Warman v. Lemire

Warman v. Lemire

The Tribunal held that the complainant provided sufficient material facts regarding site visits so requests for ISP, location, email, password and login particulars (items a-e) were denied; however documents and printouts in the complainant's possession relating to the relevant message boards (item f) and the...

Source-derived case information.

Citation
2006 CHRT 32
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: League for Human Rights of B'nai Brith; Interested Party: Canadian Jewish Congress; Interested Party: Friends of Simon Wiesenthal Center for Holocaust Studies
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
16 August 2006
Procedural Posture
Canadian Human Rights Tribunal Proceeding (s.13 Complaint) / Pre Hearing Motions for Particulars and Production of Documents (disclosure Stage)
Outcome
Motions partially granted and partially denied; targeted disclosure and particulars ordered, overbroad requests denied
Legal Topics
Disclosure and Particulars, Document Production, Section 13 Canadian Human Rights Act, Constitutional Challenge Under the Charter, Oakes Proportionality, Scope of Relevance, Overbroad/fishing Expedition
Source Language
english
Human Rights Administrative Law Constitutional Law Freedom of Expression Procedural Law Disclosure and Particulars Document Production Section 13 Canadian Human Rights Act +4 more

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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

League for Human Rights of B'nai Brith

Interested Party

Canadian Jewish Congress

Interested Party

Friends of Simon Wiesenthal Center for Holocaust Studies

Interested Party

Procedural Posture

Canadian Human Rights Tribunal Proceeding (s.13 Complaint) / Pre Hearing Motions for Particulars and Production of Documents (disclosure Stage)

Legal Issues

  1. 1 Whether further particulars regarding website access, logins and passwords must be disclosed under Rule 6
  2. 2 Whether complainant must disclose printouts and postings from specified message boards
  3. 3 Whether the complainant must identify specifically which messages are alleged to constitute hate under s.13

Ratio Decidendi

The Tribunal held that the complainant provided sufficient material facts regarding site visits so requests for ISP, location, email, password and login particulars (items a-e) were denied; however documents and printouts in the complainant's possession relating to the relevant message boards (item f) and the complainant's own postings/replies on specified boards (item g) were ordered disclosed as arguably relevant; the complainant and Commission must specifically identify which disclosed messages they allege constitute hate under s.13 (item i); documents relating to Commission activities that have an external effect on Charter rights (relations with ISPs, meetings with groups/agencies,...

Court Disposition

Motions partially granted and partially denied; targeted disclosure and particulars ordered, overbroad requests denied

Orders

  • Items a), b), c), d) and e) denied (no requirement to disclose ISP names, computer location, emails, passwords or login pseudonyms)
  • Complainant ordered to disclose any printouts he made from freedomsite.org and its message board during the times he visited them (item f)