Ronnie, Author at Canuck Law

September 14, 2024September 28, 2024

HateGate, Part 4: A Look At Hategan’s Book “Race Traitor”

This continues the series on “HateGate”. This is the fake scandal which supposedly showed that the Emergencies Act was invoked because of a meme. More broadly, this ongoing series covers Diagolon, the fed honeypot used as an intelligence gathering operation.

Parts 1, 2, 3, 4 and 5 of the Schill gun grab are here.
Parts 1, 2 and 3 of the HateGate scam are available as well.

Followers of this cult repeat the talking point that the group was “vindicated” by the HateGate Report. This was the 85 page document from Caryma Sa’d and Elisa Hategan. The short version is that the RCMP, CSIS and Government relied on speculative reporting (such as from the Canadian Anti-Hate Network), and wrongly sounded the alarm.

Aside from the fact that the “smoking gun” 1,082 page FOIPIP package doesn’t support this, there’s a lot of background information missing about the story.

Turns out that Hategan, one of the co-authors of the HateGate Report wrote a book years back called Race Traitor. She’s also posted about her desire to lock up “racists“. It’s a little bizarre that she would work to clear people who despise her for being Jewish and a lesbian.

Hategan talks at length about her time with “Heritage Front”, which was a prominent neo-Nazi group back in the 1980’s and 1990’s. She was involved with it as a teenager, even committing illegal acts. She also writes about how one of the co-founders, Grant Bristow, in fact worked for CSIS. As it turns out, CSIS was largely responsible for creating, financing and growing it.

And why? To act as a honeypot to identify and gain intelligence about whites concerned about demographic changes.

The parallels between Heritage Front and Diagolon are striking. Despite this, Sa’d and Hategan go out of their way to avoid asking the obvious question: is Diagolon just another operation?

Summary Of Hategan’s Book: Race Traitor

Hategan’s book is available online. Unsurprisingly, it’s a biography, told in first person. To avoid any frivolous claims of copyright infringement, the text won’t be included. However, here are some of the more interesting sections, with page numbers.

(Page 5) The Prologue starts. Hategan is quite open and upfront that Heritage Front was in fact created and partially funded by CSIS, and that Grant Bristow was a CSIS agent. She also testified in Court about several of the members.

(Page 48) Hategan gets into details about recruitment of Heritage Front, and about how its goals included preventing what was already underway in Europe with illegals invading.

(Page 92) Hategan has discussions about the books: (a) The Turner Diaries; and (b) Day of the Rope. Incidently, those books are also promoted by Jeremy MacKenzie and Diagolon.

(Page 110) Hategan talks about going to rallies with Heritage Front. She also acknowledges that media attention helped make the group a household name. Didn’t the same thing happen with MacKenzie and Diagolon?

(Page 124) Hategan talks about efforts to infiltrate the Reform Party, led by Preston Manning at the time. Interestingly, the same claim is made today about Poilievre and Bernier’s organizations. Hategan admits that had Bristow been charged then, a lot of people wouldn’t have been harassed.

(Page 131) Hategan goes into detail about surveillance and intelligence gathering methods used by Heritage Front. These included:

Cracking answering machine passwords
Using phone books and pretext phone calls to get addresses
Impersonating the targets
Impersonating journalists
Attending rallies in disguise
Using utility records and voting registries to get addresses
General stalking

Now, considering Diagolon’s “Road Rage Terror Tour” over the summer, can one see how it might be used to gather information on supporters?

(Page 161) Hategan talks about a complaint filed with the Human Rights Commission, which was designed to shut down the “Heritage Hotline” that had been in operation.

(Page 191) Hategan talks about the names and addresses of members that she’d handed over to authorities. She also laments that she picked up an additional criminal charge — s.319 (inciting hate). While rich “Nazis” would be able to delay Court matters for years, she’d have to answer for it.

(Page 210) Hategan was now gathering intelligence on international “hate groups”, all of which she would be turning over to authorities.

(Page 248) Hategan talks about being the star witness for the Canadian Human Rights Commission in their case against Heritage Front.

(Page 306) Hategan claims that the Government essentially whitewashed the operation, including the full scale of what Grant Bristow had been involved with. Bristow’s conduct amounted to harassment, intimidation, threatening and stalking of activists. He wasn’t charged with any of it.

There’s also a lot of personal backstory included, some of it relevant.

This is by no means the complete book, just some of the highlights. Hategan also comes across as very bitter that Bristow was placed in witness protection, while she was not. She reasons that her testimony directly led to people being locked up, while he didn’t.

In any event, this took up years of Hategan’s life. It’s inconceivable that she wasn’t aware (or at least very suspicious) of the rise of MacKenzie and Diagolon. There are simply too many parallels.

While it’s true that “podcast culture” wasn’t a thing in the 1990’s, the tactics used then eerily resemble what’s been going on today.

They All Had To Have Known Ahead Of Time

Back in January 2021, Hategan posted on Twitter some biographical information. An even earlier post (2017) has her bragging about “sending racists to jail”.

Even further back, in 2020, Hategan posted on Twitter that she had directly caused 3 white supremacists to go to jail. She also published that she had produced some 30 Affidavits for the police (actually, the Ontario Provincial Police) to help them with gun related crime.

Hategan had a “continuous relationship with law enforcement”.

Isn’t that what Jeremy MacKenzie stated he was interested in having?

So, why were there no questions about the HateGate Report that she co-authored? In fact, she’s claimed several times to have been the main author of it. Why then, would Diagolon members be celebrating the work of a police informant who would have them locked up for their views?

As an aside, Hategan threatened to sue Derek (Rants) Harrison over him including her in his (satire?) book called “Meme Kampf”. One would think that this would cause him to look a bit deeper into the people who supposedly “cleared” his organization. But apparently not. It takes effort to be this uninterested in the truth.

When the Report was released in September 2023, Hategan posted this online. While promoting this book, she quite openly stated that CSIS played a large role in creating Heritage Front.

One then has to ask the obvious question: why downplay or minimize the obvious connection that Diagolon could also be a Government honeypot? If it was done once, who says it couldn’t be again?

Misrepresenting Content Of 1,082 Page FOIPIP

Ever wonder why this “smoking gun” FOIPIP package is never released? Hategan bragged about how this was real investigative journalism. This was supposed to be the proof of gross police incompetence and coverup, remember?

Most likely, it’s because the full package doesn’t support their conclusions. Instead, a few cherry-picked emails are used as the basis of this conspiracy.

The FOIPIP request didn’t act for all records related “to the invocation of the Emergencies Act”. It just asked for records on Diagolon itself. From there, Sa’d and Hategan made the assumption that this was a complete record of everything that transpired.

So-called alternative media such as Viva Frei and Harrison Faulkner apparently never bothered to do any digging into the story. If they had, they’d have uncovered all kinds of holes. But it’s not just the mainstream press that can’t be trusted.

Questions for “Diagolon” members:

(1) Does it concern you at all that the primary author of the HateGate Report was a law enforcement asset? She cooperated with police over a long period of time.

(2) Does it concern you she was working for a CSIS honeypot?

(3) Are you at concerned about the reliability of your HateGate Report, considering Hategan has publicly stated that she wants to see racists jailed? And by “racists”, she means the kind of people who tune in to see the Raging Dissident.

(4) Does it concern you that Hategan would write a book outlining all this information, and people either never knew, or never cared?

(5) Do any of the parallels between Heritage Front and Diagolon alarm you?

September 1, 2024November 13, 2024

Rickard/Harrison Claim Seriously Defective, Will Never Get To Trial

The Federal Government has filed a Motion to Strike the 2023 lawsuit from Shaun Rickard and Karl Harrison.

See parts 1, 2 and 3 in the series so far.

For context, they previously filed an Application challenging the Interim Orders which mandated the injection pass to travel on trains or airplanes. 3 other Applications were filed with near exact circumstances, and for simplicity, were to be heard together. There was an impressive compilation of 23 Affidavits and 15 export reports included as evidence.

But before the cases could be heard, the Government brought a Motion to strike the 4 Applications for “mootness”. In essence, this is the idea that there is no longer a live issue to try. Since the travel mandates, weren’t in effect currently, the Government argued it was a waste of time and money. Apparently, no one was seeking damages.

Justice Jocelyne Gagné granted the Motion and threw the cases out, despite pleas to hear them anyway. Applicants were concerned that mandates could come back at a later time.

However, Justice Gagné did “throw a bone” to the Applicants. She stated in the ruling that if any of them had damages to recover, they could file a Claim and do so. Although not explicitly stated, presumably the ad hoc challenges to the mandates could still go on.

Instead of filing Claims and asking for damages, lawyers for all 4 Applications appealed. It was never made clear what possessed them to do it.

After screwing up at the Federal Court of Appeal — and this will be addressed later — most of the Applicants tried to go to the Supreme Court of Canada. They lost. Rickard and Harrison finally decided after the first Appeal to file a Claim. This is what the article will address.

The Rickard/Harrison suit is very poorly written, and likely to be struck for a series of procedural defects. It’s hard to believe they were represented by counsel.

A Necessary Disclaimer

To address the obvious: in no way, shape or form is this meant to excuse or justify “injection mandates”, whether for travel, or general livelihood. That being said, we need to be realistic about this case. It’s going nowhere.

While the original 4 Applications were struck as “moot”, this case has its own problems that will most likely see its demise.

Brief History On These Cases

December 2021: The Rickard/Harrison Application is filed. (T-1991-21)

January 2022: The Naoum Application is filed. (T-145-22)

January 2022: The Peckford Application is filed. (T-168-22)

February 2022: The Bernier Application is filed (T-247-22)

Eventually, the Court decides that all cases will be heard together, in order to save time and expense. This happens fairly often. Over the next several months, some 6,650 pages of evidence would be amassed. This would include 23 Affidavits and 15 expert reports.

Before the case can be heard, however, the Government brings Motions to strike the Applications on the basis of “mootness”. At this point, there were no mandates in effect, and no one had damages to claim. It’s a preemptive effort to derail the case.

October 2022: All 4 Applications are struck as “moot” by Justice Gagné.

November 2022: Notices of Appeal are filed against the striking of the Applications.

A-251-22 (Peckford)
A-252-22 (Rickard/Harrison)
A-253-22 (Bernier)
A-254-22 (Naoum)

November 2023: Federal Court of Appeal dismisses Appeals of all 4 Applications.

This is where Rickard/Harrison diverge from the others. They will file a Statement of Claim very shortly, while the others will attempt to get leave to go to the Supreme Court.

SCC File #41082 (Peckford)
SCC File #41081 (Bernier)
SCC File #41100 (Naoun)

November 2023: Rickard/Harrison filed Statement of Claim in Federal Court. (T-2536-23)

December 2023: The Government files Notice of Intent to Respond

June 2024: Rickard/Harrison file amended Statement of Claim.

July 2024: The Government files Notice of Motion against Rickard/Harrison, indicating they want the Claim struck. Despite its short length, there are many problems.

August 2024: Applications for Leave (permission) to go to Supreme Court of Canada are dismissed for Peckford, Bernier, Naoun

Rickard and Harrison decided to go their own way. What then are the issues with the Claim that they filed?

1. Claim Doesn’t Actually Challenge Mandates Themselves

The previous Applications from Rickard/Harrison, Bernier, Peckford and Naoun all challenged that mandates themselves, which required the “injection passport” in order to take a plane or a train. They asked for “Declaratory Relief”, which is a ruling from a Judge that something is illegal.

However, looking at the Statement of Claim, it demands: (a) $1,000,000 in damages; (b) costs of the lawsuit; and (c) “other such relief”. That’s it. They’re not asking the Court to make Declarations of any sort, or challenge the constitutionality of these Interim Orders.

So, what then is the purpose here?

Even assuming that a Judge finds that Charter damages are warranted, it doesn’t mean that the mandates themselves (or any part of it) will be prohibited from being reinstated later.

2. Failure To Plead Necessary Material Facts

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

This is from Section 174 of the Federal Court Rules.

In the November 2022 version of the Statement of Claim, the lawyer who drafted the case pleaded no facts whatsoever about the circumstances of Rickard and Harrison. There was no information provided on which to base a reply. From the perspective of due process, this is bad, as the Defendants are entitled to know what the allegations they must defend against.

To be fair, the Claim was amended in June 2023. It provided some, but not really enough information to reply to. Pretty pathetic that the case just sat in limbo for months.

3. Failure To Plead Necessary Particulars

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

This is also from the Federal Court Rules.

The Statement of Claim (and the amended version) both make allegations of bad faith, abuse of office, and deceit. In these instances, there’s an additional requirement to plead particulars. This is also referred to as “particularizing a Claim”. What this means is that extra detail and information must be provided. There can be no doubt as to what Defendants are being accused of: who, what, where, when….

What’s been pleaded here seems to fall short.

For these kinds of cases, facts and particulars must be included. In Ontario, for example, pleading facts (s.25.06(1)) and particulars (s.25.06(8)) is outlined in their Rules of Civil Procedure. It’s similar everywhere.

4. Failure To Properly Plead s.6 (Mobility) Charter Breaches

Mobility of citizens
6 (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
.
(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.

This comes across as pedantic, but there are several errors with how this part of the Claim is written, and it’s addressed in the Notice of Motion.

First, Rickard and Harrison don’t actually plead that they are Canadian citizens. Apparently they are, but it needs to be included in the Claim. It wasn’t in either the original or amended version.

Second, Rickard and Harrison don’t plead that they were prevented from entering or leaving Canada. But to be fair, it becomes practically impossible to leave (outside the U.S.) without an airplane. This portion of the Claim needs to be explained better.

Third, Rickard and Harrison don’t plead that they were prevented either from residing in any province, or gaining a livelihood.

Fourth, since Rickard and Harrison only referenced air travel in their Statement of Claim, restrictions on trains wouldn’t be an issue for the Court to consider.

Theoretically, a breach of s.6(1) is doable in a challenge. While s.6(2) doesn’t seem to apply, they could argue that they had their only practical means of leaving the country removed, absent taking the shots.

5. Failure To Properly Plead s.7 (Security) Charter Breaches

Life, liberty and security of person
7 Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

This isn’t to justify the mandates, but Rickard and Harrison need to be realistic. S.7 challenges that dealt with this exact issue have been filed (and thrown out) across the country. They weren’t forced to take the injections, but had their ability to travel serious hampered.

Again, this isn’t to excuse the practice, but this challenge offers nothing new. Even if it did, the Claim is so poorly drafted that a Judge may not take it seriously.

6. Failure To Properly Plead s.15 (Equality) Charter Breaches

Equality before and under law and equal protection and benefit of law
15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

The areas that are specifically listed in Section 15(1) of the Charter are referred to as enumerated grounds. In addition, Courts have recognized others, known as analogous grounds.

Enumerated Grounds:

Race
National or ethnic origin
Colour
Religion
Sex
Age
Mental or Physical Disability

Analogous Grounds:

Sexual Orientation
Marital Status
Off-Reserve Aboriginal Status
Citizenship
Income

Many seem to think that Section 15 encompasses equality under and and all categories. It does not. In reality, it’s extremely limited. There’s nothing here which could be construed as “vaccination or medical status”. It isn’t even a new or novel challenge, and has been rejected countless times already.

Note: again, this isn’t in any way to defend the coercive injection mandates, but to point out that the Charter isn’t the solution people think it is. Rickard and Harrison appear to have been very poorly advised.

The End For Rickard/Harrison Challenge?

The Motion brought by the Government does concede that there may be a possible path forward with regards to the s.6 (mobility) challenge. Sections 7 and 15 are basically dead in the water, especially considering the litany of rulings on these exact issues.

However, the performance of their legal team has thus far been underwhelming.

Aside from those 3 provisions in the Charter, Rickard and Harrison don’t plead any other grounds. If these fail, then that’s the end.

Since they’re not even asking for declaratory relief anymore — challenging the travel restrictions in principle — then it’s unclear what purpose the 6,650 pages (Affidavits and expert reports) will serve.

To be honest though, the Plaintiffs may wish to retain more competent counsel.

After appealing Justice Gagné’s 2022 ruling, when the case could have simply been refiled as an Action, this is the result. We get a short, poorly written Claim that pleads very little of the necessary information. It’s amended later, but still falls far short of what’s needed.

While it would be nice to see a ruling that firmly condemns the “injection travel mandates”, it seems very unlikely that this is it.

Why Keep Covering The “Freedom Lawyers”?

All too often, these “freedom” challenges fail spectacularly. There are always theories about why this is happening: (a) the system is corrupt; (b) the Judge is bribed and/or threatened; (c) the lawyers are retarded; (d) the Charter is worthless, and so on.

However, a much less talked about concern is that the challenges brought forward are regularly complete trash. They’re filed too late, filed in the wrong court, or the wrong paperwork is done. There have been several cases of unionized workers who were advised to sue — as opposed to seeking arbitration — and predictably, those are thrown out for lack of jurisdiction. In countless other instances, the pleadings are drafted so poorly that there’s no prospect of advancing to Trial. There are many different excuses.

In these exact challenges, lawyers APPEALED a decision from Justice Gagné, when they could simply have REFILED the case as an Action. It’s Action4Canada all over again.

Aside from Rickard and Harrison, the other Applicants appealed for a second time (sought Leave at the Supreme Court of Canada) instead of refiling as a Claim.

Why does this continue to happen?

We’ve seen that Governments across Canada bribe the media to promote the “pandemic” narrative. This happens both with direct subsidies and advertising. Taxpayer money is used to finance and subsidize the “scientists” who call for more lockdown measures. Other subsidies are used to prop up businesses who implement mandates. Heck, Trudeau even gave bailout money (CEWS) to his political “opponents”. See above.

For reference: Conservative Fund is the fundraising branch of the Conservative Party of Canada. United Conservative Association is the similar arm of the Conservatives in Alberta. And yes, both the Federal Liberals and New Democrats also took the money.

There is a pretty obvious explanation of why these cases are handled so poorly. However, this site does not engage in kooky conspiracy theories.

FEDERAL COURT APPLICATIONS STRUCK:
(1) https://www.canlii.org/en/ca/fct/doc/2022/2022fc1463/2022fc1463.html

FEDERAL COURT OF APPEAL RULING:
(1) https://www.canlii.org/en/ca/fca/doc/2023/2023fca219/2023fca219.html
(2) Travel Mandates Appeal Bernier Memorandum
(3) Travel Mandates Appeal Peckford Memorandum
(4) Travel Mandates Appeal Rickard-Harrison Memorandum
(5) Travel Mandates Appeal Respondents Memorandum

SUPREME COURT OF CANADA APPLICATIONS FOR LEAVE:
(1) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80713/2024canlii80713.html (Bernier)
(2) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80711/2024canlii80711.html (Peckford)
(3) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80702/2024canlii80702.html (Naoum)

RICKARD/HARRISON STATEMENT OF CLAIM:
(1) Rickard T-2536-23 Statement Of Claim
(2) Rickard T-2536-23 Notice Of Intent To Respond
(3) Rickard T-2536-23 Amended Statement Of Claim
(4) Rickard T-2536-23 Notice Of Motion

STANDARD OF REVIEW:
(1) https://www.canlii.org/en/ca/scc/doc/2002/2002scc33/2002scc33.html
(2) Housen (Highlighted)

August 31, 2024November 13, 2024

Federal “Injection Travel Mandate” Cases: Why Appeal When They Could Have Been Fixed?

This is yet another instance of “alternative” media not telling the whole story.

Recently, the news broke that 3 Applications for Leave to the Supreme Court of Canada had been denied. These were attempts at secondary Appeals for Peckford, Bernier and Naoum, challenging the “travel mandates” and the requirement to take the shots in order to travel.

There was actually a 4th Application grouped together, but those litigants have since filed a Statement of Claim instead. The other 3 chose to take the above route.

For context, the 4 related Applications were filed in late 2021 and into 2022. Because they covered essentially the same subject matter, they would be heard together.

T-145-22: Nabil Ben Naoum
T-247-22: Maxime Bernier
T-1991-21: Shaun Rickard, Karl Harrison
T-168-22: Brian Peckford, Leesha Nikkanen, Ken Baigent, Drew Belobaba, Natalie Grcic, Aedan MacDonald

To make a very long story short: it didn’t have to be this way.

The Federal Court ruled in October 2022 that the 4 cases were “moot”, meaning there was no active issue to try. Since mandates were no longer in effect, all that was sought was declaratory relief. This was in spite of talk that injection mandates could return at some point.

Now the Applicants could have taken another path, and commenced Actions (and filed Claims). This was made clear to them.

Rather than do this, they all chose to appeal the mootness ruling.

They appealed, instead of taking the easier path to fix their case.

Basically, this is Action4Canada 2.0

Action4Canada Case V.S. Travel Mandates Case

Consider 2 high profile cases in recent years.

(Case #1) Back in August 2022, the Action4Canada case (filed in Vancouver) was struck as “bad beyond argument“. This 391 page monster failed to follow even the basics of Civil Procedure. It was incoherent, and asked for all kinds of remedies outside the jurisdiction of a Civil Court. However, Justice Alan Ross did allow an amended Notice of Civil Claim to be filed.

Instead of filing a proper Claim, the ruling was appealed instead. They lost.

(Case #2) Back in October 2022, the Federal Court struck 4 Applications to Federal injection mandates for travel for “mootness”. Justice Jocelyne Gagné made a discretionary finding that there was no live issue to try, since the mandates were no longer in effect. However, Justice Gagné, and Associate Justice Tabib, had remarked that if there were damages, then these cases could proceed as Actions. Of course, this would involve filing Statements of Claim.

Instead of filing Actions, ALL of the Applicants appealed.

Following this, they (other than Rickard and Harrison) attempted to appeal again.

The Action4Canada and travel mandate cases share a common thread. Although the circumstances differed, all were given the option to correct the flaws in their pleadings. Instead, each of them chose to appeal.

Filing Actions V.S. Filing Judicial Reviews

JURISDICTION	ACTION	JUDICIAL REVIEW	STEPS TAKEN
Federal	Statement Of Claim	Application	Motion
Ontario	Statement Of Claim	Application	Motion
British Columbia	Notice Of Civil Claim	Petition	Application

Although the names vary somewhat, there are normally a few different ways to commence legal action.

The most common way is with an Action, and it involves filing a Statement of Claim, or some similar document. These can be very simple cases, or they can be very complex and tedious.

A lesser known and understood method is by Judicial Review. In essence, it’s the challenging of some sort of decision or order made by some Government official. Despite how it’s often used, the idea is to challenge simple rulings, such as licences being denied, or funding not being received. It’s typically a much more streamlined process than Actions.

There is overlap between them, and the circumstances of each case determines which would be appropriate.

Why does this matter? Because the Federal Court left open the possibility for these litigants to refile their grievances as Actions, and ask for damages. Instead, they appealed, because …. reasons.

Rickard and Harrison were quite aware of this, as their 2022 Motion indicates. So when the Applications were struck, they could have refiled, but as Actions. They appealed, because …. reasons.

Justices Tabib & Gagné Stated That Case Could Proceed As An Action

True, at an earlier Motion, Associate Justice Tabib did dismiss a Motion that would have allowed the Rickard/Harrison Application to be converted into an Action. Yes, the original pleading wasn’t permitted to be amended to include damages.

Yes, Justice Gagné did strike the Applications as being “moot”. Since no one (apparently) sought damages in their Application, and the travel mandates were lifted, there apparently wasn’t a “live” issue to try.

However, consider what was actually written in the October 2022 decision.

[41] As stated above, these proceedings will have no practical effect on the rights of the Applicants. They have obtained the full relief available to them and a decision of the remaining declaratory relief would provide them no practical utility. If they suffered damages as a result of these IOs/MO being in force, they would have to bring an action against the Crown and have their respective rights assessed in light of all the relevant facts.

This is from the ruling, and is pretty clear. If there were damages suffered, then the case should be brought as an Action, not an Application.

Standard For Review: Housen v. Nikolaisen, 2002 SCC 33

After the 4 Applications were declared “moot” in the Fall of 2022, the Applicants could have converted them into Actions, and filed Statement of Claim for each (or one for everyone). Appealing made no sense, especially when looking at the “Standard of Review“. See highlighted version.

What this means is that different standards are applied, depending on whether someone is challenging a: (a) finding of fact; (b) application of or findings of the law; or (c) a discretionary act by a Judge.

Findings of fact: standard of review is “overriding palpable error”
Findings of law: standard of review is correctness
Exercises of discretion: standard of review is “overriding palpable error”

The standard of review for findings of fact is such that they cannot be reversed unless the trial judge has made a “palpable and overriding error”. A palpable error is one that is plainly seen. The reasons for deferring to a trial judge’s findings of fact can be grouped into three basic principles. First, given the scarcity of judicial resources, setting limits on the scope of judicial review in turn limits the number, length and cost of appeals. Secondly, the principle of deference promotes the autonomy and integrity of the trial proceedings. Finally, this principle recognizes the expertise of trial judges and their advantageous position to make factual findings, owing to their extensive exposure to the evidence and the benefit of hearing the testimony viva voce. The same degree of deference must be paid to inferences of fact, since many of the reasons for showing deference to the factual findings of the trial judge apply equally to all factual conclusions. The standard of review for inferences of fact is not to verify that the inference can reasonably be supported by the findings of fact of the trial judge, but whether the trial judge made a palpable and overriding error in coming to a factual conclusion based on accepted facts, a stricter standard. Making a factual conclusion of any kind is inextricably linked with assigning weight to evidence, and thus attracts a deferential standard of review. If there is no palpable and overriding error with respect to the underlying facts that the trial judge relies on to draw the inference, then it is only where the inference-drawing process itself is palpably in error that an appellate court can interfere with the factual conclusion.

A. Standard of Review for Questions of Law
.
On a pure question of law, the basic rule with respect to the review of a trial judge’s findings is that an appellate court is free to replace the opinion of the trial judge with its own. Thus the standard of review on a question of law is that of correctness: Kerans, supra, at p. 90.

There are at least two underlying reasons for employing a correctness standard to matters of law. First, the principle of universality requires appellate courts to ensure that the same legal rules are applied in similar situations. The importance of this principle was recognized by this Court in Woods Manufacturing Co. v. The King, [1951] S.C.R. 504, at p. 515:

Justice Gagné “exercised her discretion” to find that the 4 Applications were moot. In other words, she simply decided that the cases weren’t worth hearing. Now, why does it matter that she used her discretion?

As it turned out, the Appellants argued the wrong test. 2 of them thought it was “correctness”, and the other 2 didn’t specify what they wanted.

Appealing a “discretionary” order is damn near impossible. It’s not enough to say that someone can come to a different conclusion. It must be demonstrated that the Judge’s use of that discretion contained outright error. It’s a much higher standard than correctness.

The Appellants also tried arguing the merits of their cases. However, the only issue to be decided was whether Justice Gagné committed “overriding palpable error” by finding the cases to be moot. It seems that the lawyers don’t understand the purpose of appealing.

Considering that the Applicants could have simply refiled their cases as Actions, it’s baffling why they would do this.

Bernier, Peckford, Naoum Launch SECOND Appeal

The majority of these litigants apparently weren’t satisfied losing once in Appellate Court. They decided to try again with the Supreme Court of Canada. Remember, the goal here was to get the finding of “mootness” overturned. They (still) could have filed Actions — as they were advised — but appealed again, because …. reasons.

Not even “Mr. Bad Beyond Argument” attempted a second Appeal with Action4Canada.

“Applying for Leave” is a term that means asking for permission. The SCC doesn’t hear cases from all interested parties. Instead, it picks and chooses what it finds to be important. In fact, most Applications are denied.

Rickard and Harrison, to their credit, did finally make the right choice. However, their Claim has serious issues that will be addressed in a bit.

Bernier, Peckford, Naoum Likely Time Barred At This Point

Even if the above litigants wanted to refile their cases as Actions, it’s likely too late. For most things, the Statute of Limitations is 2 years. As we are now at the end of August 2024, it’s very unlikely that there would be any recent damages they could claim.

To sound like a broken record: they could have done this back in October 2022.

Rickard/Harrison Claim Not Properly Pleaded

Even though Rickard and Harrison are pursuing a Claim, they aren’t out of the woods yet. The pleading is Galati-level bad in terms of its quality.

The Claim is very bare-bones in terms of detail. A Judge might find that there aren’t sufficient facts pleaded. In fairness, the amended version fixes some of it.

Considering that there are allegations of “bad faith”, there’s a requirement to give full particulars, which hasn’t been done.

The Claim pleads breaches of s.6 (mobility), s.7 (security) and s.15 (equality) Charter Rights. However, none of them are properly pleaded. They don’t even specify that the Plaintiffs are Canadian citizens, which is required for the s.6 breach to have teeth. The Notice of Motion is actually quite a good reference point.

What Kind Of Idiot Appeals Instead Of Fixing Their Case?

Allison Pejovic, one of the lawyers involved in the SCC Leave Applications, released a video describing what had happened. She sounds very compelling and passionate. Taken at face value, there’s no reason to doubt anything she says.

However, what she fails to mention is that the Applicants (in all 4 cases) were able to proceed with the cases (as Actions) if there had been damages as a result. From the 2022 ruling:

[40] It is true that the parties, and to some extent the Court, have already invested financial and human resources in these files. However, most of the Court resources are yet to come with a five-day judicial review hearing and extensive writing time (these files comprise 23 affidavits and 15 expert reports totaling approximately 6,650 pages). That is without considering potential appeals to the Federal Court of Appeal and to the Supreme Court of Canada.

There were apparently: (a) 23 Affidavits; and (b) 15 expert reports, which totaled over 6,600 pages. Cross-examinations of witnesses also took place. And unlike with Action4Canada, these piles of documents actually exist. But because these lawyers appealed instead of refiling, these will never get to Trial.

And the way the Rickard/Harrison case is proceeding, it will go nowhere either.

One really has to wonder how all of the “freedom lawyers” can be so clueless and incompetent in pursuing cases against the Government.

FEDERAL COURT APPLICATIONS STRUCK:
(1) https://www.canlii.org/en/ca/fct/doc/2022/2022fc1463/2022fc1463.html

STANDARD OF REVIEW:
(1) https://www.canlii.org/en/ca/scc/doc/2002/2002scc33/2002scc33.html
(2) Housen (Highlighted)

August 26, 2024September 28, 2024

HateGate, Part 3: Why The Final Report Is Misleading

This continues the series on “Diagolon”. This is a so-called “meme” organization that shows the signs of being a honeypot run by either law enforcement or intelligence. Even if the members themselves aren’t connected directly, they function as “useful idiots” for the Government.

Parts 1, 2, 3, 4 and 5 of the Schill gun grab are here.
Parts 1 and 2 of the HateGate Scam are available as well.

Back in the Fall of 2023, this 85 page document was written by Caryma Sa’d and Elisa Hategan, and released by Crier Media. It supposedly proved the Emergencies Act had been invoked because of shoddy intelligence and poor research. Authorities engaged in a clownish series of acts and panicked over an edgy podcast.

This is in no way an attempt to justify the loss of freedoms that had been going on since 2020. That said, there are questions to ask about this report.

The strongest evidence is said to be the 1,802 page FOIPIP document. It’s comprised of emails, letters and memos between Government officials and law enforcement.

Interestingly, the massive FOIPIP released from the RCMP is quoted, but never linked. Nor was it included by any of the “media” outlets who covered the expose. Was was this receipt left out?

Here are just a few points to consider:

What Data Did FOIPIP Request Actually Ask For?

Any and All records, files (etc), documents, memos, e-mails, communication records, and reports on the subject of “Diagolon” or in relation or reference to the subject of Diagolon. Search term: Diagolon Also referred to as the Diagolon Network or Diagolon Militia.
Timeframe: January 01 2021 to August 15 2022

From this, Sa’d and Hategan went on to draw the conclusion that police are taking their information primarily from the media. After that, the police would feed this data — primarily from the Canadian Anti-Hate Network — to politicians, who (among other things) invoked the Emergencies Act. They apparently all fed off of each other, which was referred to many times as the “circle jerk”.

However, Sa’d and Hategan — in their FOIPIP request — didn’t ask for all “records, files (etc), documents, memos, e-mails, communication records, and reports” that resulted in the EA being invoked. Instead, the request was specific to the group, Diagolon. They then decided that these records were sufficient. It’s worth noting that the FOIPIP didn’t inquire about any other (alleged) extremists.

Nor did the FOIPIP request to obtain any “records, files (etc), documents, memos, e-mails, communication records, and reports” about how so-called violent extremists groups are defined, surveilled and dealt with.

Nor did the FOIPIP request to obtain any “records, files (etc), documents, memos, e-mails, communication records, and reports” about what information and evidence had been gathered on Diagolon. They didn’t ask to see anything from law enforcement directly. Granted, this would likely have been withheld, if investigations were ongoing.

The documents included here do have significant redactions, so there’s a lot of information that’s being withheld. Nonetheless, Sa’d and Hategan can apparently still piece together what was going on.

Point is, a lot of conclusions were drawn on a very incomplete record.

Authors Interviewed No Witnesses To Draw Conclusions

Pages 57 to 62 of the HateGate report quote some emails between various law enforcement and Government. From this, the authors conclude that the RCMP was working blindly to fulfill demands to dig up dirt on various extremist groups.

Problem is: going through their report, it doesn’t look like they interviewed a single witness, or even attempted to. Since the FOIPIP only asked about “Diagolon”, most likely there are many other emails not included. Given the gaps in the record (see previous section), one would think they would try to contact at least a few of the officers involved. After all, their email addresses were listed.

This isn’t to justify — in any way — the heavy handed approach that was used on peaceful protesters. Far from it. But these are very serious allegations to make, and it’s very speculative.

RCMP Expressed Doubt About Reliability Of CAHN Articles

Pages 16 through 26 of the 2nd FOIPIP package are worth a read. The RCMP does discuss Diagolon at length, and admits that a lot of the information they get came from CAHN. However, they also admit that it’s almost impossible to verify any of it, and that it’s unclear how CAHN can make these assertions with any level of confidence.

The RCMP also expresses doubts about a University of New Brunswick Professor named David Hofmann. They don’t know how he can state that Diagolon is an “American-style militia movement”.

They conclude that “operational information” would be needed to build any profile, since none of the open source claims can be verified.

Is this self serving? Maybe, but these are the same FOIPIP documents that are being used to make them look incompetent and dishonest. Yes, the RCMP does monitor the content CAHN puts out — that’s obvious — but they have doubts about its reliability.

MacKenzie’s Stream From February 15th, 2022

Starting at page 47 of the 6th FOIPIP package, MacKenzie’s video is mentioned, along with several quotes. He refers to himself (presumably sarcastically) as the Neo-Nazi Militia Commander. He mentions the patches that were found in Coutts, but suggests they were planted. He also goes on about the “country” being a meme.

It’s baffling to understand what kind of idiot would post a video with such a title. If authorities aren’t understanding what’s satire v.s. reality, why give them this kind of bait? And it’s hardly the first time he’s done something like this.

MacKenzie either doesn’t know — or pretends not to know — that posting this content can have serious consequences. Hard to claim he’s being smeared by CAHN when this is how he describes himself.

There are also remarks in various streams about “hunting circs”, which police take to mean “hunting circulons”, or people who subscribe to different ideologies. While this is likely in jest, authorities take them at their word.

Part of the reason authorities had such difficulty understanding what Diagolon was likely had to do with the endless mixed messages. MacKenzie and his friends routinely said things that would be considered fed-posting, only to follow it up with “it’s all just a joke”. Comments about “gun or rope” and the like are also just jokes.

Yeah. The majority of the content was – especially considering the time, it was very anti-COVID, anti-vaccine, anti-government material. There was a lot of conspiracy theory material in that. There was a lot of what I would define as White nationalists, White supremacy ideology existing within that space. There was also a lot of what I would define as militia-type discussions. There was a lot of talk of acquiring weaponry, body armour, ammunition, planning meet-ups, organizing community events, and then also articulating the purpose of these events beyond simply….

Going back to the Schill gun grab of May 2024, Carmichael testified that there were meet-ups in person. There were also conversations around weapons, ammnition, and body armour.

He also testified that the in-person meetings were surveilled.

One has to wonder how long this has been going on for. How extensive it the information that has been gathered? This is another reason to think that more information should have been asked for with the FOIPIP request.

Are MacKenzie, Harrison, Vriend and the others completely oblivious to what’s being set in motion? All of this talk about being a militia, going shooting, etc… is being taken at face value. And now with the hard anti-immigration push, it looks even worse.

RCMP Has Their “Talking Points” Available For The Media

Back in April 2022, the RCMP had their “talking points” ready for media inquiries. This is from the beginning of the 1st FOIPIP package. In essence, there were scripts already prepared, including what to say if pressed further.

Page 31 of the 9th FOIPIP package has a similar script, dated February 20th, 2022. No specifics can be given, but there’s a “trust us” response.

Far from being unique, it seems likely that most (or all) press conferences are structured this way. There’s the set script, and then the “extra information” to be released if there’s any pushback.

Diagolon is mentioned in the context that body armour from Coutts, AB had their markings on it. Yes, it is labelled a “militia” in this memo. Can’t figure out why.

Authors Insert Themselves Greatly Into Report

The HateGate report is 85 pages, or less, if covers, table of contents, etc… are removed. Pages 10 and 11 are about Caryma Sa’d, and 31 to 44 are about Elisa Hategan. 16 pages, or approximately 20% of the report’s content is information on the authors and their experiences. There’s about as much detail on them as there is on MacKenzie. And that leads to another concern….

Other Agendas From The Authors?

As an aside, it’s comical how the “independent” media who broke HateGate never bothered to do the slightest bit of due diligence into the people writing the report.

Part 1 of this series covered Elisa Hategan, one of the co-authors. She had been involved with a group called Heritage Front back in the 1990’s. She later acted as an “asset” for the Ontario Provincial Police, helping to bring them down. Hategan’s story is widely available, and she even published a book titled: “Race Traitor”.

Heritage Front turned out to be a CSIS operation, quite literally. It was co-founded by Grant Bristow, who was at one point the second-in-command of the group. This means the group was created, at least in part, by CSIS. Who’s to say that Diagolon isn’t the next iteration?

Part 2 covered Hategan’s lawfare against Bernie Farber, and Elizabeth (Moore) Frederiksen. Justice Ferguson found that Hategan had engaged in doxing, stalking, harassment, and invading privacy. Not content to lose in Court, she kept it going in Appellate Court for another 2 years.

Hategan’s involvement in writing the HateGate report is suspicious because: (a) she glosses over the “honeypot” possibility; and (b) given her recent history with Farber, this looks like revenge.

Thoughts On The FOIPIP And HateGate Report?

The claim has been going around since September 2023 that this was “proof” that an intelligence failure around Diagolon and MacKenzie led to the EA being invoked. But the request only asks for information on Diagolon, and is structured in a way that ensures such proof won’t be included. It would have been far more productive to request all records related to the declaration of emergency in the first place.

Alternatively, multiple FOIPIP requests could have been made, even if there would be overlap in the disclosure.

While the FOIPIP package is over 1,000 pages, there’s very little in there. Many of the emails are chains, so the same content keeps coming up. A lot of pages have little to no content on them.

Sa’d and Hategan fill in the blanks with their own assumptions. Without talking to witnesses, they speculate and give their views about what was going on. If this was clearly explained to be opinion, that would be one thing, but people interpret this as fact.

Taking the FOIPIP documents at face value, it’s clear that the RCMP (and presumably CSIS too) do in fact monitor the news in general. They also have looked at what CAHN has said about others, including Diagolon. However, while these articles are quoted, and shared, there’s no hard proof that it led to anything, let alone the invocation of the Emergencies Act.

Yes, other countries (such as New Zealand) have been contacted about Diagolon. However, given the kinds of comments MacKenzie and his followers routinely make, this doesn’t seem outrageous.

The HateGate report comes across much more as an advocacy piece that something objective. MacKenzie’s take on things is always given deference. People like Bernie Farber are always pushing ideological agendas. The authors (in particular Hategan) use their own experiences as material and for reference points.

Overall, this is nowhere near the “breaking story” that had been portrayed.

It’s interesting, but that’s about it.

Again, this is in no way to justify the declaration of emergency, or the crackdown on protesters, or the freezing of bank accounts. None of that was called for.

SCHILL HEARING:
(1) https://www.canlii.org/en/on/oncj/doc/2024/2024oncj249/2024oncj249.html
(2) Evidence Of Officer Ernest Carmichael, Day 1
(3) Evidence Of Officer Ernest Carmichael, Day 2, Cross Examination

HATEGAN STALKING CIVIL CASE:
(1) https://www.canlii.org/en/on/onsc/doc/2021/2021onsc874/2021onsc874.html
(2) https://www.canlii.org/en/on/onca/doc/2022/2022onca217/2022onca217.html
(3) https://www.canlii.org/en/on/onca/doc/2022/2022onca715/2022onca715.html
(4) https://www.canlii.org/en/on/onca/doc/2023/2023onca57/2023onca57.html

August 25, 2024September 28, 2024

HateGate, Part 2: Settling The Score With Bernie Farber

This continues the series on “Diagolon”. This is a so-called “meme” organization that shows the signs of being a honeypot run by either law enforcement or intelligence.

Parts 1, 2, 3, 4 and 5 of the Schill gun grab are here.
Part 1 of the HateGate Scam is available as well.

There’s a lot more to get into, all of it ignored by so-called “alternative” media.

In the last piece, we covered Elisa Hategan’s history with “Heritage Front”. This so-called white supremacist group turned out to be (at least in part) a CSIS operation. It was co-founded by Grant Bristow, who was a CSIS agent at the time.

As she co-authored the infamous “HateGate report” with Caryma Sa’d, it was strange to omit the possibility that Jeremy MacKenzie and “Diagolon” may be the next iteration. If the Government would manufacture at least one such group, what’s to stop them from doing it again? While this coincidence alone is not definitive proof, it’s not something that can be ignored either.

Now, we come across something which completely stands things on its head. Hategan went after Bernie Farber and Elizabeth Frederiksen (who still uses her maiden name, Moore) a few years ago. She lost.

Both Hategan and Moore/Frederiksen were part of Heritage Front, and both played a role in bringing down the group. As is noted by Justice Ferguson, both women’s stories have many similarities. However, their futures diverged greatly afterwards.

Farber and Moore/Frederiksen went on to lead the Canadian Anti-Hate Network, while Hategan was left in relative obscurity. Reading through the decision, it appears that she didn’t get the glory and recognition she felt was owed to her. Being able to share her story wasn’t enough, as she didn’t want others to have that same right.

Hategan went as far as to buy up many domain names with very similar names to Elizabeth Moore, so that they couldn’t be used. This behaviour is downright creepy.

Farber chose his “pet”, and it wasn’t Hategan, so she lashed out.

It’s baffling why Hategan would write the HateGate report — which is 85 pages long, and full of citations. She claims to be the main researcher and writer of the document. MacKenzie and his crew used it to claim “vindication” over Government overreach, and the invoking of the Emergencies Act. Considering Hategan now proudly shares her identity as Jewish and a lesbian, allying with them would make no sense. Ideologically, she has far more in common with Farber and Moore/Frederiksen.

However, it makes sense once the history between these people is revealed.

Put into context, the HateGate paper comes across as an act of revenge.

One has to wonder if this is why the “honeypot” narrative of Diagolon was glossed over. Sure, it would do damage to MacKenzie, Harrison and Vriend to reveal it, but not to Farber or CAHN.

Ironically, Hategan also feels sidelined by Caryma Sa’d, who has received the bulk of the publicity for the HateGate paper.

Timeline Of Major Events In Hategan Lawsuit

September 2017: Farber goes on “The Agenda”, and talks about Hategan and Frederiksen as “heroes” who helped take out the group, Heritage Front.

December 2018: Hategan files Statement of Claim against Moore/Frederiksen. It includes torts for (a) injurious falsehood; (b) civil conspiracy; (c) wrongful appropriation; (d) unlawful interference; and (e) negligence. None of it was pleaded properly, and one may say it was “bad beyond argument”.

January 2019: Statement of Defence (and a Counter-Claim) are filed by Frederiksen. She sued for (a) defamation; (b) invasion of privacy; (c) appropriation of likeness; and (d) interference with economic relations.

April 2019: Statement of Claim is amended, and Bernie Farber added as a Defendant.

July 2019: Farber filed a Statement of Defence, and also brought a Motion to Dismiss for Summary Judgement.

December 2020: Justice Ferguson hears Motions for Summary Judgement brought by Farber and Frederiksen. The decision is reserved, which is typical in these types of cases.

February, 2021: Justice Ferguson throws out Hategan’s Claim on a Summary Judgement Motion, and Frederiksen’s Counter-Claim is granted. Hategan was ordered to pay:

$100,000 for general damages;
$50,000 for aggravated damages;
$50,000 for punitive damages

March 2021: Hategan serves Notice of Appeal on Frederiksen and Farber.

March 2021: Justice Ferguson confirmed the cost award against Hategan. Also the permanent injunction for her to stop publishing content about Frederiksen, remove existing content, release all domain names, and refrain from using identifiers of her likeness.

April 2021: The Registrar gave notice to Hategan that her Appeal would be dismissed for delay since she had missed the 30 day deadline to file her paperwork. Hategan thought there was 60 days, however, that didn’t apply since there was no transcript.

May 2021: Hategan retains another lawyer, who asks for consent for an extension to file the Appeal documents. The request is denied.

July 2021: The Registrar dismisses the Appeal for delay.

August 2021: Hategan’s counsel advises that there will be a Motion brought to challenge the administrative delay. There were procedural headaches after this. January 2022 is set as a date, but delayed again.

February 2022: Justice Pardu of the Court of Appeal for Ontario hears a Motion to set aside (invalidate) the Registrar’s dismissal of the Appeal for delay. It’s held via video conference.

March 2022: Justice Pardu dismisses Motion to set aside the Registrar’s dismissal for delay. Among the reasons given is that there is — on the surface — little or no merit to the Appeal. Frederiksen had agreed to waive costs if the Motion was dismissed, while Farber got the $5,000 he asked for.

July 2022: Justice Simmons orders Hategan to pay security for costs to Farber.

October 2022: Justices Lauwers, Roberts and Trotter dismissed a Review Motion (of Justice Simmons) requiring Hategan to pay security for costs.

January 2023: Court of Appeal hears a Review Motion from Hategan. She’s contesting the decision of the Registrar to dismiss her Appeal for unnecessary delay.

January 2023: Hategan’s Review Motion (at the Court of Appeal) is dismissed. Given her delay, prejudice to the Respondents, and the lack of merit to the Appeal, Justices Nordheimer, Miller and van Rensburg decided not to give her another chance. She was ordered to pay Frederiksen $7,500, and Farber another $5,000.

Hategan v. Farber, 2021 ONSC 874 (CanLII)
Hategan v. Frederiksen, 2022 ONCA 217 (CanLII)
Hategan v. Frederiksen, 2022 ONCA 715 (CanLII)
Hategan v. Frederiksen, 2023 ONCA 57 (CanLII)

Hategan Stalked, Doxed, Harassed And Impersonated Her Rival

Ms. Hategan has invaded Ms. Moore’s privacy

[138] Ms. Moore submits that Ms. Hategan’s actions amount to the tort of public disclosure of embarrassing private facts. The information about Ms. Moore’s former extra-marital affair was conveyed to Ms. Hategan under strict promises of confidentiality. By publishing statements about these sexual relations, and falsely claiming that this was done to advance Ms. Moore’s career, Ms. Hategan has clearly given publicity to a matter concerning the private life of Ms. Moore. Ms. Moore submits that this publication is (i) highly offensive to a reasonable person; and (ii) is not of legitimate concern to the public. Ontario courts have particularly noted the private nature of sexual relations and family quarrels, among others.

[139] Ms. Moore further submits that Ms. Hategan’s actions amount to the tort of breach of confidence. The information about Ms. Moore’s extra-marital affair was confidential, in that it was conveyed to Ms. Hategan under strict promises of confidentiality, and Ms. Hategan’s publication of that information was unauthorized and was to Ms. Moore’s detriment. This confidential and highly intimate information was used to denigrate Ms. Moore’s personal and professional reputation, imputing that Ms. Moore received professional benefits from this and other sexual relationships. Damages, sufficient to mark the wrong that has been done, are warranted.

[140] I agree that this tort has been made out. The information about Ms. Moore’s extra‑marital affair was conveyed to Ms. Hategan in confidentiality. I agree that this information is highly offensive to a reasonable person and is not a legitimate concern to the public.

Ms. Hategan appropriated Ms. Moore’s personality and likeness

[141] Ms. Moore submits that Ms. Hategan appropriated Ms. Moore’s likeness by registering multiple websites and social media handles (the “domains”) in Ms. Moore’s name. Ms. Hategan inked many of the domains directly to her own website, so that when a person searched for Ms. Moore, they were redirected to Ms. Hategan’s information. In doing so, Ms. Hategan took advantage of the name, reputation and likeness of Ms. Moore’s personality. Ms. Hategan did this for commercial purposes and to boost her own professional reputation. As a direct result, Ms. Moore cannot register many of the domains that would naturally be used for her business – including variations of her name. Instead of using her own name, Ms. Moore has to use a fictional phrase – “one moore liz” – to promote herself online.

[142] I agree with the defendant that these actions constitute an appropriation of Ms. Moore’s personality and likeness.

Interference with Ms. Moore’s economic relations

[143] On at least two separate occasions, Ms. Hategan threatened to sue Ms. Moore’s professional colleagues in an attempt to interfere with Ms. Moore’s economic relations. Ms. Moore alleges that this amounts to the tort of intimidation, and is an actionable wrong committed against a third party. In at least one instance, as admitted by Ms. Hategan, these threats led to a speaking engagement being cancelled. As a result of these actions, Ms. Moore has suffered economic harm and loss. Ms. Moore does not know how many other opportunities she may have lost out on, because Ms. Hategan has refused to produce relevant communications with third parties. Ms. Moore submits that an adverse inference should be drawn.

[144] Again, I agree with these submissions. Ms. Hategan has caused interference with Ms. Moore’s economic relation.

All of this comes from Justice Ferguson’s ruling in 2021. Hategan meddled in the business of Moore/Frederiksen to a significant degree, and damages were awarded.

Worth noting: Justice Ferguson also concluded that none of Hategan’s torts had any merit whatsoever. It was a baseless and frivolous lawsuit.

Rather than accepting the loss, Hategan managed to tie up the matter in Appellate Court for another 2 years. No Appeal was ever actually heard for Justice Ferguson’s 2021 decision.

Why Does Any Of This Matter In HateGate Report?

In a turn of events that should surprise no one, Hategan threatened to sue Derek Harrison earlier this year. She wasn’t happy with the entry in his (sarcastic?) book called “Meme Kampf”. She was apparently also arrested in December 2023 for criminal harassment. Again, not surprising.

Justice Ferguson found (among other things) that Hategan had been buying up various domain names so that Frederiksen would be unable to do business. This goes far beyond petty bullying. All things considered, she comes across as being unhinged.

If people are going to be claiming that there’s a complete failure of law enforcement and intelligence agencies in Canada, then the context of their writing is important. The FOIPIP (linked below) doesn’t really support their conclusions.

Again, Hategan claims to be the primary author of the report.

Hategan apparently had no problems being part of the “anti-hate industry”. The animosity only started after she didn’t get the credit and attention she believed she deserved. For better or worse, Farber chose Frederiksen, and gave her accolades for her work.

True, people should have their work judged on its merits. However, this case changes everything. It’s not some ancient D.U.I. from 20 years ago, but reflects directly on what’s happening now.

One final point: this isn’t to be construed that the people at CAHN are the “good guys”. They aren’t, and they’ve done considerable damage to people. In no way should this be seen as endorsing their “work”.

CARMICHAEL ASSAULTING A PRISONER:
(1) Ernest Carmichael Disciplinary Hearing Penalty Decision 25.07.2014
(2) https://toronto.ctvnews.ca/siu-lays-assault-charge-against-york-region-police-officer-1.1392108
(3) https://www.thestar.com/news/gta/york-police-officer-charged-with-assault/article_d1b43f97-a077-59b4-8603-747a94b76170.html

August 22, 2024September 28, 2024

HateGate, Part 1: Report’s Co-Author Involved With “Heritage Front”, A CSIS Operation

This continues the series on “Diagolon”. This is a so-called “meme” organization that shows the signs of being a honeypot run by either law enforcement or intelligence.

Parts 1, 2, 3, 4 and 5 of the series relate to the Schill gun grab. There’s a lot more to get into, all of it ignored by so-called “alternative” media.

Viewers of my last video weren’t too happy. Included were various video clips, along with references to the Zaugg and Schill incidents. Apparently, that wasn’t enough, and it was necessary to research HateGate to have an informed opinion.

The gist of it was (supposedly) that Diagolon and Jeremy MacKenzie (a.k.a. Raging Dissident) were being wrongfully smeared by the hate industry in Canada. The allegations were all baseless, and all founded on distortions of a podcast-based community. The investigative reporting had cleared them of any wrongdoing — beyond being loud, crude and obnoxious.

A quick search led to an article on Crier Media, with an 85 page report attached. It was co-authored by Caryma Sa’d and Elisa Hategan. To be fair, the report itself is quite interesting, and is heavily sourced. This isn’t merely rambling on their part, but the result of considerable work.

But a few things immediately stood out.

Quotes From HateGate Report

Taking Down the Heritage Front
In the early 90s, sixteen-year-old Romanian immigrant Elisa Hategan (then Elisse) was held up as the innocent young face of an Ontario neo-Nazi, white supremacist group known as the Heritage Front. With over 200 members, including violent skinheads with convictions for aggravated assault, kidnapping and attempted murder, and implicated in firebombings, it was considered the most dangerous white supremacist group in modern Canadian history. Elisa was groomed as a media spokesperson to soften the image of violent skinheads, even appearing on The Montel Williams Show at age seventeen to repeat scripted talking points that concealed the group’s hateful ideology.

It was a cynical, yet effective strategy. But the adult puppeteers failed to account for personal agency, nor for Elisa’s identity as a closeted lesbian with Jewish roots, later confirmed through DNA tests. Elisa began to secretly provide information to anti-racist activists, at great personal risk, revealing details about illegal weapons and the identity of a Toronto police officer who was a group member. At age eighteen, she defected from the group, stealing part of Holocaust denier Ernst Zundel’s membership list. Months later, her courtroom testimony was instrumental in securing the convictions of three Heritage Front leaders—a fatal blow that triggered the group’s decline and eventual demise.

While the leaders were serving jail time, co-founder and second-in-command leader Grant Bristow was exposed as an undercover CSIS operative by Toronto Sun reporter Bill Dunphy, in part due to scrutiny that arose after Hategan’s affidavits and testimony pointed to Bristow being an agent provocateur who directed criminal activity such as the It Campaign, a brutal harassment campaign directing Indigenous community leaders and anti-racist activists.

Despite having incurred serious death threats, including being questioned at knifepoint by Front members the day before her defection, Elisa was inexplicably denied entry into the RCMP’s Witness Protection Program. Grant Bristow, however, was promptly relocated to Alberta, given a home, cars and a generous monthly paycheck for years afterwards, despite the fact that his five years of work in Operation Governor had not led to the arrest and conviction of a single Canadian neo-Nazi.

Forced to live in hiding across Canada for more than two years, relying on kind strangers, homeless shelters, and dumpster-diving to survive, Elisa, a ninth-grade high-school dropout with a history of familial abuse and foster care, managed to earn a Nova Scotia GED and was accepted into the University of Ottawa’s prestigious criminology program.

Motivated to understand how extremists target youth for radicalization, Elisa made the best of her second chance, engaging in volunteer work inside prison and youth detention centres, while working two jobs and relying on student loans to stay afloat. In 1999, aged 25, she graduated magna cum laude with a double major in criminology and psychology.

Starting on page 31, the report talks about Hategan’s backstory, including how she had been groomed as a “spokesperson” for Heritage Front, a white supremacist gang. It turned out that Grant Bristow, a co-founder of the group, was in fact a CSIS agent. Of course, this raises the obvious question of whether (and to what degree) the group was created at the behest of authorities in Canada.

Granted, the 1980’s and early 90’s didn’t have internet culture, so it’s not the same as today. But there are many things to be asked.

Hategan isn’t shy about her involvement with Heritage Front. She has a video on her YouTube channel, which is still accessible today. She also has a book for sale called Race Traitor.

All of this said, the HateGate report seems to avoid addressing the elephant in the room: was CSIS doing the same thing with Diagolon that they were with Heritage Front? Could MacKenzie, Harrison and/or Vriend really be working for the Government? Could they (alternatively) be considered assets?

Hategan Counselled To Commit Crimes — As A Minor

Critics who distrust CAHN’s claim of expertise on far-right extremism will cite a noticeable double standard—the penchant to reserve the brunt of condemnations for political opponents, while overlooking and even forgiving misconduct by peers and members of their devoted fanbase. They point to situations where CAHN implies they are selective when choosing who gets publicly denounced as a bigot or extremist, and who is ignored.

For instance, relative unknowns get spotlighted and called heroes, even when there is no evidence to suggest they did anything to earn the accolades. To our knowledge, none of the former white supremacists promotes by CAHN has provided evidence of assistance to law enforcement organizations while still inside their hate groups. None testified against former comrades to help secure convictions.

There is arguably no better example to underscore concerns over CAHN’s personal biases affecting what is purported to be expert research, than the enduring friendship between Bernie Farber and Grant Bristow, the undisputed co-founder and self-appointed “Intelligence Chief” of the Heritage Front.

Prior to her defection from the Heritage Front, Elisa Hategan submitted approximately 30 affidavits to the Ontario Provincial Police. Several involved situations where Bristow purportedly counseled Elisa—initially still a minor—to engage in criminal activity, such as giving her instructions on how to anonymously harass and intimidate left-wing activists, hack into answering machines to collect data, and spy on the Irish Freedom Association of Toronto.

She, along with scores of neo-Nazi skinheads and white supremacists, were given names, addresses and telephone numbers and taught how to use voter registry information to gather details about individuals on the target list, such as the names of everyone residing at that domicile.

Bristow also boasted about his intention to drive a lesbian Anti-Racist Action (ARA) activist to mental breakdown and suicide. “I want to pound Ruth’s head in. I want to give her a facial massage with a sledgehammer,” he is described as saying in one of Elisa’s 1994 affidavits. He enlisted Elisa specifically because he needed a woman’s voice for that particular job—to record messages on adult personal ads while passing as Ruth, and give out her address and telephone number.

Beginning on page 48, Hategan outlines how she had been pushed to commit crimes, while still being a minor. She describes conduct that can best be described as harassment, stalking and doxxing. She mentions her extensive cooperation with the Ontario Provincial Police.

She also claims that Bernie Farber — the infamous head of CAHN, the Canadian Anti-Hate Network — had a long lasting friendship with Bristow. If this is true, then groups like Heritage Front are presumably in bed with the “anti-hate” and “anti-fascist” organizations that oppose them.

With this knowledge in mind, it again raises the obvious question: why didn’t the HateGate report seem to explore the possibility that Diagolon was a Government front? Hategan, more than nearly anyone, should have been aware of this.

Why Get Involved With These People At All?

Looking through Hategan’s many online postings, she quite proudly boasts of her Jewish heritage, and of being a lesbian.

That being said, the streams of “Raging Dissident” are filled with endless insults and comments about “the Jews”, and “faggots”. It’s baffling that Hategan would put in the work to try to clear them. Of course, this could just be an idealistic take on free speech.

Taking a look through her Twitter feed, it seems that relations between Hategan and Diagolon have collapsed. She’s even threatened lawsuits based on the content of Harrison’s book: Meme Kampf. Gee, who could foreseen such a possibility?

Full Posting Of 1,082 Page FOIPIP Release

Most people are likely unaware of this, but when someone makes a freedom of information request, there’s an archive generated. From the Government’s perspective, it prevents duplication, in the event that someone else asks for the same (or similar) data. It wasn’t hard to find this specific one.

It’s unclear why the full summaries weren’t released along with the other citations. None of the media outlets that covered the story did either. Therefore, this site contacted the RCMP and requested a copy of the results.

This will be covered in a future article, but the results of the FOIPIP request don’t really support the conclusions that are drawn. Yes, there are accurate quotes pulled. However, the package — when read in full — leads toward other findings.

Probably the biggest misconception is that authorities panicked jumped to conclusions to justify invoking the Emergencies Act. The “Diagolon” group promotes this narrative non-stop. That isn’t justified though.

Is Diagolon An Intelligence Gathering Operation?

The recent “Road Rage Terror Tour” has concluded, with this group coming to towns across Canada. But it’s worth asking what exactly was the point? Was selling merchandise the goal? Or was it to gather names, photos and contact information of people to monitor?

Recently, the so-called Queen of Diagolon posted this tweet. Who makes comments — even as a joke — about recording people’s licence plates? Keep in mind, one of the things Hategan did for police was take down plate numbers.

Considering the content of these streams, doxxing is a legitimate concern.

Given that a few “Diagolon” patches found in Coutts was allegedly a smoking gun connection of a murder conspiracy, why the push to keep selling merch? Is it about extra money? Ego? Or is the goal to spread enough of it around that a connection can always be found?

Regular people would have been charged for saying a fraction of the things that are common on these livestreams. For some reason, Government goes out of its way to signal boost, rather than get it shut down. Remember:

There is arguably no better example to underscore concerns over CAHN’s personal biases affecting what is purported to be expert research, than the enduring friendship between Bernie Farber and Grant Bristow, the undisputed co-founder and self-appointed “Intelligence Chief” of the Heritage Front. (HateGate, Page 48)

This is directly from their text. According to the HateGate report, Bernie Farber and Grant Bristow were able to remain friends despite them being ideological enemies. It suggests the entire conflict was manufactured. Fast forward to today, could something similar happen again?

Could Evan Balgord and Alex Vriend secretly be friends? Is Diagolon really just Heritage Front 2.0?

As they say, history doesn’t repeat itself, but it does often rhyme.

POEC HEARINGS:
(1) https://publicorderemergencycommission.ca/
(2) PEOC Report, Volume 1: Overview
(3) Public Order Emergency Report Volume 1 Overview
(4) PEOC Report, Volume 2: Analysis (Part 1)
(5) Public Order Emergency Report Volume 2 Analysis Part 1
(6) PEOC Report, Volume 3: Analysis (Part 2)
(7) Public Order Emergency Report Volume 3 Analysis Part 2 Recommendations
(8) PEOC Report, Volume 4: Process and Appendices
(9) Public Order Emergency Report Volume 4 Process And Appendices
(10) PEOC Report, Part 5: Policy Papers
(11) Public Order Emergency Report Volume 5 Policy Papers

MOSLEY DECISION:
(1) https://www.canlii.org/en/ca/fct/doc/2024/2024fc42/2024fc42.html#par41

CASELAW ON REVOKING FIREARMS PERMITS:
(1) R. v. Zeolkowski, 1989 CanLII 72 (SCC), [1989] S.C.J. No. 50, at para 12, 16, 17, 18
(2) British Columbia (Chief Firearms Officer) v. Fahlman, 2004 BCCA 343, at para 25.
(3) R. v. Christiansen, 2006 BCCA 189, at para 7.
(4) R. v. Bokhari, 2009 ONCJ 691, at para 10, relying on R. v. Day, [2006] O.J. No. 3187 (S.C.J.) and R. v. Morgan, [1995] O.J. No. 18 (Ont.Ct.(Prov.Div.)).
(5) R. v. Peacock-McDonald, 2007 ONCA 128, at para 40
(6) R. v. Douglas, 2013 ONCJ 649, at paras 45, 57.
(7) R. v. Mourtzis, 2015 ONCJ 74, at para 25.
(8) R. v. Roman, 2018 ONCJ 344, at para 89.
(9) R. v. Hurrell, 2002 CanLII 45007 (ON CA), [2002] O.J. No. 2819, at para 48.
(10) R. v. Christiansen, supra, at para 7.
(11) Fahlman, supra, at para 25.
(12) R. v. Peacock-Macdonald, supra, at para 40.
(13) R. v. Roman, supra, at para 89.
(14) R. v. Wiles, 2005 SCC 84, at para 9.

Summary Of Hategan’s Book: Race Traitor

They All Had To Have Known Ahead Of Time

Misrepresenting Content Of 1,082 Page FOIPIP

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A Necessary Disclaimer

Brief History On These Cases

1. Claim Doesn’t Actually Challenge Mandates Themselves

2. Failure To Plead Necessary Material Facts

3. Failure To Plead Necessary Particulars

4. Failure To Properly Plead s.6 (Mobility) Charter Breaches

5. Failure To Properly Plead s.7 (Security) Charter Breaches

6. Failure To Properly Plead s.15 (Equality) Charter Breaches

The End For Rickard/Harrison Challenge?

Why Keep Covering The “Freedom Lawyers”?

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Action4Canada Case V.S. Travel Mandates Case

Filing Actions V.S. Filing Judicial Reviews

Justices Tabib & Gagné Stated That Case Could Proceed As An Action

Standard For Review: Housen v. Nikolaisen, 2002 SCC 33

Bernier, Peckford, Naoum Launch SECOND Appeal

Bernier, Peckford, Naoum Likely Time Barred At This Point

Rickard/Harrison Claim Not Properly Pleaded

What Kind Of Idiot Appeals Instead Of Fixing Their Case?

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What Data Did FOIPIP Request Actually Ask For?

Authors Interviewed No Witnesses To Draw Conclusions

RCMP Expressed Doubt About Reliability Of CAHN Articles

MacKenzie’s Stream From February 15th, 2022

RCMP Has Their “Talking Points” Available For The Media

Authors Insert Themselves Greatly Into Report

Other Agendas From The Authors?

Thoughts On The FOIPIP And HateGate Report?

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Timeline Of Major Events In Hategan Lawsuit

Hategan Stalked, Doxed, Harassed And Impersonated Her Rival

Why Does Any Of This Matter In HateGate Report?

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Quotes From HateGate Report

Hategan Counselled To Commit Crimes — As A Minor

Why Get Involved With These People At All?

Full Posting Of 1,082 Page FOIPIP Release

Is Diagolon An Intelligence Gathering Operation?

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