Here’s an interesting case out of the Federal Court in Victoria B.C. It’s apparent that the judge was pretty reluctant to let this guy off, but ultimately the offender pulled the old, “got off on a technicality” trick. Classic. Aside from its tangential aboriginal connection, it’s also a case which illuminates some interesting differences in the United States and Canada concerning freedom of speech.
Mr. Tremaine thinks (or perhaps just wishes) he is better than others because of the colour of his skin. He is a white supremacist. Although his dislike of others based on the colour of their skin knows no bounds, he has particular enmity for blacks and Canada’s aboriginal peoples.
He is also a neo-Nazi. He is virulently anti-Jewish. He draws no distinction between Jewishness and Zionism. According to him, Jews are parasites who will take over the world unless they are stopped. The blacks are their stupid lackeys and the First Nations are in league with them. He is fond of Adolph Hitler; who got it right – even though the holocaust is a hoax.
Motion dismissed. The Commission failed to bring to Tremaine’s attention the fact that it had registered the Tribunal’s order with the Court. The applicant was required to establish that the alleged contemnor had knowledge of the order alleged to have been breached. The Commission established beyond a reasonable doubt that Tremaine had early knowledge of the order of the Tribunal. However, it did not establish that he had knowledge that the order had been registered with the Court until March 2009 — the date of the show cause hearing. There was one posting in issue between March and August 2009, a posting on the Stormfront site that was not part of the case Tremaine was called upon to meet. The Tribunal had no inherent jurisdiction to enforce its orders, or to find someone in contempt. The lynchpin had to be the registration of the order with the Court, and knowledge thereof. The charges of contempt, as set out in the show cause order, had to be dismissed since all of the events occurred before Tremaine had knowledge of court registration.
Turtle Talk 