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Date: Wed, 31 Oct 2001 04:11:52 -0500
To: efc-talk@efc.ca
From: Marc Lemire 
Subject: ACTION CALL:  FREE SPEECH UNDER ATTACK IN CANADA!!  BILL C-36
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---------------------------------------------------------------------------
                CANADIAN ASSOCIATION FOR FREE EXPRESSION
---------------------------------------------------------------------------
   CAFE                                  FREE SPEECH MONITOR NEWSLETTER
   P.O. Box 332, Stn. "B"                          $25.00/Year
   Etobicoke, Ontario
   M9W 5L3                                          *INTERNET*
   Telephone: (905) 897-7221                    cafe@canadafirst.net
   Fax: (905) 277-3914                   http://www.canadianfreespeech.com
          --------------------------------------------------------


                        >> URGENT ACTION CALL <<


SIGN OUR ONLINE PETITION!  YOUR MESSAGE SENT STRAIGHT TO MEMBERS OF
PARLIAMENT!

      http://www.canadianfreespeech.com/petitions/bill_c-36/index.html




           Fight C-36. Let's Stop Terrorists, Not Free Speech

        Dissent & A Free Press Are Targets of Anti-Terrorist Bill


	"The federal government has handed the terrorists a cheap victory," said
Canadian Association for Free Expression Director Paul Fromm in Toronto
today. "A number of provisions sneaked into C-36, the government's omnibus
anti-terrorism bill now before Parliament, are aimed at gagging political
dissent and subjecting the Internet to the vice of political correctness,"
Fromm charged.

	The government proposes to let a judge, on the basis of a sworn
information, order the deletion of material from any Internet site in
Canada that, "on the balance of probabilities", constitutes "hate
propaganda" -- that is, wilful promotion of  hatred against an identifiable
group (colour, race, religion or ethnic origin). A hearing would be held
within a "reasonable" period of time where the person who posted the
material could advance arguments as to why the material was not "hate
propaganda". If the judge  ruled against the writer, the order would be
permanent. If he ruled the material was not hate propaganda, it could not
be restored "until the time for final appeal has expired."

	"This is carte blanche for censorship of websites that criticize the
government's failed immigration policy," said Fromm. "Material can be
ordered removed from websites. There is no definition of a 'reasonable'
time within which a hearing must be held. The judge can order the permanent
removal of offensive opinion on mere probability that it constitutes 'hate'
against privileged groups, not that it does so 'beyond a reasonable
doubt,'" Fromm said.

	Timely material can be ordered gagged and might not be restored to a
website until many months or years later, after all appeals have been
exhausted. "Ironically, this is not a war on terrorism, but a war on free
speech," Fromm charged.

	If anything, the government's attack on the Internet becomes even more
insidious as it has amended Section 13.1 of the Canadian Human Rights Act.
Section 13.1 makes it a discriminatory practice to publish anything that is
"likely to expose to hatred or contempt" members of a long list of
privileged groups  (race, national or ethnic origin, colour, religion, age,
 sex, sexual orientation, marital status, family status, disability, or
conviction for an offence for which a pardon has been granted). "Under
Section 13.1, truth is no defence, nor does intention matter," says Fromm. 

	The Canadian Association for Free Expression has been an intervenor in the
two attempts thus far to extend Section 13.1, which originally was aimed at
telephone  messages, to the Internet.

	"The Canadian press will be under the gun," Fromm warned. Almost all
newspapers and magazines are now "on-line." Presently, newspapers and
magazines only have to worry about Section 319 ("hate propaganda") of the
Criminal Code when writing on controversial matters about ethnic groups or
religions -- say, the role of Islam in the recent terror bombings. Under
Section 319, truth and intention are defences. "However," warns Fromm, "a
large number of media may soon find themselves hauled before human rights
tribunals for statements they made that offended an ethnic or religious
group. Truth will be no defence. A sincere intention to discuss a problem
will be no defence."

	The government's justification for its assault on dissent and a free press
is mendacious," says Fromm. The Justice Department asserts: "Following the
attack on September 11, Canadians have called for a renewed commitment to
Canadian values of respect, equality, diversity and fairness and a strong
condemnation of hate-motivated violence that has occurred in Canada and
elsewhere against innocent people." "There has been virtually no 'hate
motivated violence' in Canada against  innocent people since September 11,"
said Fromm. This is a complete red herring. People are calling for
protection from terrorists not from diversity of opinion."

	"On September 11 nobody died because of the Internet. Over 5,000 people,
including several dozen Canadians died because of the lax
immigration/refugee policies of both the American and Canadian
governments," Fromm charged. "These anti-free speech measures don't even
mention terrorism, defence of terrorism, or promotion of terrorism. They
are aimed  simply at the critics of the Canadian government's disastrous
immigration policy," Fromm concluded.
--30--


URGENT CALL TO ACTION

However, totalitarian proposals are not yet law. If you care about freedom,
call or write your MP immediately and demand that these sections be deleted
from C-36.. Even more important, go and see him at his constituency office
in the next few weeks. In decent terms, explain that you cherish freedom of
expression and debate. All  historical/religious questions must be open for
discussion. There can be no sacred cows. What sort of "truth" cannot stand
challenge and debate? This legislation is aimed at silencing dissent over
the government's failed immigration policy. Let's restrict immigration and
terrorists, not the free speech of Canadians on the Internet.

 Secondly, write, e-mail or FAX Justice Minister Anne McLellan (c/o House
of Commons, Ottawa, Ontario, K1A 0A6. Telephone: (613) 992-4524; Fax: (613)
990-7255; Email: McLellan.A@parl.gc.ca Let her know that you oppose the
idea of sneaking such totalitarian  measures into anti-terroist
legislation. Let the politicians know that this will be a controversial and
unpopular measure, if it becomes legislation.

Please copy the enclosed petition. Get your friends to sign it and submit
it to CAFE and we'll have it introduced in  Parliament


Attached are:
1. the Department of Justice's explanation for these censorship measures and
2. the relevant sections of C-36.
3. A petition to copy and get signatures on.

1. STRONGER LAWS AGAINST HATE CRIMES AND PROPAGANDA

Following the attack on September 11, Canadians have called for a renewed
commitment to Canadian values of respect, equality, diversity and fairness
and a strong condemnation of hate-motivated violence that has occurred in
Canada and elsewhere against innocent people. This is a campaign against
terrorists and not against any one community, group or faith. The
Government of Canada is proposing changes to legislation that address the
root causes of hatred, reaffirm Canadian values and ensure that Canada's
renowned respect for justice and diversity is reinforced. Measures would
include:


amendments to the Criminal Code that would allow the courts to order the
deletion of publicly available hate propaganda from computer systems such
as an Internet site. Individuals who posted the material would be given the
opportunity to convince the court that the material is not hate propaganda.
The provision would apply to hate propaganda that is located on Canadian
computer systems, regardless of where the owner of the material is located
or whether he or she can be identified. 


Criminal Code amendments that would create a new offence of mischief
motivated by bias, prejudice or hate based on religion, race, colour or
national or ethnic origin, committed against a place of religious worship
or associated religious property. This offence would be subject to a
maximum penalty of 10 years when prosecuted on indictment, or to a maximum
penalty of eighteen months on summary conviction. 


amendments to the Canadian Human Rights Act to make it clear that using
telephone, Internet or other communications tools for hatred purposes or
discrimination is prohibited. 

____
2. CRIMINAL CODE

      Warrant of seizure

          320.1 (1) If a judge is satisfied by information on oath that
there are
    reasonable grounds for believing that there is material, that is,
hate
    propaganda within the meaning of subsection 320(8) or data within
the
    meaning of subsection 342.1(2) that makes hate propaganda available,

    that is stored on and made available to the public through a
computer
    system within the meaning of subsection 342.1(2) that is within the
    jurisdiction of the court, the judge may order the custodian of the
    computer system to


        (a)
           give an electronic copy of the material to the court;
       (b)
           ensure that the material is no longer stored on and made
available
           through the computer system; and
        (c)
           provide the information necessary to identify and locate the
person
           who posted the material.


   Notice to person who posted the material
         (2) Within a reasonable time after receiving the information
referred to in
   paragraph (1)(c), the judge shall cause notice to be given to the
person who
   posted the material, giving that person the opportunity to appear and
be
   represented before the court and show cause why the material should
not be
   deleted. If the person cannot be identified or located or does not
reside in
   Canada, the judge may order the custodian of the computer system to
post the
   text of the notice at the location where the material was previously
stored and
   made available, until the time set for the appearance.
   Person who posted the material may appear
         (3) The person who posted the material may appear and be
represented in
   the proceedings in order to oppose the making of an order under
subsection
   (5).
   Non-appearance
         (4) If the person who posted the material does not appear for
the
   proceedings, the court may proceed ex parte to hear and determine the

   proceedings in the absence of the person as fully and effectually as
if the
   person had appeared.
   Order
         (5) If the court is satisfied, on a balance of probabilities,
that the material
   is available to the public and is hate propaganda within the meaning
of
   subsection 320(8) or data within the meaning of subsection 342.1(2)
that
   makes hate propaganda available, it may order the custodian of the
computer
   system to delete the material.
   Destruction of copy
         (6) When the court makes the order for the deletion of the
material, it may
   order the destruction of the electronic copy in the court's
possession.
   Return of material
         (7) If the court is not satisfied that the material is
available to the public
   and is hate propaganda within the meaning of subsection 320(8) or
data
   within the meaning of subsection 342.1(2) that makes hate propaganda
   available, the court shall order that the electronic copy be returned
to the
   custodian and terminate the order under paragraph (1)(b).
   Other provisions to apply
         (8) Subsections 320(6) to (8) apply, with any modifications
that the
   circumstances require, to this section.
   When order takes effect
         (9) No order made under subsections (5) to (7) takes effect
until the time
   for final appeal has expired.


R.S., c. 27 (1st Supp.), s. 55



      12. Section 430 of the Act is amended by adding the following
after subsection (4):

      Mischief relating to religious property

          (4.1) Every one who commits mischief in relation to property
that is a
    building, structure or part thereof that is primarily used for
religious
    worship, including a church, mosque, synagogue or temple, or an
object
    associated with religious worship located in or on the grounds of
such a
    building or structure, and the commission of the mischief is
motivated by
    bias, prejudice or hate based on religion, race, colour or national
or ethnic
    origin,


        (a)
           is guilty of an indictable offence and liable to imprisonment
for a
           term not exceeding ten years; or
       (b)
           is guilty of an offence punishable on summary conviction and
liable
           to imprisonment for a term not exceeding eighteen months.


R.S., c. 27 (1st Supp.), s. 58



                       Canadian Human Rights Act

      88. Subsection 13(2) of the Canadian Human Rights Act is replaced
by the
following:

      Interpretation

          (2) Subsection (1) does not apply in respect of any matter
that is
    communicated in whole or in part by means of the facilities of a
    broadcasting undertaking but does apply to a matter that is
communicated
    by a computer or a group of interconnected or related computers,
    including the Internet, or any similar means of communication.

--------------------

To The Honourable House of Commons in Parliament Assembled

The petition of the undersigned residents of Canada who now avail
themselves of their ancient and undoubted right thus to present a grievance
common to your petitioners in certain assurance that your honourable House
will therefor provide remedy,

HUMBLY SHEWETH

 Whereas the federal government has introduced Bill C-36, an act to protect
Canadians and combat terrorism;

Whereas this legislation contains measures that would gag the Internet;

Whereas these measures would allow a judge to order the deletion of
material from Canadian websites that might be "hate propaganda" before any
such charge had been proved;

Whereas this material would be deleted until all avenues of appeal had been
exhausted, thus, likely until the material was no longer timely;

Whereas Bill C-36 would give the Canadian Human Rights Commission, under
Section 13.1, control over "hate" on the Internet and truth or intention
would be no defence;

Whereas what would be legal in print -- newspapers and magazines -- would
become illegal if posted on the Internet as the Canadian Human Rights Act
provides few defences;

Whereas no one died because of the Internet on September 11, but over 5,000
persons, including several dozen Canadians, died because of poor screening
of immigrants and "refugees";

Whereas there has been no open public consultation on any proposed changes.

 Whereas these proposed changes infringe on the personal liberty of all
Canadians, seek to gag dissent on the Internet, including criticism of the
government's failed immigration policies, and violate common sense and
natural justice in ruling out truth as a defence;

 And, whereas such new laws are unnecessary.

THEREFORE, we, the undersigned, your Petitioners, humbly pray and call upon
Parliament to remove these sections from Bill C-36 and focus on terrorism
and terrorists instead.

And in duty bound your Petitioners will ever pray.

DATE: _____________________________________

Name (Please print)                                 Address
                                                             Signature

1.___________________________________________________________________________

2. __________________________________________________________________________

3. __________________________________________________________________________

4. __________________________________________________________________________

5.___________________________________________________________________________

6.
____________________________________________________________________________

7.__________________________________________________________________________

8.___________________________________________________________________________

9.___________________________________________________________________________

10.__________________________________________________________________________

11.__________________________________________________________________________

12.__________________________________________________________________________

13.__________________________________________________________________________

14.__________________________________________________________________________

15.__________________________________________________________________________

16.__________________________________________________________________________

17.__________________________________________________________________________

18.__________________________________________________________________________

19.__________________________________________________________________________

20.__________________________________________________________________________

21.__________________________________________________________________________

22.__________________________________________________________________________


23________________________________________________________________________


24_________________________________________________________________________


---------------------------------------------------------------------------
                CANADIAN ASSOCIATION FOR FREE EXPRESSION
---------------------------------------------------------------------------
   CAFE                                  FREE SPEECH MONITOR NEWSLETTER
   P.O. Box 332, Stn. "B"                          $25.00/Year
   Etobicoke, Ontario
   M9W 5L3                                          *INTERNET*
   Telephone: (905) 897-7221                  cafe@canadafirst.net
   Fax: (905) 277-3914                    http://cafe.canadafirst.net
---------------------------------------------------------------------------

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