SLAPP Suit :

A Strategic Lawsuit Against Public Participation ("SLAPP") was originally defined as a lawsuit involving communications made to influence a governmental action or outcome, which resulted in a civil complaint or counterclaim filed against nongovernment individuals or organizations on a substantive issue of some public interest or social significance.^[1] It has been defined more broadly by some to include suits arising from speech in connection with a public issue.^[2] This form of litigation is frequently filed by organizations or individuals to intimidate and silence critics or opponents by burdening them with the cost of a legal defense so that they abandon their criticism or opposition...

emphasis mine

From the latest Statement Of Claim (pdf):

The Libel

 

9.  In furtherance of their desire to destroy the reputations of the plaintiffs, on February 23, 2008 the defendants wrote and published the following words at Freedominion.ca (the "post")

 

 Warman/Kinsella - Keeping the Nazi hordes at bay
"The Nazis are coming! The Nazis are coming!"


From planting hateful screeds on the internet to photographing bathrooms stalls at knee-height, there is no place where stawart Nazi hunters like Richard Warman and Warren Kinsella fear to tread. How can anyone reasonably complain about the fact that people like these are using our tax dollars to sell off our most essential freedoms when there are Nazis hiding behind every Canadian maple tree?

Yet the only Nazi-like behaviour I have ever witnessed in Canada has come from people like Richard Warman and Warren Kinsella. To the best of my knowledge, I have never met an actual Nazi. Although there are many Canadians who adhere to the Soviet version of socialism, I have yet to encounter a single one who has tried to convince me of the merits of National Socialism.

So where are all these Nazis?

According to Warren Kinsella's intrepid knee-height photography in public men's room toilet stalls, there is at least one of them on the loose. The camera never lies, right?

 

10.  The Post is defamatory of the plaintiffs in it's entirety and was falsely and maliciously published and circulated concerning Mr. Warman and Mr. Kinsella.

 

11.  The Post in it's natural and ordinary meaning and.or by way of it's innuendo was falsely and maliciously published and was meant and understood to mean that the plaintiffs manufacture evidence of hate crimes, are Nazis and that they incite hate.

 

12.  The plaintiffs rely on the entirety of the Post, including its context and tone in support of their claim.  The plaintiffs further plead that the Post was understood to refer to and was capable of referring to each of them.  When the defendants published the Post they were reckless as to whether the words complained of and the innuendoes contained therein were true or false.

emphasis mine

If the plaintiffs are relying on the entirety of the post, the post should be quoted in it's entirety no?

Warman/Kinsella - Keeping the Nazi hordes at bay
"The Nazis are coming! The Nazis are coming!"

From planting hateful screeds on the internet to photographing bathrooms stalls at knee-height, there is no place where stawart Nazi hunters like Richard Warman and Warren Kinsella fear to tread. How can anyone reasonably complain about the fact that people like these are using our tax dollars to sell off our most essential freedoms when there are Nazis hiding behind every Canadian maple tree?

Yet the only Nazi-like behaviour I have ever witnessed in Canada has come from people like Richard Warman and Warren Kinsella. To the best of my knowledge, I have never met an actual Nazi. Although there are many Canadians who adhere to the Soviet version of socialism, I have yet to encounter a single one who has tried to convince me of the merits of National Socialism.

So where are all these Nazis?

According to Warren Kinsella's intrepid knee-height photography in public men's room toilet stalls, there is at least one of them on the loose. The camera never lies, right?



And where there is one there must be others. (Well, that doesn't necessarily follow, but we're dealing with fearless Canadian Nazi-hunters so we have to try to think like them.)

Richard Warman and Warren Kinsella will be quick to name another one. Richard Warman says Marc Lemire is a Nazi and Warren Kinsella has named Lemire as "Canada's most widely read Nazi."

"Marc Lemire, are you now, or have you ever been, a member of the National Socialists Party?"

The correct answer to this question is, "No." There is absolutely no evidence anywhere that Marc Lemire is a Nazi. None. Zero. Nada. In the Canadian human rights complaint Richard Warman has filed against Marc Lemire there is not one word attributed to Marc Lemire himself. Richard Warman and his previous masters at the CHRC, always busy as Canadian beavers, have not been able to dig up one piece of dirt that Lemire is a Nazi. And you can bet it wasn't from lack of trying.

The libellous accusation that Marc Lemire is a Nazi was created from whole cloth by Richard Warman and spread by people like Warren Kinsella. Just as they have libelled Bernard Klatt with the same label.

But let's put that aside for the moment, let's pretend this product of their fevered imaginations is true and that Marc Lemire really has a full Nazi uniform and that he puts it on and lurks behind trees in public parks with a swastika-emblazoned membership booklet and pen in his pocket. Let's also pretend that Warren Kinsella is right in his assertion that Lemire is (or was) the most widely read Nazi in Canada. Where does that leave us?

It leaves us with a guy running a website in 2003 where he wrote nothing that could be remotely construed as Naziism, a website that was at best getting three visits a day. Three visits! If the most widely read Nazi writer in Canada could only garner three visits a day to his website, the rest of the teeming mass of Nazi writers must really be hurting. Come to think of it, it is likely that more than three people a day visited Warren Kinsella's favourite bathroom stall. Wouldn't that make the author of his favourite graffito the most widely read Nazi writer in Canada?

I contend that the reason Nazi writers, if they even exist outside of the imaginations of the self-annointed few, have no market for their ideas in Canada. If such a market existed we would see pro-Nazi websites all over the internet and they would be high-traffic sites. Warman and Kinsella have been fighting an enemy who was vanquished over 60 years ago, and they are willing to sell off every freedom that Canadians hold dear to achieve their goal.

There is only one way to stop people like this. Take away the legislation that allows them to operate and to punish people who haven't broken the law. Take away the institutional protections that allow them to do things that should never happen in a free society. Take away their illegitimate weapons and they will be left with only the sterility of their political beliefs.

Then let normal Canadians deal with them, as we are doing today in the marketplace of ideas.

Why did they leave the last 1/2 out of their statement of claim?  One can only guess.  Did the post author accuse Warman and Kinsella of "manufacturing evidence of hate crimes"?  Possibly, this quote is the only thing that comes close:

The libellous accusation that Marc Lemire is a Nazi was created from whole cloth by Richard Warman and spread by people like Warren Kinsella.

Given Warman's own admission though, that he logged-on to web forums onder a pseudonym and posted offensive comments , the above quote could be entirely accurate.  Did the author of the post say that Warman and Kinsella are Nazis?  Nope.  What the author said is that Warman and Kinsella exhibit nazi-like behavior.  That's a fair comment given their egarness to use the cohersive powers of the state to stifle speech that they don't like.  To quote Kinsella himself :

Firstly, let me say that I am a censor. I believe there are reasonable and proper limits on human expression.

Secondly, I believe that words and images have power. Words and images have the power to wound and hurt and, sometimes, persuade people to kill.

Thirdly, I believe that we are entitled, as a society, to sanction (civilly or criminally) those who use words and images to deliberately or recklessly inflict harm on others - as with laws relating to the propagation of hate, or laws prohibiting child pornography, or defamation codes, or laws designed to sanction pornography that promotes violence against women and children.

And, yes: I believe we are entitled as society to place reasonable limits on the expression of actual hatred towards religious faiths. I believe that words and images that expose the tenets of a person's faith to hatred should be condemned and, where appropriate, punished. Expressing hatred about someone else's spiritual beliefs is not free speech. It is hatred, and it is almost always calculated to cause pain and hurt. 

emphasis mine

He calls himself a censor.  He states that those who express negative opinions about others should be punished.  That, boys and girls, is nazi-like behavior.  Did the post anywhere state that Warman and Kinsella incite others to hate?  Not at all.

Conclusion:  Warman and Kinsella don't like being exposed for the vermin they are and they're sending out a flurry of SLAPP suits in an attempt to silence their opponents.

Comments (3)

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written by Merle, April 14, 2008

SLAPP is indeed bad and its even worse when people who defend free speech in Canada do it.

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written by Merle, April 14, 2008

Firstly, let me say that I am a censor. I believe there are reasonable and proper limits on human expression.

Thirdly, I believe that we are entitled, as a society, to sanction (civilly or criminally) those who use words and images to deliberately or recklessly inflict harm on others.

So you would simply rather that a state court enforce these rules than a HRC. I dont see any difference in the end as people can take advantage of the court system and use it to stiffle a persons legitimate criticism of another. I am not talking about wilfull hate or supporting genocide or such, but simple criticism.

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written by USpace, April 16, 2008

.
IMHO is Warman is acting like a certified fascist? Canada is now a fascist country? I bet American, European and Australian bloggers can mock Warman right into a straight jacket. Everyone in Canada must hear about this Warman and the HRC injustice!

This fellow in the HRC, Richard Warman, sounds like a totally wonderful human being who doesn’t have a huge chip on his shoulder or one evil bone in his whole fair-minded body.

He doesn’t at all sound like a sick and demented bastard who is angry
and bitter because he got his butt massively kicked in those elections years ago.
.
absurd thought -
God of the Universe likes
human rights commissions

that violate human rights
while claiming to protect them

.
absurd thought -
God of the Universe hates
real freedom of speech

an American concept
which is NOT for Canada

.
Why Does Canada Allow This?

All real freedom starts with freedom of speech.
If there is no freedom of speech, then there can be no real freedom.

http://www.richardwarman.com/

http://haltterrorism.com


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