Center For Research-Action on Race Relations v. www.bcwhitepride.com

Center For Research-Action on Race Relations v. www.bcwhitepride.com

The posted website material met the s.13 threshold because it communicated unusually strong vilification and dehumanization of groups identifiable by race, religion and disability; internet publication constituted repeated communication; admissions by Beck and multiple corroborating similarities between his other online postings and the impugned content established he authored and communicated the material; www.bcwhitepride.com was only an internet address, not a person or group capable of engaging in s.13 conduct; accordingly the complaint against Beck was substantiated and appropriate remedies (cease order and monetary penalty) were ordered.

Citation
2008 CHRT 1
Parties
Complainant: Center for Research-Action on Race Relations; Commission: Canadian Human Rights Commission; Respondent: www.bcwhitepride.com; Respondent: John Beck
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
9 January 2008
Procedural Posture
Section 13 Canadian Human Rights Act Complaint (hate Messages) / Decision on Merits Following Hearing (tribunal Decision Dated 2008 01 09)
Outcome
Complaint substantiated against John Beck; complaint not substantiated against www.bcwhitepride.com (determined to be an internet address, not a person/group)
Legal Topics
Section 13 Canadian Human Rights Act, Hate Propaganda, Repeated Communication Via Internet, Attribution of Online Speech, Remedies and Penalties Under S.54
Source Language
English
Human Rights Law Hate Speech Law Administrative/tribunal Procedure Internet/domain Registration Law Section 13 Canadian Human Rights Act Hate Propaganda Repeated Communication Via Internet Attribution of Online Speech +1 more

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Parties

Center for Research-Action on Race Relations

Complainant

Canadian Human Rights Commission

Commission

www.bcwhitepride.com

Respondent

John Beck

Respondent

Procedural Posture

Section 13 Canadian Human Rights Act Complaint (hate Messages) / Decision on Merits Following Hearing (tribunal Decision Dated 2008 01 09)

Legal Issues

  1. 1 Whether website material was likely to expose identifiable groups to hatred or contempt under s.13(1)
  2. 2 Whether communications were made repeatedly via the Internet within meaning of s.13
  3. 3 Whether John Beck or www.bcwhitepride.com communicated or caused to be communicated the impugned messages

Ratio Decidendi

The posted website material met the s.13 threshold because it communicated unusually strong vilification and dehumanization of groups identifiable by race, religion and disability; internet publication constituted repeated communication; admissions by Beck and multiple corroborating similarities between his other online postings and the impugned content established he authored and communicated the material; www.bcwhitepride.com was only an internet address, not a person or group capable of engaging in s.13 conduct; accordingly the complaint against Beck was substantiated and appropriate remedies (cease order and monetary penalty) were ordered.

Court Disposition

Complaint substantiated against John Beck; complaint not substantiated against www.bcwhitepride.com (determined to be an internet address, not a person/group)

Orders

  • John Beck ordered to cease and desist from communicating via the Internet any material likely to expose persons identifiable by prohibited grounds to hatred or contempt (s.54(1)(a))
  • John Beck ordered to remove the impugned material from bcwhitepride.org or any other Internet location where he posted it