Skip to comments.Canadian court orders release of forum data (Free Dominion)
Posted on 03/24/2009 7:01:42 AM PDT by Sir Gawain
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A judge has ordered Free Dominion, the Canadian counterpart to Free Republic, to release the records of its anonymous forum posters in order to enable a lawsuit by Richard Warman. The release will mean the end of anonymity for all practical purposes in Canada, as well as an end to privacy for Free Dominion itself, which must also produce all its hosting agreements and ownership information as well. The judge offered this ironic justification for his order:
 In the case before the court, we are dealing with an anti-hate speech advocate and Defendants whose website is so controversial that it is blocked to employees of the Ontario Public Service.
That’s the threshold for privacy in Canada? Anyone styling themselves as an “anti-hate speech advocate” can raid the records of a web community he doesn’t like? Note also the circular reasoning here employed by Judge Stanley Kersham. If the government sees fit to block a website from its employees at some level, then it’s permissible to strip them of their rights to privacy and speech at any point.
As far as the “anti-hate-speech” advocate himself, Kersham seems to have missed this finding by the Canadian Human Rights Tribunal from just two weeks ago. Richard Warman was not just a customer of the CHRC, he was one of its big offenders as well:
I do not see any acceptable reason for Mr. Warman to have participated on the Stormfront or Vanguard sites, since there appears to be ample easily obtained messages on these sites available without his involvement. Moreover, it is possible that his activity in this regard, could have precipitated further hate messages in response. His explanation for including other hate messages in his postings by mistake seems very weak to me.
Mr. Warman has, with the assistance of the Commission, instituted most of the s. 13 (1) complaints under the Act that have come before the Tribunal. He has been very successful in these cases and has garnered accolades for his work in this regard. The evidence in this case of his participation on Internet sites similar to the Northern Alliance site is both disappointing and disturbing. It diminishes his credibility. For this reason and because the activities of the Respondents have ceased for a lengthy period of time, I will not make any further Orders in this matter.
In essence, Kersham just allowed a participant on neo-Nazi discussion forums to raid Free Dominion’s business records.
Free Dominion wants to fight this ruling but is just about out of funds. Read their entire post to find out how you can help, and keep up with the story at Five Feet of Fury as well. If you haven’t already done so, order your copy of Ezra Levant’s Shakedown, which has more on the Human Rights Commission, its tribunal, and Richard Warman.
Free Dominion would have been better off to have kept it’s hosting in the US or in some other place that was out of reach of Canadian busy-bodies.
being in Canada, with everything that happened to Mark Steyn, they should have seen this coming. They should have asked themselves how much information it was necessary to keep.
From what I’ve read, Warman was a baiter, he would sign up to sites and post anything and everything to elicit a negative response he could use, most of his posts where worse than the ones he is complaining about.
Time to donate to them, friends!
If the Canadian government finds Free Dominion so objectionable, they should pass a retroactive 90% tax on anyone involved with the website.
Warman is a whiney jerk. Calling him “Mr.” is an insult to actual men.
They should fold up shop, destroy the records and move the hosting to the US. Screw the fascist bastards.
We are done with the GWOT. The Obama administration has rescinded the use of the term “Global War on Terror”. Office of Management and Budget (OMB) has advised DoD to replace this term with “Overseas Contingency Operations” in correspondence.
FR and America: Free Dominion is the canary in the mine shaft. Beware of how this will ripple in this country.
The Free Dominion server is in Panama.
FD might want to have an Unfortunate Incident impact their disk drives.