CSASPP Defamation Appeal To Be Heard In January 2025

A high profile defamation Appeal is now scheduled to be heard in the new year. The Court of Appeal for Ontario will hear arguments on January 13th, 2025, to determine whether or not Justice Chalmers should have thrown out a lawsuit in late 2023 under anti-SLAPP laws. There’s also a challenge to the $132,000 cost award that was handed down.

This is the $1.1 million “intimidation lawsuit” brought against CSASPP, the Canadian Society for the Advancement of Science in Public Policy, and one of their donors. For more background, see the decision and the cost award. They provide the necessary information to understanding how events played out.

Supposedly, it was over a “defamatory” email to Dan Dicks of Press for Truth, and a posting on CSASPP’s FAQ page. In reality, the suit was filed to derail the Law Society of Ontario (LSO) complaint filed by Donna Toews.

[89] With respect to the claim against Ms. Toews, I am of the view that “what is really going on” is an attempt to intimidate members of the public who may be considering making a complaint about the Plaintiff to the LSO. The effect of the action against Ms. Toews would be to obstruct the regulatory process. The harm this would cause in the LSO’s ability to receive and process complaints about lawyers is, in my view significant.

[98] For the reasons set out above, I find that the Plaintiff brought this action for the improper purpose of stifling debate with respect to his handling of a proposed class action that is being funded by public donations. I also note that the Claim was brought one day before the Plaintiff submitted a response to the LSO with respect to Ms. Toews complaint. I find that the Claim was brought for the improper purpose of limiting the LSO investigation, and to intimidate others from making any LSO complaints about him.

Justice Chalmers made it clear in paragraphs 89 and 98 of his decision that this was an intimidation lawsuit, designed at least in part to stop others from filing complaints with the LSO.

And it didn’t stop there. The LSO itself was sued in 2022, and again, in 2023, to further bury the Toews complaint. The earlier one was struck for failing to state a Cause of Action (ask for something the Court can actually provide). No amended Statement of Claim has been filed, and the other case appears inactive.

Included are the Factums of both sides, which are the arguments submitted. For reference, the Appellant(s) are the ones who commence the proceedings, while the Respondents are the ones who have to answer. There is an Appeal Record of several thousand pages, but it’s primarily a compilation of documents previously submitted.

Anyhow, here are some points to note.

Appeal Attempts To Reargue Entire Motion

The Appellant’s Factum attempts to reargue the Motion which led to Justice Chalmers throwing the case out. Instead, he should have been outlining the errors the Judge (allegedly) made.

When asking to have a Decision reviewed, there are only a few options.

TYPE OF ERROR STANDARD FOR REVIEW
Error of Fact Overriding, Palpable Error
Error of Pure Law Correctness
Mixed Fact & Law Spectrum, Leaning To Overriding, Palpable Error
Discretionary Orders Overriding, Palpable Error

The correctness standard in law is meant to ensure that litigants are treated fairly, and held to the same standards. If a Lower Court hasn’t done this, then the Higher Court is able to step in.

The overriding, palpable error standard reflects that Judges are often in the best position to oversee the case, and that their decision making ability is owed a deal of deference. This applies to factual findings, and discretionary orders, such as costs and damages. Nonetheless, clear errors can still be fixed.

This is what should have been done: spell out the errors (if any) made by Justice Chalmers. The standard is Housen v. Nikolaisen, set over 20 years ago. Instead, it comes across as a demand to have the original matter reheard. This isn’t the role of the Appellate Courts, and he should know better.

The Respondents’ Factum addresses this quite well.

Appellant’s Ridiculous Demands Regarding Costs

One amusing thing of note is the Relief sought. In fairness, litigants are free to ask for whatever they want, but this is comical. The Appellant asks for costs both for this Appeal, and for the original Motion that he lost. In the alternative, he wants costs waived altogether. Doesn’t work like that.

Repeatedly Implying Justice Chalmers Rigged Decision

31. The Appellant states that not only did Justice Chalmers not apply this binding case from the Ontario Court of Appeal to the facts and evidence before him, Justice Chalmers completely ignored it, and thus erred in law.

41. …. The Plaintiff states that is clearly present in the within action. Justice Chalmers ignored the Supreme Court of Canada jurisprudence in applying the test.

42. …. In the within case there is “grounds to believe”, and “reasonably capable of belief”, that the Plaintiff can succeed on at least one of the “stings”, which he clearly can based on the statements, and law. Again, Justice Chalmers ignored the binding Supreme Court of Canada jurisprudence. Justice Chalmers finding that the assertions were backed up by hyperlinks, makes a final determination that they are “true”. They are not. They are not even “partial truths” and Justice Chalmers does not deal with the Plaintiffs evidence in this respect.

43. …. Again, which is applicable to the within action, more than a single basis exists. Justice
Chalmers ignored
this evidence and jurisprudence

44. …. The Plaintiff states that not only did the Society’s website “FAQ” exceed this privilege but coupled with the email to Mr. Dicks, the Defendants went out their way to depict the Plaintiff as incompetent, unprofessional, and dishonest and a fraud. The Defendants’ assertion that they were responding to queries as to the connection between them as the Plaintiff rings false. They could have simply stated that there was no connection between them and the Plaintiff and left it there. Furthermore, their assertions of being flooded with queries and complaints about the Plaintiff also rings false as they could only produce one (1) such query/complaint on cross-examination. Justice Chalmers ignored this binding jurisprudence.

45. …. The Plaintiff states that this also applies to the within action, and that Justice Chalmers ignored this jurisprudence and did NOT deal with an[y] of the above, which was before him and argued by the Plaintiff.

46. …. It is worth noting that, in the within action, all the facts on the findings by the Supreme Court of Canada Bent v. Platnick are more than present here in the within action. The Defendants, engaged in reckless statements and innuendo, without sober investigation, in a singularly distorted and targeted exercise of painting the Plaintiff as generally incompetent, unprofessional, dishonest, and a “fraud”. Any defence of qualified privilege, on fair comment, or responsible publication is therefore defeated. Justice Chalmers does not deal with this argument nor the evidence to support it.

50. …. The Appellant states that the evidence is that, as a result of the defamatory publications the Plaintiff was subject to hostile and viscous reaction from the public at large, including threats to bodily harm, as well as an obliteration of donations to the Constitutional Rights Centre (CRC) as set out in the affidavit evidence. This evidence was not only ignored by Justice Chalmers, but stated not to exist, which is a palatable and blatant error

55. Justice Chalmers further ignores and does not address the Plaintiff’s submissions, and evidence supporting those submissions, on the conspiracy tort pleaded.

56. Justice Chalmers further ignores and does not address the Plaintiff’s submissions and evidence supporting those submissions, contained in paragraphs 59 to 73 of the Plaintiffs factum before the Court.

These quotes are from the Appellant’s Factum. He repeatedly claims that Justice Chalmers “ignored” the information that was put in front of him. One can interpret this as an allegation that the Motion was rigged. Elsewhere in the Factum, it’s implied that he was grossly incompetent.

This really isn’t a good look, if one wants the Ontario Court of Appeal to take this case seriously.

Although not part of the Appeal, the Court probably won’t be amused by this either. At a virtual press conference back on March 27, 2023, he claimed that Judges “are pretending they weren’t pointed to the jurisprudence”. In other words, it’s an accusation that the judicial system is corrupt. Should lawyers be saying such things?

Repeatedly Citing (Largely Irrelevant) Case: Bent V. Platnick

The 2020 Supreme Court of Canada case, Bent v. Platnick, was repeatedly quoted in the original Motion, and again in the Appeal. It was another defamation case, but the allegations made there were far worse than anything CSASPP had published. The levels are so different that it’s actually quite unhelpful.

Appeal Nearly Dismissed For Unnecessary Delay

Once an Appellant files all of their major “books”, there’s a final document called the Certificate of Perfection that needs to be included. Aside from the extra fee, it tells the Court that everything has been done, and that a hearing date should be set.

Apparently, it wasn’t done here properly. It was only after a Motion to Dismiss had been brought, that it was filed. Now, it could be sloppiness, but CSASPP believes it to be intentional delay.

Champerty And Maintenance: VCC Donors Paying For Appeal?

Both Ted Kuntz and Tanya Gaw submitted Affidavits in support of the original claim.

On Exhibit #C, page 21 of Kuntz’s Affidavit, there are remarks indicating that Vaccine Choice Canada had used donor money to finance defamation actions on behalf of doctors on social media. Presumably, this refers to Kulvinder Gill and Ashvinder Lamba.

Now the obvious question: are donors paying for this as well?

Overall, the Appeal comes across as a delay tactic. This is partly to avoid paying the $132,000 in costs that are owed, and partly to avoid the consequences of commencing a lawsuit to sabotage the Toews LSO complaint. But in the end, this Appeal will be dismissed as well.

Ontario’s anti-SLAPP laws (Section 137.1 of the Courts of Justice Act) have “full indemnity” as a default position for costs. This means that if a Defendant is successful in getting such a lawsuit tossed, they are presumptively entitled to 100% of their costs back. This makes defamation suits very risky to pursue.

Of course, a competent lawyer should know that.

CSASPP/RG DOCUMENTS (June 2022)
(1) CSASPP RG Statement Of Claim
(2) CSASPP RG Moving Party Motion Record Volume 1
(3) CSASPP RG Moving Party Motion Record Volume 2
(4) CSASPP RG Moving Party Motion Record Volume 3
(5) CSASPP RG Responding Motion Record Volume 1
(6) CSASPP RG Responding Motion Record Volume 2
(7) CSASPP RG Responding Motion Record Volume 3
(8) CSASPP RG Moving Party Supplemental Motion Record
(9) CSASPP RG Moving Party Record Motion To Strike
(10) CSASPP RG Plaintiffs Responding Record Motion To Strike
(11) CSASPP RG Transcript Brief
(12) CSASPP RG Moving Party Factum (Arguments)
(13) CSASPP RG Responding Plaintiff Factum
(14) CSASPP RG Moving Parties Reply Factum
(15) CSASPP RG Reasons For Judgement
(16) CanLII Posting Of Decision

CSASPP/RG APPEAL DOCUMENTS (2024)
(1) CSASPP Defamation Appellant Factum
(2) CSASPP Defamation Respondent Factum
(3) https://www.covidconstitutionalchallengebc.ca/status-updates
(4) https://www.scribd.com/document/768627727/2024-09-12-Notice-of-Merit-Hearing-13-January-2025
(5) https://www.scribd.com/document/758138683/2024-08-06-Defendant-Respondents-Motion-Record-to-Dismiss-for-Delay

1ST LAW SOCIETY OF ONTARIO CLAIM (July 2022)
(1) Law Society Of Ontario Statement Of Claim
(2) Law Society Of Ontario Intent To Defend
(3) Law Society Of Ontario Amended Statement Of Claim
(4) Law Society Of Ontario Requisition For Amended Claim
(5) Law Society Of Ontario Motion Record, To Strike
(6) Law Society Of Ontario Moving Party Factum To Strike
(7) Law Society Of Ontario Plaintiff Responding Factum

2ND LAW SOCIETY OF ONTARIO CLAIM (July 2023)
(1) Law Society Of Ontario Second Statement Of Claim

Diagolon And The Company They Keep: GDL

Sometimes, even when people say some of the right things, you have to wonder if they really have your interests at heart. In their recent “Road Rage Terror Tour”, Diagolon cross-promoted a group called the GDL, or Goyim Defense League, based in the United States.

In the above photo, Derek (Rants) Harrison sports a Goyim TV cap.

Elsewhere in the series:

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

Considering that Diagolon is “just a meme” and just a joke “based around a podcast community”, it’s rather interesting to promote this group. The GDL has an online platform called Goyim TV.

The GDL’s efforts can accurately be described as “agitation”. Yes, they say a lot of truthful things about foreign influence of the West. However, they conduct themselves in such a way, it seems designed to prevent the masses from taking them seriously.

And that would fit MacKenzie, Harrison, Vriend, etc… to a “T”. Yes, they also address difficult truths on their streams. However, they also say and do a lot of idiotic things. Given how strict hate laws are in this country, it’s interesting that none of them have been charged over it. MacKenzie had all his previous charges disappear, despite being so “persecuted”.

Adam Green, who has streamed with MacKenzie and Harrison, claims to have founded the Goyim Defense League, and to be selling their merchandise.

When trying to persuade people, appearance and presentation do matter a great deal. One cannot be taken seriously if they are loud, abusive, or come across as bullies. These groups present themselves as being almost cartoonish. Is this being done intentionally?

How To Provoke A Backlash, Creating New Censorship Laws

What’s employed here is the classic strategy of: (1) problem; (2) reaction; (3) solution.

(1) Problem – Groups like Diagolon or the GDL go around harassing and/or intimidating people. In the above case, this was a “protest” outside Disney, where children frequent. Minadeo is to the left in the photo.

(2) Reaction – There’s confusion and dismay about what’s going on. Most people just trying to go about their lives probably don’t want to see this.

(3) Solution – The public demands (or is perceived to demand) stronger penalties and consequences for so-called hate crimes and intimidation.

Goyim Defense League, Florida House Bill 269

Recently, Jon Minadeo, head of Goyim TV, left California for Florida, to continue his “activism“. And what was the result of that? New legislation popped up shortly afterwards.

Considering Florida Governor Ron DeSantis’ love for Israel, this cannot be surprising in the slightest. He has even gone abroad to sign legislation that limits free speech.

Public Nuisances: Prohibits person from distributing onto private property any material for purpose of intimidating or threatening owner, resident, or invitee; prohibits person from willfully & maliciously harassing, threatening, or intimidating another person based on person’s wearing or displaying of any indicia relating to any religious or ethnic heritage; requires violations be reported as hate crimes; prohibits display or projection of images onto building, structure, or property without permission; prohibits person who willfully enters campus of state university or Florida College System institution for purpose of threatening or intimidating another person from remaining on such campus after being warned to depart.

To be clear: HB 269 REQUIRES that such acts be reported as hate crimes.

Even a quick search of GDL will flag interesting results. They include protesting outside a Synagogue. While people are free to express their views, the overall conduct seems calculated to cause resentment.

Need a hate-speech Bill passed? Send in these idiots to stir up trouble. Soon enough, the public will be demanding a response. See how easy that is?

Diagolon, Canada Bill C-63 (Online Harms Act)

Recently, this site covered Bill C-63, the Online Harms Act, and the consequences it will have for free speech in Canada. It appears both CIJA and NCCM, the Israeli and Islamic lobbies, have been supportive of this.

This Bill would allow Courts to impose orders on people they suspect might commit harmful acts. Not charged or convicted. Suspicion would be enough to see a Judge. These restrictions may include:

(a) Wearing an electronic monitoring device
(b) Return to and remain at their place of residence at specified times, a.k.a. a curfew
(c) Abstaining from drugs and alcohol
(d) Submitting to drug and alcohol testing
(e) No contact orders
(f) Weapons prohibitions

Yes, this Bill needs to be stopped.

However, how is any of this productive? The public won’t be interested in protecting Vriend’s ability to laugh at tigers killing Indians. There’s no will to protect MacKenzie’s rape “jokes”. Seeing these clowns operate, it seems more likely the public would support some level of restricting their expression.

Above are just a few of their clips. Pretty hard for people to take them seriously when they’re making comments like these. Clownish and goofy.

And done intentionally.

For all MacKenzie and Vriend whine about their “meme” group being taken seriously in Ottawa, this is the logical outcome: using it as an excuse to crack down on free speech. Then there’s this:

The internet in Canada is under attack by the Trudeau government — again. The Online Harms Act, Bill C-63 violates our charter rights and would give the government ultimate authority to fine, silence, and criminalize Canadians for freely expressing themselves. If you want to keep your free speech in Canada, then email your members of Parliament right now and demand that they do everything in their power to STOP Bill C-63.

This site was recently set up by Greg Wycliffe, promoting the dangers of Bill C-63. Wycliffe also set up a GiveSendGo (or GSG) account, asking for $50,000. This is done under the pretext of protecting free speech rights in Canada.

By itself, this seems fine, and a good way to get the point across. And although it’s unclear what the $50,000 would be needed for, people can ask for money to finance activism.

Where things get interesting is that Wycliffe pushes the bogus narrative that the Emergencies Act was invoked because of a meme. He claims the RCMP decided to frame MacKenzie, because reasons…. He opposes Bill C-63, yet apparently supports the people who ensure that it will get passed. He’s silent on the obvious agitation.

This may be why Diagolon and the GDL are connected. They seem to have the same goals.

FLORIDA HOUSE BILL 269:
(1) https://www.myfloridahouse.gov/
(2) https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=76984
(3) https://www.change.org/p/stop-house-bill-269-in-florida
(4) https://www.youtube.com/watch?v=C0FaUaZNt70
(5) https://x.com/jnewsgabe/status/1597348747851153409
(6) https://www.nbcnews.com/news/us-news/neo-nazi-groups-spew-hate-disney-world-orlando-officials-say-rcna103186
(7) https://www.wsmv.com/2024/07/17/nashville-synagogue-calls-police-after-neo-nazi-group-shows-up/
(8) https://www.nbcnews.com/politics/2024-election/ron-desantis-signs-bill-combat-hate-crimes-israel-rcna81799

CANADA BILL C-63:
(1) https://www.canada.ca/en/canadian-heritage/services/online-harms.html
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-63
(3) https://www.ourcommons.ca/Members/en/arif-virani(88910)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-63/first-reading
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch?searchCommand=navigate&time=1709098767406
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=584229
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=111&regId=937469
(8) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=594289
(9) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=358918&regId=946132
(10) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=362688&regId=941750
(11) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=377298&regId=947241
(12) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=375749&regId=944913

(1) https://savefreespeech.ca/
(2) https://www.givesendgo.com/savefreespeech?amp;utm_medium=copy_link&utm_campaign=savefreespeech

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.

HATEGATE FOIPIP PACKAGE (FULL RELEASE):
(0) Previously Published Documents
(1) A-2022-06987 Release Package Part 1
(2) A-2022-06987 Release Package Part 2
(3) A-2022-06987 Release Package Part 3
(4) A-2022-06987 Release Package Part 4
(5) A-2022-06987 Release Package Part 5
(6) A-2022-06987 Release package Part 6
(7) A-2022-06987 Release Package Part 7
(8) A-2022-06987 Release Package Part 8
(9) A-2022-06987 Release Package Part 9
(10) A-2022-06987 Release Package Part 10
(11) A-2022-06987 Release Package Part 11
(12) A-2022-06987 Release Package Part 12
(13) A-2022-06987 Release Package Part 13
(14) A-2022-06987 Release package Part 14
(15) A-2022-06987 Release Package Part 15
(16) A-2022-06987 Release Package Part 16
(17) A-2022-06987 Release Package Part 17
(18) A-2022-06987 Release Package Part 18
(19) A-2022-06987 Release Package Part 19
(20) A-2022-06987 Release Package Part 20
(21) A-2022-06987 Release package Part 21

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

HERITAGE FRONT/CSIS:
(1) https://www.youtube.com/watch?v=d8CQ6pjKaJ8
(2) https://www.youtube.com/watch?v=gy7U8AOXhuw
(3) https://www.youtube.com/watch?v=A1cBOmr3pWg
(4) https://crier.co/the-hategate-affair-unmasking-canadas-hate-industry/
(5) Full Text Of HateGate Report (85 Pages)
(6) https://www.amazon.com/Race-Traitor-Canadian-Intelligence-Services-ebook/dp/B00JA05FYM
(7) https://open.canada.ca/en/search/ati
(8) https://open.canada.ca/en/search/ati/reference/0deb7fad4bfd4546cfd5e016c1667454
(9) https://x.com/elisahategan/status/1709587192715124829
(10) https://x.com/elisahategan/status/1757851798147117192
(11) https://x.com/elisahategan/status/1758258494740832409
(12) https://x.com/elisahategan/status/1762255316429803597/
(13) https://x.com/elisahategan/status/1798395395887997146
(14) https://x.com/elisahategan/status/1797682910516195560
(15) https://x.com/elisahategan/status/1734060656960090558
(16) https://x.com/elisahategan/status/1783193060005818703

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

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”.

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

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

HERITAGE FRONT/CSIS:
(1) https://www.youtube.com/watch?v=d8CQ6pjKaJ8
(2) https://www.youtube.com/watch?v=gy7U8AOXhuw
(3) https://www.youtube.com/watch?v=A1cBOmr3pWg
(4) https://crier.co/the-hategate-affair-unmasking-canadas-hate-industry/
(5) Full Text Of HateGate Report (85 Pages)
(6) https://www.amazon.com/Race-Traitor-Canadian-Intelligence-Services-ebook/dp/B00JA05FYM
(7) https://open.canada.ca/en/search/ati
(8) https://open.canada.ca/en/search/ati/reference/0deb7fad4bfd4546cfd5e016c1667454
(9) https://x.com/elisahategan/status/1709587192715124829
(10) https://x.com/elisahategan/status/1757851798147117192
(11) https://x.com/elisahategan/status/1758258494740832409
(12) https://x.com/elisahategan/status/1762255316429803597/
(13) https://x.com/elisahategan/status/1798395395887997146
(14) https://x.com/elisahategan/status/1797682910516195560
(15) https://x.com/elisahategan/status/1734060656960090558
(16) https://x.com/elisahategan/status/1783193060005818703

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

HATEGATE FOIPIP PACKAGE (FULL RELEASE):
(0) Previously Published Documents
(1) A-2022-06987 Release Package Part 1
(2) A-2022-06987 Release Package Part 2
(3) A-2022-06987 Release Package Part 3
(4) A-2022-06987 Release Package Part 4
(5) A-2022-06987 Release Package Part 5
(6) A-2022-06987 Release package Part 6
(7) A-2022-06987 Release Package Part 7
(8) A-2022-06987 Release Package Part 8
(9) A-2022-06987 Release Package Part 9
(10) A-2022-06987 Release Package Part 10
(11) A-2022-06987 Release Package Part 11
(12) A-2022-06987 Release Package Part 12
(13) A-2022-06987 Release Package Part 13
(14) A-2022-06987 Release package Part 14
(15) A-2022-06987 Release Package Part 15
(16) A-2022-06987 Release Package Part 16
(17) A-2022-06987 Release Package Part 17
(18) A-2022-06987 Release Package Part 18
(19) A-2022-06987 Release Package Part 19
(20) A-2022-06987 Release Package Part 20
(21) A-2022-06987 Release package Part 21

Diagolon Gun Grab, Part 1: The Schill Decision

A few months ago, an Ontario Court Judge suspended the firearms permit of a man deemed to be a threat to the public. This came despite him being convicted of no crime. Gary Schill is prohibited from owning any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance for 5 years.

The reasoning of Justice Robinson rested largely — though not entirely — on his association with the “meme” group Diagolon, and its leader, Jeremy MacKenzie. The testimony itself as available in the transcripts linked below.

As an aside, yes, his name is misspelled throughout the ruling.

Part 2 of the series will focus on the testimony that was used.

For some background, Schill was arrested back in April 2022, along with his then-wife, Jennifer McNeil. Both faced domestic violence charges, but with his being the more serious. Charges against them were eventually dropped.

McNeil told the police that Schill: (a) was a member of Diagolon; (b) was a stream moderator; and (c) was recruiting ex-military members for the purpose of building a militia.

Following this, York Regional Police went to the Court for the purpose of pre-emptively getting a firearms prohibition against Schill. This came despite the fact that the charge against him had been dropped.

It’s worth noting that it’s not alleged that Schill ever engaged in any terrorist behaviour, or committed any ideologically motivated violence. However, the Judge thought that there were valid concerns that he might endanger the public.

This will probably come as a surprise to Diagolon supporters, who seem to be under the mistaken belief that the group was supposedly cleared with the “HateGate” revelations. Diagolon, after all, was based on a joke of a new country made up of the “sane” Provinces and States, going from Alaska to Florida.

But no such exoneration ever happened.

Paul S. Rouleau, head of Public Emergency Order Commission (PEOC) made it clear he views the group as a militia-like network. Members of CSIS, the RCMP and OPP all testified about their concerns.

There’s also the false claim going around that panic over this “meme country” was responsible for having the state of emergency declared in the first place. That also isn’t true. While MacKenzie and Diagolon were cited as concerns, there was a lot more going on.

Anyhow, more on that in a later piece. As for Schill:

[5] The entirety of the Crown’s case came through the evidence of D.C. Carmichael, a police officer with York Regional Police’s Tactical Intelligence Unit, a unit tasked with investigating terrorism, extremism and subversive groups.

Diagolon, Jeremy McKenzie and Mr. Schill.
[6] In August 2021, the police received a complaint from a member of the public regarding a police officer who was publicly associated with Jeremy McKenzie, a well-known extremist.

[7] Initially, D.C. Carmichael was tasked with conducting a surface level assessment of Mr. McKenzie. He quickly learned that Mr. McKenzie was a prominent podcaster under the name “Raging Dissident” with a large following. His views were vehemently anti-government and anti-authority. Mr. McKenzie was the founder and face of an organization named Diagolon.

[8] D.C. Carmichael identified two Diagolon-related Telegram channels in York region. One was entitled the “North of 7 Community Safe Zone for C-19 Bigots”. The other was “York Region Bigots”, which later became “York Region Purebloods.” D.C. Carmichael was able to join the channels and monitor their activity for approximately two years.

[9] The two York region channels directly referenced Diagolon. Whenever Jeremy McKenzie posted anything or released a podcast, its contents would be shared immediately on the York-region Telegram channels.

[10] The content of the channels was anti-vaccine, anti-government, white nationalist and white supremacy rhetoric. It involved conspiracy theory discussions and talk about assembly a militia by acquiring weaponry and body armour and planning meet-ups.

[11] D.C. Carmichael identified Mr. Schill early on as an active member on the Telegram channels. Unlike others who hid behind aliases, Mr. Schill identified himself by his real name and real photograph.

[12] Mr. McKenzie, the founder of Diagolon, actively promoted “Day of the Rope”, a book about a white supremacist revolution that was based on “The Turner Diaries”, a 1978 neo-nazi novel. The books, described by D.C. Carmichael as the bible of white nationalism, recount a race war that evolves into genocide in which all non-whites, Jews and “race traitors” are lynched.

[13] D.C. Carmichael observed nazi imagery on many of the profile pictures of Diagolon members on Telegram. Their discussions included coordinating meet-ups to engage in shooting and combat-training.

[14] A photograph of one such meet-up [exhibit 1] shows a gathering of 14 individuals performing a Diagolon “salute”. Mr. Schill can be seen saluting under a large Diagolon flag.

[15] As of 28 March 2024, D.C. Carmichael was able to determine through a social media query that Mr. Schill was still following Jeremy McKenzie on Instagram.

[16] There was also evidence that Mr. Schill was in communication with Paolo Scarpelli, a close associate of Jeremy McKenzie’s, to organize Diagolon dinner parties at Mr. Schill’s residence.

Conversations from Telegram were entered into evidence to try to demonstrate that these were not just words, but that Schill (and others) intended to meet up.

According to D.C. Ernest Carmichael, he had been monitoring various Telegram chats for approximately 2 years. This wasn’t anonymous gossip from the Canadian Antihate Network. It was the police actively monitoring group chats. These were used as exhibits.

Not only are the police watching the postings, but they’re checking to see who’s following who. It’s one way to build a “network of association”.

Telegram Chats Going Into Evidence

Posting pictures of guns, ammunition or body armour with the caption “let’s meet up” is a pretty idiotic thing to do. Considering the various topics that are discussed, it’s hard to imagine that it wouldn’t be used to try to incriminate people.

Asking to “take everything to DMs” or direct messages was used by the police to imply that this was intended for illegal purposes. Now, it may all have been perfectly legal and legitimate, but it was used as evidence that it wasn’t.

It’s quite stunning what people post. And the police were able to record everything, without ever needing a warrant.

The Judge also referenced the Coutts blockade, and the arrest of Chris Lysak, whom had been referred to as the “head of security of Diagolon”.

Publishing Evidence On MacKenzie’s Substack

[27] Shortly after Mr. Schill received his disclosure on the domestic charges, excerpts from it were posted on Jeremy McKenzie’s blog on Substack, an online platform.

This is mind-bogglingly stupid. Schill, at the time, was facing a charge of assault causing bodily harm. If the Crown had proceeded by indictment (the more serious option) a conviction even for a first offence would have been serious. It would mean a mandatory 10 year ban on all non-restricted weapons, and a lifetime ban on any restricted or prohibited weapons.

This is, of course, in addition to any jail time, probation or fine that was handed down.

Sharing with someone privately is one thing. But what would cause a person to think that publishing evidence in an open criminal case (with violence alleged) was a good idea?

Quoting The PEOC Report

Report of the Public Inquiry into the 2022 Public Order Emergency
[39] In February 2023, a report was released by the Honourable Paul S. Rouleau, Commissioner of a public Inquiry into the declaration of a Public Order Emergency issued by the federal government in 2022.

[40] The Report noted that “[l]aw enforcement and intelligence agencies view Diagolon as a militia-like extremist organization.

[41] The Report further found that:
Diagolon may have started as a joke on Mr. McKenzie’s podcast, but it has grown into a larger community. The Royal Canadian Mounted Police (RCMP) has described Diagolon as a militia-like network with members who are armed and prepared for violence. In his testimony, the head of the Ontario Provincial Police (OPP) Intelligence Bureau described Diagolon as an extremist group… I am satisfied that law enforcement’s concern about Diagolon is genuine and well founded. The fact that a ballistic vest that was seized by the RCMP during the protests in Coutts – along with numerous guns – bore a Diagolon patch suggests as much.

[42] Notwithstanding the findings of the Commission, Mr. Foy points out that Diagolon is not currently listed as a terrorist entity on Public Safety Canada’s list of domestic terrorist groups.

Worth noting: Diagolon is not currently listed as a terrorist group.

Now, one could argue that it was unfair to have the PEOC Report used as a foundation for Justice Robinson here. Sure, it could be viewed as guilt by association. That being said, PEOC was used as a basis to pull Schill’s gun licence.

Assessment Of Risk Of Diagolon, Schill, MacKenzie

[64] The views of Jeremy McKenzie and his creation, Diagolon, can properly be described as anti-government and anti-authority, promoting the assembly of a militia to overthrow or, at the very least, actively resist the government.

[65] Mr. Pearson invites me to make a finding that Diagolon is a “terrorist group” as defined in s.83.01 C.C.. It is unnecessary for me to do so.

[66] Rather, it is sufficient – and permissible – for me to rely on the Commission Report’s findings that Diagolon is a militia-like extremist organization consisting of members who are armed and prepared for violence. I concur with the Commission’s finding that law enforcement’s concern about Diagolon is genuine and well-founded.

[67] Apart from the Commission’s findings, the evidence before me reasonably supports a valid public safety concern about the activities and members of Diagolon.

[68] Viewed cumulatively, there is cogent evidence that situates Mr. Schill in the inner ideological circle of Diagolon and close to its founder, Jeremy McKenzie. There is also cogent evidence of Mr. Schill’s intention to engage in the type of illegal activity espoused by Diagolon. For example:

(a) Mr. Schill’s devices show direct communication between him and Mr. McKenzie;

(b) Mr. Schill remains a follower of Mr. McKenzie on Instagram;

(c) Mr. Schill was an active participant on Telegram’s Diagolon channels based in York Region;

(d) Mr. Schill was observed in attendance at a Diagolon meet-up, where he was photographed giving the Diagolon salute under the Diagolon flag;

(e) Mr. Schill was actively engaged in organizing Diagolon meetings with Paolo Scarpelli, a close associate of Jeremy McKenzie;

(f) Mr. Schill’s wife provided evidence that he was attempting to recruit ex-military members to build a militia;

(g) Mr. Schill’s Telegram posts can reasonably be interpreted as an attempt to organize tactical shooting and combat training outings;

(h) Mr. Schill’s posts about attempting to acquire Level IV body armour and his desire to be “protected against mil spec” suggests active resistance against the government and not merely protection;

(i) Mr. Schill’s use of guarded language (e.g. “catch my drift” ) seems to confirm the illegal objective of the posts;

(j) Mr. Schill’s post about the House of Commons is clearly a reference to burning down Parliament;

(k) Mr. Schill was part of the inner circle Diagolon meeting on the outskirts of Ottawa during the Freedom Convoy;

(l)At the meeting, in which Jeremy McKenzie personally acknowledged and thanked Mr. Schill, Mr. McKenzie’s parting words were “there will not be any fucking surrendering as long as I am around;”

(m) Mr. Schill’s garage contained a re-load station in which he stored “huge amounts” of ammunition, not all of which was compatible with his lawfully-owned firearms; and

(n) In that same re-load station, Mr. Schill had a hand-drawn sketch of what can only be interpreted as a plan to engage in criminal activity at a closed gas station.

This was enough for Justice Robinson to conclude that a 5 year prohibition from weapons was warranted. For all the cries about this group just being a podcast community and “based on a meme”, these conversations and meets were used as evidence.

This ruling came from an Ontario Judge, not some nobody. Now, it’s precedent, and will almost certainly be cited in future cases.

Diagolon and MacKenzie weren’t cleared by the PEOC report. Rouleau made it clear that the thought the group was dangerous.

They weren’t cleared by the Mosley ruling either. That was the January 2024 verdict in Federal Court that it was unreasonable to invoke the Emergencies Act. There was just passing mention of them at all.

Defenders have claimed that there was no evidence of wrongdoing, and that there was a heavy reliance on groups like the Canadian Antihate Network. This was supposed to be some major intelligence failure. But Carmichael testified that he personally had been monitoring the chats for 2 years. The transcripts are available, and are also worth a read.

Now, a person has had his firearms rights suspended — despite not being convicted of a crime — due in large part to his connection to this “meme” group.

Could the police be lying or exaggerating in order to punish someone they ideologically disagree with? Sure, it’s possible. Nonetheless they were successful at getting the licence taken away. Please read the decision in full.

Guess that wasn’t something to brag about on the “Road Rage Terror Tour”.

More on PEOC and Mosley coming in subsequent posts.

Now, the ruling does look really, REALLY bad, but what was actually said at the hearing? The transcripts are available, so Carmichael’s testimony can be looked at. And interestingly, it comes across as a lot more speculative than what the Judge wrote. Stay tuned.

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

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

Defamation Lawsuit Discontinued Against David Fisman

A University of Guelph professor has formally discontinued his action against David Fisman, a so-called “expert” from recent years. The Statement of Claim, filed in late 2022, involved him, the University of Guelph, and several of their staff. This was the result of a lengthy dispute with Byram Bridle, a faculty member there.

The Notice was “with prejudice, on a no-cost basis”. With prejudice means that it can never again be refiled. Apparently, Fisman agreed to waive costs as well.

The Guelph Defendants filed a Statement of Defence, but Fisman didn’t. Instead, his lawyers opted to commence an anti-SLAPP Motion to have the allegations against him thrown out. The scheduled date was November 19th, 2024.

Keep in mind, under Ontario law, cases dismissed under anti-SLAPP laws are typically subject to “full indemnity” cost awards. This means that the Plaintiff(s) who loses will have to pay 100% of the Defendant(s) costs in addition to their own. This is done to deter people from using the legal system as a weapon to silence free speech.

Fisman doesn’t appear to have any real connection to Guelph. The suit against him has to do with some social media postings. There are (of course) allegations of a conspiracy, but none of it is properly pled. This is the sort of thing which led to Kulvinder Gill’s $1.1 million cost award nearly 2 years ago.

Back on February 28th, 2024, there was a case conference. The Guelph Defendants also commenced an anti-SLAPP Motion of their own.

At that point, Bridle was facing 2 anti-SLAPP Motions, both presumably with full-indemnity cost awards. His solution was to arrange to have one of them dropped.

True, a case is normally “stayed” (or frozen) once this is initiated, but it doesn’t prevent the parties from consenting to discontinue the matter.

While Fisman is no longer a party to this case, Guelph’s Motion is still set to be heard in 2025. Even if the Judge rules that anti-SLAPP laws (s.137.1 of Courts of Justice Act) don’t apply, it’s likely to be dismissed anyway. The reason: Bridle is a faculty member at the school. UGuelph employees are bound by a collective bargaining agreement. In particular, Article 40 outlines that arbitration — not litigation — is the expected path. See earlier review of this case. At its core, the allegations against the university itself (and its staff) amount to a workplace dispute.

Bridle dodged one bullet by dropping his case against Fisman. It remains to be seen if he’ll come to his senses regarding the University of Guelph.

(1) https://www.ontario.ca/page/search-court-cases-online
(2) Byram Bridle Statement Of Claim
(3) Byram Bridle Statement Of Defence
(4) Byram Bridle Notice Of Discontinuance Fisman
(5) https://www.uoguelph.ca/facultyrelations/collective-agreements
(6) University Of Guelph, Text Of Collective Bargaining Agreement
(7) https://canucklaw.ca/byram-bridle-lawsuit-unlikely-to-ever-get-anywhere/
(8) https://canucklaw.ca/second-anti-slapp-motion-commenced/