| Citation: |
Warman v. Tremaine, 2010 FC 1198, [2011] 1 F.C.R. D-18 |
T-293-07 |
Practice
Contempt of Court
Motion by Canadian Human Rights Commission for show cause order that respondent be found in contempt of court—Canadian Human Rights Tribunal issuing cease-and-desist order against respondent, white supremacist, for posting hate messages on Internet—Tribunal filing certified copy of order with Federal Court Registry in February 2007, thus making order of Tribunal also order of Court for purpose of enforcement—Respondent’s hate messages still found on Internet after Tribunal’s order—Commission’s motion including copy of certificate evidencing that Tribunal’s decision, order registered with Court—Commission not establishing that respondent having knowledge that Tribunal’s order registered with Court until Commission’s motion in March 2009—Such knowledge essential in contempt cases—Contempt charges dismissed because events occuring before respondent aware of registration—In addition, Tribunal’s order not making it sufficiently clear that respondent ordered to remove from Internet material found to violate Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 13(1)—Order referring to “material of the type” instead, which is not same material as that actually found to violate s. 13(1)—Motion dismissed.
Warman v. Tremaine (T-293-07, 2010 FC 1198, Harrington J., judgment dated November 29, 2010, 15 pp.)