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Warman has sued [[David Icke]]<ref>[http://www.cyberclass.net/million$claim.htm Court File No<!-- Bot generated title -->]</ref> for libel, following the publication of Mr. Icke's book "Children of the Matrix". Mr. Warman also sued the publishers and some distributors of the book. In Mr. Warman’s case against David Icke, Mr. Warman requested that that British Columbia Libraries Association remove the book from its collection. Fearing litigation, the Library Association complied with the request. B.C. Library Association member Ann Curry commented that “in the Warman case, libraries had to comply with Mr. Warman’s request or possibly face liability.” In 2004 the B.C. Government passed legislation to protect libraries from defamation suits if they distribute materials that can be considered defamatory. <ref> “Civil Rights Group Lauds Attorney General for new Legal Protection for Libraries,” http://www.bccla.org/pressreleases/04libelandslander.htm.</ref>
Warman has sued [[David Icke]]<ref>[http://www.cyberclass.net/million$claim.htm Court File No<!-- Bot generated title -->]</ref> for libel, following the publication of Mr. Icke's book "Children of the Matrix". Mr. Warman also sued the publishers and some distributors of the book. In Mr. Warman’s case against David Icke, Mr. Warman requested that that British Columbia Libraries Association remove the book from its collection. Fearing litigation, the Library Association complied with the request. B.C. Library Association member Ann Curry commented that “in the Warman case, libraries had to comply with Mr. Warman’s request or possibly face liability.” In 2004 the B.C. Government passed legislation to protect libraries from defamation suits if they distribute materials that can be considered defamatory. <ref> “Civil Rights Group Lauds Attorney General for new Legal Protection for Libraries,” http://www.bccla.org/pressreleases/04libelandslander.htm.</ref>


Warman has also sued [[Jason Ouwendyk]] and his group the Northern Alliance for libel - a case that was suspended when Ouwendyk sought bankruptcy protection and agreed to pay Warman damages as part of his proposal to creditors.
Warman has also sued [[Jason Ouwendyk]] and his group the Northern Alliance for libel - a case that was suspended when Ouwendyk sought bankruptcy protection and agreed to pay Warman damages as part of his proposal to creditors.{{CN}}


Warman sued Paul Fromm and his [[Canadian Association for Free Expression]] for libeling him in various Internet posts. On November 23, 2007, Ontario Superior Court Justice Monique Métivier ruled in Warman's favour and ordered Fromm to pay Warman $30,000 in damages, and to post full retractions within ten days on all the websites on which he posted the defamatory comments. Métivier found that Fromm posted statements about Warman "either knowing the fundamental falseness of the accusations he levelled at Mr. Warman, or being reckless as to the truth of these."<ref>Don Butler, "[http://www.canada.com/ottawacitizen/news/story.html?id=d6a84a0b-b5af-4f45-a492-7d29dfe30345 Anti-racism activist wins libel judgment]", ''Ottawa Citizen'', November 24, 2007</ref> The Ontario Court of Appeal upheld the judgement and added $10,000 in costs against Fromm and his group. The Supreme Court of Canada later refused to give them leave to appeal further and again awarded costs against Fromm and his group[http://www.cbc.ca/canada/story/2009/04/23/scoc-appeal.html].
Warman sued Paul Fromm and his [[Canadian Association for Free Expression]] for libeling him in various Internet posts. On November 23, 2007, Ontario Superior Court Justice Monique Métivier ruled in Warman's favour and ordered Fromm to pay Warman $30,000 in damages, and to post full retractions within ten days on all the websites on which he posted the defamatory comments. Métivier found that Fromm posted statements about Warman "either knowing the fundamental falseness of the accusations he levelled at Mr. Warman, or being reckless as to the truth of these."<ref>Don Butler, "[http://www.canada.com/ottawacitizen/news/story.html?id=d6a84a0b-b5af-4f45-a492-7d29dfe30345 Anti-racism activist wins libel judgment]", ''Ottawa Citizen'', November 24, 2007</ref> The Ontario Court of Appeal upheld the judgement and added $10,000 in costs against Fromm and his group. The Supreme Court of Canada later refused to give them leave to appeal further and again awarded costs against Fromm and his group[http://www.cbc.ca/canada/story/2009/04/23/scoc-appeal.html].

Revision as of 18:21, 13 August 2010

Richard Warman
NationalityCanadian
EducationB.A., LL.B, LL.M
Alma materQueen's University, University of Windsor, McGill University
Known forLegal and political activism, anti-racism, human rights issues

Richard Warman is an Ottawa-based lawyer active in human rights law. Warman worked for the Canadian Human Rights Commission (CHRC) from July 2002 until March 2004.[1] He is best known for having initiated complaints against people such as white supremacists and neo-Nazis for Canadian Human Rights Act violations related to Internet content. His use of the CHRC's mechanisms generated criticism, particularly from Maclean's magazine, and led to parliamentary hearings into the CHRC in 2009.

Warman has written a detailed report on Internet hate in Canada for B'nai Brith's Annual Audit of Antisemitic Incidents,[2] and has been the target of anti-Semitic smears himself, though he is not Jewish.[3] He received the Saul Hayes Human Rights Award from the Canadian Jewish Congress in June 2007 for "distinguished service to the cause of human rights".[1]

Education

Warman holds a Bachelor of Arts in Drama from Queen's University, a Bachelor of Law from the University of Windsor, and a Masters of Law from McGill University. [4]

Richard Warman is best known for his human rights activism against racists. He has referred to his campaign against racists as his “Maximum Disruption” approach:

I’ve come to the conclusion that I can be most effective by using what I like to describe as a “maximum Disruption” approach … I’ll look at all the potential targets and file complaints against them starting on a “worst offender” basis, although sometimes if I just find people to be particularly annoying this may move them up the list a bit. The “maximum disruption” part comes in because wherever I think it will be most helpful, or even if I just feel it will be the most fun, I strongly believe in hitting on as many of these fronts as possible either at the same time or one after the other. I say this because it keeps them off-balance and forces them to respond to things that focus their energies on defending themselves.[5]

Human Rights Commissions

Warman has initiated complaints against a large number of groups and individuals alleging violations of the Canadian Human Rights Act. These include the Canadian Heritage Alliance and its leader Melissa Guille;[6] Jason Ouwendyk and the Northern Alliance; Marc Lemire[7]; Tomasz Winnicki[8]; Alex Kulbashian[9] and James Scott Richardson of the Canadian Ethnic Cleansing Team[10]; Bobby Wilkinson and his Canadian Nazi Party [11]; Craig Harrison [12]; Terry Tremaine[13];Glenn Bahr[14], Peter Kouba[15], Jessica Beaumont and Ciaran Paul Donnelly[16], all formerly with the group Western Canada For Us; Liz Lampman[17]; Fred Kyburz[3]; and, Eldon Warman [18].

In addition to Kyburz and Eldon Warman, Richard Warman also raised concerns about Wally Dove, another member of the Canadian detax movement who was attempting to use his qualifications as a Certified General Accountant (CGA) to promote unlawful tax evasion schemes. The Chartered General Accountants of Ontario later revoked Dove's CGA and obtained an injunction ordering him to stop claiming to be a CGA thereafter.

Canadian Human Rights Tribunal

Warman has won ten of the cases he has brought before the Canadian Human Rights Tribunal (CHRT),[19] and two more have been successfully mediated after the individuals had left the neo-Nazi movement and renounced their beliefs.

The CHRT has consistently upheld Warman's complaints against the following individuals and groups: Fred Kyburz[20]; Eldon Warman[21]; Alexan Kulbashian, James Scott Richardson and the Canadian Ethnic Cleansing Team, Affordable-space.com[21]; Tomasz Winnicki [22]; Craig Harrison (for postings on Marc Lemire's Freedomsite) [23]; Peter Kouba[24]; Glenn Bahr and Western Canada For Us [25]; Terry Tremaine.[26]; Bobby Wilkinson and his Canadian Nazi Party[27]; and Jessica Beaumont. [28]

Warman v. Lemire

On September 2, 2009, in the case of Warman's complaint against Marc Lemire, Canadian Human Rights Tribunal member Athanasios Hadjis found Section 13 of the Canada Human Rights Act to be unconstitutional, as it infringed unjustifiably on the Canadian Charter of Rights and Freedoms' guarantee of freedom of expression.[29]. Mr. Hadjis refused to impose a penalty on Lemire. [30] However, as Hadjis is not a judge and the tribunal is not a court, his decision does not carry sufficient weight to strike down the section as ultra vires.[30] As a result, the ruling is not binding beyond the Lemire case.[31][32]

Case against neo-Nazi Bill White

Warman is also known for his attempt to have the Canadian Radio-television and Telecommunications Commission (CRTC) block access to two United States-based websites that included what Bernie Farber of the Canadian Jewish Congress described as a "murder warrant" against Warman by US neo-Nazi Bill White. In refusing the initial ex parte application, the CRTC stated:

In the Commission's view, given the unprecedented nature of the relief sought in the Application and the serious and fundamental issues it raises, as well as the fact that the specific approval is being sought in favour of Canadian carriers without notice to such carriers, it would be inappropriate to consider granting the interim relief sought in the Application on an ex parte basis, and in particular without affording Canadian carriers and all other interested parties the opportunity to comment.[33] [34][35]

White was subsequently indicted by a US grand jury for the death threats against Warman and others and remains in custody pending trial. The grand jury heard testimony from both Bernie Farber and Warman. Acting U.S. attorney Julia Dudley said some lines had clearly been crossed, as she announced the charges against Mr. White. “When freedom of speech turns into threats against innocent people, it is the responsibility of the law enforcement community to intervene and protect its citizens,” she said.[11]

Defamation Suits

Warman has sued David Icke[36] for libel, following the publication of Mr. Icke's book "Children of the Matrix". Mr. Warman also sued the publishers and some distributors of the book. In Mr. Warman’s case against David Icke, Mr. Warman requested that that British Columbia Libraries Association remove the book from its collection. Fearing litigation, the Library Association complied with the request. B.C. Library Association member Ann Curry commented that “in the Warman case, libraries had to comply with Mr. Warman’s request or possibly face liability.” In 2004 the B.C. Government passed legislation to protect libraries from defamation suits if they distribute materials that can be considered defamatory. [37]

Warman has also sued Jason Ouwendyk and his group the Northern Alliance for libel - a case that was suspended when Ouwendyk sought bankruptcy protection and agreed to pay Warman damages as part of his proposal to creditors.[citation needed]

Warman sued Paul Fromm and his Canadian Association for Free Expression for libeling him in various Internet posts. On November 23, 2007, Ontario Superior Court Justice Monique Métivier ruled in Warman's favour and ordered Fromm to pay Warman $30,000 in damages, and to post full retractions within ten days on all the websites on which he posted the defamatory comments. Métivier found that Fromm posted statements about Warman "either knowing the fundamental falseness of the accusations he levelled at Mr. Warman, or being reckless as to the truth of these."[38] The Ontario Court of Appeal upheld the judgement and added $10,000 in costs against Fromm and his group. The Supreme Court of Canada later refused to give them leave to appeal further and again awarded costs against Fromm and his group[12].

In April 2008, Warman launched a libel suit against the National Post Company, National Post Columnist Jonathan Kay, and Canadian bloggers - Ezra Levant, Kate McMillan and her blog Small Dead Animals, Kathy Shaidle and her blog Five Feet of Fury, Mark Fournier and Constance Wilkins-Fournier and their blog Free Dominion.The reason for the suit was that the newspaper said that Mr. Warman was the author of a previous discriminatory internet post regarding Canadian Senator Anne Cools. Mr. Warman denies that he was the author of the post and is seeking damages from those who posted the information for libel. The National Post apologized and retracted its statement and settled out of court with Mr. Warman. The remaining litigants are pursuing the case.[39]

The owners of the Free Dominion are involved in another litigation suit with Mr. Warman. Mr. Warman sued Constance Wilkins-Fournier, Mark Fournier and eight John Does for libel. Mr. Warman asked the court to order the Fourniers to release information which would lead to the identification of the eight John Does. The original court decision compelled them to do so, however on appeal, the Divisional Court overturned this decision unless Mr. Warman could prove a prima facie case against the John Does before their information was released. As of July 2010, the matter was still before the courts. [40]

Political activism

Warman ran as a Green Party of Canada candidate in the 1997 federal election in the Windsor West riding, and in the 2000 federal election in Ottawa—Orléans, placing fifth on both occasions.[41] He ran as the Green Party of Ontario candidate in the 1995 Ontario provincial election in Simcoe Centre, placing fifth, and in 1999 in Ottawa West—Nepean, placing fourth.[42][43]

In 2006, Warman contributed to the Renewal Commission of the Liberal Party of Canada's Report on Human Rights.[44] He is also one of the backers of the reward fund established by the Assembly of First Nations in relation to the Gatineau murder of Kelly Morrisseau.[45]


Death threats and violent rhetoric

In addition to the threats against him by Bill White, Warman was the subject of further death threats after Tomasz Winnicki was sentenced to nine months in prison for violating a court injunction.[46][47] A federal court sentenced Winnicki to nine months imprisonment for contempt of court for breaking that injunction.[48] The threats included website Vanguard News Network's webmaster Alex Linder posting material inciting the murder of the Federal Court judge, employees of the Canadian Human Right Commission, and Warman (who had testified against Winnicki at the contempt of court hearing). Linder suggested on the main VNN website and in a VNN Internet radio broadcast that their killing would be a "genuine act of patriotism." Other individuals posted similar violent rhetoric to the VNN Internet forum. Both the main VNN website and the VNN forum were temporarily shut down on July 26, 2006 by their website hosting company's upstream provider after being contacted about the threats.

Praise & Criticism

Journalist Don Butler of The Ottawa Citizen newspaper wrote in a front-page profile of Warman:[49]

Part of [Warman's] motivation comes from having relatives who fought Nazis in the Second World War. "It's really a betrayal of the veterans and all those who contributed in World War II to ignore the ongoing threat from these groups that are seeking to resurrect an idea that should have died 60 years ago in a bunker in Berlin."
He also feels it's incumbent on him as a lawyer to repay the investment society made in his education by working for the societal good. Ignoring the problem, he insists, would be "betraying my duty to the profession."
"It's imperative that individuals and groups take steps as strong as they can to defend human rights in Canada," he says. "Because if they're not defended, they get undermined. Eventually they get worn down through disuse. I could never bear to see that happen."
Anti-Semitism and racism, he argues, are a community problem and need to be treated as such. "There's never been a history of genocide that hasn't been preceded by demonization."

Butler also reported:

"He's had an enormous impact," says Michael Geist, the Canadian research chair in Internet and e-commerce law at the University of Ottawa. "In a sense, he's got the mechanics of how we deal with online hate up and running. It's fair to say no one has been as effective or persistent." The result is a body of jurisprudence that leaves little doubt Canadian law applies to online hate speech that originates in this country. The decisions, says Geist, "have sent a clear warning to those who engage in hate speech that this is not a no-law land."

Blogger and former magazine publisher Ezra Levant, who is being sued by Warman and others for libel, has argued that Warman's actions as a plaintiff before the Canadian Human Rights Commissions are tantamount to censorship in the name of human rights.[50]

Warman is also suing Jonathan Kay and the National Post, the operators of Free Dominion and several bloggers for defamation in relation to comments made about him and his complaints to the Commission. Levant says these "nuisance suit[s]" are part of Warman's "maximum disruption" policy.[51]

Maclean's which had been the subject of an unrelated human rights complaint concerning hate speech has reported that "Richard Warman says he's fighting hate. Critics say free speech is the real victim." That article included commentary or allegations that:

...[T]he slam-dunk quality to Warman's Section 13 cases are a cause for worry, symbolizing the drift of human rights commissions into the boggy territory of covert investigation and speech control. Those concerns deepened two weeks ago with revelations that, for a time, Warman was acting both as a complainant and an investigator at the commission. Even after he left in 2004, he seemed to enjoy easy access to commission offices, stopping by to chat with staff or get documents printed. ... Of the fact Warman and investigators were going online undercover, [Keith] Martin says simply: "That's appalling."[52]

The CHRT criticized Warman in March 2009 for having posted pseudonymously — using the names Axetogrind and Pogue Mahone — to neo-Nazi sites such as Stormfront and Vanguard News Network, as if in agreement with racist and antisemitic messages posted there. In one post, in response to a comment in January 2005 about American neo-Nazi leader Jeff Schoep, Warman wrote, "Keep up the good work Commander Schoep!". The CHRT ruled that Warman's posts, which he initially denied were his, could have precipitated further hate messages from forum members, and that he had undermined his credibility. In his defence, Warman said his posts had helped him identify members of the neo-Nazi movement, and that at the time there was no "road map" for such investigations. "With hindsight, he said, "things might have been done differently today."[53][54]

References

  1. ^ a b http://www.cjnews.com/viewarticle.asp?id=12082
  2. ^ audit2005Analysis
  3. ^ a b Warman v. Kyburz
  4. ^ Montréal Forum 2004 - Speakers
  5. ^ Levant, Ezra. Shakedown: How our Government is Undermining Democracy in the Name of Human Rights.” McClelland & Stewart, (Toronto), 2009, p. 102.
  6. ^ Canadian Human Rights Tribunal, http://www.chrt-tcdp.gc.ca/aspinc/search/vhtml-eng.asp?doid=968&lg=_e&isruling=1
  7. ^ Canadian Human Rights Tribunal, Richard Warman v. Marc Lemire, 2009, CHRT 26, http://www.chrc-ccdp.ca/publications/ar_2009_ra/page8-en.asp (accessed July 19, 2010).
  8. ^ Staff, "Tribunal orders Winnicki to stop spreading net hate", Jewish Tribune, April 27, 2006, pg 7
  9. ^ Canadian Human Rights Commission :: Overview :: Strategic Initiatives :: Legal Milestones
  10. ^ http://www.chrt-tcdp.gc.ca/search/view_html.asp?doid=661&lg=_e&isruling=0 Warman v. Kulbashian Decision.html]
  11. ^ Canadian Human Rights Tribunal, http://www.chrt-tcdp.gc.ca/aspinc/search/vhtml-eng.asp?doid=852&lg=_e&isruling=0
  12. ^ Canadian Human Rights Tribunal, http://www.chrt-tcdp.gc.ca/aspinc/search/vhtml-eng.asp?doid=737&lg=_e&isruling=0
  13. ^ warman v tremaine
  14. ^ http://www.chrt-tcdp.gc.ca/search/view_html.asp?doid=749&lg=_e&isruling=1
  15. ^ http://www.chrt-tcdp.gc.ca/aspinc/search/vhtml-eng.asp?doid=812&lg=_e&isruling=0
  16. ^ Recomnetwork.org - recomnetwork Resources and Information. This website is for sale!
  17. ^ http://www.citizensagainsthate.com/site/print.php?sid=328
  18. ^ Warman v. Warman.html
  19. ^ CHRT decisions related to the following individuals and groups are in the footnote links after their names: Fred Kyburz.[1]; Eldon Warman.[2]; Alexan Kulbashian, James Scott Richardson and the Canadian Ethnic Cleansing Team, Affordable-space.com.[3]; Tomasz Winnicki.[4]; Craig Harrison (for postings on Marc Lemire's Freedomsite) [5]; Peter Kouba.[6]; Glenn Bahr and Western Canada For Us .[7]; Terry Tremaine.[8]; Bobby Wilkinson and his Canadian Nazi Party.[9]; Jessica Beaumont.[10]
  20. ^ Canadian Human
  21. ^ a b http://www.chrt-tcdp.gc.ca/search/files/t869_11903de.pdf
  22. ^ http://www.chrt-tcdp.gc.ca/search/files/t10210205_er_13april06.pdf
  23. ^ Warman v. Harrison.book
  24. ^ Kouba Decision T1071.book
  25. ^ Warman v. Bahr
  26. ^ http://www.chrt-tcdp.gc.ca/search/files/warman%20v.%20tremaine%20decision.pdf
  27. ^ Warman v. Wilkinson
  28. ^ Warman v. Beaumont
  29. ^ Bhatt, Ankur, "Warman vs. Lemire: The Unconstitutionality of Hate Speech Legislation," The Court, http://www.thecourt.ca/2009/09/22/warman-v-lemire-the-constitutionality-of-hate-speech-legislation/
  30. ^ a b "Tribunal declares Internet hate speech law unconstitutional". The Canadian Press. Retrieved 2009-09-02.
  31. ^ "Hate-speech law violates Charter rights, tribunal rules unconstitutional". The Globe and Mail. Retrieved 2009-09-03.
  32. ^ http://www2.macleans.ca/2009/09/17/it-took-a-while-but-section-13-is-dead/
  33. ^ "CRTC page about the ex parte application", August 22, 2006
  34. ^ Michael Geist, "Tough Choice for CRTC in Hate Blocking Case", August 28, 2006
  35. ^ Michael Geist, "CRTC Denies Hate Site Request", August 25, 2006
  36. ^ Court File No
  37. ^ “Civil Rights Group Lauds Attorney General for new Legal Protection for Libraries,” http://www.bccla.org/pressreleases/04libelandslander.htm.
  38. ^ Don Butler, "Anti-racism activist wins libel judgment", Ottawa Citizen, November 24, 2007
  39. ^ Brean, Joseph, “Libel Filings show battle between hate-hunter and conservative blogger, the National Post, February 7, 2010, http://www.nationalpost.com/news/story.html?id=2538327.
  40. ^ Ontario Superior Court File No. 07-CV-39927SR
  41. ^ History of Federal Ridings since 1867
  42. ^ http://www.electionsontario.on.ca/results/1995_results/valid_votes.jsp?e_code=36&rec=0&district=simcoe+centre&flag=E&layout=G
  43. ^ http://www.electionsontario.on.ca/results/1999_results/valid_votes.jsp?e_code=37&rec=0&district=ottawa+west&flag=E&layout=G
  44. ^ http://www.liberal.ca/pdf/docs/FINALHumanRightsEN.pdf
  45. ^ http://www.nwac-hq.org/en/documents/PressReleasereKellyMorrisseauPressConferenceatNAWSJune21-07.pdf
  46. ^ Redirection
  47. ^ Randy Richmond, "Jailing stokes attacks: Supporters of a white supremacist jailed for hate messages make veiled threats", London Free Press, July 15, 2006
  48. ^ Federal Court - Cour fédérale (Canada)
  49. ^ Butler, Don (July 11, 2007). "One man's war on Internet hate". The Ottawa Citizen. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  50. ^ Ezra Levant: Censorship in the name of 'human rights'
  51. ^ "My Statement of Defence: Richard Warman is disreputable", Ezra Levant, blog post, July 29, 2008
  52. ^ "Righteous crusader or civil rights menace?", Charlie Gillis, Maclean's, April 9, 2008
  53. ^ Richard Warman v. Northern Alliance and Jason Ouwendy, 2009 CHRT 10, March 13, 2009.
  54. ^ Butler, Don. Lawyer crossed the line by posting on neo-Nazi website, tribunal rules, Ottawa Citizen, March 16, 2009.
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