Sunday, October 6, 2013

The Free Dominion 4 -- Huge Defeat for Freedom of Speech in Canada
Written by Paul Fromm

The Free Dominion 4 -- Huge Defeat for Freedom of Speech in Canada

The bottom line is that, after a very costly and valiant 6-year
battle, the Free Dominion 4 -- Free Dominion website owners, Mark and
Connie Fournier, and bloggers, Jason Bertucci and Roger Smith -- this
week lost the defamation action brought against them by Richard
Warman. The past six years have been filled with motions and appeals
on procedure on the way to trial. The Fourniers face still two more
libel actions launched by Richard Warman, a civil servant (Department
of National Defence), with seemingly an amazing amount of time on his
hands for legal complaints, human rights complaints, tribunals and

The crimes of the Free Dominion 4? Critical comments over several
years about Richard Warman, usually is his role of -- and in this
poxy, anti-freedom environment, we must be careful -- seeking to limit
the freedom of expression of others. Canadian libel law is very hazy.
Remarks that lower a person's reputation -- thus, almost any criticism
-- can be seen as defamatory. However, truth and fair comment are
defences. The jury in the Free Dominion 4 case seemed unwilling to
recognize truth or fair comment in numerous postings by the 4 about
which Warman had complained.

Here U.S. Attorney Sam Dickson offers some sober counsel: "Juries want
to do the nice thing and be popular." They will often ignore facts, if
the defendants have been cast in a bad light.

The defence painted the defendants as extremists, with unpopular,
maybe even unusual views and eccentric or opinionated friends or
associates. Ottawa is a very politically correct town with a very cozy
judiciary, as more than one lawyer has told me. The Free Dominion 4
were clearly odd, outsiders, unenlightened yokels from the sticks or
the R.O.C. (the backward Rest of Canada to the entitled Ottawa

The complainant (plaintiff) Richard Warman savours the victory:

"The jury found that all 4 defendants had been motivated by malice in
their attacks against me and awarded $42,000 in damages broken down in
the following amounts:
Connie Fournier – $7,000 general damages/$4,000 aggravated/$8,000
Mark Fournier – $4,000 general/$3,000 aggravated/$5,000 punitive
Jason Bertucci – $2,000 general/$1,000 aggravated/$2,000 punitive
Roger Smith – $2,000 general/$1,000 aggravated/$3,000 punitive."
But, $42,000 out of pocket, in addition to their own legal fees, is
not the end of the damage: "An injunction is being sought and costs
remain to be ruled on by Justice Robert Smith who presided over the
trial," writes Warman. What exactly would such an injunction mean? We
don't know the wording, but the delightfully diabolical thing about an
injunction is that breaking it, even inadvertently, could mean a quick
trip to prison for the poor victim impertinent to believe he should
open his mouth and speak his mind.
Canada is a soft tyranny. No, we're not yet a Third World thuggocracy,
where dissidents are beaten to death by mobs or rounded up and
tortured in prison. Like Singapore, we maintain the trappings of
democracy. The way Singapore long maintained a virtual one party state
was that there were ferocious libel judgements slapped on opposition
politicians who criticized government figures. We haven't yet reached
this level of sophistication but we're headed there.

1 comment:

  1. Many areas of Canada have become bastions of quasi-communism in recent decades, particularly the urban areas. As almost always, the behind-the-scenes instigators of this tightly constrained mindset are, have been...Jews. Although this writer is unsure of the ethnicity of Richard Warman, a long-time official in Canada's Department of "Defence," his virulent opposition to even the mildest forms of free speech strongly suggest that he is a Jew. As knowledgeable people know, global Jewry has been the vehement and deadly enemy of freedom of speech since the very beginning of the human experience. Although Jews comprise only a comparatively minute portion of humanity, they wield power and influence vastly disproportionate to their numbers in whatever nation in which they reside. But then, it takes only a few voracious termites to destroy even the best built castle...