Warman v. Kyburz

Warman v. Kyburz

On the evidence the Tribunal found that Fred Kyburz controlled the patriotsonguard.org site and forum, repeatedly communicated material by means of telecommunications under Parliament's authority (Internet) that singled out Jews (including Ashkenazi/Zionist Jews) and was likely to expose them to hatred or contempt, thereby breaching s.13 of the Canadian Human Rights Act; the Tribunal also found that after the complaint was filed Kyburz engaged in retaliatory conduct (emails, forum posts, threats, attempts to damage employment) breaching s.14.1; accordingly the Tribunal issued cease-and-desist orders, awarded $15,000 special compensation under s.54(1)(b), imposed a $7,500 penalty under...

Citation
2003 CHRT 18
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Fred Kyburz
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
9 May 2003
Procedural Posture
Canadian Human Rights Act Complaint / Final Decision (reasons for Decision)
Outcome
Both the s.13 and s.14.1 complaints were substantiated against the respondent; Tribunal issued cease and desist orders, monetary awards and a penalty.
Legal Topics
Section 13 Hate Messages, Section 14.1 Retaliation, Remedies and Penalties, Cease and Desist Orders, Special Compensation
Source Language
English
Human Rights Freedom of Expression Internet Law Administrative Law Section 13 Hate Messages Section 14.1 Retaliation Remedies and Penalties Cease and Desist Orders +1 more

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Fred Kyburz

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Final Decision (reasons for Decision)

Legal Issues

  1. 1 Whether respondent communicated repeatedly the messages on patriotsonguard.org
  2. 2 Whether communications occurred by means of a telecommunications undertaking within Parliament's authority (internet)
  3. 3 Whether the subject matter was likely to expose identifiable persons to hatred or contempt (s.13)

Ratio Decidendi

On the evidence the Tribunal found that Fred Kyburz controlled the patriotsonguard.org site and forum, repeatedly communicated material by means of telecommunications under Parliament's authority (Internet) that singled out Jews (including Ashkenazi/Zionist Jews) and was likely to expose them to hatred or contempt, thereby breaching s.13 of the Canadian Human Rights Act; the Tribunal also found that after the complaint was filed Kyburz engaged in retaliatory conduct (emails, forum posts, threats, attempts to damage employment) breaching s.14.1; accordingly the Tribunal issued cease-and-desist orders, awarded $15,000 special compensation under s.54(1)(b), imposed a $7,500 penalty under...

Court Disposition

Both the s.13 and s.14.1 complaints were substantiated against the respondent; Tribunal issued cease and desist orders, monetary awards and a penalty.

Orders

  • Cease and desist under s.13: Fred Kyburz and those acting in concert must cease communicating or causing to be communicated, by means of a telecommunications undertaking within Parliament's authority, material of the type in Exhibits HR-1 and HR-2 or substantially similar content likely to expose persons to hatred...
  • Specific s.13 order: Mr. Kyburz must cease publicizing Patriots on Guard web site material posted on Archive.org or referring anyone to Archive.org