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

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

On the evidence before it the Tribunal concluded that existing online postings and the DVD did not establish a direct and immediate threat or sufficient risk to Mr. Martinez's security to justify a publication ban; therefore the request for a ban was denied, with the Tribunal reserving the right to make targeted orders if specific security concerns arise during cross-examination.

Citation
2007 CHRT 11
Parties
Complainant: Center for Research-Action on Race Relations; Commission: Canadian Human Rights Commission; Respondent: www.bcwhitepride.com
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
12 April 2007
Procedural Posture
Canadian Human Rights Tribunal / Ruling on Publication Ban During Cross Examination
Outcome
Request for publication ban denied
Legal Topics
Publication Ban, In Camera Hearing, Security Risk Assessment, Online Harassment, Evidence Disclosure
Source Language
English
Human Rights Freedom of Expression Privacy and Security Court Procedure Publication Ban In Camera Hearing Security Risk Assessment Online Harassment +1 more

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Parties

Center for Research-Action on Race Relations

Complainant

Canadian Human Rights Commission

Commission

www.bcwhitepride.com

Respondent

Procedural Posture

Canadian Human Rights Tribunal / Ruling on Publication Ban During Cross Examination

Legal Issues

  1. 1 Whether a publication ban or in camera hearing should be ordered for Mr. Martinez's cross-examination
  2. 2 Whether disclosure of Mr. Martinez's cross-examination would create a real and substantial risk of undue hardship or seriously endanger his life, liberty or security under s.52(1)(c) and (d) CHRA
  3. 3 Whether existing online material and the DVD constitute sufficient evidence of a security threat

Ratio Decidendi

On the evidence before it the Tribunal concluded that existing online postings and the DVD did not establish a direct and immediate threat or sufficient risk to Mr. Martinez's security to justify a publication ban; therefore the request for a ban was denied, with the Tribunal reserving the right to make targeted orders if specific security concerns arise during cross-examination.

Court Disposition

Request for publication ban denied

Orders

  • Request to impose a publication ban on Mr. Martinez's testimony during his cross-examination by Mr. Fromm is denied
  • Cross-examination to proceed in public; Tribunal will consider and may make specific orders if security concerns arise during the course of cross-examination