The CHRT decision Warman vs. Lemire came down this morning. Don't have much time to write about it today, but a quick response/fake lawyer opinion:
1) S.13(1) itself is safe, ie. constitutional as per the Taylor decision.
2) The various penalty provisions outlined in S.54(1), which I believe were added to the act later on (1998?), taken in conjunction with 13(1), infringed Lemire's rights under 2(b) of the Charter. Commissioner Hadjis felt that the fact that the CHRC pursued Lemire after he had "amended" his behavior and pulled down the offending material was not in accordance with the "conciliatory" nature of the Canadian Human Rights Act. Short term result: Lemire was guilty of breaching S.13 but no remedial order will be issued against him.
3) Don't know how this will affect Abrams vs. Topham and The Radical Press or future S.13 cases. If I were to guess, I would say that in future the CHRC might have to drop cases where the hate messages which inspired the complaint have been removed by their author/publisher. It won't have any effect on the various Warman vs. whoever lawsuits going forward.
Will add more to this when I am able.