Legal and Human Rights Issues
In August 2006, a Canadian Human Rights Tribunal found that postings by Craig Harrison on the Freedom-Site forum (an interactive message forum on Lemire's website) contained violations of Section 13 of the Canadian Human Rights Act. No liability was found against Lemire, although the Tribunal did issue a decision that "compelled" Lemire to provide evidence during the hearing. A total of eight people in Canada viewed the material.
A complaint was also laid against Lemire for allegedly "communicating and/or causing to be communicated" messages in violation of section 13 of the Canadian Human Rights Act. Hearings before the Canadian Human Rights Tribunal began February 2007.
On November 25, 2005, Lemire filed a Notice of Constitutional Question with every Attorney General in Canada, against the Canadian Human Rights Act, in which he challenged the constitutionality of sections 13 (Internet hate) and 54(1)(1.1) (Fines) of the Canadian Human Rights Act. Specifically he argued that they are in violation of ss. 2(a) and (b), 7, 26 and 31 of the Canadian Charter of Rights and Freedoms. A violation of ss. 1(d) and (f) of the Canadian Bill of Rights is also alleged. As a result of the constitutional challenge, the Canadian Free Speech League, the Canadian Association for Free Expression, the Attorney General of Canada, The Canadian Jewish Congress, B'nai Brith Canada and the Simon Wiesenthal Centre have all obtained "Interested Party Status" in the case.
On September 2, 2009, Hadjis found Section 13 of the Canada Human Rights Act unconstitutional, and refused to impose a penalty on Lemire. 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. As a result, the ruling is not binding beyond the Lemire case.
Two previous decisions of the CHRT (first by a 2-member panel, and later by Chair Grant Sinclair) considered the same challenges to the amendments by the same respondents in Lemire's case - Paul Fromm in #2 and Douglas Christie / Barbara Kulaszka (and Lemire having applied and been rejected as an intervenor) in #1 - and found them constitutional.
Read more about this topic: Marc Lemire
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