Ontario judge orders website
March 27, 2009 by thenonconformer
An Ontario Superior Court judge has ordered a pair of website owners to turn over identifying information about eight people being accused of defamation after posting anonymous comments. Kershman cited a 2004 case that said privacy cannot be used to protect a person from the application of civil or criminal liability, and that privacy rights must be balanced against the rights of other interests and the public interest.He also cited a 2008 child pornography case, in which a judge ruled that a person’s name, address and the name of their spouse are not information that one would expect to keep private from the state under such circumstances.University of Ottawa law professor Michael Geist, said the court must ensure that a proper balance is struck between the rights of a plaintiff and the privacy and free speech rights of an anonymous poster. In order to do that, it must set a high bar for plaintiffs to meet in order to justify overriding the poster’s rights. Warman is in the process of suing the Fourniers, alleging they “falsely and maliciously published and circulated” information on the site that claimed Warman had posted hateful, racist words. The allegations have not been proven in court.. “In my view, the defendants are under an obligation to disclose all documents in their power and control,” Justice Stanley Kershman said in a ruling delivered Monday to defendants Connie Wilkins-Fournier and Mark Fournier of Kingston, Ont., who run the website Free Dominion. Kershman also ordered the couple to pay $5,000 in costs to the plaintiff in the case, Ottawa human rights lawyer Richard Warman, described by Kershman as an “anti-hate speech advocate.”Warman had requested, for use in a court action, access to documents that would assist in identifying the anonymous posters and their locations, such as:
- Email addresses and all personal information.
- The IP addresses of their computers.
- Documents concerning the establishment and operation of the website, such as hosting agreements, billing information, and website registrant names.
The Fourniers had argued that people using the message boards do so with the expectation of anonymity and may make statements or provide information that they wouldn’t normally with family, friends or co-workers.
It is still up to the courts or the Human Rights commissions firstly to confirm, to define what is actually libelous, slanderous, a hate email message.. and someone’s else’s statement and opinions on the subject does not count. But to be on the safe side if you want to avoid court costs, ligation, if you are unsure if what you write is libel, slanderous, prosecutable better not post it on the net. Wrongfully accusing someone of posting a hate message or accusing them of being a racist clearly can be challenged in courts as a hate message itself and prosecutable.
This too is not a hate message – “I would like to recommend an excellent book by Stephen Sizer, entitled ’Christian Zionism, Road Map To Armageddon?, which I believe, will shed a great deal of light on the topic of Christian Zionism. Many millions have been bamboozled and deceived by this cultish movement, and few will ever utter a word against the State of Israel as a result. In the book ’Christian Zionism: Road Map To Armageddon’ Stephen Sizer goes into great detail in exposing the historical roots of Christian Zionism. Mr Sizer talks about things such as the Balfour declaration, CI Scofield and the Scofield Bible, and the influence that it has had in the world. The names of the people who have been associated with this cultish teaching are very well known, people such as John Darby, D.L Moody, Hal Lindsey, and Pat Robertson, just to name a few. ” JERUSALEM – Israel’s military on Thursday ordered a criminal inquiry into its own soldiers’ reports that some troops killed Palestinian civilians, including children, during the Gaza war by hastily opening fire, confident that relaxed rules of engagement would protect them.Their accounts, published in a military institute’s newsletter, echo Palestinian allegations and feed into human-rights groups’ contention that Israel violated the laws of war. Soldiers also reported the wanton destruction of civilian property. READ THE FULL MSNBC ARTICLE HERE
That reminds me there is one lying, slanderous message on the net about me by a poster who lied and said the police had came to my home cause I wrote a message, spam to the members of parliament and he needs to get his facts straight first, for that never had happened. For no police came to my home, and no police report exists in such a related matter. Writing to the news editors, elected representatives others who post their email address on the net is firstly not spam.. and the same poster now had lied about me and now he clearly can be sued too for slander, hate, etc., and his anonymity will not help cause his trademark name is well known already too.
An Ontario premier had sent the MUC police to my home though as detailed on the net, using my right of free speech and my right to be heard, but still no related charges were filed by the MUC police, I still continued to write to the same bad premier even openly on the net who himself even as a direct result next lost his reelection..
Me being a very prolific write on many topics, having about 30 web sites as well, I expect to step on some toes. In fact I often do encounter people who falsely try to intimidate me, obstruct and suppress justice, threaten to take me to court for my public exposure. And my general reply go ahead we all do need the publicity, and I do first tell the Police I refuse to discuss anything with them unless witnesses are present such as news reporters and they always run away too. I tend to write openly on the web to all too. I still believe in rightful free speech of all..
it is in Queen’s court records that a Canmore RCMP officer had said to me if you do not shut up we will shut you up for good.. I next did not shut up.. not even about their ongoing bad RCMP acts.