Summary of Past Tribunal Decisions on Section 13 cases

Updated: November 1, 2007

Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
20-Jul-79 T001/0179 John Ross Taylor CANADIAN HOLOCAUST race and religion Complaint “We therefore order the Respondents to cease their Cease and Decist White poor No – 70s Eccentric person.
REMEMBRANCE ASSOCIATION, upheld discriminatory practice of using the telephone to Order issued Represented -JRT Continued his messages after
DAVID S. SMITH, communicate repeatedly the subject matter which has himself CHRT decision and went to jail for
TORONTO ZIONIST COUNCIL, formed the contents of the tape-recorded messages 9 months
1 and AJALON LODGE referred to in the complaints.” Quoted from Ruling

20-Jul-79 T001/0179 Western Guard same as JRT race and religion Complaint Same as JRT Cease and Decist poor No – JRT
upheld Order issued Represented
Western Guard

25-Jul-89 T149/0788 TERRY LONG Mr. Robert Nealy of Edmonton,
Alberta, Mr. Carmen Wallace of
Blackfalds, Alberta, Ms. Deborah
Glaser and Mr. Kenneth Wasserman of
Edmonton, Alberta and Mr. David
Goldberg of Toronto. Ms. Glaser, Mr.
Wasserman and Mr. Goldberg are
race, colour, national or Complaint “We order the respondents Terry Long, Randy Cease and Decist White No - None of
ethnic origin and upheld Johnston and the Church of Jesus Christ Christian- Order issued these
religion. Specifically: Aryan Nations, to cease the discriminatory practice of respondents
Jews, Vietnamese, communicating telephonically or causing to be so chose to appear
Tamils, Sikhs communicated, repeatedly, matter of the type at the hearing
complained of in this case, i. e. which is likely to
expose a person or persons to hatred or contempt by

2 employees or members of B’Nai Brith,

Canada.
reason that that person or those persons are
identifiable on the basis of race, national or ethnic
origin, colour or religion and, in the event that the
messages of this type are not currently being
communicated, to refrain from such action in the
future.” Quoted from Ruling

25-Jul-89 T149/0788 RANDY Same as Terry Long Same as Terry Long Complaint Same as Terry Long Cease and Decist White No - Did not 20's
JOHNSTON upheld Order issued appear

25-Jul-89 T149/0788 CHURCH OF Same as Terry Long Same as Terry Long Complaint Same as Terry Long Cease and Decist No - Did not
JESUS CHRIST upheld Order issued appear
CHRISTIAN-
ARYAN
NATIONS

16-Dec-92 T295/0992 WILLIAM LEAGUE FOR HUMAN RIGHTS race, colour, national or Complaint “This Tribunal orders the respondent William (Bill) Cease and Decist White No - Did not 30s
(BILL) JAMES B'NAI BRITH CANADA (MIDWEST ethnic origin and upheld James Harcus and the respondent The Manitoba Order issued appear
HARCUS REGION) religion, Knights of the Ku Klux Klan and any other
MANITOBA COALITION AGAINST individuals who are members of or act in the name of
RACISM AND APARTHEID, INC. the Knights of the Ku Klux Klan, to cease the
(Helmut-Harry Loewen, Chairperson,) discriminatory practice of communicating
WADE TUDOR WILLIAMS telephonically or causing to be communicated
MANITOBA INTERCULTURAL telephonically by means of the facilities of a
COUNCIL telecommunication undertaking within the legislative

3 authority of Parliament, matters of the type

complained of in this case, i.e. which is likely to
expose a person or persons to hatred or contempt by
reason that that person or those persons are
identifiable on the basis of race, national or ethnic
origin, colour, religion or sexual orientation and, to
refrain from any such action in the future, anywhere
within Canada.”

Page 1 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
16-Dec-92 T294/0892 MANITOBA Same as Harcus Same as Harcus Complaint Same as Harcus Cease and Decist No - Did not
KNIGHTS OF upheld Order issued appear
THE KU KLUX
KLAN
25-Jan-93 Wolfgang March 94 exact order unknown, From HF Report: Oct. 93. [1994] 1 F.C. White poor No - Ken Ernst Messages in Aug. and Dec. 91
Droege Agreement Nevertheless, the courts ruled that the hotline should 203, injunction and Grant lead to complaints filed with
reached with not address issues of any consequence until the from the Federal Bristow made Canadian Human Rights
Human Human Rights Tribunal has reached a judgment. Court to prevent up defence Commission.
Rights Nov. 93 New charges brought by Human Rights the spread of team Complaints was acted upon in
Commission Commission for violating spirit of October ruling in telephonic hate Spring ‘92 . A Human Rights
on original Federal Court by undermining their decision in messages Tribunal was requested.
complaint in opening second hotline. May 95 - New contempt of [1994] 3 F.C. Prior to establishment of tribunal,
which court charge by Human Right commission at the 710, found guilty injunctions were invoked to ensure
Wolfgang behest of the Canadian Jewish Congress, alleging of contempt HF messages conform to Human
Droege and hotline message promotes hatred against identifiable was fined $5,000 Rights Code. 25 Jan 1993 First
the Heritage
4 Front agreed
to abide by
groups. The message had criticised the CJC in it’s
efforts to track down so-called war criminals
and the
individual
respondents
date before the Human Rights
Tribunal, rioting by opponents in
Nathan Phillips Square.
Canadian were sentenced
Human to terms of
Rights Code. imprisonment
. ranging from
one to three
months.

25-Jan-93 Heritage Front same as Wolfgang Droege same as Wolfgang Droege consent order
and agreed to
cease and desist
from
transmitting the
messages
19-Aug-93 T-42069 and Knights of the Canadian Jewish Congress (Signed by Religion (Jewish) [CJC] Respondent [That the respondents] Cease from communicating Kevin Lew White No This ruling is not on the CHRT's
T-42071 and Ku Klux Klan Bernie Farber) AND Kyle Rae AND and Sex (Sexual agreed to telephonically or causing to be communicated agreed to a cease website. Received under access to
T-42073 and/or National Urban Alliance of Race Relations Orientation) [Kyle Rae] Cease and telephonically by means of the facilities of a and decist order information request from Tribunal
Knights Network and National or Ethnic decist telecommunications undertaking within the legislative on April 18, 2007
of the KKK Origin and colour authority of Parliament, any matter that is likely to
No [Urban Alliance] expose a person or persons to hatred or contempt by
reason of the fact that that person or those persons
CHRT
are identifiable on the basis of race, national or
hearings
ethnic origin, colour, religion, or sexual orientation
and, to refrain from any such action in the future,
anywhere within Canada.

19-Aug-93 T-42070 and Kevin Lew Canadian Jewish Congress (Signed by Religion (Jewish) [CJC] Respondent same as Knights of the Ku Klux Klan and/or National Kevin Lew White From Ruling: WHEREAS the
T-42072 and Bernie Farber) AND Kyle Rae AND and Sex (Sexual agreed to Knights Network of the KKK agreed to a cease respondent, Kevin lew has
T-42074 Urban Alliance of Race Relations Orientation) [Kyle Rae] Cease and and decist order admitted a violation of section
and National or Ethnic decist 13.(1) of the Canadian Human
Origin and colour Rights Act, in that he was the
[Urban Alliance] founder of the national Knights
Network of the Ku Klux Klan, and
he operated the message line
which is the subject of the
complaints, and whereas kevin
Lew has agreed to cease and
desist from operating the message
line in the future
Page 2 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
9-Sep-93 T292/0692 CANADIAN AZIZ KHAKI (President of the Derek J. Peterson and Complaint “Accordingly, we order that Derek J. Peterson, the Cease and Decist White poor Yes – Doug Third complainant in case was -
LIBERTY NET Committee for Racial Justice), the Canadian Liberty upheld Canadian Liberty Net, by themselves or by their Order issued Christie, but CHARAN GILL - but he never
MICHAEL ELTERMAN (Chairman of Net discriminates servants, agents, volunteers, co-operants, or withdrew a few bothered to show up. From
the Canadian Jewish Congress, Pacific against Jewish and non- otherwise anyone having knowledge of this order, days before the ruling: "In light of the fact that
Region.) white person on the cease the discriminatory practice of communicating end of the Mr. Gill did not appear personally
grounds of national or telephonically or causing them to be so hearing or by counsel and failed to give
ethnic origin, race, communicated, repeatedly, matter or messages of the any evidence in support of his
colour and religion, type complained of in this case, which is likely to complaint, his complaint is hereby
expose a person or persons to hatred or contempt by dismissed. " The respondents were
reason that that person or those persons are found guilty of contempt of court
5 identifiable on the basis of race, national or ethnic
origin, colour or religion, and in the event that the
for disobeying an injunction:
[1992] 3 F.C. 504. The individual
matter or messages of this type are not currently respondent was sentenced to two
being communicated, to refrain from such action in months' imprisonment and a
the future.” $2,500 fine. The organization,
Canadian Liberty Net, was fined
$5,000.

9-Sep-93 T291/0592 DEREK J. Same as Canadian Liberty Net visible minorities on the Complaint Same as Canadian Liberty Net, although it was Cease and Decist No - Did not 20s (Tony
PETERSON (T292/0692) grounds of upheld revealed during the hearing that Derek J. Peterson Order issued appear Mcleer)
colour and national or does not exist and was a fake name
ethnic origin,
27-Jan-94 T360/0793 Canadian Liberty JOHN PAYZANT "discriminated against Complaint This Tribunal orders the respondent, Tony McAleer Cease and Decist White poor No
Net me and gays and upheld and the respondent, Canadian Liberty Net and any Order issued
lesbians on the ground other individuals who are members of, or act in the
of sexual orientation by name of, or in concert with Tony McAleer or
repeatedly Canadian Liberty Net, to cease the discriminatory
communicating, or practice of communicating telephonically or causing
causing to be to be communicated telephonically by means of the
communicated, facilities of a telecommunication undertaking within
telephonic messages the legislative authority of Parliament, matters of the
which exposed us to type complained of in this case, i.e. which is likely to

6 hatred and contempt," expose a person or persons to hatred or contempt by

reason that that person or those persons are
identifiable on the basis of a prohibited ground of
discrimination, including sexual orientation, and in
particular on the basis of their homosexuality and, to
refrain from any such action in the future, anywhere
within Canada.

27-Jan-94 T361/0893 TONY JOHN PAYZANT Same as CLN Complaint Same as Canadian Liberty Net. cease and Decist White poor Yes – Doug 20's
MCALEER T360/0793 upheld Order issued Christie

27-Jan-94 T362/0993 HARRY JOHN PAYZANT Same as CLN Complaint Same as Canadian Liberty Net. Cease and Decist No - Did not
VACCARO T360/0793 upheld Order issued appear

Page 3 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
1-Apr-96 T434/1595 Church of Christ CHILLIWACK ANTI-RACISM We, the Chilliwack Anti- Complaint This Tribunal orders that the respondent Pastor Cease and Decist poor No - Did not Pastor Scott advised Mr. Glynn
in Israel PROJECT SOCIETY racism Project Society, upheld Charles Scott, the respondent Church of Christ in Order issued appear at (Registrar of the Tribunal) that he
have reasonable Israel, and any other individuals or organizations hearing did not recognize or accept the role
grounds to believe that who are members of or act in the name of or in or jurisdiction of the Tribunal in
Pastor Charles Scott concert with Pastor Charles Scott or the Church of this matter, and that he would not
[or the Church of Christ in Israel to cease the discriminatory practise of be participating in any of the
Christ in Israel, as the communicating telephonically or causing to be Tribunal proceedings.
case may be] communicated telephonically by means of the
discriminates against facilities of a telecommunications undertaking within
non-white and Jewish the legislative authority of Parliament, matters of the
persons on the grounds type of complained of in this case, namely those set
of colour, national or out in Exhibit HR5 at Tabs 1 through 4, which are
7 ethnic origin, race, and
religion
incorporated by reference into this order, that is
matters which are likely to expose a person or
persons to hatred or contempt by reason that that
person or those persons are identifiable on the basis
of a prohibited ground of discrimination, including
colour, race, national or ethnic origin and religion,
and to refrain from any such action in the future,
anywhere within Canada.

T435/1695 Charles Scott CHILLIWACK ANTI-RACISM Same as T434/1595 Complaint Cease and Decist White poor No - Did not mid-30s
PROJECT SOCIETY upheld Order issued appear at
hearing
18-Jan-02 T460/1596 Ernst Zundel SABINA CITRON (CHRT Ruling"It is alleged that by Complaint We therefore order that the Respondent, Ernst Zündel, cease and decist White Yes - Douglas mid-50s www.zundelsite.or Operational Nov. 22/96 CHRC refers case to
posting material to the
describes "herself as a Jew and upheld and any other individuals who act in the name of, or order issued H. Christie and g the Tribunal. -Constitutional
Zundelsite, the
survivor of the Holocaust") in concert with Ernst Zündel cease the discriminatory Barbara Challenge filed with tribunal.
Respondent, Ernst practise of communicating telephonically or causing Kulaszka Interested Party status granted to:
TORONTO MAYOR'S COMMITTEE Zündel, caused to be communicated telephonically by means of the LEAGUE FOR HUMAN RIGHTS
ON COMMUNITY AND RACE repeated telephonic facilities of a telecommunication undertaking within OF B’NAI BRITH CANADA,
RELATIONS communication that the legislative authority of Parliament, matters of the CANADIAN HOLOCAUST
was likely to expose type contained in Exhibit HR-2 and found on the REMEMBRANCE
Jews to hatred or Zundelsite, or any other messages of a substantially ASSOCIATION,

8 contempt." similar form or content that are likely to expose a

person or persons to hatred or contempt by reason of
SIMON WIESENTHAL
CENTRE,
the fact that that person or persons are identifiable on CANADIAN JEWISH
the basis of a prohibited ground of discrimination, CONGRESS, and
contrary to s. 13(1) of the Canadian Human Rights CANADIAN ASSOCIATION
Act. FOR FREE EXPRESSION INC.

Page 4 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
20-Aug-02 T594/5200 Machiavelli and MARK SCHNELL (Described by He alleged that Complaint I order that the respondents John Micka, Machiavelli cease and Decist poor No Lawyer - www.citizensresea Operational but Fines requested by Mark Schnell
Associates CHRT as "34-year-old gay man who Machiavelli upheld & Associates Emprize Inc., Joanne Vestvik and Ken Order issued. represented rchinst.com appears to be a of $20,000, under 54(1)(b).
Emprize Inc. resides in Vancouver, British discriminated against Fast, the latter two whom I have found to be acting in himself domain Tribunal ruled that he was not
Columbia") him based on his sexual concert with John Micka and Machiavelli, cease and squatter on it mentioned, therefore no special
orientation by desist the discriminatory practice of communicating compensation was awarded. -
communicating telephonically or causing to be so communicated CAFÉ intervened in case.
messages on a website repeatedly, in whole or in part, by means of the
at facilities of a telecommunications undertaking within
www.citizensresearchin the legislative authority of Parliament, matters of the
st.com ("Website"), type found in the Offending Pages of Exhibit HR-4
which are likely to and found on the Website,

9 expose homosexuals to
hatred and contempt
www.citizensresearchinst.com, and in particular,
those matters or messages that associate or equate
homosexuality and the homosexual community with
pedophilia, bestiality and the sexual predation of
children and associate gay men and lesbian women
with having an agenda to lure and sexually abuse
children and having an agenda to legalize pedophilia.

20-Aug-02 T595/5300 John Micka MARK SCHNELL same as T594/5200 Complaint same as T594/5200 same as white poor No Lawyer - late 40s
upheld T594/5200 represented
himself
9-May-03 T726_3102 FRED KYBURZ Richard Warman Exposing Jewish people Complaint Fred Kyburz, and any other individuals who act in Cease and decist white poor No - Did not Early 60s www.patriotsongu no Mr. Kyburz shall pay to Mr.
to hatred. Complaint upheld concert with Mr. Kyburz cease the discriminatory Ordered. appear ard.org Warman the sum of $15,000 as
was over Kyburz practice of communicating telephonically or causing $37,500 total special compensation, pursuant to
comments on Jews on to be communicated telephonically by means of the fines subsection 54(1)(b) of the Act;
two websites facilities of a telecommunication undertaking within
the legislative authority of Parliament, matters of the Mr. Kyburz shall pay a penalty in
type contained in Exhibits HR-1 and HR-2, or any the amount of $7,500
other messages of a substantially similar content, that
are likely to expose a person or persons to hatred or
contempt by reason of the fact that that person or section 14.1 violation:

10 persons are identifiable on the basis of a prohibited

ground of discrimination, contrary to section 13(1) of
ii) Mr. Kyburz shall pay to Mr.
Warman the sum of $15,000 for
the Canadian Human Rights Act. This order includes Mr. Warman's pain and suffering;
the requirement that Mr. Kyburz cease publicizing the
Patriots on Guard web site material now posted on
the Archive.org web site, or referring anyone to the
Archive.org web site;

23-Sep-05 T998/11804 Eldon Warman Richard Warman The present complaint Complaint I have already issued an order to cease and desist. cease and desist White No - Did not Early 60's www. Yes The original complaint had been
alleges that Eldon upheld The Tribunal has been advised by the Commission ordered issued. appear detaxcanada. org. filed on 1 June 2003 and dealt
Warman contravened that the material has been removed from the internet. with hundreds of Warman’s
section 13 of the The fundamental purposes of the Act have profanity-strewn, antisemitic
Canadian Human accordingly been met. rantings made to Google taxation
Rights Act by posting forums. In rendering the initial
11 anti-semitic messages
on the internet.
cease and desist order last April,
the Tribunal urged Google to
cooperate in enforcing this order.
(2005 BB Audit)

Page 5 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
10-Mar-06 T869/11903 Alexan Richard Warman communicated Complaint I order Mr. Kulbashian and Mr. Richardson, as well cease and desist White From order: I No - mid 20's
Kulbashian, messages over the upheld as Affordable Space.com and the Canadian Ethnic ordered issued. believe that Represented
Internet that exposed Cleansing Team, to cease and desist from $5,000 as special Mr. himself
individuals who are communicating or causing to be communicated, by compensation Kulbashian's
non-Christian, non- the means described in s. 13 of the Act, namely the pursuant to s. financial
Caucasian, or of Internet, any matter of the type contained in the Hate 54(1)(b) AND means are

12 "other" national ethnic

origins, to hatred or
contempt
Messages that is likely to expose a person or persons
to hatred or contempt by reason of the fact that the
person or persons are identifiable on the basis of a
penalty in the
amount of
$1,000
fairly limited,
and that his
ability to pay
prohibited ground of discrimination. is accordingly
restricted.

10-Mar-06 T869/11903 James Scott Richard Warman Same as Kulbashian Complaint Same as Alexan Kulbashian cease and desist White From No - late 20's
Richardson, upheld ordered issued. decision: He Represented
AND penalty of indicated that himself
$1,000 he is on a
"fixed
income" due
to an
undisclosed
disability
10-Mar-06 T869/11903 Tri-city Richard Warman Same as Kulbashian complaint I do not find this evidence sufficient to establish a link Tri-cityskins.com
Skins.com, against the between Mr. Kulbashian and the Tri-City Skins group,
respondent, other than as a simple member like Mr. Richardson,
"Tri-city at most. In these circumstances, I do not think that
Skins.com" notification of mere members of a group can be
is not construed as official notice to the group. Thus, while
substantiated Mr. Richardson's and Mr. Kulbashian's presence at
. the pre-hearing case management conferences and at
the hearings themselves makes it clear that they
acquired sufficient notice of the proceedings against
them personally, I cannot subsume this knowledge
with that of the Tri-City Skins.

10-Mar-06 T869/11903 Canadian Ethnic Richard Warman Same as Kulbashian Complaint Same as Alexan Kulbashian cease and desist No - wpcect.com
Cleansing Team, upheld ordered issued. Represented vinlandvoice.com
AND penalty of himself
$3,000

10-Mar-06 T869/11903 Affordable Richard Warman Same as Kulbashian Complaint Same as Alexan Kulbashian cease and desist No - Affordable
Space.com upheld ordered issued. Represented Space.com.
AND penalty of himself
$3,000

Page 6 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
13-Apr-06 T1021/0205 Tomasz Winnicki Richard Warman Winnicki's postings Complaint I find that the messages in the Northern Alliance Ceast and desist White poor Yes - had a late 20's Northern Alliance Yes - VNN and Later charged with contempt of
"was likely to expose upheld Guestbook, the Winnicki website and the VNN website ordered AND lawyer - Chi Guestbook, YES - court and sentenced to 9 months.
people of the Jewish and forum are likely to expose people of the Jewish penalty in the Cun Shi Vanguard News Northern
faith to hatred or faith, Black race and other non-Caucasian races, and amount of Network and Alliance
contempt" persons of African origin to hatred and contempt. $6,000 AND Winnicki's
$500 for pain Website on Bell
and suffering

13 AND $5,000
special
compensation,
pursuant to s.
53(3) of the Act.

15-Aug-06 T1072/5305 Craig Harrison Richard Warman "... would likely expose Complaint Having found that Craig Harrison did communicate, Cease and desist White poor No. His 30's Freedomsite No to FS From Ruling: [3] Mr. Harrison
Italians, Mexicans, upheld repeatedly, by means of the facilities of a order issued. Common law message Board Message attended the opening of the
Puerto Ricans, telecommunication undertaking within the legislative And penalty in wife showed up and Board. YP hearing on June 12, 2006. He had
Haitians, francophones, authority of Parliament, matters that are likely to the amount of for the morning www.ypenterprise. Enterprises is requested that he be represented
blacks, First Nations expose people or members of these groups to hatred $1,000 and they net, down also, by his common law wife, Ms.
persons, East Asians, or contempt by reason of the fact that they are stormed out by with it's Susen Holmes. Less than ninety
non-whites and Jews to identifiable on the basis of a prohibited ground of lunch domain going minutes into the hearing and
hatred and contempt discrimination, I conclude that Mr. Warman's section to a domain during Mr. Warman's testimony,
..." 13 complaint is substantiated. squatters Mr. Harrison started yelling at the

14 witness forcing the Tribunal to

order an adjournment. Mr.
Harrison then stormed out of the
hearing room while still yelling
obscenities at Mr. Warman.

22-Nov-06 T1071/5205 Peter Kouba Richard Warman "exposed First Nations Complaint "The Canadian Human Rights Commission adduced
people, East Asians, upheld
Pakistanis, Roma (also
known as Gypsies) and
other non-white people,
as well as gays and
lesbians and people of
15 the Muslim, Hindu and
Jewish faiths to hatred
or contempt"
Cease and desist White poor No - Kouba 50's www.stormfront.o Stormfront is [14] The Respondent did not
credible evidence that supported its allegation that order issued and showed up for rg (stormfront.org) still active, and attend the first day of the hearing.
the Respondent, using the pseudonyms "proud18" and penalty in the one of the days and Western [15] On the second day of the
"WhiteEuroCanadian", communicated the hate amount of himself. Rest www.westerncana Canada For Us, hearing, the Respondent
messages over the Internet. The Respondent failed to $7,500 of the time he daforus.com is a registered appeared. He was not represented
provide an evidentiary defense to the case made out did not attend. domain, but no by counsel or an agent. The
by the Commission. For the reasons stated above website Respondent cross-examined the
therefore, I find that the evidence in this case was
sufficient to establish, on a balance of probabilities,
Complainant and made
submissions in closing argument.
that the Respondent, Peter Kouba communicated the He chose however, not to testify or
hate messages in this case." to call any evidence on his own
behalf.

1-Dec-06 T1088/6905 Glenn Bahr Richard Warman "...expose Jews, First Complaint [96] Accordingly, I order the respondents, Glenn Cease and desist White poor No - Paul late 20's wcfu.com and House raided by police. Edmonton
Nation Canadians, upheld Bahr and Western Canada For Us, to cease and desist order issued and Fromm stormfront.org Police threatened to take away his
gays, lesbians, from communicating or causing to be communicated, penalty in the represented Mr. and WCFU girlfriends child. Later charged
bisexuals, blacks, other by the means described in s. 13 of the CHRA, namely amount of Bahr at hearing website discussion under Sec. 319. Evidence seized
non-whites and the the Internet, any material of the type found in this $5,000.00 forum by police later used against Bahr at
mentally disabled to decision to be likely to expose a person or persons to tribunal hearing
16 hatred and/or
contempt... "
hatred or contempt by reason of the fact that the
person or persons are identifiable on the basis of a
prohibited ground of discrimination.

Page 7 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
1-Dec-06 T1087/6805 Western Canada Richard Warman Same as Bahr - Complaint Same as Bahr - T1088/6905 Cease and desist No - Paul www.wcfu.com
for Us T1088/6905 upheld order issued and Fromm
penalty in the represented Mr.
amount of Bahr at hearing
$5,000.00

2-Feb-07 T1104/8505 Terry Tremaine Richard Warman Blacks, Asians, Complaint [142] The Tribunal therefore concludes that these Cease and Desist White very poor. No - Paul 57 Stormfront White Operational CHRC tried to ban Paul Fromm
Aboriginal, other non- upheld messages are likely to expose a person or persons to order issued. Tremaine Fromm Nationalist from acting as an agent The
whites and Jews hatred or contempt by reason that that person or those And penalty in testified that represented Mr. Resouce centre Tribunal ruled against them. Also:
persons are identifiable on the basis of race, national the amount of he did not Tremaine at (stormfront.org) [160] The Tribunal therefore
or ethnic origin, colour or religion under section 13(1) $4,000 own a car or hearing concludes that the Complainant's

17 of the Act and that a discriminatory practice has been

established.
a house. He
has lost his
claim to compensation under
paragraph 54(1)(b) is unfounded.
job and earns
$600 a
month.

Alex Di Civita Richard Warman Mediated With the assistance of Tribunal member Karen White poor 20's In August of 2003, a federal
Jensen acting as mediator, and Monette Maillet, a human rights complaint was filed
lawyer for the CHRC, the parties were successful in against Mr. Di Civita and others
crafting an agreement. The terms of the agreement involved in the group, alleging that
include Mr. Di Civita willingly writing an open letter of material the group had put onto
apology to the Christian, Jewish, and black the Internet was likely to promote
communities, and agreeing to perform substantial hatred or contempt against
No volunteer service in order to make amends for the Christians and Jews, as well as
CHRT harm caused to the community as a whole. (2005 BB blacks and other non-whites,
Audit) contrary to s. 13 of the Canadian
hearings Human Rights Act. ... by the time
the matter was finally referred to
the CHRT for hearing in August of
2005, Di Civita indicated that he
had long since left the group and
repudiated its beliefs. (2005 Audit)

Liz Lampman Richard Warman Mediated White poor 20's A copy of an apology letter she
No wrote the CHRC showed up on the
CHRT ARA's OPP website, causing her
hearings great trouble

Lubomyr Prytulak Canadian Jewish Congress alleging that content on Respondent Respondent agreed to abide by the Canadian Human White 50's www.ukar.org operational According to the webpage as of
Prytulak’s ‘Ukrainian agreed to Rights Act and not repost similar material (Urkrainia Feb 16/07: This website has been
Archive’ website stop posting n) seized by a combined effort of the
No (www.ukar.org) was material and "Friends of WHARRRF"(**) and
CHRT likely to expose Jews to take down the friends and colleagues of
hearings hatred or contempt. website Steven Rambam.

10-Jul-07 T1095/7605 Bobby Wilkinson Richard Warman likely expose the Complaint [67] Accordingly, I order Mr. Wilkinson to cease and Cease and White Unknown, but No - Did not It alleged that no 71] I have no direct evidence
mentally disabled, upheld desist from communicating or causing to be Decist order see notes appear Wilkinson was the before me of Mr. Wilkinson's ability
Jews, Hispanics, communicated, by the means described in s. 13 of the issued. $4,000 operator of a to pay a penalty, although from the
blacks, homosexuals, Act, and particularly the Internet, any matter of the fine awarded freeboard located fact that he was residing in the
Roma, Pakistanis, type contained in the messages at issue in this case at basement of his grandfather's
18 Arabs, Chinese, and
Japanese to hatred or
that is likely to expose a person or persons to hatred
or contempt by reason of the fact that the person or
http://pub68.ezboa
rd.com/bcanadian
home until some time between
2004 and 2006, it may be inferred
contempt contrary to s. persons are identifiable on the basis of a prohibited naziparty that he is a relatively young person
13 of the Canadian ground of discrimination. of modest means.
Human Rights Act.

10-Jul-07 T1095/7605 “Canadian Nazi Richard Warman Same as Wilkinson Complaint [63] ... I am not persuaded that the "Canadian Nazi
Party” not upheld Party" ever existed in any form nor that it was anything
more than Mr. Wilkinson's alter ego. The evidence
does not establish that anyone other than Mr.
Wilkinson acting alone administered the website.
[64] The complaint against the Canadian Nazi Party
has therefore not been substantiated and is
dismissed.
Page 8 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
26-Oct-07 T1106/8705 Jessica Richard Warman allege that both Complaint [80] I therefore see no reason to deny the order. Ms. Cease and White poor No - Paul 21 Stormfront White operational
Beaumont individuals posted upheld Beaumont is ordered to cease and desist from decist order Fromm is acting Nationalist
material to the communicating or causing to be communicated, by issued and as agent Resource Center
Stormfront website that the means described in s. 13 of the Act, and $1,500 fine. (www.stormfront.o
was likely to promote particularly the Internet, any matter of the type ALSO $3,000 in rg)

19 hatred and contempt of

individuals on the basis
of race, religion, sexual
orientation, and
disability.
contained in the messages at issue in this case that is
likely to expose a person or persons to hatred or
contempt by reason of the fact that the person or
special
compensation,
pursuant to s.
persons are identifiable on the basis of a prohibited 54(1)(b)
ground of discrimination.

Summary of Active Cases currently before the Tribunal

Page 9 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
T1073/5405 Marc Lemire Richard Warman likely to expose White poor Yes - Barbara 30's www.freedomsite. operational
Homosexuals, Italians, Kulaszka org
Mexicans, Puerto
Ricans, Haitians,
francophone’s, Blacks,
First Nations persons,
20 East Asians, non-whites
and Jews to hatred
and/or contempt

Freedomsite .org Richard Warman same as Marc Lemire Warman "This is further to Mr. Vigna's letter dated December
withdrew 23, 2005 with the attached letter from the
his Complainant, Mr. Warman dated December 20, 2005,
complaint requesting to withdraw his complaint against the
Feedomsite.
...
As a result, the proceedings in the matter against the
Respondent, The Freedomsite, are discontinues and
out file has now been closed."

T1090/7105 Melissa Guille Richard Warman The complaint alleges White extremely No. Alexan 30 www.canadianheri operational
that material on the poor. Is a Kulbashain is tagealliance.com
website would likely single mother acting as agent
expose homosexuals, and testified
Muslims, Jews, First she does not
Nations, blacks, Arabs, own a house
21 other non-whites, and
Roma to hatred or
or car

contempt in violation of
s. 13 of the Canadian
Human Rights Act.

T1090/7105 Canadian Richard Warman Same as Melissa Guille No - Paul

Heritage Alliance Fromm is
acting as agent

Ciaran Paul Richard Warman Same as Jessica White very poor and No - Paul 30's Stormfront White operational Is very sick with cancer. Tribunal
Donnelly Beaumont quite sick with Fromm is acting Nationalist had to be postponed to 2007 due

22 cancer. as agent Resource Center

(www.stormfront.o
rg)
to severe illness.

T1120/0206 www. Centre for Research-Action on Race White very poor. No - Paul 30's www.brwhitepride. operational CHRC Lawyer Giocomo Vigna
bcwhitepride Relations John Beck Fromm is acting com called ARA leader - Shane Ruttle

23 .com testified he
only makes
$11,000 a
as agent Martinez as the ONLY witness to
attempt to link John Beck with BC
White Pride website.
year
WCOTC (World Richard Warman The remaining human rights
Church of the complaint against the WCOTC
Creator) group itself will likely proceed to
Tribunal. This is largely a move to
prevent any future efforts to
resurrect the group in Canada
(2005 BB Audit)
www.
Jason Ouwendyk Richard Warman White poor No early-30s Northernalliance operational Information about this complaint

24 .ca was posted to Alan Dutton's

Recomnetwork.org
Northern Alliance Richard Warman White poor No early-30s www. operational Information about this complaint
Northernalliance was posted to Alan Dutton's
.ca Recomnetwork.org
Page 10 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
T1170/5206 Heather Fleming Beachesboy@aol.com sexual orientation no - did not aol.com operational The complainant is only referred to
appear as "beachesboy@aol.com" In an
Nov 1, 07 ruling by Hadjis he ruled
it was fine to hide the
complainants identity behind the e-
mail address. According to the Nov
1, 2007 ruling by Hadjis "[31] The
Complainant has pointed out that
he has filed several more s. 13
complaints against other
individuals. A number of these

25
complaints have already been
referred to the Tribunal."

T1170/5206 Ronald Fleming Beachesboy@aol.com sexual orientation no - did not aol.com operational Respondents are alleged to use
appear the alias "Drumsaremybeat" on
AOL and posted messages on the
AOL message board. AOL
provided the information to CHRC.

Summary of Cases lnvestigated by CHRC

6-Mar-07 2005 2462, Craig Chandler Rob Wells sexual orientation Settlement Appology has been posted to: concernedchristian operational A copy of the Settlement is posted
2006 1236 Reached http://concernedchristians.ca/index.php?option=com_c s.ca and to:
ontent&task=blogsection&id=1&Itemid=9 freedomradionetw http://www.concernedchristians.ca/
(Settlement same as Freedom Radio Network) ork.ca docs/MOS%20Wells%20v.%20Cra
ig%20Chandler,%20CCC%20and
Page 11 of 13 %20FRN.pdf
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
6-Mar-07 2006 1187 Freedom Radio Rob Wells sexual orientation Settlement Settlement is: 1: The respondents publicly declare and concernedchristian operational
Network Reached affirm that they understand the purpose of the s.ca and
Canadian Human Rights Act freedomradionetw
2: Respondents agree to remove letter entitles ork.ca
“Homosexual Agenda Wicked”
3: Cease and Desist order to not “expose homosexual
persons to hatred or contempt”
4: Cease and Desist order to not “retaliate or threaten
retaliation against complainant”
5: Letter of apology posted to the website of:
Concerned Christians Canada and Freedom Radio for
a period of not less that TWO years
6: Take an educational seminar on human rights law
with staff at CHRC
7: Craig Chandler agrees to cooperate with
complainant to “ensure that the material referred to in
paragraph 2 above is not posted on other internet
sites.

6-Mar-07 2006 1215 Concerned Rob Wells sexual orientation Settlement same as Freedom Radio Network concernedchristian operational
Christians Reached s.ca and
Canada Inc freedomradionetw
ork.ca
2007 Christian Rob Wells sexual orientation chp.ca and operational Rob Wells is a Homosexual Activst
Heritage Party worldnetdaily.com from Edmonton, Alberta ans is
associated with
Ron Gray (CHP Rob Wells sexual orientation chp.ca and
Leader) worldnetdaily.com

Feb-07 Catholic Insight Rob Wells sexual orientation http://catholicinsight.com/online/features/article_772.s

Mazine html: In February 2007, Rob Wells, a member of the
Pride Centre of Edmonton, filed a nine-point complaint
with the Canadian Human Rights Commission,
alleging that C.I. has targeted homosexuals as being a
powerful menace, made negative generalizations
about them, portrayed them as preying upon children,
blamed them for problems in society and the world,
portrayed them as dangerous or violent by nature,
conveyed the idea that they are devoid of any
redeeming qualities and are innately evil, used
inflammatory and derogatory language to create a
tone of “extreme hatred and contempt,” trivialized or
celebrated past persecution or tragedy involving them
and called for action to be taken against them.

2007 FreeDomion Marie-Line Gentes religion, race, national case Background to Complaint freedominion.ca operational On July 17th and 23rd 2007, the
website (Mark or ethnic origin and withdrawn by complainant contacted the
Fournier and sexual orientation Gentes on 2. The complainant alleges that the respondent has Commission advising that she
Connie Wilkins) August 1, communticated or caused to be communicated wanted to withdraw her complaint.
2007 discriminatory material on www.freedominion.ca Free
Dominion is a Canadian website that was inspired by
Free Republic in the United States. It is described as a
Canadian conservative news forum for the discussion
of conservative philosophy and activism.
http://www.freedominion.ca/phpBB2/viewtopic.php?t=84457

May-07 Prometheus Harry Abrams (B'nai Brith) (Jewish) national or Backgroud: In December 2006, PEJ asked Harry www.pej.org operational
Institute (runs the ethnic origin Abrams to inspect the website. Instead of
Peace Earth and complaining to them, Abrams went to the CHRC
Justice News
website)
May-07 Chris Cook (then Harry Abrams (B'nai Brith) (Jewish) national or Background: www.pej.org operational The complaint is based on 18
Editor of Peace ethnic origin http://www.dissidentvoice.org/2007/05/when- articles. PEJ News has since
Earth and Justice monopolization-of-the-media-fails-then-squash- withdrawn the articles from its
news) freedom-of-speech/ website. Majority of the articles are
on the State of Israeli

Page 12 of 13
 Total Date CHRT File # Respondent Complainants Grounds of Final Order against respondent C&D and Fine Race of Financial Represented Age of Website Website Notes
Tribunal complaint decision amount? Respond Status of by Lawyer Respond involved? status?
Hearing ent Respondent ent
Sep-07 Macleans Canadian Islamic Congress (Mohamed religion (muslim) From complaint: ... that the Respondents macleans.ca operational
(Rogers Elmasry) discriminated against me and the Canadian Muslim
Publishing Ltd) community, by publishing on the internet an article
likely to expose us to contempt and hatred on the
grounds of our religious identity. (…) “The future
belongs to islam” authored by Mark Steyn

Sep-07 Brian Segal Canadian Islamic Congress (Mohamed religion (muslim) macleans.ca operational
Elmasry)
Sep-07 Kenneth Whyte Canadian Islamic Congress (Mohamed religion (muslim) macleans.ca operational
Elmasry)
Sep-07 Mark Stevenson Canadian Islamic Congress (Mohamed religion (muslim) macleans.ca operational
Elmasry)
Oct-07 Bruce Allen B.C.'s Indo-Canadian community religion http://www.nationalpost.com/sports/Story.html?id=23565 - Mr. Allen http://en.wikipedia.org/wiki/Bruce_
raised the ire of B.C.'s Indo-Canadian community when he referred
(unknown what the specific group was) Allen_(manager) - Bruce Allen is a
to religious headgear as "handkerchiefs" and said those who don't
respect the customs and laws of Canada should go home. Canadian music talent manager
who represents a number of
"We don't need you here," he said during the segment, which aired popular Canadian musicians
Sept. 27 including Bryan Adams and
Michael Buble.

Page 13 of 13