Warman v. Wilkinson

Warman v. Wilkinson

The Tribunal found that the postings on the CNP Forum bore multiple hallmarks of hate messages under s.13 and were communicated repeatedly; evidence (forum address, Stormfront postings identifying 'Bobby', email address bobby.wilkinson@sympatico.ca, ezboard shutdown) established that Bobby Wilkinson was the forum administrator and posted as Rocket440 and thus caused the communications; consequently Wilkinson engaged in a discriminatory practice under s.13 and is ordered to cease and pay a penalty; the Canadian Nazi Party was not proven to exist or to have acted in concert and the complaint against it was dismissed.

Citation
2007 CHRT 27
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Bobby Wilkinson; Respondent: Canadian Nazi Party
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
10 July 2007
Procedural Posture
Human Rights Complaint (s.13 Canadian Human Rights Act) / Hearing and Final Decision (default Hearing Respondents Absent)
Outcome
Complaint against Bobby Wilkinson substantiated; complaint against Canadian Nazi Party dismissed
Legal Topics
Section 13 Canadian Human Rights Act, Hate Messages, Liability of Forum Administrator, Remedies and Penalties Under S.54
Source Language
English
Human Rights Hate Speech Internet/online Forums Administrative Law Section 13 Canadian Human Rights Act Hate Messages Liability of Forum Administrator Remedies and Penalties Under S.54

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Bobby Wilkinson

Respondent

Canadian Nazi Party

Respondent

Procedural Posture

Human Rights Complaint (s.13 Canadian Human Rights Act) / Hearing and Final Decision (default Hearing Respondents Absent)

Legal Issues

  1. 1 Whether material posted on CNP Forum constitutes hate messages under s.13
  2. 2 Whether the communications were repeated
  3. 3 Whether Bobby Wilkinson communicated or caused the communications

Ratio Decidendi

The Tribunal found that the postings on the CNP Forum bore multiple hallmarks of hate messages under s.13 and were communicated repeatedly; evidence (forum address, Stormfront postings identifying 'Bobby', email address bobby.wilkinson@sympatico.ca, ezboard shutdown) established that Bobby Wilkinson was the forum administrator and posted as Rocket440 and thus caused the communications; consequently Wilkinson engaged in a discriminatory practice under s.13 and is ordered to cease and pay a penalty; the Canadian Nazi Party was not proven to exist or to have acted in concert and the complaint against it was dismissed.

Court Disposition

Complaint against Bobby Wilkinson substantiated; complaint against Canadian Nazi Party dismissed

Orders

  • Order that Bobby Wilkinson cease and desist from communicating or causing to be communicated via the Internet any matter likely to expose persons to hatred or contempt on a prohibited ground (s.13)
  • Order that Bobby Wilkinson pay a penalty of CAD 4,000 to the Receiver General for Canada by certified cheque or money order within 120 days of service of the decision