Warman v. Lemire

Warman v. Lemire

The Tribunal ordered that the respondent must disclose all website content in his possession from September 24, 1999 onward because it is relevant under Rule 6(1)(d); the Commission must disclose any January 2004 downloaded copy if still in its possession; literature linked on the site must be disclosed or made available for viewing if not already on the site; and the Commission's second, non‑specific request for all materials/transcripts is denied as overbroad.

Citation
2006 CHRT 53
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Marc Lemire; Interested Party: Attorney General of Canada; Interested Party: Canadian Association for Free Expression; Interested Party: Canadian Free Speech League; Interested Party: Canadian Jewish Congress; Interested Party: Friends of Simon Wiesenthal Center for Holocaust Studies; Interested Party: League for Human Rights of B'nai Brith
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
29 November 2006
Procedural Posture
Canadian Human Rights Act Complaint (s.13) / Ruling on Disclosure Motion
Outcome
Disclosure order granted in part; second broad request denied
Legal Topics
Disclosure of Electronic Records, Website Content as Evidence, Section 13 CHRA (hate Messages), Overbroad Disclosure Requests
Source Language
English
Human Rights Administrative Law Freedom of Expression Evidence Disclosure Disclosure of Electronic Records Website Content as Evidence Section 13 CHRA (hate Messages) Overbroad Disclosure Requests

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Marc Lemire

Respondent

Attorney General of Canada

Interested Party

Canadian Association for Free Expression

Interested Party

Canadian Free Speech League

Interested Party

Canadian Jewish Congress

Interested Party

Friends of Simon Wiesenthal Center for Holocaust Studies

Interested Party

League for Human Rights of B'nai Brith

Interested Party

Procedural Posture

Canadian Human Rights Act Complaint (s.13) / Ruling on Disclosure Motion

Legal Issues

  1. 1 Whether the respondent must disclose the entire contents of the website he administers (freedomsite.org) from September 24, 1999 to the hearing date
  2. 2 Whether literature (books) referred to or linked on the website must be disclosed or made available for viewing
  3. 3 Whether a broad, non‑specific request for all materials, transcripts and statements in the respondent's possession is permissible

Ratio Decidendi

The Tribunal ordered that the respondent must disclose all website content in his possession from September 24, 1999 onward because it is relevant under Rule 6(1)(d); the Commission must disclose any January 2004 downloaded copy if still in its possession; literature linked on the site must be disclosed or made available for viewing if not already on the site; and the Commission's second, non‑specific request for all materials/transcripts is denied as overbroad.

Court Disposition

Disclosure order granted in part; second broad request denied

Orders

  • Respondent ordered to disclose to the Commission and complainant any content of freedomsite.org in his possession from September 24, 1999 to the date of the hearing by December 15, 2006.
  • If the Commission possesses a January 2004 download of the website, the Commission must disclose that material to the respondent by December 7, 2006.