Warman v. Kouba

Warman v. Kouba

On a balance of probabilities the Tribunal found the impugned online postings bore multiple hallmarks of hate messages under s.13 and that the circumstantial and corroborating evidence (police investigation, witness statement signed by Kouba, matching postings and forum conduct) established that Peter Kouba, using proud18 and WhiteEuroCanadian, communicated the hate messages; remedy ordered to cease and pay $7,500 penalty.

Citation
2006 CHRT 50
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Peter Kouba
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
22 November 2006
Procedural Posture
Canadian Human Rights Act S.13 Complaint (hate Messages Via Internet) / Hearing and Final Decision (tribunal Ruling)
Outcome
Complaint substantiated against the Respondent (breach of s.13 of the Canadian Human Rights Act)
Legal Topics
Section 13 Discrimination, Identification of Anonymous Internet Posters, Admissibility of Post‑complaint and Hearsay Evidence, Remedy and Administrative Penalties
Source Language
English
Human Rights Law Hate Speech Internet/online Communications Administrative/tribunal Procedure Section 13 Discrimination Identification of Anonymous Internet Posters Admissibility of Post‑complaint and Hearsay Evidence Remedy and Administrative Penalties

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Peter Kouba

Respondent

Procedural Posture

Canadian Human Rights Act S.13 Complaint (hate Messages Via Internet) / Hearing and Final Decision (tribunal Ruling)

Legal Issues

  1. 1 Can the Tribunal consider material that post‑dates the filing of the complaint?
  2. 2 Is the material likely to expose members of the targeted groups to hatred or contempt under s.13?
  3. 3 Did the Respondent, Peter Kouba, communicate the material using the pseudonyms proud18 and WhiteEuroCanadian?

Ratio Decidendi

On a balance of probabilities the Tribunal found the impugned online postings bore multiple hallmarks of hate messages under s.13 and that the circumstantial and corroborating evidence (police investigation, witness statement signed by Kouba, matching postings and forum conduct) established that Peter Kouba, using proud18 and WhiteEuroCanadian, communicated the hate messages; remedy ordered to cease and pay $7,500 penalty.

Court Disposition

Complaint substantiated against the Respondent (breach of s.13 of the Canadian Human Rights Act)

Orders

  • Respondent shall cease communicating over the Internet any material of substantially similar content likely to expose persons to hatred or contempt on prohibited grounds.
  • Respondent shall pay a penalty of $7,500 to the Receiver General for Canada by certified cheque or money order within 120 days of notification of this decision.