John Baglow vs Connie Fournier, Mark Fournier and Roger Smith: the ‘FULL TRIAL’, day 7, part 2

Day 1 part 1 and part 2 , Day 2Day 3 and Day 4 part 1 and part 2 of this trial were covered in March, 2014 (write-ups by me at links).

Day 5 will be written up later, as writing it up may affect the trial…

Day 6 is here.

Day 7 part 1 is here – sorry about having had to chop this up into short little bits, it seems my original write up was too long for WordPress to format correctly.

We re-join the action as Mr. Frankel, ‘the CCLA guy’ is cross examining Dr. Baglow.

Much of the next bit of cross examination was designed to demonstrate to the judge just how internet forums worked.  The post ‘Yokels with pitchforks’ was used as an example…

In is my strong impression that Dr. Baglow feels really, really badly about having used this phrase.  Not because it insults right-wingers, but because as an avowed blue-collar people defender he is supposed to be protective of our agricultural workers (I do believe this was the turn of phrase he used) and using the negative stereotype of the rural farmers as a smear against his ideological enemies comes dangerously close to lifting the proverbial curtain and revealing the champagne socialist behind it…

It is also my strong impression that Mr. Frankel noticed Dr. Baglow’s discomfort with having so bared his prejudices against our rural neighbours and agricultural workers and that this is precisely why he selected the ‘Yokels with pitchforks’ post as an example.

It is also my strong impression that Dr. Baglow understood perfectly well that Mr. Frankel saw through him and that that is why he elected to use this post as an example of ‘nesting’, as he (Dr. Baglow, that is) flushed and chuckled to try to hide his discomfort.

As I said before – look out for Mr. Frankel, he WILL become a superstar of our legal system!

This is the atmosphere in which Mr. Frankel’s cross examination of Dr. Baglow took place.

Aside:

When Ms. Kulaszka cross examined him, D. Baglow was relaxed and calm.

When Connie Fournier examined him, he assumed a patronizing drawl, an air of impatient indulgence towards a particularly dense student as he alternately said he was baffled by the facts that things he had testified could not have happened had actually happened, explained his technical arrogance ignorance and, for a man in his prime , he certainly experienced a lot of memory lapses.  But, he kept his cool.

When under cross by Mr. Frankel, Dr. Baglow’s cheeks were flushed, he looked down a lot of the time and he seemed very uncomfortable in his seat.

Other blogs and bloggers were raised.  Two that came up a lot were Kathy Shaidle, the Canadian poetess and the grande dame of Canadian blogosphere, for whom Dr. Baglow had visceral contempt (which I found surprising, as she is an acclaimed poetess and Dr. Baglow has his doctorate in poetry – I would have thought there might  have been room for some common ground there) and Kate McMillan of Small Dead Animals (SDA).

Disclosure:  when I first started blogging, it was Kathy Shaidle who reached out to me, even though we are not of the same ideological bend, welcomed me to the blogosphere and encouraged me to blog…as well as introduced me to several other bloggers.  It seemed to me that she did not care about my ideology but thought that the more varied opinions on the Canadian blogosphere there are, the better for everyone.  For her kindness and encouragement, I will always be grateful to her.

As for SDA – I am aware of the blog but, as I am not a fan of the format, I am really not aware of what goes on there.  I just don’t have the time to follow more than a handful of blogs myself.  Yet, after what I’ve heard of Kate McMillan in court, I just might stop by there and check SDA out!

It seemed that the very mention of Kathy Shaidle unsettled Dr. Baglow so much, the judge requested that Mr. Frankel go with the Kate McMillan example – which, with a satisfied smile (I saw that as he turned away from the judge and witness to permit himself that brief smile) he was happy to do. I suspect he wanted to go there all along….as that is where some rather unpleasant ‘stuff’ about Dr. Baglow came out.

A few years ago, Dr. Baglow’s partner suffered an illness, from which she eventually died.  Dr. Baglow was her support, her rock – and was understandably devastated by the loss of the partner he loved.  He has my deepest sympathies for his suffering and loss, which I am certain he still feels every day.

One of the people who expressed empathy to Dr. Baglow and his partner as they were undergoing these trying times was Kate McMillan of SDA.

Mr. Frankel established, through Dr. Baglow’s statements, that Kate McMillan had put aside all partisanship and supported Dr. Baglow on a human level when he needed it most.  For his part Dr. Baglow said he was grateful to her – and looked quite somber and sad as he seemed to know where the questioning was heading… It seems that even though she supported him in his hour of need –  human to human – Dr. Baglow had no difficulty in objectifying her as an ideological enemy, with no regard for her humanity, and calling her some truly vicious, unpleasant things.

Dr. Baglow explained that this was because they had had a ‘falling out’…

Sad, so sad…

And I suspect this was not lost on Madam Justice Polowin…

More installments coming soon!

John Stossel – Offensive Speech (with Ezra Levant)

 

Zero Tolerance: Introducing Sara Jamieson and the ‘PC’ Express

Part of ‘The This Is Not Reality Show’:

I hope Sara will make regular appearances – I hear she is becoming worried about all the ‘bad’ books, still on the library shelves, next.

 

‘THE NICIES’: NO, NO, NO Islamophobia. Meditation. Staying Positive.

I hope that ‘The Nicies’ will have more episodes to come on the ‘This is Not Reality Show’

 

Ezra Levant: gets a Free Speech award on the weekend, goes to court on Monday to defend himself for exercising it!

In Ezra’s own words:

And in his own words from an email his supporters receive:

Dear [name redacted],
 
After two delays, my week-long free speech trial finally starts tomorrow in Toronto. You were kind enough to contribute to my legal defence fund. Thanks to you, I feel like I’m well equipped with an excellent lawyer. I appreciate that.
 
You may remember that the person suing me is Khurrum Awan. He’s the former youth leader of the Canadian Islamic Congress, the same guy who went after Mark Steyn at the B.C. Human Rights Tribunal. In fact, he’s suing me for my critical comments about him at Steyn’s trial.
 
So this is the next battle in that same war.
 
The trial is expected to go till Friday. If you’re in the Toronto area this week, I’d love it if you could stop by the court house – seventh floor, 393 University Avenue. I hear Mark Steyn might even be there himself!
 
I wanted to tell your contribution didn’t just help me financially, it’s an enormous morale boost, too. To know that so many Canadians care about freedom of speech, and want me to stand up to these bullies, gives me great confidence.
 
The whole point of Islamic lawfare is to exhaust their target”. In fact, even though Mark Steyn technically “won” his case in B.C., Awan still boasted afterwards that “we attained our strategic objective — to increase the cost of publishing anti-Islamic material.”
 
He admits that lawfare is his official strategy. So I’m so glad you’ve helped cover my costs.
 
Since this lawsuit deals with events that happened before I joined the Sun News Network, the Sun’s lawyers aren’t helping me. I’m on my own – but you’ve made sure I’m not alone. 
 
If you can’t come to the court house, you can still keep up with the trial on my website, www.StandWithEzra.ca. We’ll give you a brief daily update and post links to any press coverage.
 
Thanks again for your help. And if you know anyone else who might want to join our fight for freedom please ask them to visit www.StandWithEzra.ca too.
 
Yours gratefully,
 
Ezra Levant
 
P.S. Thanks again. Now let’s go win this thing!

EU court rules linking does not infringe copyright

While most of us would, I hope, consider this common sense, it is nonetheless nice to have the EU courts confirm it.

This is important because the EU has some of the strongest copyright protection laws, which give authors a great deal of control over their published work.

‘The court had to consider whether by providing links Retriever Sverige had taken part in an “act of communication to the public”. Under EU copyright law, authors have the exclusive right to authorise or prohibit any communication to the public of their works.

The court ruled that the law had not been broken because the articles in question were on Goteborgs-Posten’s website and therefore already “freely available”.

In a statement it said: “The owner of a website may, without the authorisation of the copyright holders, redirect internet users, via hyperlinks, to protected works available on a freely accessible basis on another site.” ‘

 

A link that would take you behind a pay-wall, that is a different thing…

However, this ruling parallels the victory Connie and Mark Fournier of  the now censored Free Dominion had won in Canada’s federal court over Richard Warman, who claimed they had infringed his copyright by linking to an image on his own website.  In this particular case, the judge ruled that Warman had complete editorial control over his image and that linking to it, even should a thumbnail be displayed, did not constitute re-publishing it without permission.

Ezra Levant & David Harris – Sugar-coating Islamic terrorism

This is quite distressing.

We have seen the purging of essential information from police and military training manuals in the US, but at least up here, in Canada, we have a Prime Minister who is not afraid to say out loud that the greatest threat to Canada’s security is Islamic terrorism.

Yet, we are seeing this same linguistic purging going on in CSIS?!?!?

This is not good, not good at all.

When political correctness trumps public safety, we are all …….’d!

Having said this, I am not surprised.

Over the years, I have interacted with a large number of high level civil servants – and not only do I speak their language, I am very, very familiar with their thought patterns and behaviours.  For example, when Stephen Harper’s Conservative government was firs elected, I heard conversations among the highest echelons of the civil service on how best to circumvent the government’s will, how to intentionally introduce flaws into programs they are ordered by the government to implement so as to make the elected officials look foolish, and so on.  (The mandarins did not know I was not on their team….)

Which is why, whenever someone raises the issue of term limits of elected officials, I suggest that we create term limits for how long an individual may serve in the civil service, regardless of the level.  After all, inexperienced elected officials and VERY experienced apartchicks does not a good governance structure make!

I would recommend capping any individual’s term limit to work for ANY level of the civil service at no more than 12 years…

But, I digress…

This year, for Christmas, I bought my kids each a copy of Sun Tzu’s ‘The Art of War’.

One of the first lessons it teaches is that if you cannot name/define the enemy, you have already lost.

Keep that in mind as you watch this video, which shows that increasingly, our security forces are not permitted to name/define the enemy.

Sad, so sad…

 

 

Lifetime gag order kills Free Dominion

Sad, but true.

This message has replaced Canada oldest right-leaning online political discussion forum:

As of today, January 23, 2014, and after 13 years online, Free Dominion is closing its doors to the public. We have been successfully censored.

Today, Ontario Superior Court Justice Robert Smith issued an order in the Richard Warman vs Mark and Connie Fournier and John Does defamation case heard September, 2013. In addition to ordering that we must pay Warman $127,000, Justice Smith issued an injunction against us ordering we that never publish, or allow to be published, anything negative about Richard Warman. This means we are barred for life from ever operating a public forum or a blog (even about cookie recipes) where the public can comment. If we do so, any one of Warman’s handful of supporters could, and probably would, use a common proxy server to avoid being traced, plant a negative comment about Warman on our site, and we would both be charged with contempt of court. If that happened –unlike in the Ottawa courtroom where we were blocked at every turn from presenting a defense– we actually would have no defense. We would both go to jail. This life sentence was imposed for our terrible crimes of voicing our honestly held beliefs and allowing others to do the same. Defamation law, in its current state, is entirely inadequate and counterproductive when applied to the internet. Now it is being used as a tool of censorship. Effectively!

We are assessing our options.

In faith,
Mark and Connie Fournier

“If it takes force to impose your ideas on your fellow man, there is something wrong with your ideas. If you are willing to use force to impose your ideas on your fellow man, there is something wrong with you.” – Mark Fournier

 

Words we must speak daily – if we dare

Here is a list of 40 words (along with their definitions) that every free-speech lover ought to say out loud, at least once, while we still can:

Akhirat:  The Islamic concept of the ‘afterlife’.

Al Qran:  Literally ‘the recitation’, it is the central book of Islamic teachings.  Muslims believe that these ‘revelations’ were made to their prophet Mohammed by the arch-angel Gabriel regarding the will of the Islamic god named Allah and are the literal word of God.  These ‘recitations’ were not written down during the lifetime of Mohammed but only collected when it became apparent that Mohammed’s closest companions were dying out and so it became important for Muslims to preserve his teachings in a written form.  It was compiled by the Caliph Abu Bakr, who ordered the Muslims who remembered Mohammad’s recitations to have them written down and sent to him.  These he then organized into chapters which make up the Koran/Qu’ran/AlQran by the length of the chapters.  This means that the sequence in which these chapters were dictated has not been preserved, which creates the problem regarding the Islamic principle of ‘abrogation’ which states that if two verses of the Koran/Qu’ran/AlQran are in conflict, the one that was revealed to Mohammad later is the valid one, as it abrogates the earlier revelation.

Allah: ‘The God’ in Arabic.  At one point, Mohammed taught that Allah had three divine daughters, but later altered that teaching, making Islam monotheistic.

As Sunnah:  Literally translates as ‘common practice’, in the Islamic context, it means the ‘righteous path’ of following proper Islamic customs.

Auliya:  friend, helper, protector, patron or patron saint.

Azan/Adhan:  Islamic call to prayer

Baitullah:  Literally ‘house of god’ and may refer either to any mosque or to the main mosque in Mecca which houses the Kaaba, the box which houses a black meteorite, which the Muslims worship, and to which they are supposed to make a pilgrimage at least once in their lifetime (haj).  Prior to Islam, Mohammed’s grandfather made his living from people making a pilgrimage to the Kaaba.

Dakwah/Dawah/Da’wah:  Literally means ‘issuing a summons’ or ‘inviting’, in Islamic context, it means proselytizing Islam.  It is unlawful for a Muslim to kill a non-Muslim without having first invited them to join Islam.  Some Islamic leaders have criticized Osama bin Laden for the 9/11 attacks because he had failed to issue a Dawah to all the American citizens 1 year before the terrorist attack.  Numerous Islamic scholars have since corrected this oversight and issued a Dawah to all Westerners.  If we fail to heed this call to convert to Islam, killing us is not considered to be ‘murder’ under Islamic law (Sharia).

Fatwa:  a legal judgment pronounced by an Islamic scholar.  These legal judgments make up Islamic jurisprudence and ought to be followed by pious Muslims.  There have been some interesting fatwas issued over the time.  For example, the Penang Mufti Hassan Ahmad had issued a fatwa that prohibits non-Muslims from ever using (speech, writing, publishing or in electronic form) the very 40 words being defined in this humble post.  This is legally binding in Malaysia.  However, if someone reading these words in Malaysia realizes they were published by a non-Muslim, they may make a legal complaint, a warrant may be issued and Interpol will act upon it to deliver the culprits to the land where the warrant  was issued.  So, enjoy while you still may!  Another recently issued fatwa prohibits women from sitting in chairs, because if they moved just the wrong way, they may become sexually aroused.

Firman Allah:  As I could not find this exact phrase translated into English, the closes I can make it out to be is ‘that which Allah has made permitted’.  Granted, I did just a quick Google search, as I’m trying to define quite a few terms here, but this seems to fit in with Islamic sayings rather well and captures the spirit of the phrase.  Corrections would be appreciated.

Hadith:  literally ‘tradition’, this refers to the habits and sayings of the Islamic prophet Mohammed.

Haji:  Someone who had completed the haj and traveled to Mecca to see the Kaaba.  As non-Muslims are not permitted to enter Mecca, only a Muslim may be a Haji/Hajji/Hadji.  A Muslim who has completed the haj may add this honorific to his name.

Hajjah:  Not sure of this one, but I suspect it means a female Hajji.

Ibadah:  Literally ‘obedience with submission’, the term is derived from practice of slavery.  In the Islamic context, it means worship of Allah.

Illahi:  I suspect this is an alternate spelling of ‘Elahi‘, meaning ‘my god’ or ‘my awesome one’.

Imam:  An Islamic leadership position, usually denoting an Islamic cleric.

Iman:  Iman is a really, really hot model.  However, I doubt that is whom the good Mufti meant in his fatwa.  Rather, I suspect he was referring to the Muslim believer’s faith in the metaphysical aspects of Islamic teachings.

Kaabah:  literally ‘the cube’, in Islamic context, it is a black cube that Muslims have been praying to since a little over 200 years past Mohammed’s death.  All modern mosques face the Kaabah, which is located in Mecca, Saudi Arabia.  (For the first few centuries following the death of Mohammed, all mosques faced the ancient city of Petra, as archaeological findings have demonstrated.)

Karamah:  a divine miracle (and not a conjuring trick type magic, that the other religions have)

Khutbah:  public preaching, refers to the sermons delivered during formal prayers.

Masjid:  a mosque, defined by Mohammed as a place of worship as well as a community centre, barracks for soldiers and materiel storage depot.

Mubaligh: a missionary (just follow the link and click on English for translation), one who is practicing dawah.

Mufti: an Islamic scholar from the Sunni branch of Islam

Musolla/Mushola:  Islamic prayer room

Nabi:  Prophets of Islam.  Most, but not all, Muslims believe that Mohammed was the last prophet.

Qadhi:  I suspect this term denotes Sharia courts.

Qiblat:  The direction in which Muslims should pray.  According to tradition, Mohammed is first ordered Muslims to pray in the direction of Jerusalem and to have later changed this to be towards Mecca and the Kaaba.  However, the earliest mosques (from the first 200+ years following the death of Muhammad) are pointing to Petra, not Mecca, indicting that the Kibla may have changed more than once.

Rasul:  prophet or apostle

Sheikh:  an honorific that means ‘elder’ and denotes the front man of a tribe.

Soleh:  This word is not Arabic in origin, but Indonesian and means ‘religious’.  Thus, according to this fatwa, if you are not a Muslim you may not call yourself ‘religious’.

Surau:  another word for ‘mosque’

Syahadah/Shahada:  a ritual Islamic prayer which is also used as an affirmation that one is a Muslim.  It translates into English roughly as:  ‘There is no god but Allah and Mohammed is his prophet.’

Syariah:  Malaysia is one of the countries with a secular legal system for non-Muslims and Sharia law for Muslims living in the country.  Syariah is Malaysia’s Sharia adherent legal system which applies to its Muslim residents.

Tabligh:  ‘propagation’ of Islam by ‘spreading awareness’ of the teachings of Mohammed.

Taqwa:  While this definition varies somewhat between sects, the meaning ranges from ‘god-consciousness’ to piousness, love/fear of Allah, self restraint and so on.

Ulama/Ulema/Uluma:  In the stricter sense of the word, it refers to the upper echelon of Islamic scholars trained in the whole field of Islamic law, but it is often applied to any senior Muslim cleric.  Especially in rural areas, the cleric’s scholarship is not a significant issue.

Wahyu:  This word is of Indonesian origin.  From English-language version of this link:  ‘In religion and theologyrevelation is the revealing or disclosing of some form of truth or knowledge through communication with a deity or other supernatural entity or entities.’

Wali:  Guardian – with all that it implies:  being responsible for someone, managing their material wealth as well as having the right to enter into legal agreements on their behalf.  This is an important concept in Islam.  A father is the wali to all his minor male children and all his female children until the daughters are married, at which point the guardianship of the woman in question is transferred to her father.  If there is no father, then the closest male blood relative takes on the role of a wali for any minor males and any females.  As the wali manages their wards property and is the only one permitted to enter into legal contracts on their behalf, it means that an Islamic marriage contract is between the groom and the bride’s wali, with the bride having no legal standing in the matter.  Thus, a petition for divorce in a Sharia court may need to be filed by the wife’s male relatives, as she has no legal standing in the marriage contract.  It also means that under Sharia, the highest legal status a woman can achieve is that of a minor.

Zakat Fitrah:  At the end of Ramadan, during which Muslims fast from sun-up to sun-down, there is a celebratory feast.  While ‘zakat’ means taxes (a portion of which must go towards jihad), zakat fitrah is the specific obligatory gift of food to the poor so that they may participate with other Muslims in the end-of-Ramadan feast.

 

Now that I have tried to define these words for your convenience, please, do speak them as often and as publicly as you can, before you loose the freedom to do so!  There is already a fatwa that forbids us to speak these words, if we are non-Muslims. It is up to us, freedom-loving people, to make sure that this and/or any other fatwa never becomes applied as a law onto us.

Rights are like muscles and cognitive abilities: if you don’t exercise them, you loose them!!!

TorrentFreak: “Which VPN Services Take Your Anonymity Seriously? 2013 Edition”

With the Federal court in Toronto awarding $10.5 million dollars in statutory and punitive damages for running a website which merely linked to Simpsons and Family Guy episodes, one might wish to know how best to protect their identity in the interwebitudes…and with some VPNs touting their security while handing over users info to the US government, it’s hard to know where to turn.

Helpfully, TorrentFreak has reviewed the different VPN services to see which one take your anonymity most seriously:

‘More than a year ago TorrentFreak took a look at a selection of the web’s VPN services to see which ones really take privacy seriously. During the months that followed we received dozens of emails begging us to carry out an update and today here it is. The first installment in our list of VPN services that due to their setup cannot link user activity to external IP addresses and activities.’

Read the full article here.