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	<title>Comments on: Canadian Speech Laws Being Used to Punish Bloggers</title>
	<atom:link href="http://donklephant.com/2008/04/11/canadian-speech-laws-being-used-to-punish-bloggers/feed/" rel="self" type="application/rss+xml" />
	<link>http://donklephant.com/2008/04/11/canadian-speech-laws-being-used-to-punish-bloggers/</link>
	<description>Big Teeth. Huge Ass. Surprisingly Reasonable.</description>
	<pubDate>Fri, 29 Aug 2008 04:55:58 +0000</pubDate>
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		<title>By: Saskboy</title>
		<link>http://donklephant.com/2008/04/11/canadian-speech-laws-being-used-to-punish-bloggers/#comment-397219</link>
		<dc:creator>Saskboy</dc:creator>
		<pubDate>Sat, 26 Apr 2008 16:04:12 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5205#comment-397219</guid>
		<description>I was going to add what Mark did. This case is about libel, not human rights political speech.</description>
		<content:encoded><![CDATA[<p>I was going to add what Mark did. This case is about libel, not human rights political speech.</p>
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		<title>By: Alan Stewart Carl</title>
		<link>http://donklephant.com/2008/04/11/canadian-speech-laws-being-used-to-punish-bloggers/#comment-396120</link>
		<dc:creator>Alan Stewart Carl</dc:creator>
		<pubDate>Mon, 14 Apr 2008 00:40:26 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5205#comment-396120</guid>
		<description>Courts punish. People bring lawsuits. I don't think the sentance was incorrect and I'd hoped the rest of the piece made clear that it wasn't the courts acting independently but the actions of Warman who were leading the charge.

And, from my understanding, it's not "libel" in our American sense. It's "hate speech" that's at the core of the suit. It may be cast as "libel" but that requires an interpretation of the word far broader than American law, because of the 1st Amendment, would ever allow.</description>
		<content:encoded><![CDATA[<p>Courts punish. People bring lawsuits. I don&#8217;t think the sentance was incorrect and I&#8217;d hoped the rest of the piece made clear that it wasn&#8217;t the courts acting independently but the actions of Warman who were leading the charge.</p>
<p>And, from my understanding, it&#8217;s not &#8220;libel&#8221; in our American sense. It&#8217;s &#8220;hate speech&#8221; that&#8217;s at the core of the suit. It may be cast as &#8220;libel&#8221; but that requires an interpretation of the word far broader than American law, because of the 1st Amendment, would ever allow.</p>
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		<title>By: Dos</title>
		<link>http://donklephant.com/2008/04/11/canadian-speech-laws-being-used-to-punish-bloggers/#comment-395988</link>
		<dc:creator>Dos</dc:creator>
		<pubDate>Sat, 12 Apr 2008 05:00:19 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5205#comment-395988</guid>
		<description>MW - you're simply incorrect.  Yes, libel is a count to these charges, but he's also using Section 13 of the Canadian Human Rights Acts, to wit:

&lt;blockquote&gt;Section 13 of the Canadian Human Rights Act (the Act) empowers the Commission to deal with complaints regarding the telephonic transmission of hate messages:

13. (1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that person or those persons are identifiable on the basis of a prohibited ground of discrimination.&lt;/blockquote&gt;

Furthermore, Warman was the lead investigator AND prosecutor of the HRC.  To say the HRC has nothing to do with it is preposterous since that is where the cases are being investigated and heard.</description>
		<content:encoded><![CDATA[<p>MW - you&#8217;re simply incorrect.  Yes, libel is a count to these charges, but he&#8217;s also using Section 13 of the Canadian Human Rights Acts, to wit:</p>
<blockquote><p>Section 13 of the Canadian Human Rights Act (the Act) empowers the Commission to deal with complaints regarding the telephonic transmission of hate messages:</p>
<p>13. (1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that person or those persons are identifiable on the basis of a prohibited ground of discrimination.</p></blockquote>
<p>Furthermore, Warman was the lead investigator AND prosecutor of the HRC.  To say the HRC has nothing to do with it is preposterous since that is where the cases are being investigated and heard.</p>
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		<title>By: Blazingcatfur</title>
		<link>http://donklephant.com/2008/04/11/canadian-speech-laws-being-used-to-punish-bloggers/#comment-395980</link>
		<dc:creator>Blazingcatfur</dc:creator>
		<pubDate>Sat, 12 Apr 2008 00:31:19 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5205#comment-395980</guid>
		<description>Thanks for the support Alan. Send Lawyers Guns and Money.</description>
		<content:encoded><![CDATA[<p>Thanks for the support Alan. Send Lawyers Guns and Money.</p>
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		<title>By: MW</title>
		<link>http://donklephant.com/2008/04/11/canadian-speech-laws-being-used-to-punish-bloggers/#comment-395978</link>
		<dc:creator>MW</dc:creator>
		<pubDate>Sat, 12 Apr 2008 00:02:05 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5205#comment-395978</guid>
		<description>"Currently, the “Human Rights Courts” in Canada are busy punishing conservative Canadian bloggers because of their opinions."

Um... no the HRC is not doing that. Richard Warman is suing the aforementioned bloggers for Libel. It's a tort. It's got nothing to do with the HRC.</description>
		<content:encoded><![CDATA[<p>&#8220;Currently, the “Human Rights Courts” in Canada are busy punishing conservative Canadian bloggers because of their opinions.&#8221;</p>
<p>Um&#8230; no the HRC is not doing that. Richard Warman is suing the aforementioned bloggers for Libel. It&#8217;s a tort. It&#8217;s got nothing to do with the HRC.</p>
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		<title>By: mark Francis</title>
		<link>http://donklephant.com/2008/04/11/canadian-speech-laws-being-used-to-punish-bloggers/#comment-395976</link>
		<dc:creator>mark Francis</dc:creator>
		<pubDate>Fri, 11 Apr 2008 23:32:27 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5205#comment-395976</guid>
		<description>Warman is suing for libel. Now, Canada's libel laws are a mess, and I am an advocate for reform, but Warman is suing bloggers arguing that a key piece of evidence attributed to him as author, is, he claims, not authored by him.

The piece is a racist piece directed against Canada's first black senator.

Even in America, with its First Amendment, one can launch a tort of defamation over something like this.

You can disagree with the Human Rights Commissions -- I think they are wandering into territory not intended -- but the lawsuit is not about the appropriateness of the commissions. The defendants maybe trying to make that connection, but it's a red herring.

I am being sued for libel myself, by the way, over online political actions in the Green Party of Canada. I consider the suit without merit, and have many criticisms of Canada's antiquated libel laws. 

But falsely attributing racist writings to a human rights lawyer sounds actionable to me, if true.

Oh, our Prime Minister recently sued the Official Opposition for libel for printing what was spoken in Parliament, and repeated throughout the media. A lot of these same characters screaming murder over Warman's libel suit support the PM's vexatious libel suit.

Hypocrites.</description>
		<content:encoded><![CDATA[<p>Warman is suing for libel. Now, Canada&#8217;s libel laws are a mess, and I am an advocate for reform, but Warman is suing bloggers arguing that a key piece of evidence attributed to him as author, is, he claims, not authored by him.</p>
<p>The piece is a racist piece directed against Canada&#8217;s first black senator.</p>
<p>Even in America, with its First Amendment, one can launch a tort of defamation over something like this.</p>
<p>You can disagree with the Human Rights Commissions &#8212; I think they are wandering into territory not intended &#8212; but the lawsuit is not about the appropriateness of the commissions. The defendants maybe trying to make that connection, but it&#8217;s a red herring.</p>
<p>I am being sued for libel myself, by the way, over online political actions in the Green Party of Canada. I consider the suit without merit, and have many criticisms of Canada&#8217;s antiquated libel laws. </p>
<p>But falsely attributing racist writings to a human rights lawyer sounds actionable to me, if true.</p>
<p>Oh, our Prime Minister recently sued the Official Opposition for libel for printing what was spoken in Parliament, and repeated throughout the media. A lot of these same characters screaming murder over Warman&#8217;s libel suit support the PM&#8217;s vexatious libel suit.</p>
<p>Hypocrites.</p>
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		<title>By: TerenceC</title>
		<link>http://donklephant.com/2008/04/11/canadian-speech-laws-being-used-to-punish-bloggers/#comment-395973</link>
		<dc:creator>TerenceC</dc:creator>
		<pubDate>Fri, 11 Apr 2008 23:16:13 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5205#comment-395973</guid>
		<description>Not to be a contrarian  Alan, although I appear to be taking on that role, I agree with the post but not the conclusion. We have just as many problems here, if not worse actualy since our media appears to be very add revenue driven, rather than fact driven. See this url for some interesting reading. 

http://www.theinsider.org/news/article.asp?id=567

I agree with freedom of speech, I respect people's opinions by and large - but I must confess that seeing a right wing'd bloviator get slapped down is very pleasing to me personally.</description>
		<content:encoded><![CDATA[<p>Not to be a contrarian  Alan, although I appear to be taking on that role, I agree with the post but not the conclusion. We have just as many problems here, if not worse actualy since our media appears to be very add revenue driven, rather than fact driven. See this url for some interesting reading. </p>
<p><a href="http://www.theinsider.org/news/article.asp?id=567" rel="nofollow">http://www.theinsider.org/news/article.asp?id=567</a></p>
<p>I agree with freedom of speech, I respect people&#8217;s opinions by and large - but I must confess that seeing a right wing&#8217;d bloviator get slapped down is very pleasing to me personally.</p>
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