Official notice just came in … Marc Lemire has won his motion to have the complaint against the Freedomsite dismissed! Thanks to the great legal motion written by the famous civil liberties lawyer, Barbara Kulaszka, the “Human Rights” Commission and the complainant withdrew their complaint.
For the first time in Canadian history, we have won a case under Section 13 of the Canadian Human Right Act!
The battle still continues as the case against Marc Lemire is still going to proceed to the “Human Rights” Tribunal, a quasi-judicial proceeding where anything goes (and by “anything” we mean, anything against you!) The Tribunal is a blight on our legal system, where previous rulings have shown — truth is no defence, intent is no defence, hearsay evidence can be accepted.
History of the case
Back in 2004, the Canadian Human Rights Commission ( Canada ’s leading internet censorship agency) received two complaints about content on the Freedomsite (http://www.freedomsite.org) and the Freedomsite message board located at http://chat.freedomsite.org.
The two separate complaints named Marc Lemire in one and the second named “The Freedomsite” which was listed as “www.freedomsite.org and chat.freedomsite.org”
As soon as these cases were referred to the Tribunal, we immediately complained that a legal proceeding can not be brought against domain name as it is simply an electronic address and has no personhood.
In November of 2005, we wrote to the Canadian Human Rights Commission and the complainant that this is trite law and they should withdraw their complaint against “The Freedomsite”
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