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

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

On a balance of probabilities the Tribunal found the documentary and circumstantial evidence (emails, chat transcripts, photographs, website material and matching address information corroborated by tax returns) sufficiently reliable to conclude that John Beck was likely the person corresponding under the aliases and linked to BC White Pride and that www.bcwhitepride.org is connected to bcwhitepride.com; therefore John Beck, BC White Pride Group and www.bcwhitepride.org must be added as parties because their presence is necessary to fully dispose of the complaint, while White Renegade Group was not added due to lack of evidence of its existence.

Citation
2007 CHRT 20
Parties
Complainant: Center for Research-Action on Race Relations; Commission: Canadian Human Rights Commission; Respondent: www.bcwhitepride.com; Respondent: John Beck; Respondent: BC White Pride Group; Respondent: www.bcwhitepride.org
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
18 May 2007
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act (section 13) / Motion to Add Parties; Preliminary Stage Before Merits Hearing
Outcome
Tribunal order adding John Beck as a respondent; ordering that BC White Pride Group and www.bcwhitepride.org be served so they may make submissions; denying addition of White Renegade Group due to insufficient evidence.
Legal Topics
Hate Speech, Section 13 Canadian Human Rights Act, Addition of Parties, Identity of Anonymous Online Users, Procedural Fairness, Evidence Admissibility
Source Language
English
Human Rights Internet Law Administrative Law Hate Speech Section 13 Canadian Human Rights Act Addition of Parties Identity of Anonymous Online Users Procedural Fairness +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

BC White Pride Group

Respondent

www.bcwhitepride.org

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act (section 13) / Motion to Add Parties; Preliminary Stage Before Merits Hearing

Legal Issues

  1. 1 Whether John Beck is the person using the aliases Renegade and David Drolet in email and chat communications
  2. 2 Whether BC White Pride Group, White Renegade Group and www.bcwhitepride.org exist and are connected to www.bcwhitepride.com and John Beck
  3. 3 Whether adding those entities as respondents is necessary for a full inquiry

Ratio Decidendi

On a balance of probabilities the Tribunal found the documentary and circumstantial evidence (emails, chat transcripts, photographs, website material and matching address information corroborated by tax returns) sufficiently reliable to conclude that John Beck was likely the person corresponding under the aliases and linked to BC White Pride and that www.bcwhitepride.org is connected to bcwhitepride.com; therefore John Beck, BC White Pride Group and www.bcwhitepride.org must be added as parties because their presence is necessary to fully dispose of the complaint, while White Renegade Group was not added due to lack of evidence of its existence.

Court Disposition

Tribunal order adding John Beck as a respondent; ordering that BC White Pride Group and www.bcwhitepride.org be served so they may make submissions; denying addition of White Renegade Group due to insufficient evidence.

Orders

  • Mr. John Beck is added as a party/respondent to the present inquiry.
  • BC White Pride Group and www.bcwhitepride.org are to be served with this ruling so they can make submissions on the Commission's motion to add them as parties.