Center For Research-Action on Race Relations v. www.bcwhitepride.com

Center For Research-Action on Race Relations v. www.bcwhitepride.com
Collection
Canadian Human Rights Tribunal
Date
2008-01-09
Neutral citation
2008 CHRT 1
File number(s)
T1120/0206
Decision-maker(s)
Hadjis, Athanasios
Decision type
Decision
Decision Content
CENTER FOR RESEARCH-ACTION ON RACE RELATIONS
Complainant
- and -
CANADIAN HUMAN RIGHTS COMMISSION
Commission
- and -
WWW.BCWHITEPRIDE.COM
- and -
JOHN BECK
Respondents
DECISION
2008 CHRT 1 2008/01/09
MEMBER: Athanasios D. Hadjis
I. PRELIMINARY ISSUES
II. DECISION
III. SECTION 13 OF THE ACT
IV. WHAT ARE THE IMPUGNED MESSAGES IN THIS CASE?
(i) The Immigration link
(ii) The Media link
(iii) The Jews link
(iv) The Canadian Politics link
(v) The Struggle at a Glance link
(vi) The Racial Health link
(vii) The Solutions link
V. ANALYSIS
A. Is the material likely to expose members of the targeted groups to hatred or contempt by reason of the fact that the person or persons are identifiable on the basis of a prohibited ground of discrimination, within the meaning of s. 13(1)?
(i) How does the material expose non-white persons to hatred or contempt?
(ii) How does the material expose Jews to hatred or contempt?
(iii) How does the material expose the disabled to hatred or contempt?
(iv) Conclusion: The material is likely to expose the targeted groups to hatred or contempt
B. Were the communications made repeatedly, within the meaning of s. 13 of the Act?
C. Who communicated the impugned messages?
(i) Did John Beck communicate the impugned messages?
(ii) Did bcwhitepride.com communicate the impugned messages?
VI. REMEDIES
A. An order that the discriminatory practice cease (s. 54(1)(a))
B. Penalty (s. 54(1)(c))
C. Witness fee
[1] The Center for Research-Action on Race Relations (CRARR) has filed the present complaint alleging a breach of s. 13 of the Canadian Human Rights Act. The complaint was filed against the person or persons directly responsible for the website www.members/odinrage.com/bcwhitepride.com/immigration.htm, also known as BCWhitePride.com. CRARR claims in the complaint that the website incited discrimination, hate and other violations of the right to equality and dignity of persons because of their race, ethnic or national origin, religion, disability and immigrant status, among others.
I. PRELIMINARY ISSUES [2] On January 24, 2006, the Canadian Human Rights Commission (Commission) referred the complaint to the Tribunal. Prior to the commencement of the hearing, the Commission moved to amend the style of cause of the complaint to add as respondent parties John Beck, www.bcwhitepride.org, as well as two groups known respectively as BC White Pride and White Renegade.
[3] On May 18, 2007, Tribunal Member Pierre Deschamps issued a preliminary ruling on the Commission's motion, allowing John Beck to be added as a party to the proceedings (Center for Research-Action on Race Relations v. www.bcwhitepride.com, 2007 CHRT 20). However, Member Deschamps denied the request to add the White Renegade group as a party. With respect to the BC White Pride group and www.bcwhitepride.org, he ordered that they be served with the ruling so that they could, in due course, make submissions on the Commission's motion to add them as parties. At the opening of the hearing into the complaint, I found that the Commission had not served the ruling on these two potential parties. Consequently, I ruled that the complaint would not be amended to include them.
[4] As a result, the hearing on the merits of the complaint proceeded solely against www.bcwhitepride.com and John Beck. The Commission was the only party represented by legal counsel at the hearing. CRARR's Executive Director, Fo Niemi, appeared on behalf of the Complainant. Mr. Beck was present at the hearing assisted by Paul Fromm, who is not a lawyer. Mr. Fromm acted as Mr. Beck's agent. He made an opening statement, posed questions to witnesses, and led final arguments on behalf of Mr. Beck. No one appeared on behalf of www.bcwhitepride.com.
II. DECISION [5] For the reasons set out below, I have determined that the complaint regarding Mr. Beck is substantiated. With respect to www.whitepride.com, however, I have concluded that this is merely the Internet address of a website and not a person or group of persons within the meaning of s. 13 of the Act. Consequently, the complaint as against www.whitepride.com has not been substantiated.
III. SECTION 13 OF THE ACT [6] In order for a complaint under s. 13(1) to be substantiated, it must be established that matter:
that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination, was communicated telephonically or caused to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, by a person or group of persons acting in concert.
[7] Prohibited grounds of discrimination include race, national or ethnic origin, colour, religion, and disability (s. 3).
IV. WHAT ARE THE IMPUGNED MESSAGES IN THIS CASE? [8] Mr. Niemi testified that CRARR is an independent, non-profit organization based in Montreal, having as its mandate the promotion of racial harmony and equality within Canadian society. Its activities include conducting research, organizing conferences and seminars, and providing training regarding diversity management or dealing with discrimination. CRARR also provides individual assistance and representation to persons who believe they have been discriminated against because of their race, religion, ethnicity or other related grounds.
[9] CRARR regularly receives correspondence from members of the public bringing to its attention matters of interest. In May 2003, an email was sent to CRARR suggesting that it look into a website called bcwhitepride.com. Mr. Niemi and his colleagues at CRARR viewed the site and came to the opinion that it violated s. 13 of the Act. They therefore took steps to advise the Commission of the website's existence and file the present human rights complaint.
[10] Mr. Niemi testified that at the time when the complaint was filed (March 23, 2004), the material was viewed on a website the home page of which had a rather complex address: http://members.odinrage.com/bcwhitepride. Mr. Niemi referred to this website as bcwhitepride.com. By September 2004, several months after the complaint had been filed, the material that was found at this web address had been transferred to a website located at http://www.bcwhitepride.org. The text from the pages that Mr. Niemi had viewed on the original site had been carried forward unchanged to the new site, but a few slight modifications had been made to the appearance of the pages (such as text fonts and table formatting). The Commission and CRARR contend that the .com website was merely transformed to the .org website and that Mr. Beck communicated the impugned messages through the use initially of the bcwhitepride.com website and subsequently via bcwhitepride.org.
[11] The website (at both Internet addresses) had a home page with a greeting welcoming visitors to the site. It set out some of the themes that were addressed within the site's other pages, by stating the following (all the excerpts from the website that I have included in this decision are reproduced without any corrections to typographical, grammatical and other errors):
Welcome to BC White Pride!
There's a bold new movement being championed in British Columbia focused specifically on educating White people regarding issues of concern such as immigration, media control, demographics, higher education and cultural degradation. The proud men and women of BC White Pride have made an informed and deliberate decision to join together to combat the premeditated decline of our people.
We are men and women of European descent that stand for the preservation of our race, heritage and culture for future generations. We are deeply concerned with the current trend of immigration from non-White countries into both Canada and our beloved European homelands.
We aim to expose the obvious monopoly of our media by the Jews who foment an agenda of liberalism, political correctness, multicultism and race mixing culminating in the breakdown of morality and family values in our proud culture. Moreover, we are frustrated with governmental policies that no longer serve the best interests of White people, the erstwhile founders of this great nation and so many others around the world.
We hope to educate you to the facts that the Jewsmedia is not telling you, and to request assistance from you to help secure the existence of our people and a future for White children.
This opening text was then followed up by the following passage:
Did you know?
People of unmixed European descent now consist of only 8% of the world's population!
Only 2% of the world's population are white females within child bearing age or younger!
Abortion rates and the elevated use of birth control among Whites combined with the fact that less White families are having children has put the white birthrate below replacement levels worldwide!
Miscegenation (race-mixing) is at all time high in all White cultures and is being aggressively promoted by the Jewsmedia like there's no tomorrow, literally!
Third world immigration, if left unchecked, will render North America, Europe and Australia with a non-White majority by the turn of the next century!
Listen to the call of your once proud people! Help us make the country a better place for White families...
[12] On the left side of the page was a column listing a number of topics, which are in fact links to the other pages of the website. By clicking on the topic, the related page opened for the reader. The column remained visible on each of the website's pages, enabling the visitor to access the other pages by clicking on the link at any time, without having to return to the home page. The column contained the following links:
Immigration
The Media
The Jews
Canadian Politics
The Struggle at a Glance
Racial Health
Solutions
(i) The Immigration link [13] The Immigration link brought the reader to a page containing a commentary entitled Canada's Failed Immigration Policy. The main premise of the commentary is that while Canada's immigration policy traditionally favoured hard-working people of European stock, the 1960's saw the rise of a tumultuous generation hellbent on undermining the traditional values of Canada.
[14] The text relies upon figures released by Statistics Canada to support its conclusions. For instance, it is put forward that Canadian immigration policy now favours Asians over immigrants from all places of birth combined, based on the Statistics Canada figure that the origin of 53.2% of all persons immigrating to Canada in 2000 was identified as Asia and Pacific. The commentary goes on to posit that the reason for this calamity is that family class immigrants constitute 60% of all immigrants, arguing that Asians are displacing the founding race of this country at an alarming pace, specifically when we allow them to bring in family members from Third World nations. On the other hand, highly qualified European workers are forced to proceed through the rigours of the points system, which assesses official language proficiency and compares an applicant's occupational history with the list of underrepresented occupations in Canada.
[15] Elsewhere in the commentary, figures are cited, which purportedly demonstrate that almost 22% of immigrants to British Columbia between 1961 and 1996 came from either the People's Republic of China, Taiwan or Hong Kong. This statistic prompts the text's author to state, Perhaps it's time to rename the province Chinese Columbia. The article then goes on to recount the efforts made in British Columbia at the start of the 20th century to prevent the entry of Asian immigrants. The article includes the following lyrics to a song that was supposedly sung in 1907 by opponents to the entry of Asians:
Then let us stand united and tall, and show our fathers might that won the home we call our own, for the white man's land we fight! To the Oriental grasp and greed we'll never surrender, no never! White Canada forever!
The article follows this excerpt with the comment, If only we possessed the collective courage of our founding forefathers.
[16] The article concludes with the assertion that the premeditated extinction of Europeans in our great land is under way and that the immigrants who have come to Canada will continue to reap the fruits of our labour until our people are rendered a minority in our own land. The final sentence on this web page states, We must secure the existence of our people and a future for white children!
(ii) The Media link [17] Mr. Niemi testified that when he initially visited the bcwhitepride.com website in 2003, clicking on this link did not result in his being redirected to another webpage. However, when he visited the website after its content had been moved to the new address (bcwhitepride.org), he was redirected to a page entitled Media Control in North America when he clicked on the Media link.
[18] The article on this web page asserts that the television, filmmaking and other mass media industries in North America, are in reality [...] absolutely dominated by one group of people that clearly have an agenda that is not representative of the best interests of the majority White population. The commentary goes on to explain that these all-powerful masters of the media are Jews to a very large extent, and that the preponderance of the Jews in the media is so overwhelming that we are obliged to assume that it is due to more than mere happenstance.
[19] The article then proceeds to set out the media outlets owned by the Asper family in Canada as well as to provide a list setting out the names of dozens of Jewish US Media Moguls. It takes the view that Jewish media control determines the foreign policy of the United States and permits Jewish interests rather than American interests to decide questions of war and peace. The article concludes as follows:
It would be intolerable for such power to be in the hands of any alien minority, with values and interests different from our own, but to permit the Jews, who have historically held us with such contempt, to hold such power over us is tantamount to race suicide. Indeed, the fact so many White People today are so filled with a sense of racial guilt and self-hatred that they actively seek the death of their own race is a deliberate consequence of Jewish media control. Once we have absorbed and understood the fact of Jewish media control, it is our inescapable responsibility to do whatever is necessary to break that control. We must shrink from nothing in our quest to overthrow this insipid power that we have subconsciously allowed to enslave our minds. If we fail to destroy this loathsome beast, it will erode at the very foundations of our race and destroy us from within.
(iii) The Jews link [20] As in the case of the Media page, Mr. Niemi was unable to view this web page in 2003, but when the website moved to the bcwhitepride.org internet address, the link became functional. The internet address of the actual page that Mr. Niemi was redirected to when he clicked on The Jews was http://bcwhitepride.org/juden.htm. The title of the article found thereon was A Brief History of the Jews.
[21] The text challenges the general consensus of the public that centuries of persecution directed against the Jews should earn them `victim' status, and proposes that to really understand why the Jews have been persecuted, we must briefly look at their history in a nutshell. The article then proceeds to document in detail statements made and actions taken regarding Jews, throughout history. There is discussion in the article of the role Jews have played with regard to the `art' of usury, the foundation of communism, and in the establishment of international financial control run by ultrawealthy Jewish families that bought out Gentile companies and banks through legal, if unethical practices.
[22] In its conclusions, the article expresses concern about how Jews are employing their vast power and their unchallenged control of almost every walk of life. It is stated that white nations are being manipulated and controlled by the Jews, and that it is in the Jews' best interest to protect themselves from those that understand their role in history and contemporary society by introducing the notion of White guilt for their persecution, through the controlled media and educational institutions. In the end, it is argued, it comes down to the destruction of White identity and nationalism.
(iv) The Canadian Politics link [23] This web page consists of a commentary regarding the Liberal Party of Canada and the Canadian Alliance/Reform Party. The article described the Liberal Party's bending over backward to pander to racial minorities at the expense of the White majority as a disturbing trend, which was reflected in the appointment of Adrienne Clarkson (an immigrant from Hong Kong) as Governor General. Her husband, John Ralston Saul, is referred to as a race traitor. Prime Minister Jean Chretien is criticized for having appointed Rey Pagtakhan (a recent Filipino immigrant) and Hedy Fry (a non-white immigrant from Trinidad) as ministers. Efforts by the Liberal government of the time to stiffen sentences on hate crimes, launch national youth programs to fight racism and establish a national strategy to fight hate and bias activities, are criticized as constituting a Liberal campaign to undermine White society.
[24] The efforts by the Canadian Alliance Party to become more politically inclusive are also criticized. The party is accused of having been infiltrated by multicultists at the upper echelon. It is highlighted that the son of the party's former leader, Stockwell Day, married a Filipino woman. Mr. Day is criticized for having even used his multiracial grandchildren in his campaign advertisements. The article concludes that the Alliance Party's liberal stances on many issues have attracted many South Asian, East Asian and Jewish representatives. Consequently, race conscious White Canadian voters have no real alternatives at the voting booth, and they must therefore take a revolutionary third position and look beyond the conventional political system to solve their problems.
(v) The Struggle at a Glance link [25] This web page purports to contain a list with short descriptions of the largest and most influential factions that have emerged since the ideological overthrow of traditional racialist organizations like the American Nazi Party and the Ku Klux Klan (KKK). The article explains that these factions began after the golden age of the Ku Klux Klan. The reader is put on notice that the men and women of BC White Pride have elected not to affiliate with any groups listed and that these groups do not necessarily represent the interests or objectives of BC White Pride.
[26] The list includes references to websites operated by these groups, referring to one such site as useful...for newcomers to the movement who wish to network and who seek education relating to prominent Canadians involved in the racialist struggle. Another of these websites is described as a great electronic meeting place for race conscious White people from all corners of the globe.
(vi) The Racial Health link [27] The objective of this web page, according to its introductory paragraph, is to outline important issues relating to the tragic demise of White racial health on a global scale. The article is divided into three segments entitled respectively IQ and Race, Abortion and Race, and Euthanasia and Race.
[28] The first section, IQ and Race, argues that many social evils, such as chronic unemployment, long term welfare dependency, crime, single motherhood, and poverty, would be reduced if the intelligence of the population could be increased. This is unlikely to occur, it is claimed, because the genetic component of intelligence is allegedly deteriorating through a process called dysgenisis, which results from the tendency of the most intelligent classes to have fewer children and through the large scale immigration of those with low intelligence.
[29] This process is said to be accelerated in multiethnic societies, where certain minority groups with a lower level of intelligence have higher fertility rates than Whites. Blacks, it is asserted, have a significantly lower level of intelligence than Whites and Asians and this contributes to the over-representation of Blacks with respect to the social pathologies of poor educational attainment, single motherhood, crime, etc. Thus, concludes this section of the article, as the cognitive underclass continues to outbreed the intellectual elite in White nations across the globe, the average IQ of White societies will continue to fall. This will precipitate the decline of the great civilizations that our ancestors fought so hard to build. Only a society that aggressively controls immigration and encourages the adoption of fertility policies conducive to the improvement of its genetic stock can reverse dysgenis.
[30] The Abortion and Race section of the article takes issue with policies that allow abortion on demand. It holds out that, more often than not, it is a potentially healthy, productive White baby that is aborted. As a result, the text goes on to say, abortion on demand is counterproductive in White nations specifically because our birth rate has fallen below replacement levels. Thus, White nations are unable to maintain a stable population base.
[31] The article does not, however, argue for the prohibition of abortion in all cases. The criteria for aborting a foetus should depend primarily on considerations relating to the potential net gain or profit that the resulting individual will have on our society as a whole. It suggests that abortion be available with respect to non-White foetuses, given the well-documented differential IQ levels between races and that, on the whole, non-White foetuses have a negative aggregate genetic impact on our society. The article also supports abortion in situations where the foetus is deformed and will be born with a severe mental and/or physical disability.
[32] This leads to the thesis of the article's third segment, Euthanasia and Race, which asserts that severely retarded and brain damaged do not qualify as net contributors to society, but [are] a tragic drain on their families and society as a whole. Advocates for the disabled are criticized for equating rights of even the most severely retarded person with those of the cognitive elite. Such disabled persons should be euthanized, it is argued, and this in turn will have an impact on the racial issue because white couples who are enslaved by severely disabled children are less likely to have more white children. The article condemns the fact that contemporary abortion laws allow the premeditated murder [of] a potentially healthy productive White foetus, while it is illegal and punishable by life sentence to kill a severely retarded or brain damaged person who needs constant care at taxpayers' expense for the duration of their pointless lives. In addition, the article posits that if the funds currently misappropriated to care for the severely disabled were spent providing tax breaks to large families, White people would be encouraged to have more, healthy children. In making its points on this issue, the article refers to the severely disabled as parasites, incognizant primates, and genetic throwbacks.
[33] In short, the article concludes, policies aimed at reducing the natural inequalities between individuals and peoples are not only counterproductive, but wasteful considering the bell curve of attributes naturally occurring in any biological population. Equality, it is argued, is a myth propounded by those who would seek to dissuade us from our instinctual prerogative to cull the lesser beasts from the herd.
(vii) The Solutions link [34] This article purports to offer some answers to readers who may be wondering what they can do to help their struggling race. One of the suggestions is to cease relying on television and the print media for information. Instead, doing one's own research on the Internet is recommended. It is claimed that more truth can be found through an independent investigation on the worldwide web than on television or in your daily Jewspaper.
[35] Another proposed solution is to spread our message of hope and assist us in re-educating Whites who have succumbed to the ideologies propageated by the controlled media. This can be achieved, it is suggested, by approaching friends whose frame of mind might be compatible with the objectives of our cause. The reader is also encouraged to print out several flyers, which were available and could be viewed on the website, for legal distribution in libraries, educational institutions and parking lots.
[36] The Commission entered into evidence two of these flyers. The first is in the form of a missing person bulletin. It contains a photo of a young, white girl. The caption accompanying the photo states the following:
MISSING
A Future For White Children!
Description: Blonde, red or brown hair, fair skin, innocent, inquisitive, intelligent, trusting personality. Ultraliberal politicians and minority special interest groups have abducted her future. There will be no future for her in the Multicultural Canada that our government has planned. Lets take back our country and make it great, clean, decent and beautiful again for our children's sake. The Men and Women of BC White Pride want you to join in this great and patriotic effort.
Join BC White Pride Today!
Help us make this country a better place for White families.
www.bcwhitepride.com
[37] The second flyer contains a photo of a white mother with three white children. The title at the top of the page states BC WHITE PRIDE. A caption around the photo reads, We must secure the existence of our people and a future for white children. At the bottom of the flyer, appears the following text:
Don't you think our heritage and way of life are worth preserving?
Join BC White Pride Today!
Help us make this country a better place for White families
www.bcwhitepride.com
[38] In the left and right margins of the flyer, one can view eight short messages. Only a portion of these messages is visible on the printout that was entered into evidence. One of the messages appears to say, White birthrates are well below replacement level, while non-white birthrates are at an all time high. Another states, At the turn of the next century, most White countries will have a White minority, while another says, Our media is virtually controlled by a small group of people that do not have the best interests of the White population in mind.
V. ANALYSIS A. Is the material likely to expose members of the targeted groups to hatred or contempt by reason of the fact that the person or persons are identifiable on the basis of a prohibited ground of discrimination, within the meaning of s. 13(1)? [39] In Nealy v. Johnston (1989), 10 C.H.R.R. D/6450, the Canadian Human Rights Tribunal found that the term hatred involves feelings of extreme ill will towards another person or group of persons. To say that one hates another means that one finds no redeeming qualities in the latter. The Tribunal added that contempt suggests looking down upon or treating as inferior the objects of one's feelings. The two terms are not necessarily co-extensive. In some instances, hatred may be the result of envy of superior qualities such as intelligence, wealth and power, which contempt, by definition, cannot be.
[40] The Nealy Tribunal went on to say that the use of the word likely in s. 13(1) means that it is not necessary to prove that the effect of the communication will be that those who hear the messages will direct hatred or contempt against others. Nor is it necessary to show that, in fact, anyone was so victimized.
[41] These findings were later endorsed by the Supreme Court of Canada in Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.C. 892. The Court added that the terms hatred or contempt in s. 13(1) refer to unusually strong and deep-felt emotions of detestation, calumny and vilification.
[42] I find that the articles posted on the bcwhitepride.com and bcwhitepride.org websites contain matter that is likely to expose members of the targeted groups to hatred or contempt, within the meaning of s. 13(1), as interpreted in the jurisprudence.
[43] The material purports to represent the views of those who are championing the cause of the proud men and women who have come together to combat the premeditated decline of people of European descent. But in advancing these views, non-Whites and the disabled are treated as persons whose value and contributions to society is less than white peoples'. Jews, meanwhile, are represented as a powerful menace to society, responsible for many of its evils. In short, anyone other than the we whose interests the website purports to defend is treated with extreme hatred or contempt.
(i) How does the material expose non-white persons to hatred or contempt? [44] As the Commission persuasively argued at the hearing, the comments that expose non-Whites to hatred or contempt within the material were both specific and generalized. It is specifically asserted in the Racial Health article that Blacks have a significantly lower level of intelligence than Whites or Asians and that this contributes to the over-representation of Blacks with respect to social pathologies of poor educational attainment, single motherhood, crime, etc. Blacks are referred to as the cognitive underclass. These statements look down upon Blacks and treat them as inferior. Furthermore, the comments link Blacks' supposed lack of intelligence with social pathologies like crime. As the Tribunal in Warman v. Kouba, 2006 CHRT 50 (Kouba), noted at paragraphs 45-6, blaming current societal problems on a targeted group is a hallmark of hate messages.
[45] In a more general way, Whites are presented as superior to, and more valuable than, other races. Thus, abortion of white foetuses is viewed as undesirable whereas it is acceptable with respect to others. Non-white foetuses are said to have a negative aggregate genetic impact on our society and therefore efforts should be made to encourage their abortion. This assessment strongly suggests that the lives of black persons are essentially valueless and thereby treats them with extreme contempt.
[46] This matter of the inferiority of non-Whites is reiterated in the material's repeated references to immigration in Canada. Non-Whites are portrayed as undesirables whose entry into the country is a calamity that must be restricted. The Immigration article reminisces fondly back to an era in Canada when Asian immigrants were treated as second-class and when there were calls to fight for the white man's land to free it from the Oriental grasp and greed. This theme of a racial fight or war against the onslaught of non-Whites is reinforced with allusions to white people being under siege, fearful for the extinction of Europeans. Those who encourage the progress of non-white immigrants within Canadian society are criticized. Those who associate closely with non-white immigrants are vilified and called race traitors. Statements calling for the once proud people to rise up and, as the flyer entitled Missing asserts, take back our country, resemble a call to arms. As the Tribunal in Kouba, supra, noted, at paragraphs 76-7, appeals for violent action to be taken against a targeted group is another hallmark of hate messages.
[47] The message in the Missing flyer is that a society that is accepting of multiculturalism ceases to be great, clean, decent and beautiful, and becomes a society in which the future of white children is threatened. This preoccupation with the future of white children reinforces the notion that the presence of non-Whites puts the well-being of white children in jeopardy. The suggestion being conveyed is that Whites should develop deep-felt emotions of detestation to those who will supposedly undermine and attack the well-being of white Children, i.e. non-Whites. The portrayal of a targeted group as preying upon children or other vulnerable persons has been identified in s. 13 related jurisprudence as another telltale sign of hate messages (see Kouba, supra at paras. 40-1).
(ii) How does the material expose Jews to hatred or contempt? [48] The Tribunal in Kouba, supra, at paras. 24-5, pointed out that one of the hallmarks of hate messages, as developed in the growing body of s. 13 jurisprudence, is the portrayal of a targeted group as a powerful menace that is taking control of society's major institutions and depriving others of their livelihoods, safety, freedom of speech and general well-being. This is precisely the way that Jews are presented throughout the website.
[49] The Jews article, for instance, argues that Jews use their vast power and their unchallenged control of almost every walk of life to manipulate and control White nations, as a result of which White identity and nationalism is being destroyed. There are numerous references to the purported Jewish control of mass media throughout the material, including the use of fabricated words like Jewsmedia and Jewspaper. To permit Jews to hold such power over us, states the Media article, is tantamount to race suicide. Jews are thus portrayed as a real and dangerous threat to Whites. What is particularly disconcerting is that the material appears to call for concrete, or even violent action, to overthrow this insipid power and destroy this loathsome beast, which is eroding at the very foundations of our race and will destroy us from within.
[50] These statements clearly impart unusually strong emotions of detestation and vilification towards Jews. They create conditions in which hatred and contempt toward Jewish people can flourish by encouraging the public to resent Jews for being manipulative and menacing to the interests of others, and generally for failing to possess any redeeming qualities (see Smith v. Western Guard Party, 1979 CanLII 1 (C.H.R.T.); Citron v. Zundel (2002), 41 CHRR D/27 at paras. 139-40).
[51] One also finds in the impugned material the use of ostensibly true stories and facts, such as those allegedly linking Jews with the development of objectionable activities like usury and communism, in order to make negative generalizations, a practice which has been found likely to expose members of the targeted group to hatred or contempt (see Kouba, supra, at paras. 30-2).
[52] In addition, contempt towards Jews is demonstrated in the dehumanizing manner with which their persecution is portrayed. Jews are presented as having brought anti-Semitism upon themselves. The victims are effectively blamed for the discrimination that they have experienced and in so doing, the effect of the discrimination is downplayed. It has been held that the trivialization of past persecution or tragedy creates a climate of derision and contempt that is likely to expose members of the targeted group to these emotions (see Kouba, supra, at paras. 72-5).
(iii) How does the material expose the disabled to hatred or contempt? [53] The material found in the Euthanasia and Race article unquestionably exposes disabled people to hatred or contempt. To begin with, people with severe mental or physical disabilities are treated with extreme contempt through the use of highly inflammatory and derogatory language, which portrays them as greatly inferior to the cognitive elite (see Kouba, supra, at para. 67). They are branded as parasites, incognizant primates, genetic throwbacks, genetically inferior, and lesser beasts that must be culled from the herd.
[54] The article takes the position that the severely disabled and brain damaged are not net contributors to society, but rather a tragic drain on their families and societies. Criticism is laid on abortion laws that allow for healthy productive White foetuses to be aborted while it remains a crime to kill a severely retarded or brain damaged person that needs constant care for the duration of his or her pointless life. The obvious message underlying these remarks is that disabled persons are less worthy than able White persons and are therefore not entitled to the same basic rights, including the right to live. The disabled, by their very existence, are presented as harming the rest of society, a parasitic drain. It is hard to imagine any comments being more likely to expose disabled persons to hatred or contempt.
(iv) Conclusion: The material is likely to expose the targeted groups to hatred or contempt [55] In sum, therefore, I find that there is matter found on the bcwhitepride.com and bcwhitepride.org websites that is likely to expose persons identifiable on the basis of a prohibited ground of discrimination (namely race, colour, religion, national or ethnic origin and disability) to hatred or contempt.
B. Were the communications made repeatedly, within the meaning of s. 13 of the Act? [56] The Tribunal has held in the past that material communicated via the Internet is by that medium's innate characteristics alone, a repeated communication, particularly where no obstacles are put in place that would prevent anyone connected to the Internet from surfing his or her way to a website and viewing the material (see Warman v. Beaumont, 2007 CHRT 49 at paras. 51-7; Warman v. Harrison 2006 CHRT 30 at para. 44; Warman v. Kulbashian, 2006 CHRT 11 at para. 62; Warman v. Tremaine, 2007 CHRT 2 at paras. 116-9). Mr. Niemi testified that he was able to view the material just by typing in the Internet addresses of the websites. Clicking on the links found on the website enabled him to view the various articles comprising the impugned material.
[57] I therefore find that the material was communicated repeatedly.
C. Who communicated the impugned messages? (i) Did John Beck communicate the impugned messages? [58] Websites are identified by domain names (eg. bcwhitepride.org) that are registered with a domain name registration service (see Kulbashian, supra at para. 66). Information regarding the identity of these registrants is publicly available on the Internet through websites like whois.net. The registrant for bcwhitepride.com, as of August 2004, was NOLDC Inc., with an address in New Orleans, Louisiana. No name of an individual appears in the information provided. With respect to bcwhitepride.org, its registrant as of May 2005 was Domains by Proxy Inc. with an address in Scottsdale, Arizona.
[59] Evidence was introduced regarding whois searches, during the hearing on the preliminary motion. The parties asked me to review the transcripts from this hearing and take the evidence led into consideration during my deliberations on the merits of the complaint. There was testimony at the preliminary hearing regarding the ease with which a registrant may submit false information with respect to names and addresses when registering a website.
[60] Accordingly, the Commission contends that the registration information regarding bcwhitepride.com and bcwhitepride.org is misleading and that Mr. Beck is in fact the person who actually communicated the impugned messages via the Internet, on those websites. In order to establish this link between Mr. Beck and the messages, the Commission produced a series of emails that were exchanged in March 2004, between an individual named Shane Martinez and someone who was using [email protected] as an email address. Mr. Martinez was called by the Commission as a wit