Monday, May 14, 2007

Lemire's motion to subpoena Bell

Below is the motion of Marc Lemire applying that Bell Canada be subpoenaed for information about an IP address that at some point had been associated with "jadewarr", a pseudonym used by Dean Steacy of the Canadian Human Rights Commission. (I've placed copies here to function as archive; the original was posted at Lemire's own site:

Here is a text version that should be easier to search.
    Motion by Marc Lemire for Subpoena of Bell Canada ’s Records to Ascertain identity of Stormfront User Account “Jadewarr”

    May 14, 2007
    Re: Warman v. Lemire, Tribunal No. T1073/5405

    To: Canadian Human Rights Tribunal,

    This is a motion by the respondent for a subpoena of Bell Canada for all documents and information concerning the IP Address

    The facts which form the basis of this motion are as follows:

    On December 12, 2006, during questioning of Richard Warman by Paul Fromm in the matter of Warman v. Beaumont, he asked about an exhibit filed by the Commission from the Stormfront website which was headed “Welcome, Jadewarr”. Mr. Warman testified that it came from the Commission.

    T1106-8705 2006-12-12 Warman-Beaumont

    CHRC attempts to put into evidence a post from Stormfront entitled “ Italy for Italians” at Tab 17. Warman V. Beaumont. The top of the page showed the login name as “Jadewarr’

      MR. FROMM: Can you explain what that is, "Welcome, Jadewarr?
      MR. WARMAN: It appears to be a name that was logged in under.
      MR. FROMM: By whom?
      MR. WARMAN: I'm sorry, I don't know.
      (Page 273, Transcripts)

      MR. FROMM: Is it your testimony, then, that it's a Commission document?
      MR. WARMAN: It originates with the Commission. I do not know its providence.
      (Page 275, transcripts)

    • The person using the account “jadewarr” on Stormfront has attempted to engage Marc Lemire in public conversations on the message board;
    • The person using the account “jadewarr” has engaged a person using the account “fenrisson” numerous times in private conversations on the Stormfront system;
    • The Stormfront “fenrisson” user posts have been used at least twice by the Commission to dismiss complaints against Richard Warman and CAERS as “vexatious”;
    • In March, 2007, Marc Lemire requested and received the e-mail address, IP address, hostname and access to the Stormfront account “jadewarr” from the owner of the Stormfront website, Mr. Don Black
    • The information regarding “jadewarr” provided by Mr. Don Black was as follows:
      • IP Address:
      • Host Name
      • E-Mail address used:

    • During the hearings in Ottawa on May 10, 2007 , the Commission claimed Section 37 of the Canada’s Evidence Act over questions relating to the Stormfront Account “Jadewarr”

      The respondent is requesting a subpoena of Bell Canada ’s records to ascertain the user account and subscriber information for the following:
      • User account and subscriber information for the user of IP Protocol address:, with hostname, that was connected to the Bell Sympatico and/or Bell Canada network on: December 8th, 2006 at 03:29 PM (EST) (Also Known as: 3:29 PM “ Ontario time” to Bell Canada Corporate Security)

    • It is submitted that this information is relevant to the hearing of the constitutional issues in this case as it shows the activities of the Commission under section 13 of the Canadian Human Rights Act are going far beyond attempting to ameliorate discrimination, and are impacting the fairness of its procedures, the rights of complainants and respondents both, and the guarantees to Charter rights.

      The Commission appears to be actively engaging with respondents on message boards, in particular with relevance to this case, Mr. Lemire. The respondent should be able to question Commission witnesses concerning these matters upon the resumption of the hearing in Ottawa in June if in fact “Jadewarr” is proven to be the Commission.

(Note: I've back-dated this in blogger to its original composition date.)