Click here for media article and here for the decision.
– Civil jury requested by the defendants awards $42,000 in general, aggravated, and punitive damages against defendants for 6-year campaign of character assassination finding all defendants motivated by malice. Jury verdict and therefore no published reasons.
Click here for more info including a link to the costs award of $85,000.
Click here for more info
Ontario Court File No: 04-CV-26550SR, appeal dismissed 2008 ONCA 842, leave to appeal to Supreme Court of Canada denied: March 23, 2009,  SCCA No. 40.
Click here for more info
Human Rights Work
Using his own personal time and resources, Richard has investigated, developed, and co-litigated the 3rd-18th federal human rights complaints dealing with Internet hate under s. 13 of the Canadian Human Rights Act. A number of the cases have attracted widespread national print, radio, and television media coverage. They have also been mentioned in reports to the United Nations regarding country conditions in Canada by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.
1) Warman v. Fred Kyburz – 2003 CHRT 18 – Case dealt with anti-semitic hate propaganda including calls for extermination of Jews. Kyburz also issued death threats against Warman and attacked his employment. Cease and desist order as well as fines and damages for retaliation of $37,500 issued by Tribunal May 2003.
2) Warman v. Canadian Ethnic Cleansing Team, Alexan Kulbashian, James Richardson, et al. – 2006 CHRT 11 – Kulbashian and Richardson leaders of group Canadian Ethnic Cleansing Team. Group’s website called for violence against Muslims and Jews and attacked wide variety of other groups. Decision included the first-ever finding of liability for an Internet Service Provider for failure to remove hate despite knowledge of its presence. Tribunal decision rendered March 2006 including permanent cease and desist orders as well as fines and damages of $13,000.
3) Warman v. Eldon Warman – 2005 CHRT 36 – Anti-semitic hate propaganda led to cease and desist order issued by Tribunal in Sept. 2005.
4) Warman v. Tomasz Winnicki – 2006 CHRT 20 – Hate propaganda attacking non-whites and Jews. Tribunal decision rendered April 2006 including cease and desist order and fines and damages of $11,500.
- First-ever Federal Court temporary injunction to halt Internet hate until Tribunal rendered decision.
- First-ever contempt proceedings in Internet hate case for violating this temporary injunction led to Federal Court sentence of nine months imprisonment for defendant.
- Winnicki released pending appeal of contempt sentence. Sentence later reduced to time served (roughly 3 months) on technical issue. Successful motion brought before Federal Court of Appeal for breaching bail conditions.
5) and 6) Warman v. Alex Di Civita and Warman v. Lampman – Cases dealt with hate propaganda websites attacking non-whites and Jews operated in the name of Canadian wing of neo-Nazi group formerly known as the World Church of the Creator. First-ever successfully mediated resolutions to hate propaganda cases after individuals had left the neo-Nazi movement and renounced former beliefs (December 2005 and January 2006).
7) Warman v. Western Canada For Us and Glenn Bahr – 2006 CHRT 52 – Cease and desist order along with fines of $5,000 each for group and leader for material that included calls for genocide of homosexuals and the mentally disabled.
R v. Glenn Bahr – 2006 ABPC 360 – Criminal charge laid for willful promotion of hatred under s. 319 of the Criminal Code. Justice Allen of the Provincial Court of Alberta finds sufficient evidence at preliminary inquiry to commit Glenn Bahr for trial. Trial ultimately not proceeded with by Crown.
8) Warman v. Craig Harrison – 2006 CHRT 30 – Harrison had previous criminal conviction for racist assault. Subsequently posted repeated calls to the Internet for genocide against the Aboriginal, black, and francophone communities. Tribunal imposed cease and desist order and penalty of $1,000 in August 2006.
9) Warman v. Peter Kouba – 2006 CHRT 50 – Cease and desist order as well as fine of $7,500 for distribution of hate propaganda and incitement of others to do same. Groundbreaking Tribunal decision issued 22 Nov. 2006 establishes “Hallmarks of Hate Messages” indicia as roadmap for rendering future hate judgements.
10) Warman v. Terry Tremaine – 2007 CHRT 2 – Advocating ethnic cleansing resulted in cease and desist order along with fine of $4,000. Groundbreaking proceedings for contempt of court successful and Federal Court of Appeal finds that tribunal orders themselves must be obeyed, not just after they’re registered with the Federal Court. Tremaine sentenced by Federal Court to 30-days imprisonment for flagrant disobedience of order to stop posting Internet hate. Sentence upheld by Federal Court of Appeal. Criminal charge for willful promotion of hatred laid by Regina Police Service but later stayed for delay.
11) Warman v. Canadian Heritage Alliance and Melissa Guille – Permanent cease and desist order issued for content that included call for genocide/ethnic cleansing of Jewish community.
12) Warman v. Ciaran Donnelly – Donnelly disseminated hate propaganda attacking Jews, gays and lesbians, Chinese, blacks, Hispanics, Aboriginals, and the mentally disabled. Complaint resulted in negotiated settlement involving substantial donation to charity and consent for Federal Court order barring further posting of hate propaganda to the Internet.
13) Warman v. Jessica Beaumont – 2007 CHRT 49 – Fine of $1,500, damages of $3,000, and permanent cease and desist order for hate propaganda attacking the Rastafarian, homosexual, Jewish, Muslim, and other communities.
14) Warman v. Bobby Wilkinson / Canadian Nazi Party – 2007 CHRT 27 – Tribunal decision in July of 2007 imposes permanent injunction and $4,000 fine for hate propaganda on website that included incitement to genocide.
15) Warman v. Marc Lemire – Complaint upheld but no remedy granted at Tribunal level due to constitutional issue. Judicial review of Tribunal’s ruling leads to decision of Justice Mosley of the Federal Court overturning Tribunal ruling and upholding constitutionality of s. 13 of the Canadian Human Rights Act. Matter referred back to Tribunal for issuing of appropriate remedy. Federal Court of Appeal in their decision upholds constitutionality of s. 13 of the CHRA and also re-instates financial penalty provision. Canadian Human Rights Tribunal belatedly issues permanent cease and desist order against Marc Lemire ordering him to cease posting hate propaganda to the Internet (better late than never).
16) Warman v. Northern Alliance and Jason Ouwendyk – 2009 CHRT 10 – Permanent cease and desist order issued for material that called for murder of the physically and mentally disabled as well as genocide of the Muslim and Jewish communities.