Tuesday, September 1, 2009

Important legal decision on the validity of the Canadian Human Rights Act to censor Internet postings and online media

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TORONTO, September 1, 2009: The Canadian Human Rights Tribunal is expected to finally release it’s ruling on the constitutional challenge of internet censorship brought by computer systems engineer Marc Lemire. In 2003 a complaint was filed against Lemire for hosting an internet message board, where comments allegedly violated Section 13 of the Canadian Human Rights Act. None of the complained of material was written or approved by Lemire, yet he was forced to endure a six year costly legal ordeal to defend his Charter guaranteed rights to freedom of speech and expression.

As part Lemire’s defence to the allegations, he challenged Section 13 and 54 of the Canadian Human Rights Act as being an unjustifiable limitation on freedom of expression and violation of the Canadian Charter of Rights and Freedoms. The Attorney General of Canada (requested by Liberal Irwin Cotler – then Justice Minister) and five interested parties intervened in the case. The constitutional challenge was heard over a four year period by the Canadian Human Rights Tribunal.

This constitutional challenge of Section 13 is the largest ever undertaken in the 32 year history of the law. During the course of the trial, evidence was brought to light that employees of the Canadian Human Rights Commission actively take part in internet websites, which the CHRC has described as neo-Nazi. The RCMP also investigated the CHRC for 8 months over criminal allegations of internet and WiFi theft based on testimony in the Lemire hearing. The RCMP was forced to abandon criminal charges because the evidence led to an American website where the RCMP has no jurisdiction.


  1. As a companion-piece to the above item, click on the URL copied below, which includes an overview by Canadian free-speech crusader Ezra Levant of the Orwellian dimension to the enforcement of speech prohibitions in Canada.

    Agents acting for Canada's Human Rights Commission may well be by far the the most prolific purveyors of the kind of speech the CHRC was set up to quash. Ironic - or what?


  2. This just in . . . A human rights tribunal in Canada has declared a Human Rights Commission-imposed ruling curtailing free speech an infringement
    on the very right to exercise one's freedom of expression as guaranteed by the Canadian Charter of Rights and Freedoms. Click on: