Canada ( Human Rights Commission ) v. French
T-619-95
Cullen J.
25/3/96
18 pp.
Application for contempt of court order under R. 355-Show cause order issued by Joyal J. ordering respondents to appear for show cause hearing-Elements of offence of contempt set out in R. 355(1)-First stage in process for establishing contempt application for order alleged contemner show cause why contempt should not be found-Applicant must establish prima facie case of contempt-At second stage, guilt of alleged contemner must be established to criminal law standard of proof beyond reasonable doubt-Three witnesses called by applicant at show cause hearing-Second witness, Mervin Witter, employee of Canadian Human Rights Commission-Recorded messages transmitted from telephone number belonging to Heritage Front-Message forming basis for contempt proceeding transmitted on February 2, 1995-Recorded twice-Two significant differences between first transcription and second transcription-First version referring to "Jewish mafia", government seeking "vengeance" for Jewish community-In second version, term used "Jewish lobbyists", government seeking "justice"-Serious mistake having bearing on evidence of other witnesses-Dr. Susan Ehrlich, Associate Professor at York University, expert witness for applicant-Prepared two reports, one analysing Witter's first transcription, another analysing Witter's second transcription-Research, work limited to defining whether subject message compared linguistically with baseline messages-Dr. Ehrlich's conclusions shaky-Word "mafia" having strong overtones of violence, criminality, corruption-Serious omission on part of witness in not considering whether subject message likely to expose persons to hatred or contempt-Court dealing with alleged violation of Court order, not with freedom of expression-Subject message not similar in form, content to baseline messages-Evidence not demonstrating message likely to promote hatred, contempt of Jewish community-Speaking truth or one's honestly held belief, so long as belief not promoting hatred, not sufficient to bring one in contempt of court order-Application dismissed-Federal Court Rules, C.R.C., c. 663, R. 355.