Freedom of Speech: still under fire

As Ezra Levant reminds us, freedom of speech is under fire all over the world.  He recently raised the case in Spain, where an ex-Muslim is being threatened with deportation to Pakistan, where he will most certainly face death for blasphemy.

But, it is not only something that happens in the illiberal European Union:  freedom of speech is under fire, right here, in Canada’s capital:

Next week, the 24th, 25th and 26th of March, 2014, Mark and Connie Fournier of the formerly ‘Free Dominion’ (currently ‘Censored-Out-Of-Existence Dominion’), will be back in court, fighting to protect our freedom of speech on the internet.

It is, indeed, the continuation of the ‘Dr. Dawg case’ which had been summarily dismissed in a ruling where the judge was incredulous that Dr. Dawg was willing to admit – in court – to having conducted himself as foolishly as he had.  At least, that is my highly imperfect understanding of that ruling.

Aside:

While I have observed the various legal opponents of the Fourniers’ in court, and have found many of them to lack charisma, I cannot say this of Dr. Dawg.  He may be dead wrong on this issue (in my never-humble-opinion), but, he is a charming guy with a disarming smile.  And, he is always meticulously turned out:  not stuffy, but striking and he takes great pride in his always polished and tidy riding boots. (The ones with the adorable silver trimmings – I’ll be sure to let you know if he wears them in court next week….and they are ‘riding boots’, not ‘cowboy boots’, as I have erroneously reported in the past.  I know, because Dr. Dawg was kind enough to send me the link to them, so that I would make the necessary correction – which, of course, I am more than happy to make.  So, to be sure – they are ‘riding boots’, not ‘cowboy boots’ – and they always look polished and well groomed!)

And, sometimes, Dr. Dawg wears hats – I am very partial to hats!  Did I mention the most awesome steampunk hat my son got over the March break?  Hats get the thumbs-up from me!

Plus, Dr. Dawg had brought a young man (whom I presume to be his step-son) to court to observe some of the non-Dr. Dawg related cases:  this, I truly respect because as a parent myself, I really appreciate the importance of teaching civics lessons to our young people.  So, kudos to him for that – even if I disagree with this particular case of his or his politics in general.  After all, it is our duty to teach our young ones to respect the process – and think for themselves:  the rest is up to them!

But, enough of my ranting…refocusing:

Even though the ruling was for the Fourniers and Peter O’Donnel, a frequent poster at Free Dominion, the court of appeals overturned the summary dismissal.  I am sure there were very sound legal reasons for this, but, to my untrained mind and ‘farmer’s wisdom’ (the best, yet clumsy, translation of my dad’s favourite expression – implying ‘layman’s comprehension’ as my father was not a farmer and not even a gardener (this early pioneer in AI’s outdoor activities during my formative years being exclusively limited to tennis and windsurfing), and thus his comprehension of the ways of farmers and acquisition of any actual ‘farmer’s wisdom’ was quite literally non-existent – I’ve never even seen him mow a lawn…not even once!), it sounded like a bunch of hypothetical judges thought:  “Wow, one of them new-fangled ‘internet cases’ – here’s our one and perhaps only chance to make a ruling that will go into the textbooks – so, let’s prolong it as long as possible, because, after all, we are getting paid to do this:  the poor schmucks in front of us have to pick up the bill!”

OK, perhaps I am overly cynical, but that is what it sounds like to me and my legally untrained mind…

But, regardless of the reasons, the Fourniers will be in an Ottawa court room (Elgin St. Court house, for those wishing to pop by and support either side, or just curious about the ways of our justice system) and, health permitting, I will be there to report on it, to the best of my highly limited abilities!

P.S.  Omar Khadr is not, according to the United Nations own definition, a ‘Child Soldier’ – and anyone who claims otherwise is a snotling fondler and a silly-bunny to boot!!!

An Email form Connie Fournier of Free Dominion

Here is the email:

Thanks to YOU, Free Dominion is Appealing!
Hi, FD Friends!

Once again I’m emailing you with a Free Dominion legal update because you have helped us in the past, and/or you are on our list of friends who are interested in keeping up with our cases. (Please let me know if you no longer want to get these status reports.)
Thanks to all of you for your support, prayers and encouragement!  

 

Even though Free Dominion is still closed to the public due to the Court Order obtained by Richard Warman, we have some GOOD NEWS! 

 

We WON the copyright case against Richard Warman and the National Post that was scheduled to be heard in the Federal Court of Appeal on February 19th!  Just days before the trial was to begin, both Warman and the National Post dropped out of the case. 
Now Warman and the National Post must pay our costs!

On March 24th we will be in Ottawa for the long-awaited Baglow trial.  It will last for three days and it will be at the Courthouse at 161 Elgin St.

Drop by if you can!

Our fundraiser is doing well…we have raised nearly 50% of our goal…so we have filed our Appeal of the John Doe decision that forced us to close the site.

Mark Steyn very kindly donated some of his books and shirts for us to offer as perks on our fundraiser!  Click on the link below if you want to do some shopping! 🙂

We have one week to go, so please share our fundraiser info with your friends!

Please note that the fundraiser is in US funds, so take that into account if you decide to donate.

If you feel more inclined, you can also help out using an Interac Email Money Transfer to connie@freedominion.ca.

And our mailing address is:

Connie Fournier
2000 Unity Rd
Elginburg, ON  K0H 1M0

Thank you so much to all of you for being there for us!  We said we were going to continue on fighting for your freedom, and we are marching on!

We hope that some day we have the opportunity to thank each and every one of you in person!

Fondest Regards,
Connie and Mark

Free Dominion ‘copyright’ case finally won – for good!!!

This is most excellent news!!!

As I reported earlier, when the court ruling for the Fourniers and Free Dominion came down, the ruling had indeed been in their favour.  However, Richard Warman had appealed and so, having won, their federal case dragged on…

Today, the appeal had been dropped.  From Free Dominion:

‘Today we received notices of discontinance from the National Post and from RWarman in the copyright case that was set to be heard in the Federal Court of Appeal this coming Wednesday!

We were self-represented in this this case and we won in the lower court but R ichard W arman decided to appeal and the National Post lawyered up and joined in against us.

We fought hard and were so blessed to get two great interveners. The CIPPIC, who also intervened in the privacy motion in the John Doe case, and the CCIA (and American advocacy group that represents Google, eBay, Facebook and many other heavy-hitters).

On the eve of the trial, after all was prepared to go ahead, our opponents just dropped out with no explanation.

We are now entitled to costs on this case, and it is OVER! Great case law has been established, and we have one less lawsuit to think about.

Just a few more weeks and we hope to cross the Baglow one off the list, too!

Onward and upward! 8) 

Connie and Mark’

One down, so many more to go…  So, while celebrating, why not pop by their legal fund fundraiser and give them some help with the rest of the battles they are fighting on all of our behalfs!

 

P.S. – I wonder if the EU ruling earlier today had anything to do with the dropping of the appeal…

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.

Fundraising for Free Dominon

When members of the media are afraid to criticize a member of their country’s Military, who they honestly believe had abused his position of authority for personal gain/power, we have a problem.

Yet, that is exactly the situation we find ourselves in, in Canada, in 2014.

More and more voices in the media are being silenced through lifetime gag orders against them, brought about through the actions of a specific Agent of the State (and member of the Military, none-the-less)!

This has created such an unprecedented chill on speech that news reporters – even when addressing the public – refer to him as ‘He Who Must Not be Named’!

Help one of his latest victims, Mark and Connie Fournier, by popping over to Indiegogo and listening to their story, spreading it through the internet and, if you have the means, perhaps dropping a few pennies to their legal fund.

P.S.  This is an interesting twist on the story:  the guy doing the silencing had, in the past, been a candidate for election as a member of a political party deeply philosophically opposed to the party one of his targets had been a candidate for…  Do we really want to have the courts be the ones settling philosophical differences between various political parties and their candidates/supporters?  In my never-humble-opinion, this is one very slippery slope…

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.

 

Legal Challenges to NSA Abuse (Laura Donohue)

 

The Day Free Speech Died In Canada – October 2, 2013

An excellent post about this most sad day…

It has quotes, links and goes through the logical steps of where this ruling will lead.

The verdict by the jury in the “Warman vs Fournier et al” has effectively killed good, old-fashioned, political discourse and debate in cyberspace, in Canada. Even minor insults and common hyperbole of innocent nature and made-up words not in the dictionary, can now be construed as defamation.

 
The law lesson learned from the verdict is that defamation court actions are designed to stifle online discourse and healthy political debates that used to commonly take place around kitchen tables and then graduated to cyberspace are now less likely to happen in the blogosphere, since all owners of blogs, forums, chat rooms etc. must now become ruthless, editorial police to avoid the risk of libel suits.
 
The law definition of libel states: “Any communication that is likely to lower that person in the estimation of reasonable people and in particular to cause that person to be regarded with feelings of hatred, contempt, ridicule, fear or dislike.”
 

Each and every Canadian ought to now be motivated to action in a gallant effort to redeem free speech in Canada. Most likely, our elected representatives are not yet aware of the significant impact that the verdict in the Warman vs Fournier et al is having on our fragile and ever diminishing right of free speech in Canada.’

Read the full post here.

 

UPDATE:  Another insightful analysis can be read here.

OpenMedia.ca: What are they up to in Bali?

This is from an email from OpenMedia:

In less than a week nearly 100,000 people have signed on to our letter to Stephen Harper and other leaders telling them not to ram through an Internet censorship plan when they meet in Bali.

But now the industry lobbyists behind the Internet censorship plan are ramping up the pressure by publicly urging leaders to not “soften” amidst the public outcry.1

Can you believe that?

We need your help to take the next step to expose this Internet censorship plan before our leaders buckle under the pressure. Can you contribute now so we can step up a multi-faceted citizen awareness campaign before it’s too late?

Once the public knows about the Internet Censorship in the Trans-Pacific Partnership (TPP), it will be almost impossible for political leaders to put this plan in place. We need to make sure Canadians know what’s at stake.

Here’s our plan to amplify your voice:

  • Unleash a massive and highly targeted social media campaign to overwhelm political leaders with citizen messages that they cannot ignore. We know the media and politicians pay attention to this.
  • Get the word out in communities across Canada with our powerful, easy-to-use “Letter to the Editor” tool, putting citizen voices in local newspapers, significantly amplifying your voices, and ramping up the pressure on decision makers.

We can only take this next step if you chip in right now. Any amount will help; are you able to pitch in today to make sure Harper gets the message?

With your support, we’ll be able to show Stephen Harper how unpopular this extreme Internet censorship plan is, and prove that there will be a price to pay for it at election time.

We can stop this extreme Internet censorship plan by standing together to send a clear message to our government. Your donations power our efforts to keep fighting against Internet censorship – we can’t move forward without your help now.

Together, we are going to stop the TPP’s Internet censorship from stifling Canada’s future and knocking people off the Internet.

Thank you for being a part of this,

Steve and Jason, on behalf of your OpenMedia.ca team

PS Together, there are hundreds of thousands of us; if each of us gave just $3, we’d be able to send a message that our political leaders can’t ignore.

 

Footnotes

[1] “US Business groups warn against compromises in Pacific Rim trade talks”. Source: Financial Times (paywall) – “Among his key concerns, Mr Donohue said, were that the US would soften its push for strong intellectual property rules…”


OpenMedia.caOpenMedia.ca is a non-profit organization that relies on donations from people like you to operate. Our small but dedicated team ensures even the smallest contributions go a long way to make your voice heard. Please donate today.

We are an award-winning network of people and organizations working to safeguard the possibilities of the open Internet. We work toward informed and participatory digital policy. You can follow us on Twitter, and like us on Facebook.

Warman vs Free Dominion and John Does (the Jury Trial) – the Verdict

I’ll be brief.

Today is a sad, sad day for all Canadians – and a tragic one for all freedom loving people.

The jury foreperson giggled as she said: “The answer is 42!”

As in, $42,000 awarded to Mr. Warman in damages…

In addition, Mr. Warman is seeking an injunction against Free Dominion – a gag order – that would see the Fourniers thrown into jail if anyone even mentions his name on FD, no matter how quickly it would be taken down.  If that happens, Free Dominion will cease to exist…

I’ll have some details later – am too upset to write more now.

UPDATE:

CodeSlinger has expressed eloquently what I feel – so, I’d like to share his comment here with you:

This is a sad day, but not a surprising one.

Being tried by “a jury of your peers” sounds right, and good and just… until you look closely at who these “peers” really are – by which I mean what values they have absorbed from their schooling and the mass media, both shaped by the cultural Marxist apparatchiks of the corporocratic state.

Especially in Canada.

Canadians, in general, have no concept of rights.

They speak of rights, but they really mean privileges.

Regarding the right to bear arms, they ask “what kind of arms should we be allowed to carry?”

Regarding the right to free speech, they say “what kind of things should we be allowed to say?”

And so on. It’s pathetic.

Canadians, in general, cannot imagine not being ruled.

To paraphrase what I wrote in another comment, cultural Marxists seek to breed independence and self-reliance out of us. They want to make us into Eloi. And their masters, the globalist Morlocks, are very pleased with their progress.

Especially in Canada.

In Canada, people like the Fourniers don’t have the option of being tried by a jury of their peers.

Eloi are not their peers.