Warman v. Jessica Beaumont

Warman v. Jessica Beaumont

Tribunal found respondent posted the impugned messages under a known pseudonym, that Internet postings are repeated communications, and that many messages used epithets, dehumanizing comparisons and generalizations that were likely to expose protected groups (race, religion, national or ethnic origin, sexual orientation) to hatred or contempt within the meaning of s.13; complaint substantiated and remedies ordered: permanent cease and desist, $3,000 special compensation to complainant, $1,500 penalty payable to Receiver General within 120 days.

Citation
2007 CHRT 49
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Jessica Beaumont
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
26 October 2007
Procedural Posture
Human Rights Complaint (s.13 Canadian Human Rights Act) / Final Decision (hearing)
Outcome
Complaint substantiated; respondent found to have violated s.13 of the Canadian Human Rights Act
Legal Topics
Hate Speech, Section 13 Canadian Human Rights Act, Remedies: Cease and Desist, Special Compensation, Penalty
Source Language
English
Human Rights Law Internet/communications Law Criminal Law Hate Speech Section 13 Canadian Human Rights Act Remedies: Cease and Desist Special Compensation Penalty

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Jessica Beaumont

Respondent

Procedural Posture

Human Rights Complaint (s.13 Canadian Human Rights Act) / Final Decision (hearing)

Legal Issues

  1. 1 Whether respondent communicated hate messages via the Internet within the meaning of s.13 CHRA
  2. 2 Whether the communications were repeated
  3. 3 Whether the material was likely to expose identifiable groups to hatred or contempt

Ratio Decidendi

Tribunal found respondent posted the impugned messages under a known pseudonym, that Internet postings are repeated communications, and that many messages used epithets, dehumanizing comparisons and generalizations that were likely to expose protected groups (race, religion, national or ethnic origin, sexual orientation) to hatred or contempt within the meaning of s.13; complaint substantiated and remedies ordered: permanent cease and desist, $3,000 special compensation to complainant, $1,500 penalty payable to Receiver General within 120 days.

Court Disposition

Complaint substantiated; respondent found to have violated s.13 of the Canadian Human Rights Act

Orders

  • Respondent shall cease and desist from communicating or causing to be communicated by means described in s.13, particularly the Internet, any matter of the type contained in the impugned messages that is likely to expose persons identifiable on a prohibited ground to hatred or contempt (permanent)
  • Respondent shall pay special compensation of CAD 3,000 to Richard Warman pursuant to s.54(1)(b)