PAUL FROMM – CANADIAN ASSOCIATION FOR FREE EXPRESSION (CAFE)
_________________________________________________________________________
August 10, 2009
[Editor's Note: RadicalPress.com is extremely pleased to announce the positive decision by Tribunal chairperson Karen Jensen to grant Interested Party status to the Canadian Association for Free Expression. Direct Paul Fromm and I have been working together on issues for close to a decade now after first meeting online while I was printing my hard copy edition called The Radical.
Mr. Fromm's many years of experience in battling the good fight to retain freedom of speech and expression for all Canadians makes his participation in this present struggle with B'nai Brith Canada over the Section 13(1) issue one of vital importance. As Paul states in his application one of his goals is to focus on this unusual position by the Complainants of trying to make citizens of foreign countries (i.e. Israel) a part of those protected by Canada's "hate speech" laws. This is one issue that readers will know is of major concern to many Canadians who have been following this latest Show Trial regarding Freedom of Speech on the Internet in Canada.
And so, from RadicalPress.com and all those supporting the abolition of Section 13(1) of the Canadian Human Rights Act, a hearty welcome to the show Paul!]
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CAFE Granted “Interested Party” Status to Intervene in Arthur Topham/Radicalpress Internet Free Speech Case
Canadian Human
Rights Tribunal
BETWEEN:
HARRY ABRAMS AND
THE LEAGUE FOR HUMAN RIGHTS OF B’NAI BRITH CANADA
Complainants
- and -
CANADIAN HUMAN RIGHTS COMMISSION
- and -
ARTHUR TOPHAM
RADICALPRESS.COM
Respondents
- and -
CANADIAN FREE SPEECH LEAGUE
Interested Party
RULING
MEMBER:
Karen Jensen 2009 CHRT 23
2009/08/07
[1] The Canadian Association for Free Expression (CAFE) has applied for Interested Party status in the matter of Harry Abrams and the League for Human Rights of the B’nai Brith Canada v. Arthur Topham and RadicalPress.com
[2] CAFE’s mandate is to work toward the maximum latitude of the freedom of speech, freedom of the press and freedom of belief provisions of s. 2(b) of the Charter of Rights and Freedoms
Founded in 1981, CAFE has published material in support of these goals, made representations to various levels of government and obtained intervenor or Interested Party status in a number of cases.
[3] CAFE is especially concerned about efforts to restrict the Internet, which it sees as an inexpensive and accessible medium to persons of modest means who might otherwise be excluded from some of the older more established media.
[4] CAFE has participated as an Interested Party in a number of Tribunal cases involving s. 13 of the CHRA.
[5] The Respondents Arthur Topham and RadicalPress.com support CAFE’s motion. The Commission and the Complainants take no position on this motion.
[6] Section 50 of the Canadian Human Rights Act gives the Tribunal discretion to grant interested party status. The onus is on the applicant to demonstrate how its expertise will be of assistance in the determination of the issues. Interested party status will not be granted if it does not add significantly to the legal positions of the parties representing a similar viewpoint:
Schnellv. Machiavelli and Associates Emprize Inc., [2001] C.H.R.D. No. 14 at para. 6 (C.H.R.T.) (QL); Nkwazi v. Canada (Correctional Service), [2002] C.H.R.D. No. 15 at para. 22 (C.H.R.T.)(QL); Warman v. Lemire 2006 CHRT 8.
[7] In a previous ruling, the Tribunal granted interested party status to the Canadian Free Speech League (CFSL) (Abrams and the League for Human Rights of B’nai Brith v. Arthur Topham and RadicalPress 2009 CHRT 12). That organization is also interested in matters touching upon freedom of expression.
[8] In his communications dated July 17, 2009, Paul Fromm, on behalf of CAFE, stated that while CFSL and CAFE “share a similar libertarian approach to Charter freedoms, CAFE has had considerably more experience as an “interested party†and agent in s. 13 Tribunals and brings this expertise to these proceedingsâ€Â. In addition, CAFE has special concerns about an effort by the Complainants to expand even further the list of protected groups. It wishes to present the view that the Complainants are seeking to make criticism of a foreign government (in this case Israel) a “discriminatory†practice.
[9] Mr. Fromm indicated that CAFE wishes to make written and oral submissions as well as to cross-examine witnesses in this matter.
[10] Without making any comment on the merits or relevance of the issues raised in this motion, I am satisfied that CAFE will bring a unique perspective and body of experience to the issues in this matter; it will add significantly to the legal position of the parties.
[11] Therefore, CAFE’s request for interested party status is granted. CAFE’s representative will have the right to cross-examine witnesses and to present oral and written submissions. CAFE should consult with the Respondent and the CFSL to ensure that there is no duplication in their efforts.
“Signed byâ€Â
Karen Jensen
OTTAWA, Ontario
August 7, 2009
CANADIAN HUMAN RIGHTS TRIBUNAL PARTIES OF RECORD
TRIBUNAL FILE: T1360/9008
STYLE OF CAUSE: Harry Abrams and The League for Human Rights of B’Nai Brith Canada v. Arthur Topham and RadicalPress.com
RULING OF THE TRIBUNAL DATED: August 7, 2009
APPEARANCES:
Marvin Kurz For the Complainants
Daniel Poulin For the Canadian Human Rights Commission
Arthur Topham For himself and Respondent RadicalPress.com
Douglas H. Christie For the Interested Party, Canadian Free Speech League
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Paul Fromm can be contacted at: paul@paulfromm.com
