Athanasios Hadjis adjudicated the Warman V. Lemire case, the decision for which came down today:
I have determined that Mr. Lemire contravened s. 13 of the Act in only one of the instances alleged by Mr. Warman, namely the AIDS Secrets article. However, I have also concluded that s. 13(1) in conjunction with ss. 54(1) and (1.1) are inconsistent with s. 2(b) of the Charter, which guarantees the freedom of thought, belief, opinion and expression. The restriction imposed by these provisions is not a reasonable limit within the meaning of s. 1 of the Charter.
This case has dragged on forever, but in the end, Member Hadjis did the right thing and stood for freedom. No comment at this time from Chief Kangaroo, Jennifer Lynch.
However, we on the side of freedom offer Mr. Hadjis this token of our esteem for bucking the trend:
While ol’ Jenny has managed to keep her whining trap shut, the other professional whiners at the Canadian Jewish Congress are moaning about their personal hero (and proxy) Richard Warman not getting any booty from this pirating of freedom.
“The Supreme Court of Canada clearly ruled that s. 13 was constitutional long before the penalty provisions were added to it. As such, Mr. Hadjis should have simply ignored the penalty provisions and applied the appropriate cease and desist order against Mr. Lemire,” he added.
Read the whole thing at Scaramouche.
It will be interesting to see if the Canadian Human Rights Commission decides to appeal its own member’s decision in a real court, as is their option to do so. However, I believe that Hadjis made the decision he made in order to keep Lemire out of a real court. Marc Lemire has been itching to get in front of a real judge with real mandate, and demand that real rules of discovery be imposed.
Congratulations Marc, on your victory over tyranny. You’re an unusual poster boy and a strange bedfellow for the rest of us free-speechers, but I celebrate with you and for you this day. You have achieved a great victory for freedom in Canada: The CHRC is begining to eat itself.
“Hope at last….Hope at last…..
Thank GOD ALMIGHTY, there is HOPE at LAST!”
Now that’s what I call “Change We Can Believe In”
I wonder if Lemire might be a little disappointed that now he can`t get the case before a real judge on appeal where if he won he could recover costs. This must have cost him a fortune and now he has no way to recover any of it. Can he file wrongful prosecution in civil court against the HRC`s?
To sound, for a moment, like the coward Lynch: the Tribunal is seperate from the Commission. The Commission is the Crownand the Tribunal the Court.
Interesting, Hadjis made a decision which is very likely to send Lemire to a real Court. He could have simply dismissed all the stupid Warman whines and had done with it. But he didn’t. He let one stand and then refused to grant orders or penalties on Charter grounds. This was clever as if he had dismissed generally his remarks on how the enforcement of s. 13 has violated the Charter would have been nothing but opinion.
Hadjis has had enough and he has basically ensured that s. 13 is dead. Too bad he did that on the absolute deadest news day of the year.
When you find wyourself in conflict with a neo-nazi and many reasonable people side with the neo nazi, it should be an indication that you need to engage in some serious self reflection. Either that or just put the barrel of a gun in your mouth. Personally, I don’t care which choice Jennifer Lynch makes. Either way, society comes out a winner.
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