22
Apr
08

Canaries in the Coal Mine

Some of you may not know the name Richard Warman but he may cause you to delete your Blogger account:

Linking one blog to another and allowing comments on her blog postings has landed one prominent Saskatchewan blogger in a legal quandary.

Kate McMillan of Small Dead Animals is one of several named as defendants in a statement of claim filed by Richard Warman with the Ontario Superior Court on April 7. Others include Ezra Levant, the National Post and one of its journalists, Jonathon Kay.

In the statement of claim, Warman alleges he was defamed on a blog known as freedominion.ca. He alleges that those comments were linked to or commented upon on other blogs, including McMillan and the National Post’s.

This round of lawsuits stems from criticism of Warman’s earlier lawsuits via the Canada Human Rights Commission:

A complaint to police alleges that federal human-rights investigators used an unwitting woman’s wireless Internet connection to log on to white supremacist websites and make postings to chat groups.

The complaint to the RCMP and Ottawa police was made this week by Toronto resident Mark Lemire, who runs a website that has been the subject of a long-standing hate case before the Canadian Human Rights Commission.

Among other things, Lemire’s complaint alleges that commission investigators breached sections of the Criminal Code by “wilfully and with malicious intent” using the woman’s connection without authorization and “committed theft of telecommunication service.”

Lemire’s freedomsite.org website, started in 1995, became the subject of a commission hearing in 2003 after Ottawa lawyer Richard Warman complained that postings on the site promoted hatred or could subject a group to contempt.

So far the following bloggers have been targeted:

  1. Ezra Levant
  2. Kate McMillan (Small Dead Animals)
  3. Free Dominion (two members)
  4. Kathy Shaidle (Five Feet of Fury)

Jack (Jack’s NewsWatch) has created a thread for those who want to contribute to the defense fund for bloggers targeted by Warman. Chances are most donations will come from supporters who agree with the bloggers’ views, which could be best described as anti-immigrant and extremely critical of Islam. Kathy has a strong penchant for attacking blacks while Ezra hawkishly stalks Muslim groups for even the slightest confrontational statement. The large percentage of Canadians, who tend to value tolerance, may not see a problem with suing a handful of bloggers who profit from whipping up nationalist sentiment.

However, one needs to look at the big picture before saying “good riddance” to a few extremists. Suppose Warman and the HRC successfully sue the current crop of bloggers. Who’s next? Any of us could be next, so long as we dare to say anything even slightly critical of an activist group that declares itself to speak for a demographic group. For instance, Emilia’s article on the Hijab was followed by a rather heated discussion between two of my long-term readers and a Muslim poster named Insha Marri. My readers disagreed with the use of the hijab, arguing it was oppressive to women. Insha sharply disagreed and the ensuing exchange wasn’t friendly. Do my readers’ opposition to a devout Muslim practice qualify as “hate speech” and, if so, am I on the hook for their comments?

So far the answer to both questions is no but there is a very limited number of open neo-nazis and cultural supremacists in Canada. To stay employed, full-time activists like Warman need to continuously find new enemies and launch lawsuits. This eventually will mean having to lower the bar on what constitutes “hate speech”. The current standard of open denigration will soon be lowered to principled opposition and eventually to failed compliance. When failed compliance with a special interest group’s agenda puts bloggers in danger of a lawsuit then independent thought itself is in danger. All of us will be potential targets, not just the far right. Equally hateful statements by the activist groups themselves could go unpunished, as they first aligned with the HRC.

Canada’s treatment of those who hold unpopular opinions must be monitored alongside its treatment of demographic minorities, as both are an indication of the actual freedoms we enjoy in this nation. Both groups represent the proverbial canaries in the coal mine when the government starts to overstep its bounds and use the charter as a sword against dissidence rather than a shield against abuse.

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5 Responses to “Canaries in the Coal Mine”


  1. 1 Joanne (TB) Apr 23rd, 2008 at 8:49 pm

    Disturbing but accurate observation.

    What I’m trying to understand, is what exactly is the goal of Warman et al? Is it money or the stifling of free speech? Or both?

    Both groups represent the proverbial canaries in the coal mine when the government starts to overstep its bounds and use the charter as a sword against dissidence rather than a shield against abuse.

    Very well said.

  2. 2 Cynapse Apr 23rd, 2008 at 11:49 pm

    Hi Joanne:

    Warman’s goal has been somewhat of a mystery. Most of the bloggers under attack are known only in their tight political circles which are already known for their black & white view of the world. Ezra and Mark have been pestered by Muslim groups in the past but I’m not aware of the other bloggers being targeted. Moreover, Warman doesn’t seem to have any close connections to activists groups. I have a guess about this, but we can take it off-line, lest we get sued.

  3. 3 Joanne (TB) Apr 24th, 2008 at 6:23 pm

    Good plan about taking it off line. No use providing fresh meat for the vultures. ;)

  4. 4 Jack Apr 25th, 2008 at 5:36 pm

    “Get sued????”

    In Canada, the loser has to pay all legal costs, unlike the US. Much to think about there and I’m not holding my breath. Here’s another thought for what it’s worth.

    “I know where you live!”

    Think about that and our Charter.

    And be afriad — VERY afraid!

  1. 1 Cynapse: Canaries in the Coal Mine | Jack's Newswatch Pingback on Apr 22nd, 2008 at 10:54 am

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