September 5, 2009
FROM THE EDITOR’S DESK:
RADICAL EDITOR & PUBLISHER ARTHUR TOPHAM
Dear Radical Reader,
The recent and still very provocative ruling by Canadian Human Rights Tribunal Member Athanasios Hadjis on September 2, 2009, (the Lemire Decision) Ã¢â‚¬â€œ one that holds great promise of finally bringing down the massive house of cards better known as the Canadian Human Rights Commission Ã¢â‚¬â€œ has finally freed up at least one of countless mainstream media online news service agencies, allowing them the much needed freedom to give some long sought coverage to the CHRC’s “hate crime” complaint case involving Harry Abrams and the League for Human Rights of B’nai Brith Canada v. Arthur Topham and RadicalPress.com.
As the Editor and Publisher of RadicalPress.com I must gratefully and gleefully take off my hat to Merv Richie, publisher and owner of the Terrace Daily.ca, an online news service located in the northwestern community of Terrace, British Columbia, Canada and extend a firm handshake to him and say thank you for having both the wisdom and the courage to do what the rest of Canada’s supposedly independent and objective news media should have done two years ago when this controversial case first became public.
I had long hoped that my own community newspaper, the Quesnel Cariboo Observer, would have been the one to have broke the story but after initially covering the issue back in early 2008 they were immediately silenced by a false threat of a law suit from the very personage who now appears to have lost his case against against Marc Lemire in this outstanding ruling Ã¢â‚¬â€œ none other than Richard Warman, good friend of Harry Abrams the Complainant who laid the infamous sec. 13(1) “hate crime” charge against myself and my website back in July of 2007.
While this important ruling is the first major step in the eventual dismantling of this quasi-judicial internal censorship syndicate created by the Zionist lobby groups currently permeating all aspects of Canadian government, industry, media and academia it isn’t the final end for this vile, draconian sec. 13(1) anti-free speech law. As I recently wrote to one email correspondent regarding this issue, “When one is dealing with a deadly serpent it’s best not to take your attention off it until its head is severed from its body. In my case the head of this viper is still very much intact.”
Mr. Merv Richie has done a great service for everyone who believes in our Charter rights to freedom of expression and freedom of the press and he deserves a round of applause and encouragement for his willingness to put his shoulder to wheel at a time when this vehicle of expression is only just beginning to budge out from the Stalinist rut it’s been stuck in for the past twenty odd years. Please do write to him and thank him and pass this article to all you can.
Shine your Light for Love, Peace & Justice for All,
STUNNING VICTORY FOR FREEDOM OF SPEECH
by Merv Ritchie
2nd September 2009
This morning a new light shines across Canada. The Canadian Human Rights Tribunal (CHRT) has had its fangs trimmed. Section 13, the law that prohibits speaking openly about uncomfortable truths has finally been defeated. Commonly referred to as the anti hate law it has been used to stifle criticism of policy and ideology on almost every medium. The first use of the law was to force a man, John Ross Taylor, to stop using his own personal telephone answering machine to leave messages for people that wanted to call in and hear what he had to say. Generally his thoughts were against CanadaÃ¢â‚¬â„¢s immigration laws. The latest use of the law was to charge a man, Marc Lemire, who ran an internet chat forum. Although he did not approve postings to the message board (it was an open message forum) he was held to account for what others posted.
A BC website (operated by a former Kitimat native) is also currently under indictment by the CHRT for criticizing an ultra right wing faction of Israeli/Jewish politics called Zionists. Many do not like Arthur Topham’s blunt, unorthodox, politically incorrect writings on his website, Radicalpress.com, however he provides evidence and background to back up everything he writes. Truth is not a defence against the CHRT as every person and organization that has come under their radar has discovered, as they all were convicted. That is a 100 percent prosecutorial success rate, a rate unheard of anywhere in the world except in this secretive organization that has recently been investigated by the RCMP.
In his decision Athanasios D. Hadjis set a very high bar for new prosecutions under this act. Only the most vile and alarmist writings should be considered for prosecutions and the Charter of Rights and Freedoms protects Canadians, allows Canadians, to discuss issues that are not politically correct. The conclusion is as follows;
I have determined that Mr. Lemire contravened s. 13 of the Act in only one of the instances alleged by Mr. Warman, namely the AIDS Secrets article. However, I have also concluded that s. 13(1) in conjunction with ss. 54(1) and (1.1) are inconsistent with s. 2(b) of the Charter, which guarantees the freedom of thought, belief, opinion and expression. The restriction imposed by these provisions is not a reasonable limit within the meaning of s. 1 of the Charter. Since a formal declaration of invalidity is not a remedy available to the Tribunal (see Cuddy Chicks Ltd. V. Ontario (Labour Relations Board),  2 S.C.R. 5), I will simply refuse to apply these provisions for the purposes of the complaint against Mr. Lemire and I will not issue any remedial order against him (see Nova Scotia (Workers’ Compensation Board) v. Martin, 2003 SCC 54 at paras. 26-7).
His comments on the AIDS Secret article in part are as follows;
In my view, the material found in the AIDS Secrets article expresses unusually strong and deep-felt emotions of detestation and vilification towards homosexuals in particular. The article is rife with hyperbole and moral condemnation. Homosexuals, and Blacks to a lesser extent, are denigrated as purveyors of a “killer” that is on the loose, agonizingly destroying the lives of American children and adults alike. Extreme language is used to vilify them and their lifestyles. They are portrayed as a powerful force that is conspiring to bring harm to others. Rather than using the statistics and studies in a dispassionately scientific manner, the article adopts an alarmist, almost hysteric tone, which along the above mentioned characterizations, is likely to expose them to hatred or contempt.
This is a very dramatic shift in the manner in which Canadians might discuss issues. It allows for a much greater freedom to engage in discussions. It also has very profound impacts on internet websites and forums.
Although Mr. Lemire did not compose the AIDS Secrets article he allowed it to be posted on his website and therefore was found responsible for distributing this material.
The conclusion found Section 13 to be at odds with the Charter of Rights. The next few weeks and months will determine the future of the CHRT. It has caused much grief for many individuals who wanted to expose some knowledge they discovered to the general public. Today a fresh wind of freedom to speak out has blown across Canada.
Also see the following: Two of your articles are posted on our site here. Merv.
Arthur Topham is the Publisher and Editor of RadicalPress.com. He is currently involved in a free speech battle with the League for Human Rights of BÃ¢â‚¬â„¢nai Brith Canada.
He is also in extremely dire need of financial support to sustain this battle with the forces of repression and censorship as he is not able to work during this period of intense litigation with the Canadian Human Rights Commission and the CHR Tribunal. Any donations therefore would be most welcome. Please see the following url on the Home Page (upper right hand corner) http://www.radicalpress.com/?page_id=657 regarding donations. Also there is a Ã¢â‚¬Å“DONATEÃ¢â‚¬Â button there for Paypal or here at https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=4466120 . Feel free to use any of them if you can help out. Thanks.
Arthur welcomes all feedback to his articles and can be reached at email@example.com .
For the Full Monty on the complaint case involving RadicalPress.com and BÃ¢â‚¬â„¢nai Brith Canada please see: http://www.radicalpress.com/?page_id=995