Two Recent Hate-Crimes Decisions Involving the Internet in BC

Within a period of less than a month, two decisions handed down in British Columbia, one by the British Columbia Supreme Court (Court) and the other by a federal body, the Canadian Human Rights Tribunal (Tribunal), remind us not only that the Internet can be used for ill, as well as for good, but that Canada's "hate crime" legislation can be both effective and varied in its mode of application. In the administrative case (Center for Research-Action on Race Relations and Canadian Human Rights Commission and John Beck), John Beck of Kelowna was found to have committed a discriminatory practice under the Canadian Human Rights Act by posting to the Internet messages that exposed Jews, non-whites and the disabled to hatred. As a result, the Tribunal ordered Mr Beck to pay a penalty of $6000 and issued a cease-and-desist order to restrain the conduct complained of. In the criminal case, prosecuted under Canada's Criminal Code, Bill Noble of Fort St John was convicted by the Court of publicly inciting hatred over the Internet via his postings to white supremacist web sites and was sentenced to four months in jail and, in addition, restrictions were imposed on his right to use the Internet for three years, according to a report by Agence France-Presse. It is interesting to note that the type of activity complained of in these two incidents was similar, yet the ensuing legal proceedings developed along two different procedural routes, with quite different remedies available to the arbiter. For the text of the decision of the Canadian Human Rights Tribunal, visit: http://tinyurl.com/3a4uft For a news report on the criminal case, see: http://tinyurl.com/33ocju Summary by: The Editor