Free Speech Archives - Page 4 of 33

August 25, 2024March 15, 2025

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 FOIPOP (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”.

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
(5) Hategan Farber Fresh As Amended Statement Of Claim
(6) Hategan Farber Affidavit Motion To Dismiss
(7) Hategan Farber Responding Factum

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

July 23, 2024September 27, 2024

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.

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

June 20, 2024June 20, 2024

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/

May 7, 2024May 7, 2024

Jordan Peterson Quietly Drops Lawsuit Against Wilfrid Laurier University

The long anticipated anti-SLAPP Motion between Jordan Peterson and Wilfrid Laurier University (WLU) will never be heard. Shortly before it was scheduled to go ahead, the parties quietly settled the case. Or to be more accurate, Peterson dropped the lawsuit and agreed to pay partial costs.

In their Motion Record, submitted back in 2022, Laurier includes correspondence with Peterson over the scheduling of Cross-Examinations. The school attempted many times to set dates. However, it appears that he repeatedly gave them the run around.

Put simply, if a party wants to put evidence into the file, the other side is entitled to ask them questions. This is commonly referred to as “testing the evidence”. Peterson can put anything he wants into an Affidavit, as long as he’s willing to be questioned about it.

For background on the case, see here and here.

Now, he won’t be on the hook for full indemnity, or 100% of costs. This is typical when defamation suits are dismissed under section 137.1 of the Courts of Justice Act for Ontario, or the anti-SLAPP laws. Instead, he’ll only have to pay a portion of those.

To be clear, Peterson never won anything. He just negotiated a lower rate in return for abandoning this lawsuit. He dragged out the case for 5 1/2 years just to leverage reduced costs.

From the April 15th, 2024 Civil Endorsement of Justice Akazaki:

The case conference was brought before me as the judge assigned to hear the anti-SLAPP motion on April 18, 2024. Before I began the conference, counsel confirmed that there was no objection to my hearing the motion due to my participation, prior to my appointment, in an on-campus debate organized by University of Toronto students touching on the plaintiff’s ideas. I have, separately, determined there are no grounds for recusal.

The grounds for the motion for adjournment was the need to join the two related actions. Subsection 137.1(5) does not provide for judicial discretion based on other steps that could be taken, because it specifically prohibits further steps. Once an anti-SLAPP motion has been brought, the plaintiff cannot even discontinue the action: Canadian Thermo Windows Inc. v. Seangio, 2021 ONSC 6555, at para. 35. Since the grounds for seeking the adjournment entail prohibited procedural steps, I saw no reason to grant the adjournment.

I discussed with counsel the nature of the second statement of claim as being less of a libel claim than a pleading of aggravation of the cause of action set out in the first statement of claim. Counsel for the University stated that she had no instructions to bring an anti-SLAPP motion in the first claim. Counsel appeared willing to discuss a resolution of the motion, possibly subject to argument regarding costs under subsections (7) and (8).

In the event the motion is resolved or the issues change as a result of that discussion, counsel should contact my judicial assistant to inform me same.

Few people know (or will remember) that Peterson actually sued Laurier twice. The first time was after the Shepherd audio got leaked. The second was when Laurier publicly responded to the first lawsuit. The whole thing smacks of lawfare.

At the first case conference, Peterson tried to join the 2 suit. But since invoking anti-SLAPP in the second lawsuit stays that proceeding, procedurally, this isn’t allowed to happen.

Apparently, the original lawsuit is still open. This is the one which Laurier filed a 3rd Party Claim against Lindsay Shepherd, arguing that she’s responsible for damages Peterson may have suffered.

From April 18th, 2024 AMENDED Civil Endorsement of Justice Akazaki:

On consent, this court hereby orders:

The motion is granted, and this action is dismissed.

The plaintiff shall pay the defendant’s costs of the motion and of the action on a partial indemnity basis, in an amount to be agreed by the parties or to be assessed.

If the costs are to be assessed, the assessment may be commenced by either party in accordance with rule 58.

The costs amount shall be payable within 30 days of the parties’ agreement on value or the date of assessment, as the case may be.

So, that appears to be the end of it. Peterson won’t have to face the consequences of his lawsuit, and Laurier will get (at least some) costs back. The original lawsuit, while still open, seems dead in the water. There’s no way to advance it without facing another anti-SLAPP Motion.

Considering that both defamation lawsuits were filed in 2018, this comes across as a weak way to end it. Peterson has been — for years — dodging attempts to move the anti-SLAPP Motion forward. Now, just before the hearing, he jumps ship.

Oddly, Peterson isn’t as media happy about it now as he was then.

(1) Wilfrid Laurier University Anti-SLAPP Motion Record
(2) Wilfrid Laurier University Endorsement Form
(3) Wilfrid Laurier University Amended Endorsement
(4) https://www.justiceservices.jus.gov.on.ca/MyAccount/screens/CaseLookup/CSLKUP001.xhtml
(5) https://www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/rso-1990-c-c43.html#sec137.1_smooth
(6) https://www.youtube.com/watch?v=PkNv4LFpGf4
(7) https://www.youtube.com/watch?v=a8zLcMGCedA
(8) https://www.youtube.com/watch?v=PfjQeLn0hyI
(9) https://www.youtube.com/watch?v=WXYuqrO8LLo
(10) https://nationalpost.com/news/canada/jordan-peterson-lawsuit-wilfrid-laurier?

May 6, 2024May 7, 2024

Vote Harder! Poilievre Tells Corporate Canada To “Fire Your Lobbyist”

Recently, Pierre Poilievre, leader of the CPC and the Official Opposition of Canada, published an article in the National Post. The catchy title called on Corporate Canada to “fire your lobbyist”.

But apparently, the call is to stop lobbying other politicians. Poilievre himself seems quite content. In fact, the Lobbying Registry of Canada lists him meeting with special interest groups 329 times. Whether a person believes in the practice of political lobbying or not, this comes across as hypocritical.

Then there’s this:

At the most, the Chamber of Commerce, Business Council, and Canadian Federation of Independent Business hold pointless luncheons and meetings and write op-eds or record interviews that almost no one sees. As leader of the Conservative Party of Canada, I refuse to meet the aforementioned groups. They tell me what I already know.

Sounds lovely, doesn’t it? Fortunately for Poilievre, few will bother to fact check anything that he says. But there are always nerdy, autistic trolls that have too much time on their hands.

In the article, he claims that he refuses to meet with the groups: (a) Chamber of Commerce; (b) Business Council, and (c) Canadian Federation of Independent Business. However, records from the Lobbying Registry make it clear that he does meet with them. Not like any of this is difficult to find out.

There’s also apparently a Chamber of Marine Commerce that Poilievre has met with.

He’s also met 10 times with CIJA, the Centre for Israel and Jewish Affairs. There were 3 meetings with NCCM, the National Council of Canadian Muslims. Both have lobbied for changes to the Canadian Human Rights Act, to ban “hate speech”.

There are countless other examples of Poilievre being lobbied by the sorts of people that he now rails against. He mentions Teck Resources in the National Post article, despite also having been lobbied by them.

Want to stop the latest tax hike? Or get bureaucracy out of the way to build homes, mines, factories, pipelines and more? Then cancel your lunch meeting at the Rideau Club. Fire your lobbyist. And go to the people.

Sounds catchy, just like so many of his soundbites. But apparently it’s still okay for him to meet with lobbyists. Presumably this attitude will change if and when he ever takes power.

Did Poilievre write this himself? Or did his handlers?

In any event, vote harder!

May 3, 2024May 3, 2024

Never Again: NDP MP Leah Gazan’s Rationale Behind Banning Residential School “Denialism”

A year ago, NDP Member of Parliament for Winnipeg Centre, Leah Gazan, made the news with calls to formally make illegal so-called residential school “denialism”.

October 2022, she got a Motion passed unanimously to formally recognize that genocide had taken place at residential schools in Canada.

In any event, recent tweets, here and here, shine light on her rationale for doing this. She draws a parallel between Holocaust denial, and this. And her solution is exactly the same: to make it illegal to publicly deny that it happened.

This Canadian Jewish Heritage Month, I commemorate my grandfather, David Gazan, who served in the Dutch Army during WWII, my grandmother, Gina Gazan, a concentration camp survivor, and my father, Albert Gazan, a Holocaust survivor and lifelong peace activist. (1/2)

We must stand together against rising antisemitic rhetoric and hate groups. We must remember the lessons of the Holocaust and the legacy of hate and discrimination that allowed it to happen. Never again means never again for anyone. (2/2)

However, Gazan posts this on her website, which really throws things for a loop.

Urgent Action Needed on the Humanitarian Crisis in Palestine

Israel’s devastating bombardment of Gaza following the horrific Oct. 7 attack by Hamas on Israeli civilians has led to a humanitarian crisis that requires immediate action. At the time of writing, more than 22,000 people are confirmed killed in Gaza, more than 58,000 injured, and another 7,000 are missing under the rubble. Nearly half of those killed in Gaza were children, and 79 journalists and media workers have been killed. 1.9 million have been displaced by the destruction of critical infrastructure.

The Israeli blockade on fuel, food, water, and medicine is causing dehydration, starvation, and the unmitigated spread of disease among civilian populations. Women are being forced to give birth without electricity or medication, and surgeries are being performed without anesthesia.

For decades, Palestinians have been subjected to occupation, eviction from their homes, the annexation of their land, and the expansion of illegal settlements.

Even though Gazan supports criminalizing the act of “Residential School denialism”, and presumably “Holocaust denial” as well, she openly calls out what’s been going on for decades by Israel.

It’s also interesting that Gazan repeatedly denounces antisemitism. Such comments about Israel and the Middle East lead to similar accusations about her. She’s often labelled a Hamas sympathizer.

April 30th, Gazan retweeted António Guterres, Secretary-General of the United Nations. Concerning the Middle East, he stated: “Independent investigators must be allowed immediate access. The families of the dead have a right to know what happened”. That certainly sounds reasonable, but by Gazan’s own standards, such comments would be hate speech if said in Canada.

She calls out genocide, but wants to make it illegal to question?!

Gazan also promotes her own Bill C-223, which would establish a framework for U.B.I., or universal basic income. Seems a bit odd that she wants a country that she alleges committed genocide to provide everyone with free money.

Last year, Gazan publicly called for the Federal Government to “protect and uphold the right to travel for refugees and former refugees”. Bearing in mind that they’re already free to move within Canada, this presumably means the freedom to visit other countries. Or to return to where they’re being persecuted. She also references 2020/2021, when Canadians weren’t free to travel.

Gazan is an enthusiastic supporter of abortion and women’s rights. While supporting social programs for children, it’s also a human right to terminate pregnancies at will.

Gazan is definitely a hard one to figure out.

Will “conservatives” take a principled stand on free speech? Doubtful. In 2022, Kevin Waugh introduced Bill C-250 to JAIL Holocaust deniers. It was also proudly displayed on the CPC website, but later removed. See the archive. But because of Division 21 in Bill C-19, Waugh’s version soon became redundant. As for these specific efforts:

Conservative Leader Pierre Poilievre’s spokesman Sebastian Skamski has not yet responded to a request about whether the Tories would support a push to criminalize residential school denialism.

When asked specifically about criminalizing “residential school denialism”, Poilievre hasn’t given a straight answer. There was no indignation at such an attack on free speech. But if he were logically consistent, he’d support such legislation.

We’ll have to see if it ever actually emerges. For now, it’s just talk. However, that can change quite quickly, and can always be buried in an omnibus bill.

(1) https://twitter.com/LeahGazan/status/1585726302044229632
(2) https://www.cbc.ca/news/politics/should-residential-school-denialism-declared-hate-speech-1.6744100
(3) https://twitter.com/LeahGazan/status/1786107789196288306
(4) https://twitter.com/LeahGazan/status/1786107791511601274
(5) https://www.leahgazan.ca/palestine_feedback
(6) https://twitter.com/antonioguterres/status/1785394742391402660
(7) https://www.leahgazan.ca/support223
(8) https://www.parl.ca/legisinfo/en/bill/44-1/c-223
(9) https://www.leahgazan.ca/right_to_travel
(10) https://www.leahgazan.ca/statement-fredericton-abortion-clinic-closure
(11) https://www.parl.ca/legisinfo/en/bill/44-1/c-250
(12) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-19/royal-assent
(13) https://www.ctvnews.ca/politics/special-interlocutor-waiting-for-mp-bill-criminalizing-residential-school-denialism-1.6661615

Category: Free Speech

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