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…cont'd

That poor woman down the street

Apparently it's perfectly okay for the CHRC to hijack its neighbour's computer system

MARK STEYN | April 2, 2008 |

So, in order to goad their target into saying something just a teensy-weensy bit offensive, both the chief investigator, Dean Steacy, and the "complainant," Richard Warman, began logging on to Mr. Lemire's site under their respective aliases. I say "respective aliases" but at one point Mr. Warman was logging on to Internet "hate sites" under Mr. Steacy's secret identity, "jadewarr." He'd misplaced some "hate message" or other, and so strolled over to the commission and was allowed to use the government's computers, passwords and covert hate-site membership ("jadewarr") until he'd found what he was looking for. Richard Warman is supposed to be a private citizen who has filed a "complaint," yet he's allowed full access to the state's investigation. If Mr. Warman got mugged, would he be permitted to wander into the Ottawa police forensics lab and fiddle around with hair and fibre samples from the scene? Dean Steacy denied in court that there was any collusion between the CHRC and their lone plaintiff, and one can see his point: who needs to "collude" when Mr. Warman enjoys open access to the system?

Does every Canadian citizen have the right to monkey around the CHRC computers on complaints they've got an interest in? If so, I'll be in at 10 a.m. next Thursday to poke around the files relating to the Maclean's case. If I need to bring two pieces of picture ID, do let me know.

When Mr. Steacy began posting messages on hate sites as "jadewarr," he was sufficiently Internet savvy not to leave any ISP information that could be traced back to the CHRC. He didn't want Marc Lemire looking at his server logs and noticing any unusual interest from anything ending in "gc.ca." So Mr. Steacy disconnected himself from the office Internet, and looked around for alternative wireless connections. He found one belonging to a young lady whose apartment is a block away from CHRC headquarters in Ottawa. Without obtaining a warrant, he connected to her server, and in effect used her as his cover for his "jadewarr" postings. Last week, a representative from Bell Canada named the lady in open court, since when her name has been reported in the newspapers. Let's say in 10 years' time, this woman applies for a job in, oh, Sarnia or Moose Jaw or Des Moines, and her prospective employer decides to Google her name, and what comes up is all very complicated and hard to follow but she seems to have something to do with some white supremacist investigation back in 2008.

Continued Below

No, she doesn't. She's a blameless woman moved into the line of fire to cover Dean Steacy's tracks. If I were her, I'd be contemplating one monsteroo lawsuit against the CHRC for their appropriation of her identity.

Incidentally, if you examine the philosophical underpinnings of Canada's "human rights" "jurisprudence," you're struck by a consistent contempt not just for freedom of expression and the presumption of innocence but also for property rights: it's no surprise that a body that takes unto itself the power to regulate the content of privately owned magazines also assumes with nary a thought that it has the right to hijack its neighbours' computer systems when it needs to construct a false identity.

Is it worth corrupting all the norms and safeguards and time-tested balances of the English legal system to nail Marc Lemire? In their latest act of improvised self-protection, the tribunal abolished the role of court stenographer for last Tuesday's hearing. The state has spent millions of your tax dollars dragging the proprietor of an unread website into the dock, but suddenly decided halfway through the case that scrapping the court stenographer is a vital saving of a few hundred bucks. And amazingly this innovation was introduced only on the day on which the "secret trial" was opened up to the press and public.

Although the CHRC behaves like a rogue agency way beyond political accountability, it remains formally the responsibility of the minister of justice. So what does Rob Nicholson have to say about his Frankenstein monster? Sadly, he seems to have had reconstructive surgery and entered the witness protection program. Way back on Jan. 22, I sent a written request for an interview with the minister, copied to his media relations honcho, Christian Girouard. Didn't hear anything. But that's okay. They're busy people, and I'm a patient chap. As the months ticked by, I sent a written reminder to M. Girouard. And, eventually, on Friday, March 28, we called, and were told that my "interview request" was in the system and the fellow to speak to was Darren Eke. A message was left on Mr. Eke's voicemail, but he never returned it. So on March 31, we called again, and were assured by his assistant Megan that a reply was en route via email. Still hasn't come.


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