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The website and its operators faced a total of five lawsuits.
The website and its operators faced a total of five lawsuits.


==Defamation suits by Richard Warman==
===Defamation suits by Richard Warman===
{{Main|Richard Warman}}
{{Main|Richard Warman}}


Among the suits against Free Dominion and the Fourniers were four filed by [[Richard Warman]], a prominent human righta lawyer. Three of the suits were for defamation and an additional unsuccessful suit was for copyright infringement. The most prominent defamation suits are as follows:
===National Post et al===
====National Post et al====


In April 2008, Warman filed a libel suit against the Fourniers and Free Dominion as well as the ''[[National Post]]'' columnist [[Jonathan Kay]] as well as the newspaper itself, and bloggers [[Ezra Levant]], [[Kathy Shaidle]] and Kate McMillan of the [[Small Dead Animals]] blog for repeating allegations that Warman was the author of a 2003 internet post regarding Canadian Senator [[Anne Cools]] that used racist and sexist epithets. Warman denied that he was the author of the post. The ''National Post'' and Kay apologized, retracted the statement and settled out of court with Warman.<ref>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.</ref>
In April 2008, Warman filed a libel suit against the Fourniers and Free Dominion as well as the ''[[National Post]]'' columnist [[Jonathan Kay]] as well as the newspaper itself, and bloggers [[Ezra Levant]], [[Kathy Shaidle]] and Kate McMillan of the [[Small Dead Animals]] blog for repeating allegations that Warman was the author of a 2003 internet post regarding Canadian Senator [[Anne Cools]] that used racist and sexist epithets. Warman denied that he was the author of the post. The ''National Post'' and Kay apologized, retracted the statement and settled out of court with Warman.<ref>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.</ref>
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In June 2015, Shaidle, Levant and McMillan all settled with Warman in exchange for paying him undisclosed amounts and the issuing public retractions and apologies in which they admitted there was no evidence that the allegations against Warmn were true, leaving the Fourniers as the sole remaining defendants.<ref>{{cite news|title=Ezra Levant apologizes to human rights lawyer Richard Warman|url=https://www.straight.com/news/470091/ezra-levant-apologizes-human-rights-lawyer-richard-warman|accessdate=June 13, 2015|work=The Georgia Straight|date=June 11, 2015}}</ref> The trial is pending.
In June 2015, Shaidle, Levant and McMillan all settled with Warman in exchange for paying him undisclosed amounts and the issuing public retractions and apologies in which they admitted there was no evidence that the allegations against Warmn were true, leaving the Fourniers as the sole remaining defendants.<ref>{{cite news|title=Ezra Levant apologizes to human rights lawyer Richard Warman|url=https://www.straight.com/news/470091/ezra-levant-apologizes-human-rights-lawyer-richard-warman|accessdate=June 13, 2015|work=The Georgia Straight|date=June 11, 2015}}</ref> The trial is pending.


===Second libel suit===
====Second libel suit====
The owners of Free Dominion were also sued in a second lawsuit brought by Warman. Also in 2008, Warman sued the Fourniers and eight John Does for libel. As part of this case, Warman asked the court to order the Fourniers to release information which could assist in the identification of the eight John Does: their email addresses and IP addresses. Justice Kershman ordered them to do so. However on appeal, the Superior Court overturned this decision unless Warman could prove a ''prima facie'' case against the John Does before their information was released.<ref>{{cite web|title=Warman v. Fournier et al, 2010 ONSC 2126|url=http://www.canlii.org/en/on/onscdc/doc/2010/2010onsc2126/2010onsc2126.html|website=CanLII|accessdate=December 12, 2015}}</ref>
The owners of Free Dominion were also sued in a second lawsuit brought by Warman. Also in 2008, Warman sued the Fourniers and eight John Does for libel. As part of this case, Warman asked the court to order the Fourniers to release information which could assist in the identification of the eight John Does: their email addresses and IP addresses. Justice Kershman ordered them to do so. However on appeal, the Superior Court overturned this decision unless Warman could prove a ''prima facie'' case against the John Does before their information was released.<ref>{{cite web|title=Warman v. Fournier et al, 2010 ONSC 2126|url=http://www.canlii.org/en/on/onscdc/doc/2010/2010onsc2126/2010onsc2126.html|website=CanLII|accessdate=December 12, 2015}}</ref>



Revision as of 19:09, 13 December 2015

FD Logo
FD Logo

Free Dominion was a Canadian conservative internet forum. It was inspired by Free Republic in the United States, and some members contribute to both sites. The site used the phrase "Principled Conservativism" to describe its ideology.

Overview

The lead moderators and former owners of the site were Mark and Connie Fournier. Mark Fournier ran in the 2007 Ontario election for the Freedom Party of Ontario in Kingston and the Islands placing last with 137 votes (0.28%).[1]

On December 31, 2005, Free Dominion made news when one of its frequent contributors, Gordon Stamp, resigned as Peter Goldring's campaign manager as a result of comments Stamp had posted on Free Dominion about being open to Alberta separatism under certain circumstances.[2] Goldring was subsequently quoted saying that Free Dominion is "extreme" in its views.[2][3]

In early 2008, the website was sold to Liberty News Service in Panama, with the Fourniers retaining operational control of the website.

Human rights complaint

Free Dominion and Connie and Mark Fournier were the target of regular lawsuits. In July 2007, a complaint was made against Free Dominion before the Canadian Human Rights Commission for posting material perceived to be discriminatory against Muslims.[4][5] The complaint was subsequently withdrawn.

The website and its operators faced a total of five lawsuits.

Defamation suits by Richard Warman

Among the suits against Free Dominion and the Fourniers were four filed by Richard Warman, a prominent human righta lawyer. Three of the suits were for defamation and an additional unsuccessful suit was for copyright infringement. The most prominent defamation suits are as follows:

National Post et al

In April 2008, Warman filed a libel suit against the Fourniers and Free Dominion as well as the National Post columnist Jonathan Kay as well as the newspaper itself, and bloggers Ezra Levant, Kathy Shaidle and Kate McMillan of the Small Dead Animals blog for repeating allegations that Warman was the author of a 2003 internet post regarding Canadian Senator Anne Cools that used racist and sexist epithets. Warman denied that he was the author of the post. The National Post and Kay apologized, retracted the statement and settled out of court with Warman.[6]

In June 2015, Shaidle, Levant and McMillan all settled with Warman in exchange for paying him undisclosed amounts and the issuing public retractions and apologies in which they admitted there was no evidence that the allegations against Warmn were true, leaving the Fourniers as the sole remaining defendants.[7] The trial is pending.

Second libel suit

The owners of Free Dominion were also sued in a second lawsuit brought by Warman. Also in 2008, Warman sued the Fourniers and eight John Does for libel. As part of this case, Warman asked the court to order the Fourniers to release information which could assist in the identification of the eight John Does: their email addresses and IP addresses. Justice Kershman ordered them to do so. However on appeal, the Superior Court overturned this decision unless Warman could prove a prima facie case against the John Does before their information was released.[8]

On August 9, 2013, the case finally began with jury selection. After 10 days of testimony, the jury was charged. On October 2, 2013, the jury found in Warman's favour, awarding him $42,000 in damages, plus costs which were later set at $85,000. Free Dominion closed to the public as a result. On December 11, 2015, the Ontario Court of Appeal upheld the lower court's ruling and awarded Warman an additional $23,000 in costs.[9]

Footnotes

  1. ^ View topic - Mark Fournier Accepts Freedom Party Nomination :: Free Dominion - Principled Conservative - Party and Canadian Politics - Canada Blogs
  2. ^ a b http://www.cbc.ca/story/canadavotes2006/national/2005/12/31/elxn-goldring051231.html CBC News, December 31, 2005
  3. ^ http://www.edmontonsun.com/News/Alberta/2005/12/31/1374452-sun.html Source: Edmonton Sun, December 31, 2005
  4. ^ http://www.thewhig.com/webapp/sitepages/content.asp?contentid=623395&catname=Local%20news&classif= Source: The Kingston Whig-Standard, July 23, 2007
  5. ^ http://www.theglobeandmail.com/servlet/story/LAC.20070725.RIGHTS25/TPStory/National Source: The Globe and Mail, July 25, 2007.
  6. ^ 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.
  7. ^ "Ezra Levant apologizes to human rights lawyer Richard Warman". The Georgia Straight. June 11, 2015. Retrieved June 13, 2015.
  8. ^ "Warman v. Fournier et al, 2010 ONSC 2126". CanLII. Retrieved December 12, 2015.
  9. ^ "Warman v. Fournier, 2015 ONCA 873". CanLII. Retrieved December 12, 2015.