Warman v. Harrison

Warman v. Harrison

On the balance of probabilities the Tribunal found that the respondent authored repeated Internet postings under aliases that were communicated via a telecommunication undertaking and that the content—calls for violence, dehumanizing slurs and exhortations targeting protected groups—was likely to expose those groups to hatred or contempt; therefore the postings violated s.13 of the Canadian Human Rights Act and the Tribunal ordered a cease and desist and a monetary penalty of $1,000.

Citation
2006 CHRT 30
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Craig Harrison
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
15 August 2006
Procedural Posture
Section 13 Complaint Under the Canadian Human Rights Act (hate Messages on the Internet) / Post‑hearing Decision Following a Contested Hearing (respondent Absent for Remainder)
Outcome
Complaint substantiated; violation of section 13 of the Canadian Human Rights Act established against Craig Harrison
Legal Topics
Section 13 Canadian Human Rights Act, Hate Propaganda, Cease and Desist Order, Administrative Penalty
Source Language
English
Human Rights Law Hate Speech Administrative Law Internet/cyberspace Law Section 13 Canadian Human Rights Act Hate Propaganda Cease and Desist Order Administrative Penalty

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Craig Harrison

Respondent

Procedural Posture

Section 13 Complaint Under the Canadian Human Rights Act (hate Messages on the Internet) / Post‑hearing Decision Following a Contested Hearing (respondent Absent for Remainder)

Legal Issues

  1. 1 Whether the respondent communicated or caused to be communicated repeatedly the messages found on the websites in issue
  2. 2 Whether the communications were made by means of a telecommunication undertaking within the legislative authority of Parliament (Internet)
  3. 3 Whether the subject matter of the messages is likely to expose identifiable persons to hatred or contempt by reason of a prohibited ground of discrimination

Ratio Decidendi

On the balance of probabilities the Tribunal found that the respondent authored repeated Internet postings under aliases that were communicated via a telecommunication undertaking and that the content—calls for violence, dehumanizing slurs and exhortations targeting protected groups—was likely to expose those groups to hatred or contempt; therefore the postings violated s.13 of the Canadian Human Rights Act and the Tribunal ordered a cease and desist and a monetary penalty of $1,000.

Court Disposition

Complaint substantiated; violation of section 13 of the Canadian Human Rights Act established against Craig Harrison

Orders

  • Cease and desist: Craig Harrison and any individuals acting in concert with him shall cease communicating or causing to be communicated, by means of facilities of a telecommunication undertaking within Parliament's legislative authority, material of the type found to violate s.13(1) or substantially similar content...
  • Penalty: pay $1,000 by certified cheque or money order payable to the Receiver General for Canada, received by the Tribunal within 35 days of notification