NOTE:  Good luck to Marc Lemire. At the very least he's not in Kangaroo court with a poo-flinging monkey for a judge.

Read Mr. Lemire's Factum: Freedomsite - Marc Lemire's Factum
Cross-Posted: Freedomsite Blog
CHRC Blog: Lemire's Factum

On February 15, 2010, Marc Lemire filed his Memorandum of Fact and Law, which documents the ravenous censorship and corruption of the Canadian "Human Rights" Commission.

• The Canadian Human Rights Tribunal reached the proper decision to find Sec. 13 and 54 unconstitutional

• The Tribunal made the correct decision to look at “the real and factual context in which s. 13 existed”.

• The evidence showed beyond doubt that s. 13(1) is not used in a remedial fashion

• CHRC shares information with Police (and never informs the victims), which is an infringement on the rights of Canadians

• Even the Tribunal doesn’t see Sec. 13 as remedial and routinely makes orders which are “symbolic” value as a “public denunciation” of the respondent’s actions. This imports the moral condemnation and stigma which Taylor believed was absent from human rights legislation.

• When the Human Rights Act was established it was directed to telephone hotlines, and Bell Canada received  "common carrier" status and thus could not be harassed.   Yet in the Internet age, ISPs do not have "common carrier" status and thus are subjected to on-going harassment campaigns and threats of legal action to disconnect customers.

1. Internet is a democratizing medium which allows public discourse by people who previously had no means to participate meaningfully in public debates or issues.
2. Newspapers, radio and TV stations and magazines are published on the Internet so that any limitation on freedom of expression on the Internet includes limitations on freedom of the media and the press
3. By failing to provide the basic defences of fair comment, responsible journalism, truth and lack of intent to s. 13(1), in a communications context where the press and media publish daily, the provision is no longer a reasonable limit on freedom of expression including that of the press.
4. Failure to provide the defence of Truth makes Section 13 fail meet the proportionality test of section 1 of the Charter.
5. "hate" is subjective and vague.  It is a subjective human emotion and has no place in law
6. So-called "hate" speech does not cause any “psychological distress” or harm in those voluntarily exposed to it on the Internet.
7. Canada has a general population that deals well with expression, values the right to expression and does not experience the harm that is said to justify s.13(1). Canadians overwhelmingly prefer open debate, not censorship.

 The National Post did a good summary of Lemire's submissions to the Federal Court.