Canadian Human Rights Commission Gains Injunction over Internet Communications in Hate Crimes Case

The Federal Court of Canada, Trial Division, has issued an injunction against an individual, prohibiting him from communicating hate propaganda over the Internet while a complaint against him is pending before the Canadian Human Rights Commission (CHRC). The respondent, Tomasz Winnicki, is the subject of pending proceedings launched by the CHRC before the Canadian Human Rights Tribunal, proceedings which are unlikely to be completed for several months. In the interim, the CHRC launched a "stand-alone" injunction proceeding in the Federal Court of Canada to restrain Winnicki from continuing to use the Internet to send messages that may contravene section 13(1) of the Canadian Human Rights Act (CHRA). Justice de Montigny remarked that the case raised "especially difficult issue going to the heart of our democratic values" in reconciling freedom of expression and equality rights, and that the context and the remedy sought brought the Court into "uncharted territory". In granting the injunction, Justice de Montigny propounded a test that would see an injunction granted where the words complained of "are so manifestly contrary to section 13 of the CHRA that any finding to the contrary [by the Tribunal] would be considered highly suspect by a reviewing court". On the facts, the test was easily met and the injunction was granted restraining Winnicki from communicating, via the Internet, messages of the kind found in the supporting material before the Court. For the full reasons for judgment in Canadian Human Rights Commission v Winnicki 2005 FC 1493, see: http://decisions.fct-cf.gc.ca/fct/2005/2005fc1493.shtml Summary by: The Editor