Warman On Tremaine

Yesterday, the a Saskatchewan court threw out hate crime charges against National Socialist Party of Canada leader Terry Tremaine because his case took too long to get to trial. Richard Warman, who was instrumental in bringing the charges against Tremaine, commented as follows this morning on his website:

Is criminal law the answer to hate propaganda?

The Case of Terry Tremaine

Human Rights Complaint

In 2004, I filed a complaint with the Canadian Human Rights Commission alleging that Terry Tremaine of Saskatchewan violated the anti-Internet hate messaging provision found in s. 13 of the Canadian Human Rights Act. Tremaine first denied it was him, then said he was sorry and wouldn’t do it again, then claimed he wasn’t sorry, stood by his hate, and would keep doing it. In February of 2007, the quasi-judicial Canadian Human Rights Tribunal upheld the complaintand ordered Tremaine to stop posting hate on the Internet.

Criminal Complaint

Given the expansion of his online hate propaganda activities, in August of 2006, I filed a complaint with the Regina Police that Terry Tremaine had violated s. 319 of the Criminal Code (willful promotion of hatred). The Canadian Jewish Congress filed a companion complaint in October 2006. Tremaine’s hate propaganda attacked largely the Jewish and black communities, but also the Aboriginal community and all non-whites. Material published by Tremaine to his website advocated genocide and ethnic cleansing.

In June of 2007, Regina Police executed a search warrant on Tremaine’s residence and in January of 2008, Tremaine was ultimately charged with what I understand to be 11 counts of willfully promoting hatred against a variety of groups based on religion, race, ethnic origin, and sexual orientation.

Today, a judge in Saskatchewan stayed the charge ruling that the four years between Tremaine being charged and now violated his right to trial within a reasonable time.

Contempt of Court

Tremaine felt that he was above the law and deliberately disobeyed the 2007 order from the Canadian Human Rights Tribunal to stop posting Internet hate. As a result, contempt of court proceedings were commenced against him and in October 2011, the Federal Court of Appeal found Tremaine in contempt.

Tremaine’s sentencing hearing is scheduled for the week of 9 October in Vancouver.

Bottom line?

The anti-hate provisions of section 13 of the Canadian Human Rights Act are the only reason Tremaine has been held accountable for his poison calling for ethnic cleansing and publishing material advocating genocide (that continues to this day). The Conservative government is in the process of repealing s. 13 – they can prevaricate all they want, but the Conservatives are soft on hate crime, they betray the religious and minority communities they court, and their actions lend comfort and support to the politics of hate.

I would just note in regards to this last paragraph that the Harper Tories have promised to beef up  criminal code provisions against hate speech to replace powers lost in the repeal of S13.  They have done nothing thus far.