Warman v. Glenn Bahr and Western Canada for Us

Warman v. Glenn Bahr and Western Canada for Us

The Tribunal found the texts available for download and forum posts met the s.13(1) threshold of likely exposing protected groups to hatred or contempt; the material was repeatedly communicated via the Internet (s.13(2)); evidence established that Bahr used the pseudonyms SS‑88/Glenn and had administrative control...

Source-derived case information.

Citation
2006 CHRT 52
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Glenn Bahr; Respondent: Western Canada For Us
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
1 December 2006
Procedural Posture
Human Rights S.13 CHRA Complaint / Hearing Decision (final)
Outcome
Complaint substantiated against Glenn Bahr and Western Canada For Us
Legal Topics
Hate Speech, Section 13 CHRA, Telecommunications Undertaking/operator Defence, Remedies and Penalties
Source Language
english
Human Rights Internet/telecommunications Hate Speech Section 13 CHRA Telecommunications Undertaking/operator Defence Remedies and Penalties

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Glenn Bahr

Respondent

Western Canada For Us

Respondent

Procedural Posture

Human Rights S.13 CHRA Complaint / Hearing Decision (final)

Legal Issues

  1. 1 What material falls within s.13(1) CHRA
  2. 2 Whether communications were by means of a telecommunications undertaking (Internet)
  3. 3 Whether material was communicated repeatedly

Ratio Decidendi

The Tribunal found the texts available for download and forum posts met the s.13(1) threshold of likely exposing protected groups to hatred or contempt; the material was repeatedly communicated via the Internet (s.13(2)); evidence established that Bahr used the pseudonyms SS‑88/Glenn and had administrative control of the site and thus communicated or caused the communications; WCFU was an organized group and its website was intentionally non‑benign so s.13(3) affords no defence; accordingly the complaint was substantiated and remedies ordered.

Court Disposition

Complaint substantiated against Glenn Bahr and Western Canada For Us

Orders

  • Respondents Glenn Bahr and Western Canada For Us shall cease and desist from communicating or causing to be communicated by means of the Internet any material likely to expose persons identifiable by a prohibited ground to hatred or contempt (s.13 CHRA)
  • Glenn Bahr ordered to pay a penalty of CAD 5,000.00 payable by certified cheque or money order to the Receiver General for Canada within 120 days of notification of this decision