ahead of the game and began preparing to start the process of applying a second time for a new Rowbotham application. Then, in the beginning of July all hell broke loose in Gaza as the Israeli government once again began beating their war drums and commenced with yet another murderous bombing campaign against the helpless, entrapped Palestinian people slaughtering thousands of innocent people and crippling and maiming thousands more as well as destroying much of Gaza’s infrastructure. It was the worse case of unjustified aggression against the Palestinian people to have ever occurred and as a result all of my thoughts about working on another Rowbotham application came to a screeching halt as I decided that covering this gross act of genocide by the Zionist forces against the people of Gaza was much more important than spending endless hours on preparing documents that I intuitively knew would be rejected a second time.
The mainstream media (msm) being dominated by the Zionists there was nothing else left to counter all of their lies and disinformation but to focus on constant efforts to disseminate the truth about what was really going on with respect to Israel’s illegal, immoral, unjust and depraved slaughter of defenceless children and adults in Gaza. Being a part of the alternative news media it became my first and foremost duty to try and provide internet readers with a more balanced perspective on the war. In the process of doing so the months of July and August were consumed and when a lasting truce was finally signed with Hamas there was little time left to begin again on the Rowbotham application.
I contacted Keith Evans, counsel for the BC Attorney General’s office on August 22nd, 2014 alerting him to the fact that I wished to resume the process but instead I received a reply from a Freya Zaltz, Barrister and Solicitor, Constitutional and Administrative Law Group, Minister of Justice / Legal Services Branch who informed me that, “Given that it is already August 22, it’s highly unlikely that a new Rowbotham application could be resolved by September 29, 2014.”
Given this information I then decided to forego applying for the Rowbotham application and replied to Ms. Zaltz on September 2nd, 2014 informing her:
My dear wife Shastah accompanying me we appeared at the Quesnel courthouse at 10:00 am on Monday, September 29th, 2014. The Supreme Court Justice appeared on video from somewhere and the proceedings were recorded as per normal. Crown Counsel Jennifer Johnston began by notifying the judge that we were there to set a date for trial and then proceeded to name a couple of times when she would be available. Both dates fell in the year 2015. The first suggested date was too early for me given that I am planning a number of pre-trial Charter applications which will most likely require at least four days of court time to address. That proposed date was in the late spring of 2015. The second date (covering a two week time period) was to commence on October 26th, 2015 and run until November 6th, 2015.
After Crown made her dates known to the judge and I had the opportunity to speak I informed the judge that I would prefer the latter period and then explained to him why I felt I couldn’t be prepared in time to meet the early date. I began by stating that the issues surrounding the case were very complex from the standpoint of the Canadian Charter of Rights and Freedoms and at the same time also informed the court that I was in consultation with a lawyer from the lower mainland of the province who would be preparing extensive written legal arguments that they would be unable to complete prior to at least March of 2015. As well, I informed the court that my legal counsel would also not be free to appear in Quesnel until at least May of the same year.
Crown Counsel Johnston appeared pleased with the knowledge that I was in consultation with legal counsel and told the court that she had no problem with setting the trial date for October 26th of 2015. She also told the judge that the 10-day schedule trial could possibly be shortened by the fact were I to have legal representation.
The trial date thus being set Crown then asked the judge to set another date for a pre-trial conference with my counsel. That date was set for March 23rd, 2015.
I was very pleased with the outcome as now I will have the time to prepare all the important documents relevant to the case and also have the time to organize an ongoing legal defense fund in order to cover the costs of procuring legal counsel to represent me during both the pre-trial applications and the trial itself. That was all that took place and with a matter of about fifteen minutes my wife and I left the courtroom.
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The other important notice regarding my case concerns the recent and rather startling news that the Ontario Civil Liberties Association (OCLA) has taken it upon themselves to come out publicly in favour of me as well as challenging Canada’s “Hate Propaganda” laws Sections 319 to 320, calling for their complete and final repeal.
When I first heard of this I was absolutely overwhelmed with a sense of instant relief and thankfulness. After eight long years of battling with the Jewish lobby (B’nai Brith Canada) who were instrumental in laying both the sec. 13(1) “hate crime” complaint against myself and RadicalPress.com back in 2007 plus the current sec. 319(2) CCC “Hate Propaganda” complaint in 2011 that resulted in my arrest and incarceration on May 16th, 2012, the fact that a well-recognized and prestigious mainstream public civil liberties organization such as the OCLA was backing up my right to freedom of expression, petitioning BC’s Attorney General, the Hon. Suzanne Alton to retract her consent to the spurious charges, and tackling the final stronghold of the forces of Orwellian internet “freedom of speech” repression, i.e. Sections 318 to 320 of the Canada’s Criminal Code, was almost beyond belief.
This sudden turn of events has been a game changer and is comparable to having a D-9 Caterpillar appear on the legal/media playing field in my favour to level off what’s been a definite bumpy, one-sided, stacked deck of silence and collusion in favour of the Zionist lobby, their mainstream media cartel and the courts. As such, on behalf of my wife and myself, I wish to publicly express my deepest sense of gratitude to the OCLA for having come to this important and prescient decision; one that is bound to affect all Canadians and, should their campaign prove successful, ensure that the future of Canada’s media, both msm and alternative, will remain free and open and democratic and not subject to political interference from any special interest groups.
I would like at this point to add the latest statement on this matter from OCLA which was sent out by Joseph Hickey, Executive Director, Ontario Civil Liberties Association (OCLA):
Dear OCLA Supporter,
Please take a moment to read and consider signing OCLA’s petition in defence of the civil rights of Arthur Topham, a BC man who is currently being prosecuted under a “Hate Propaganda” section of Canada’s Criminal Code. The petition is online at the following link: http://www.change.org/p/hon-suzanne-anton-attorney-general-of-bc-jag-minister-gov-bc-ca-hon-suzanne-anton-retract-your-consent-for-the-criminal-proceedings-against-mr-arthur-topham?utm_source=guides&utm_medium=email&utm_campaign=petition_created
OCLA has the position that sections 318 to 320 of the Criminal Code should be repealed. These sections allow egregious violations of the civil rights of liberty, just process, and freedom of expression. Under these provisions, a person can be jailed without the Crown being required to prove any actual harm to a single identified individual.
Mr. Topham was arrested in front of his spouse, detained, subjected to a home-invasive seizure, and faces jail time if convicted, for expressing his highly unpopular views.
OCLA’s public statement on this matter is available at: http://ocla.ca/wp-content/uploads/2014/09/OCLA-statement-re-Arthur-Topham.pdf
Please read OCLA’s letter to the BC Attorney General asking her to withdraw her consent for this prosecution, which is available at: http://ocla.ca/wp-content/uploads/2014/09/2014-09-24-Letter-OCLA-to-AG-of-BC.pdf
“I do not agree with what you have to say, but I’ll defend to the death your right to say it.” – Voltaire
In closing I would ask all readers to assist both the OCLA and myself in achieving the highest number of signatures and comments on the OCLA petition to Hon. Suzanne Alton as humanly possible and to pass this information on to as many other people and blogsites and news sites as possible. The OCLA has taken a courageous and valiant step forward in our battle to retain our Charter rights to Freedom of Expression. It may be our last chance to change this draconian legislation using peaceful, lawful means. Please take advantage of this opportunity for the sake of all Canadians both present and of future generations.
My court battle has now moved to an actual trial by judge and jury in the British Columbia Supreme Court. In doing so it places a far greater emphasis on my having to obtain legal counsel and/or advice from legal counsellors, which ultimately requires funding.
The trial will be a major battle in the upcoming legal war to rid Canada of all the Section 318 to 320 “Hate Propaganda” legislation now in the Canadian Criminal Code. The outcome of this trial will, in all likelihood, determine whether or not Canadians will retain their right to publish the truth on the Internet about any and all injustices that may befall our country.
I DO NEED YOUR HELP NOW MORE THAN EVER!!!
Please consider a donation to the Radical Press Free Speech Defence Fund.
My PayPal button is on my website at http://www.RadicalPress.com
If you can’t send a donation via PayPay please consider sending one through Canada Post to:
4633 Barkerville Highway
Quesnel, B.C. Canada
Remember that every bit helps (all of us).
The Radical Press