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the Allegation Machiavelli and Associates Emprize Inc. discriminated against me based on my sexual orientation by communicating messages on a web-site which is likely to expose homosexuals to hatred and contempt in contravention of section 13 of the Canadian Human Rights Act. the Particulars I am a gay man . On June 22 or 23rdof 96, my friend informed me about a web-site at http://www.citizensresearchinst.com/ which contained various derogatory statements against homosexual people. I went to this site on this date and found many offensive comments, such as "Question – are all homosexuals pedophiles or are all pedophiles homosexual? Answer – Yes" and "Question – are all homosexual pedophiles school teachers? Answer – No! Some are "men of the cloth", scout leaders and coaches." Another example is: "Warning the gay and lesbian "educators" of British Columbia (gale) live and practice a repugnant "lifestyle" into which they intend to lure and abuse our children. Since that date I have gone back to the web-site as often as once every two days and found the same derogatory statements. The site indicated that more than 2000 people visited the site between December 11th 1997 and June 23rd1998. This site has been accessible as recently as April 28 1999. I attempted to find out who provided the web-site by visiting www.internic.net ( which has information on the server and the creator of web-sites) and found the Machiavelli & Associates Emprize created the web-site. I am gravely concerned that this web-site leads the public to falsely believe that all homosexual people are sex offenders thereby exposing homosexuals to prejudice and hatred. Signature Mark Schnell April 29th 1999 Contains various derogatory comments about homosexuals, linking homosexuality with criminal activity. web-site does not convey any positive or negative messages about homosexuality. He created the site in response to the fact that in British Columbia, it is legal to possess child pornography. He argues that his web-site is about pedophilia, not homosexuality. Jurisdiction Is broad enough to encompass the Internet. The subsection uses the following words to establish jurisdiction: "It is a discriminatory practice for a person, or a group of persons, acting in concert to communicate telephonically, or to cause to be so communicated repeatedly, in whole or in part by means of the facilities of a telecommunications undertaking within the legislative authority of parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or persons are identifiable on the basis of a prohibited ground of discrimination." "telecommunications undertaking" as an undertaking in the fields of telecommunications that is carried on in whole or in part within Canada. The CRTA defines telecommunications as any transmission, emission or reception of signs, signals, writing, images sounds or intelligence of any nature by wire, radio, visual or other electromagnetic system. superhighway. The elements of the highway are: the basic infrastructure of telecommunications; the software which enables individual users to access the highway; the information re-sellers, the local "goffers" or Freenets which supply the information to the users; and the information appliances which are the personal computers, telephones or combination of the two connected to telephone lines, which provide the medium for communication. Any person who gains access to the web-site must communicate electronic messages thought the use of a telecommunication undertaking. message since, under the terms of subsection 13(1) of the CHRA, is a discriminatory act for a person or a group of persons to communicate telephonically and repeatedly, matter which is likely to expose a person or persons to hatred or contempt on the basis of a prohibited ground of discrimination. About Machiavelli & Associates Emprize Incorporated company is involved in the buying and selling of equipment, including heavy equipment. The company is also involved in providing paralitigation services. On the first page of the site are 11 web-links. Of the eleven, one link is entitled the Forum On this page, under "Editorial" are approximately 12 additional links. One of these links is entitled, See the Instrument By clicking on this link, the user is brought to the web-site that is the subject of the complaints. This site shows that the domain name"citizensresearchinst.com is registered to Machiavelli & Associates Emprize Inc. Allegations – the web-site www.citizensresearchinst.com of the site states that, "The Truth via the Instrument is Mightier than the Sword" and that "The plan and purpose of the Citizens Research Instrument is to report the truth via the pen" concern that in British Columbia, it appears that pedophilia is "okay". He states that the web-site is an "awareness" site which is anti-pedophilia, regardless of sexual orientation. Mr. Micka says that it is pedophilia that he objects to and writes about, not homosexuality. Lesbian Educators of British Columbia (GALE) "are attempting to force the B.C. schools to provide literature to elementary school children that endorses and promotes same sex couples and their activities is not only an alternative lifestyle, but also an equal. Lifestyle. "He says that he quoted this directly from the GALE position paper which is in the public domain and also before the courts. various newspapers, such as the Vancouver Sun, the Province and the North Shore News. With respect to the articles involving individuals charged with pedophilia, that information came from newspapers, public records and court documents. The article entitled, "You Know you Live in Vancouver When…." was re-printed from a book of the same title, authored by a local B.C. radio disc jockey. homosexuals are sex offenders. homosexuals are pedophiles. The statements are on the last link of the main page and would not be read unless someone spent at least half an hour reading all the details on the web-site. He, (Mark Schell) the complainant says that in general, people surfing the Internet look at the headlines and skim the stories. from the site. During the course of this investigation, the investigator visited the web-site on several occasions and downloaded all of the articles on the site. Mr. Micka advised the investigator that since the initial notification of the complaint in August 1999, the web-site has remained unchanged; no articles have been added to, or deleted from, the site. All of the articles on the web-site. in part: "Welcome to Beautiful British Columbia Haven for n.d.peeyers, homosexuals and pedophiles-- The province most accepting of an "alternate lifestyle", and Vancouver the city of "light in the loafers". QUESTION—are all homosexuals pedophiles or are all pedophiles homosexual? ANSWER—YES QUESTION—are all homosexual pedophiles school teachers? ANSWER---NO! some are "men of the cloth", scout leaders and coaches. CITIZENS ALERT homosexuals have an agenda !they are paving the way for legalized pedophilia WANT PROOF? BECOME INFORMED INVESTIGATE and LEARN MORE ABOUT THE FOLLOWING PEDOPHILES And THEIR JUDGES OPINION--There appear to be judicial enclaves in Beautiful British Columbia where sex with children is deemed an "alternate lifestyle" CONCLUSION—Despite constant denial, the homosexual "community" does have an agenda. They want to regress our society back to ancient Greece, where men had "boy toys" and sheep were nervous. The question should have been " are most homosexuals pedophiles or are most pedophiles homosexual? PEDOPHILIA PRACTICED BY HETEROSEXUALS AND / OR HOMOSEXUALS IS EQUALLY ABHORRENT QUESTION—are all homosexuals pedophiles or are all pedophiles homosexual? ANSWER—NO ! some pedophiles are heterosexual and should be forced to spend the rest of their time with homosexuals. QUESTION—is robert noyes 1)a dangerous sex offender? 2)a pedophile? 3)a homosexual pedophile? 4)a heterosexual pedophile? ANSWER—does it really matter? he currently enjoys free room and board while roaming the streets on unescorted day passes. the truth is that all pedophiles/child abusers should be shot with a ball of their own shit. newspaper article apparently re-printed from the Province – B.C. Newspaper, with the heading "Svend vows to sue if pension reform excluded" Prefacing the article, under the link http://www.citizensresearchinst.com/sven1.html are the following comments: " the Citizens Research Instrument In a perfect world Government pension benefits for same sex "couples" might be considered / In a perfect world there would not be any same sex "couples" Citizens please try not to vomit while reading the story. We present it to make you aware that you are losing control of your destiny. When is enough enough ? The queers do have an agenda and it's sick." The reader can then click See the Story to read the news article. "You know You Live in Vancouver When" Mr. Micka states he re-printed this material from a book with the same title. The link contains 24 generalizations, of which 5 have a reference to heterosexuality and homosexuality
(1990)3 S.C.R. 892 established the legal test for a violation of subsection 13(1) of the Canadian Human Rights Act The test requires that the impugned message fall within the definition of hatred or contempt.. The court also clarified the application of the word "expose" in subsection 13(1) and determined that "expose" was a passive word, indicating that an inactive effort or intent on the part of the communicator or a violent reaction on the part of the recipient are not envisaged. The court indicated that if one is creating the right conditions for hatred to flourish, leaving the identifiable group open or vulnerable to ill feelings or hostility, if one is putting them at risk of being hated, in a situation where hatred or contempt are inevitable, one falls within the compass of subsection 13(1)_ of the Canadian Human Rights Act Machiavelli & Associates Emprize Inc, and operated by John Micka, the person who caused the material to be communicated, could be deemed likely to evoke hatred or contempt against people based on their sexual orientation. Recommendation END |