Last Friday, Richard Warman won another significant human rights case dealing with the expression of hate on the internet. The case, Beaumont versus Warman, was heard before the Canadian Human Rights Tribunal. Many papers covered the story, also seen on the CP newswire.
There are a couple of interesting points in the decision that I think are worthwhile highlighting. At the core was a finding that Jessica Beaumont, a self proclaimed “full-time” Nazi, had contravened Section 13 of the Canadian Human Rights Act:
13. Hate Messages
- 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 that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
- For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.
Among the key points in S. 13 is the need to find repeated discriminatory communications. The Tribunal has found in the past that material communicated via the Internet is repeated communication, by virtue of the web’s nature, allowing anyone connected on-line to “surf” to a website and view the material. In this case, the offender knew the difference between web posting and private messages and the Tribunal had no trouble finding that the material was knowingly being communicated repeatedly.
There are three parts to the remedies:
- An order to cease;
- Special compensation of $3000 to Mr. Warman for her postings about him; and
- A penalty of $1500.
The offender is 21 years old, lives at home and has a job as a salesperson earning $10.50 per hour. The financial penalties are significant for her (in the order of 3 months pay).
There is an interesting discussion of the order for her to cease the discriminatory posting in accordance with Section 54(1)(a) of the Act.
Mr. Warman and the CHRC sought a “permanent order to have Ms. Beaumont cease the discriminatory practice of communicating hate messages through the Internet or other federal communications undertaking”. The defendant argued that a “permanent” order would be a “penalty…for life”, that Ms. Beaumont would have to be forever careful in expressing political or religious views on the Internet for fear of finding herself in contempt and possibly going to jail. Her aide, Paul Fromm, suggested that the scope of any such order should be limited in time, to perhaps five years. He argued that otherwise, she would essentially be silenced forever from making political or religious statements on the Internet.
The tribunal disagreed.
A “cease and desist” order essentially puts respondents on notice that messages of the sort that they have previously communicated are in breach of the Act and that they should not repeat the practice. As such, the order merely reiterates what has already been articulated in the Act, i.e. that communicating messages falling within the meaning of s. 13 is a discriminatory practice. Mr. Fromm’s submission presupposes that the Act is ambiguous and that Ms. Beaumont will somehow unknowingly fall into a trap that leads to contempt charges being laid against her. These concerns are unfounded. According to the Supreme Court in Taylor, there is no ambiguity to be found in the language of s. 13, and the numerous decisions that have been rendered since, regarding this provision, should serve to inform Ms. Beaumont when considering what sort of material she can communicate over the Internet without offending s. 13. Moreover, she will have the “benefit” of a decision relating to her own prior Internet postings, to further inform her future communications.
As such, the permanent order to cease was issued.
Technorati Tags:
Richard Warman, CHRC