Direct Link to Latest News
Tribunal Halts Zionist Complaint Vs Henry Makow
May 28, 2010
In a ruling dated May 26, 2010,
Tribunal Member Edward Lustig adjourned a Section 13 complaint file by
the Canadian Jewish Congress against Henry Makow until a final decision
in the Lemire case.
[Makow insert: This is a great victory for the cause of freedom. If the Lemire case goes to the
Supreme Court of Canada, it will
probably take about 6 years. If he wins, that is the end of the Jewish
Congress/Bnai Brith complaints
against Lemire, Makow, Arthur Topham and other truth seekers. To support Marc Lemire's case, send a checque made out to
"Marc Lemire" at the following address: Marc Lemire, 152 Carlton Street PO Box 92545 Toronto, Ont. Canada M5A2K1 -- I owe Marc my freedom of speech and I will be supporting his case. Money has been difficult to raise. We also owe respect and gratitude to his brilliant, tireless, dedicated lawyer, Barbara Kulaszka who also represents me. She challenged the constitutionality of Canadian "hate speech" laws and won.]
| | I have reviewed the
submissions of the parties and have concluded that it would be appropriate and would properly serve the
interests of justice if this matter was adjourned. While
the Supreme Court of Canada has ruled in Canada (Human Rights Commission) v. Taylor, 1990 3 S.C.R.
892 that s. 13 (1) of the CHRA
is constitutional, the application now before the Federal Court seeks
to bring clarity to this issue in view of the distinct factual and
legal context giving rise to this Tribunal's decision in Warman v. Lemire. Clearly Member Hadjis' decision goes beyond
the consideration alone of the penalty provisions in s. 54 of the CHRA, as he chose not to "read
out" the penalty provisions and preserve s. 13 of the CHRA. It is now up
to the Federal Court to determine the operability of s. 13 of the CHRA. This will achieve the
clarity that the Commission has indicated and that I agree is desirable
in order to allow the Tribunal to be able to determine this and other
cases brought under s. 13 of the CHRA.
 For these reasons I hereby adjourn these
proceedings sine die
pending the final outcome in the Warman
v. Lemire case.
To understand how
important today's ruling was, here is a bit of background of censorship
regime used by the "human rights" enforcers.
censorship legislation is broken up into two distinct parts.
1. Canadian Human Rights Commission The
first part is run by the fanatics at the Canadian Human Rights
Commission (CHRC). They accept complaints from the public, investigate
them and send them onto an "impartial" Tribunal to determine if the
person actually violated the act. (unless
of course you're a hate promoting friend of the CHRC, in which
case, they toss out the complaint). Only the CHRC can send a case to
the Tribunal. There is no direct access method.
2. Canadian Human Rights Tribunal The
second part is a hearing before the Canadian Human Rights Tribunal
(CHRT). The Tribunal operates basically as a pseudo-court, and makes
determinations on all issues before it. The hearing process is sort of
free wheeling and made up as they go along. At the Tribunal basic human
rights mean little. For instance, Truth is No Defence - intent is no
defence. The complainant doesn't even have to show up at his own
Think of it this
way. The CHRC are the prosecutors and the CHRT are court.
What today's ruling
means, is that the CHRC will continue on in their mission of fanatical
censorship and totalitarianism, BUT when the CHRC refers a case to the
Tribunal, the Tribunal will adjourn the case "sine die", until a final
decision is reached in the Lemire
case. That final decision might end up at the Supreme Court of
Canada, and take up to 6 more years.
There is one other
high profile case currently before the Tribunal. This is the case of B'nai Brith and Harry Abrams vs the Radical
Press and Author Topham. It is expected that a decision
will be released shortly also adjourning this case "sine die" pending the
final outcome of the Lemire
By stopping the
Tribunal hearings, the CHRT has signaled that it will not be putting
respondents through a lengthy meat grinder like prosecution at the
behest of special interest groups.
The Tribunal member
in this case was Edward Lustig (left.) He came to light in a recent ruling in
the Ouwendyk case, where he slammed
Serial complainant Richard Warman.
it is possible that his activity in this regard, could have precipitated further hate messages
in response. His explanation for including other hate messages in his
postings by mistake seems very weak
in this case of his [Richard Warman's] participation on Internet sites
similar to the Northern Alliance site is both disappointing and disturbing. It
diminishes his credibility."
In today's decision,
the Tribunal also left a nice parting shot on the CHRC. Tribunal member
Lustig used the CHRC's own press release against them to stop
enforcement of Section 13.
Comments for "Tribunal Halts Zionist Complaint Vs Henry Makow "