CANADIAN HUMAN RIGHTS COMMISSION
PROTECTEDÃ‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â XPRESSPOST-SIGNATURE REQUIREDÃ‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â AUG 27 2008
File # 20071016
Mr. Arthur Topham
4633 Barkerville Highway
Quesnel, B.C. V2J 6T8
Dear Mr. Topham:
The investigation into the complaint filed by Harry Abrams against you has been completed. A copy of the investigation report is enclosed for your review.
If you would like to submit comments on the reports, you can do so by writing to me at the address below. Your submissions must be no more than 10 pages in length including attachments and must not include any information related to confidential settlement discussions in the course of mediation or conciliation. Any such confidential information or any pages over the 10 page limit will not be placed before the Commission.
You can provide your submissions by 17 September 2008. In order to avoid delay in the handling of this matter, extensions to this period will not be granted. Your submissions may be disclosed to the other party.
The complaint form, the investigation report and submissions which we receive from the parties will be submitted to the Commission at one of its upcoming meetings. After reviewing these documents, the Commission will make a decision on the disposition of the case. The Commission can accept or reject the recommendation in the report. You will be advised of the CommissionÃ¢â‚¬â„¢s decision as soon as it is rendered.
Director, Investigations Division
Encl.: Investigation Report
344 Slater Street, Ottawa, Ontario K1A 1E1
Fax (613) 947-7279
Complainant: Harry Abrams
Respondent(s): Arthur Topham
File Number(s): 20071016
Date Accepted: 28 August 2007
Section(s) of the Act:Ã‚Â 13
Relevant Ground(s): Religion, National or Ethnic origin
Purpose of Investigation Report
The purpose of this report is to assist Commission members to determine whether:
a) a conciliator should be appointed to attempt to resolve the complaint and/or;
b) further inquiry by a tribunal is warranted or;
c) the complaint should be dismissed.
In determining whether or not further inquiry is warranted, the Commission members do not determine whether discrimination has occurred. The Commission is a screening body which determines, for example, if a complaint warrants a conciliation process, further inquiry by the Canadian Human Rights Tribunal, or if it should be dismissed.
The Canadian Human Rights Tribunal is a separate agency from the Canadian Human Rights commission and it is the Tribunal which decides if discrimination under the Act has occurred. The TribunalÃ¢â‚¬â„¢s role is comparable to that of a judge, deciding the case fairly and impartially by weighing all the evidence introduced by all parties.
When making a decision, the Commission members may also consider the following circumstances:
-Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â What measures have been taken by the parties to rectify the circumstances giving rise to the complaint?
-Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â What are the positions of the parties with respect to an appropriate remedy to the complaint and if the parties do take a position, what are the comments of the investigator with respect to these positions?
-Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â To what degree is the public interest engaged?
DateÃ‚Â Ã‚Â Ã‚Â Ã‚Â 27 August 2008
The issue in this complaint is whether the respondent communicated or caused to be communicated, by way of the internet, material that is likely to expose a person or persons to hatred or contempt on the basis of religion and national or ethnic origin.
Background to Complaint
2. The complaint was filed by Mr. Harry Abams. Mr. Abrams is the British Columbia representative for the League for Human Rights of BÃ¢â‚¬â„¢nai Brith Canada. The BÃ¢â‚¬â„¢nai Brith Canada website states that it Ã¢â‚¬Å“is the independent voice of the Jewish community, representing its interests nationwide to government, NGOÃ¢â‚¬â„¢s and the wider Canadian public. Its National Office is located in Toronto, Ontario with regional offices across Canada.
3, The respondent, Arthur Topham, advises that the Radical Press Ã¢â‚¬Å“Ã¢â‚¬Â¦was formed in1998 when he began publishing a monthly alternative tabloid known as The Radical. The online version of this hard copy newspaper is known as Radicalpress.com. The purpose of the Radicalpress.com, like all news services, is to present to the general public news, information and opinions with which readers can better understand the world they are living in.Ã¢â‚¬Â He explains that the forum is provided for public input, debate and feedback. A review of the website shows that, although some other information is present, the website focuses on the subject of Ã¢â‚¬Å“ZionismÃ¢â‚¬Â.
Section 13 of the CHRA
4. Section13 of the Canadian Human Rights Act reads as follows:
(1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
(2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.
(3) For the purposes of this section, no owner or operator of a telecommunication undertaking communicates or causes to be communicated any matter described in subsection (1) by reason only that the facilities of a telecommunication undertaking owned or operated by that person are used by other persons for the transmission of that matter.
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5.Ã‚Â Ã‚Â Ã‚Â Ã‚Â In looking at the intent of section 13, the Supreme Court in Canada v. Taylor noted the following:
 I believe that the broad legislative intent in implementing s. 13(1) can be gleaned directly from the statute in which it is found. The purpose of the Canadian Human Rights Act is stated as follows in s. 2:
2. The purpose of this Act is to extend the present laws in Canada to give effect,
within the purview of matters coming within the legislative authority of the Parliament
of Canada, to the principle that every individual should have an equal opportunity with
other individuals to make for himself or herself the life that he or she is able and wishes
to have, consistent with his or her duties and obligations as a member of society, without
being hindered in or prevented from doing so by discriminatory practices based on race,
national or ethnic origin, colour, religion, age, sex, marital status, family status, disability
or conviction for an offence for which a pardon has been granted.
It is this purpose Ã¢â‚¬â€œ the promotion of equal opportunity unhindered by discriminatory practices based on inter alia, race or religion Ã¢â‚¬â€œ which informs the objective of s. 13(1). In denoting the activity described in s. 13(1) as a discriminatory practice, Parliament has indicated that it views repeated telephonic communications likely to expose individuals or groups to hatred or contempt by reason of their being identified on the basis of certain characteristics as contrary to the furtherance of equality.
Ã‚Â ParliamentÃ¢â‚¬â„¢s concern that the dissemination of hate propaganda is antithetical to the general aim of the Canadian Human Rights Act is not misplaced. The serious harm caused by messages of hatred was identified by the Special Committee on Hate Propaganda in Canada, commonly known as the Cohen Committee, in 1966. The Cohen Committee noted that individuals subjected to racial or religious hatred may suffer substantial psychological stress, the damaging consequences including a loss of self-esteem, feelings ofÃ‚Â anger and outrage and strong pressure to renounce cultural differences that mark them as distinct. This intensely painful react undoubtedly detracts from an individualÃ¢â‚¬â„¢s ability to, in the words of s. 2 of the Act, Ã¢â‚¬Å“make for himself or herself the life that he or she isÃ‚Â able and wishes to have.Ã¢â‚¬ÂÃ‚Â As well, the Committee observed that hate propaganda can operate to convince listeners, even if subtly, that members of certain racial or religious groups are inferior. The result may be an increase in acts of discrimination, including the denial of equal opportunity in the provision of goods, services and facilities, and even incidents of violence.
Ã‚Â Since the release of the Report of the Special Committee on Hate Propaganda in Canada, numerous other study groups have echoed the Cohen CommitteeÃ¢â‚¬â„¢s conclusion that hate propaganda presents a serious threat to society. Affirmation of the CommitteeÃ¢â‚¬â„¢s findings may be found in the 1981 Report Arising Out of the Activities of the Ku Klux Klan in British Columbia by John D. McAlpine, the 1984 report of the Special Committee on Participation of Visible Minorities in Canadian Society, entitled Equality Now!, the Canadian Bar AssociationÃ¢â‚¬â„¢s Report of the Special Committee on Racial and Religious Hatred, also released in 1984, and the 1986 Working Paper 50 of the Law Reform Commission of Canada, entitled Hate Propaganda. It can thus be concluded that messages of hate propaganda undermine the dignity and self-worth of target group members and, more generally, contribute to disharmonious relations among various racial, cultural and religious groups, as a result eroding the tolerance and openmindedness that must flourish in a multicultural society which is committed to the idea of equality.
Ã‚Â Ã‚Â Canada (Canadian Human Rights Commission) v. Taylor,  3 S.C.R. 892
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B)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â whether the communication of the material took place in Canada;
C)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â whether the respondent communicated or caused to be communicated the material which forms the basis of the complaint;
D)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â whether the material is likely to expose a person or persons to hatred or contempt based on religious and national or ethnic
origin. In addressing this issue in this complaint, the investigation will consider the following factors:
i)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â the content of the material:
ii)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â the context in which the material was communicated
6.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â During the course of the investigation, the investigator reviewed the complaint form, the respondentÃ¢â‚¬â„¢s defence, complainantÃ¢â‚¬â„¢s
rebuttal and further documents including but not limited to the following:
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â BÃ¢â‚¬â„¢nai Brith: Beating the anti-Semitic Drum by Arthur Topham dated 03 September 2005
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Nationwide: Racist Me by C.L. Cook dated 25 May 2007
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â LetÃ¢â‚¬â„¢s Talk About Jews And Elections by Curt Maynard dated 09 May 2007
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Letter from Andrew Winkler Ã¢â‚¬â€œ Editor of Ziopedia dated 09 May 2007
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã¢â‚¬Å“Down thereÃ¢â‚¬Â in the dark, dark, Chamber…by Layla Anwar dated 05 March 2007
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The Seeds of Global Tyranny by Arthur Topham dated 01 May 2007
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Revolt of the goyim by John Kaminski
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Deal with the devil by John Kaminski
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Judaism is NobodyÃ¢â‚¬â„¢s Friend by Mark Glenn posted 07 November 2006
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ban the Talmud as hate speech by John Kaminski
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Elie WieselÃ¢â‚¬â„¢s Holocaust Tale by Eric Hunt
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Parasite alert by John Kaminski
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã¢â‚¬Å“The Ã¢â‚¬Å“Dirty WorkÃ¢â‚¬Â of Zionism is Unfinished by Curt Maynard dated 04 August 2006
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Israel, We Bless Thee by Mark Glenn dated 09 November 2006
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The real terms of the game by John Kaminski
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Judaism: a conspiracy Against Jews, Humanity? by Henry Kakow dated 17 November 2006
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The Many Masks of Zionism by Arthur Topham dated 09 January 2007
A) Was the material observed on the internet?
7.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â On 17 February 2007 and several occasions prior to and since, the complainant visited www.radicalpress.com whereby he observed and downloaded the alleged materials posted by the respondent.
8.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The respondent does not dispute that the alleged information is on the internet
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B)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Has the communication of the material at least partly taken place in Canada?
9.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The respondent is located in British Columbia, Canada. The investigator uses a Canadian mailing address and phone number to contact the respondent.
Findings:Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The evidence supports that the communication of the material has taken place in Canada.
C)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Did the respondent communicate or cause to be communicated the material which forms the basis of the complaint;
10.Ã‚Â Ã‚Â Ã‚Â Ã‚Â The respondent states that he owns and controls radicalpress.com. He explains that he is the webmaster and is responsible for all aspects of monitoring the Radical Press forum. The respondent advises that Ã¢â‚¬Å“documents are received from various writers on the net either via email or from their own websites or listserv or in hardcopy format or else written by myself and then published on my site.Ã¢â‚¬Â
Findings:Ã‚Â Ã‚Â Ã‚Â Ã‚Â The evidence shows that the respondent communicated or caused to be communicated the material which forms the basis
of the complaint.
D)Ã‚Â Is the material likely to expose a person or persons to hatred or contempt based on religious and national or ethnic origin?
11.Ã‚Â Ã‚Â Ã‚Â Ã‚Â In determining whether or not material is likely to expose persons to hatred or contempt, the Canadian Human Rights Tribunal decision in Nealy v. Johnson (1989), 10 C.H.R.R. Stated that Ã¢â‚¬ËœexposeÃ¢â‚¬â„¢ means Ã¢â‚¬Å“to leave a person unprotected; to leave without shelter or defence; to lay open (to danger, ridicule, censure etc.)Ã¢â‚¬Â. The Tribunal further held that material is determined Ã¢â‚¬Ëœlikely to exposeÃ¢â‚¬â„¢ persons to hatred or contempt on a balance of probabilities, that is, if Ã¢â‚¬Å“the matter in the message is more likely than not to spark a postive reaction amongst some of the listeners to it which will likely in turn manifest itself in Ã¢â‚¬Å“hatredÃ¢â‚¬Â or Ã¢â‚¬ËœcontemptÃ¢â‚¬â„¢ towards the targets of the messagesÃ¢â‚¬Â. In Canada (Human Rights Commission) v. Taylor (1990), 3 S.C.R., the Supreme Court of Canada affirmed that with hatredÃ¢â‚¬Â, the focus is a set of emotions and feelings which involve extreme ill-will towards another person or group of persons. To say that one Ã¢â‚¬Å“hatesÃ¢â‚¬Â another means in effect that one finds no redeeming qualities in the person towards whom it is directed. It is quite possible to Ã¢â‚¬Å“hateÃ¢â‚¬Â someone whom one feels is superior to one in intelligence, wealth or power. Ã¢â‚¬Å“ContemptÃ¢â‚¬Â is, by contrast, a term which suggests a mental process of Ã¢â‚¬Å“looking downÃ¢â‚¬Â upon or treating as inferior the object of oneÃ¢â‚¬â„¢s feelings.
12.Ã‚Â Ã‚Â Ã‚Â Ã‚Â The complainant alleges that the respondent maintains a website that contains substantive expression likely to incite hatred and contempt against Jews. Mr. Abrams provides that one one very specific item complained of is the re-publication of aspects of the notorious Czarist-era forgery: The Protocols fo the Learned Elders of Zion.
13.Ã‚Â Ã‚Â Ã‚Â Ã‚Â The respondent denies the allegations in this complaint. He states that he speaks his mind Ã¢â‚¬Å“freely, frankly and honestly as a basic human rightÃ¢â‚¬Â. It is the respondentÃ¢â‚¬â„¢s position that the complaint was brought forth in an attempt to Ã¢â‚¬Å“subvert, suppress and nullify the legitimate rights of all Canadian citizens with respect to their most cherished and intrinsic values….right to freedom of religion, freedom of expression, freedom of thought and freedom of speech, all of which are currently being attacked…Ã¢â‚¬Â The respondent states that he has Ã¢â‚¬Å“unearthed more than a sufficient amount of authentic evidence which indicates that organizations such as the League for Human Rights of BÃ¢â‚¬â„¢nai
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14.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The following are excerpts taken from the articles listed above which are posted on the Radicalpress.com website which were observed and downloaded by the complainant:
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã¢â‚¬Å“Judaism is NobodyÃ¢â‚¬â„¢s FriendÃ¢â‚¬Â by Mark Glenn:
…Wake up and smell the Knishes, my friends, Judaism has been at war with us for over 2,000 years…It is JUDAISM that is the real problem.
J-U-D-A-I-S-M, the tree from which Zionism sprung forth, the seedling that has brought the work to the brink of extinction. JUDAISM, the cancer that is eating the body away and left it a skelotonized hull of what it once was. JUDAISM, the root of all mankindÃ¢â‚¬â„¢s present evils, and if not all of them, then what is certainly an impressive number…
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã¢â‚¬Å“Judaism: A Conspiracy Against Jews, Humanity?Ã¢â‚¬Â by Henry Makow
Judaism is nobodyÃ¢â‚¬â„¢s friend, and the sooner that the rest of us Ã¢â‚¬â€œ Jew and non-Jew alike Ã¢â‚¬â€œ come to realized this, the better off we will be. Get rid of it. It is a cancer. Cut it out and throw it away, as Jesus instructed that we do. It has never and will never be of any benefit to mankind. We cannot live in any kind of Ã¢â‚¬Ëœpeaceful co-existenceÃ¢â‚¬â„¢ with it. It is a declaration of war, and as long as it exists out there,mankind will never have peace.
(Quoted from Ã¢â‚¬Å“Judaism is NobodyÃ¢â‚¬â„¢s Friend authored by Mark Glenn)
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã¢â‚¬Å“Ban the Talmud as hate speechÃ¢â‚¬Â by John Kaminski:
…It is well known that the Jew in his natural function as a biological parasite must not only control the thoughts of his host people if he is to survive, but he must also establish their thought patterns and maintain supervision of them…
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã¢â‚¬Å“Elie WieselÃ¢â‚¬â„¢s Holocaust TaleÃ¢â‚¬Â by Eric Hunt:
…The Holocaust lie was used in the sixties to overthrow our immigration laws, and is currently resulting in the planned outcome of white people becoming a dispossessed minority in every country theyÃ¢â‚¬â„¢ve created, and eventually being wiped out entirely…Jewish supremacists are poisoning, subverting, perverting, and murdering people of all races. The world is enslaved by their control and
their ideologies…To free the people of the world, the Big Lie of Ã¢â‚¬Å“the HolocaustÃ¢â‚¬Â must be exposed immediately.
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã¢â‚¬Å“Revolt of the goyimÃ¢â‚¬Â by John Kaminski:
So the Holocaust was a big lie!
The real question is why did they lie?
Why did thousands of Jewish survivors of Auschwitz lie then and continue to lie for decades afterwards?
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The answer is guilt. Many people besides Jews were sent to concentration camps. But apparently only the Jews survived. Why? Because they were the trustees, the guards that kept the general prison population in line. They survived while others died because they were better fed than the other inmates…The crimes that they attributed to the Germans were the crimes that they committed against the non-Jews in the camp. Theft, murder, turture by Jew inmates were the crimes that they concealed. The others died at Jewish hands so that there would be more food, fuel or medicine for the Jews.
How to conceal this crime? The way that criminals have always done Ã¢â‚¬â€œ by pointing to someone else and implicating them in an even greater crime!
Goyim? The word means cattle, and is what Jews call non-Jews.
Goyim unite, and realize our predicament. There is an enemy in our midst who sabotages everything we try to do.
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã¢â‚¬Å“The real terms of the gameÃ¢â‚¬Â by John Kaminksi:
…This is the American society we have today, totally pornographized by Jewish education, Jewish psychology, Jewish media, Jewish government, and above all, Jewish money…
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â In response to the above article and comment, the respondent writes the following:
….WE need to ask ourselves…who are the people directly responsible for the imprisonment of Revisionists like Zundel and Rudolf and Irving. We need to ask who owns the media and who created the devastating system known as Fractional Reserve Banking and who orchestrated the Bolshevik overthrow of the Russian Empire and so on. We need to accept openly that these people were Jews, are
Jews and are still, thus far, not accountable for the havoc and misery that theyÃ¢â‚¬â„¢ve brought to the world in general…On a personal note I cannot accept that every Jew is out to overthrow and take over the world. I am married into a Jewish family myself and I would be the worldÃ¢â‚¬â„¢s greatest hypocrite were I to espouse such a doctrine yet at the same time I also know the precarious nature of the Beast that
weÃ¢â‚¬â„¢re dealing with here and it is SO easy to fall into the trap of defending the innocent by denigrating those who are ultimately out to expose the ones who are fucking over the vast majority of all of us…
Ã‚Â°Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã¢â‚¬Å“Parasite alertÃ¢â‚¬Â by John Kaminski:
In Egypt, in ancient Canaan, in Rome, in Spain, in England, in Russia, in Germany, and now in the United States, the takeover of native systems by a Jewish financial elite that has always mastered the money game, has led to nothing but endless war, and the decay of the societies on which the Jews have preyed.
15.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â At issue in this complaint is whether the material posted on the website is likely to expose the target group(s) to hatred or contempt. The complainantÃ¢â‚¬â„¢s position is that the material which forms the basis of this complaint meets both the hatred and contempt definitions. The respondentÃ¢â‚¬â„¢s position is that, in its context, the materials do not satisfy the strict definition of hatred defined in the cases and further, that the thrust of the articles is to provoke debate and not to expose individuals to hatred and/or contempt.
16Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The keyÃ‚Â operative terms of subsection 13(1) have been interpreted by the Tribunal and the courts. As stated in paragraph 11 of this report, the decisions in the case of Nealy v.
Page 8 of 10
Johnson and Canada v. Taylor, have provided guidance on the meaning of the terms hatred and contempt.
17.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â In the Taylor case, the Supreme Court of Canada affirmed that Ã¢â‚¬ËœhatredÃ¢â‚¬â„¢ refers to a feeling of extreme ill-will that allows for no redeeming qualities in the person towards whom it is directed, while Ã¢â‚¬ËœcontemptÃ¢â‚¬â„¢ encompasses looking down upon or treating as inferior the object of oneÃ¢â‚¬â„¢s feelings. The Supreme Court of Canada also indicated in Taylor that section 13 Ã¢â‚¬Å“…extends only to that expression giving rise to the evil sought to be eradicated and provides a standard of conduct sufficiently precise to prevent the unacceptable chilling of expressive activity.Ã¢â‚¬Â
18.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â In Warman v. Kouba, the Tribunal identified a number of Ã¢â‚¬ËœhallmarksÃ¢â‚¬â„¢ of material that is likely to expose persons to hatred or contempt, based on the emerging body of section 13 jurisprudence. It is explained that these hallmarks are what distinguish them from legitimate speech that is not subject to sanction under s. 13 of the Act. In the decision, it states that these hallmarks involve an Ã¢â‚¬Å“attack on inherent self-worth and dignity of the members of the targeted group.Ã¢â‚¬Â and also states Ã¢â‚¬Å“To paraphrase the words of Justice Muldoon of the Federal Court, material that bears the hallmarks of a hate message disparages and ridicules other people Ã¢â‚¬Ëœjust for drawing breath, for livingÃ¢â‚¬â„¢ (Canada (Human Rights Commission) v. Canadian Liberty Net,  3 F.C. 155 at para. 56).Ã¢â‚¬Â The eleven Ã¢â‚¬Å“hallmarksÃ¢â‚¬Â cited in Warman v. Kouba (2006) are as follows:
a)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The targeted group is portrayed as a powerful menace that is taking control of the major institutions in society and depriving others of their livihoods, safety, freedom of speech and general well-being;
b)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The messages use Ã¢â‚¬Å“true storiesÃ¢â‚¬Â, news reports, pictures and references from purportedly reputable sources to make negative generalizations about the targeted group;
c)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The targeted group is portrayed as preying upon children, the aged, the vulnerable, etc.;
d)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The targeted group is blamed for the current problems in society and the world;
e)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The targeted group is portrayed as dangerous or violent by nature;
f )Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The messages convey the idea that members of the targeted group are devoid of any redeeming qualities and are innately evil;
g)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The messages communicate the idea that nothing but the banishment, segregation or eradication of this group of people will save others from the harm being done by this group;
h)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The targeted group is de-humanized through comparisons to and associations with animals, vermin, excrement, and other noxious substances;
i)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Highly inflammatory and derogatory language is used in the messages to create a tone of extreme hatred and contempt;
j)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The messages trivialize or celebrate past persecutions or tradegy involving members of the targeted group;
k)Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Calls to take violent action against the targeted group.
 Nealy v. Johnson , 10 C.H.R.R. D/6450.
Canada (Human Rights Commission) v. Taylor,  3 S.C.R. 892.
Warman v. Kouba  CHRT 50.
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19.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Based on the excerpts cited by the complainant, it appears that the articles bear several of the characteristics identified by the Tribunal in Kouba as being Ã¢â‚¬ËœhallmarksÃ¢â‚¬â„¢ of material that is likely to expose persons to hatred or contempt. The material appears to portray Jews as a powerful menace that is taking control of major institutions and depriving others of their general well-being; Jews appear to be blamed for the current problems in society and the world; the material appears to de-humanize Jews by referring to them as Ã¢â‚¬Å“biological parasitesÃ¢â‚¬Â who are a menace to the world and Judaism as a Ã¢â‚¬Å“cancerÃ¢â‚¬Â that needs to be cut out. Some of the material denies the tragedy of the Holocaust whereby Jews are described as liars and criminals who have fabricated the Holocaust for their own benefit. The language cited in some of the passages could be viewed as highly derogatory and inflammatory, containing numerous epithets and appearing to reinforce existing stereotypes which could also be viewed as portraying the targeted group as dangerous or violent by nature. Further, the material makes such statements as Ã¢â‚¬Å“It is a declaration of warÃ¢â‚¬Â and Ã¢â‚¬Å“Goyim unite, and realize our predicamentÃ¢â‚¬Â which appear to bear the Ã¢â‚¬Å“call to actionÃ¢â‚¬Â hallmark.
20.Ã‚Â Ã‚Â Ã‚Â Ã‚Â The articles in question are cited on the respondentÃ¢â‚¬â„¢s website. The respondent advises that this site is to Ã¢â‚¬Å“present to the general public news, information and opinions with which readers can better understand the world they are living inÃ¢â‚¬Â. Further, he advises that the forum is provided for Ã¢â‚¬Å“public input, debate and feedback.Ã¢â‚¬Â The respondent does invite persons to submit feedback at the end of each article and provides an email address to do so. A review of the website shows that, although some other information is present, the website focuses on the subject of Ã¢â‚¬Å“ZionismÃ¢â‚¬Â.
21.Ã‚Â Ã‚Â Ã‚Â Ã‚Â In the case of Citron v. Zundel et al, the Tribunal considered what constituted Ã¢â‚¬ËœlegitimateÃ¢â‚¬â„¢ debate and concluded that Ã¢â‚¬Å“Legitimacy, in the context of s. 13(1) of the Act, has been determined by Parliament as that which is not likely to expose individuals to hatred or contempt.Ã¢â‚¬ÂÃ‚Â Therefore, the manner in which the material in this complaint is expressed does not appear to be merely part of a legitimate debate or ongoing historical debate.
Findings:Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â It appears that material which forms the basis of this complaint bears several of the hallmarks of hate as identified in the Kouba decision.Ã‚Â Further, the examples cited appear to meet the test as outlined in the cases of Nealy and Taylor and focus on a set of emotions and feelings which involve extreme ill-will and devastation toward Jews. Based on all of the information, the material
appears to be of such a nature that it is likely to expose persons of the target group to hatred or contempt.
22.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The evidence shows that the material which forms the basis of this complaint was observed on the internet, communication of the material taken place in Canada and that the respondent communicated or caused to be communicated the material which forms the basis of the complaint.
23.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â It appears that the material which forms the basis of this complaint bears several of the hallmarks of hate as identified in the Kouba decision. Further, the examples cited appear to suggest a lack of any redeeming qualities and speak of extreme ill-will and detestation toward the target group. Based on all of the information, the material appears to be of such a nature that it is likely to expose persons of the target group to hatred or contempt.
Citron v. Zundel et al. , 41Ã‚Â Ã‚Â C.H.R.R. D/274 (C.H.R.T.)
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What measures have been taken by the parties to rectify the circumstances giving rise to the complaint?
24.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Mr. Abrams contacted the respondent on 12 February 2007 regarding the material in question; but no resolution was attained.
What are the positions of the parties with respect to an appropriate remedy to the complaint and if the parties do take a position, what are the comments of the investigator with respect to these positions?
25.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The complainant would like the removal of the articles in question and any messages that are similar in nature.
26.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â The respondent would like this complaint dismissed.
27.Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â Ã‚Â It is recommended, pursuant to paragraph 44(3)(a) of the Canadian Human Rights Act, that the Commission request the Chairperson of the Canadian Human Rights Tribunal institute an inquiry into the complaint because:
—–>Ã‚Â Ã‚Â Ã‚Â Ã‚Â the material appears to meet the criteria for hatred and contempt as outlined in the case law and therefore appears to be likely to expose Jewish persons to hatred and contempt.