Warman v. Warman

Warman v. Warman

Tribunal found on balance of probabilities that the postings originated from Eldon Warman, were repeated internet communications that demeaned and vilified Jews and were likely to expose an identifiable group to hatred or contempt within the meaning of s.13, therefore the complaint is substantiated and a cease and desist order is warranted; the Tribunal reserved decision on a financial penalty under s.54(1)(c) pending further submissions because of unresolved constitutional and proportionality concerns and the respondent's non‑participation.

Citation
2005 CHRT 36
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Eldon Warman
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
23 September 2005
Procedural Posture
Canadian Human Rights Act S.13 Complaint (hate Messages) / Decision on Liability (liability Found); Penalty Reserved 30 Days
Outcome
Complaint substantiated; cease and desist order issued against respondent; penalty application reserved for 30 days for further submissions
Legal Topics
Hate Speech, Section 13 Canadian Human Rights Act, Penalty Under Section 54(1)(c), Service of Process, Jurisdiction
Source Language
English
Human Rights Constitutional Law Administrative Law Freedom of Expression Internet Law Hate Speech Section 13 Canadian Human Rights Act Penalty Under Section 54(1)(c) +2 more

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Eldon Warman

Respondent

Procedural Posture

Canadian Human Rights Act S.13 Complaint (hate Messages) / Decision on Liability (liability Found); Penalty Reserved 30 Days

Legal Issues

  1. 1 Whether internet postings by Eldon Warman contravene s.13 of the Canadian Human Rights Act
  2. 2 Whether the postings were authored by/respondent was responsible for the communications
  3. 3 Whether imposing a financial penalty under s.54(1)(c) is constitutionally permissible

Ratio Decidendi

Tribunal found on balance of probabilities that the postings originated from Eldon Warman, were repeated internet communications that demeaned and vilified Jews and were likely to expose an identifiable group to hatred or contempt within the meaning of s.13, therefore the complaint is substantiated and a cease and desist order is warranted; the Tribunal reserved decision on a financial penalty under s.54(1)(c) pending further submissions because of unresolved constitutional and proportionality concerns and the respondent's non‑participation.

Court Disposition

Complaint substantiated; cease and desist order issued against respondent; penalty application reserved for 30 days for further submissions

Orders

  • Respondent Eldon Warman ordered to cease posting messages or other material on the internet likely to expose Jews or any other member of an identifiable racial, religious or ethnic group to hatred or contempt
  • Tribunal reserves jurisdiction on penalty under s.54(1)(c) for 30 days and directs the Complainant and the Commission to advise whether they will provide further submissions and to give constitutional notice under Rule 9(7) if they proceed