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Shofar FTP Archive File: people/w/winnicki.tomasz/contempt-hearing


A hearing in Federal Court will take place Tuesday in
Ottawa into allegations that London, Ontario resident
Tomasz Winnicki continued to post hate propaganda to
the Internet despite a Federal Court injunction
ordering him to stop.  Laced with profanity and
bigoted slurs, Winnicki's hundreds of Internet forum
postings have repeatedly targeted women, Christians,
Jews, homosexuals, as well as the Black and other
non-white communities.

[Editor's note: Tuesday, July 4, 2006. knm]

Winnicki first came to public attention in September
of 2003 when Ottawa lawyer Richard Warman filed a
federal human rights complaint with the Canadian Human
Rights Commission (CHRC) citing Winnicki's racist
slurs against Blacks and threat to the Jewish
community that "WE'RE COMING FOR YOU, YOU JEW FUCKS". 
Section 13 of the Canadian Human Rights Act prohibits
the posting of hate propaganda to the Internet.

The Commission eventually referred the complaint to
the Canadian Human Rights Tribunal (CHRT) who
scheduled hearings for the fall of 2005.  Given that
Winnicki was continuing to post hate to the Internet,
the Commission sought and was granted an injunction
from the Federal Court issued on 4 October 2005 that
would be in force until the CHRT finished hearing the
case and rendered their final decision.  

The Federal Court found that the messages "?are
undoubtedly as vile as one can imagine and are not
only discriminatory but threatening to the victims
they target" and ordered Winnicki to stop
"?communicating, by means of the Internet, messages
that are likely to expose persons to hatred or
contempt by reason of race, national or ethnic origin,
colour or religion?"

During the time the Federal Court injunction was in
force, Winnicki continued to make posts engaging in
Holocaust denial and attacking the Black community. 
Further demonstrating his flagrant contempt, Winnicki
also posted "FUCK YOU CHRC !!! FUCK YOU CHRT !!! FUCK

Lawyers Joy Noonan and Judith Parisien of law firm
Heenan Blaikie will be representing the Canadian Human
Rights Commission and have indicated they will be
seeking jail time of six months to a year or a fine of
$6,000 for Winnicki if he is found guilty of contempt.
 Under the Federal Courts Act, Winnicki could face up
to five years imprisonment or unlimited fines.

After the Canadian Human Rights Tribunal finished
hearing the case, the Tribunal issued a decision on 13
April 2006 that found Winnicki guilty of violating the
Canadian Human Rights Act and issued a permanent order
to stop posting Internet hate.  The Tribunal also
fined him $6,000 and awarded $5,500 in damages to the
complainant Warman as a result of Winnicki's
anti-semitic attacks against him.

Over the past three years, representatives of the
Jewish, Arabic, Black, and South Asian communities in
cooperation with human rights groups have repeatedly
issued joint calls to the London Police,
Attorney-General and Solicitor-General of Ontario for
Winnicki to be charged criminally for the willful
promotion of hatred - inexplicably without success.

WHEN: Tuesday, 4 July 2006 at 09h30 

WHERE: Supreme Court Building (East Court Room)
301 Wellington St. (at Kent), Ottawa

The above contempt of court hearing pertains to
allegations that Winnicki violated the Federal Court
injunction that was in effect from October of 2005 to
when the Canadian Human Rights Tribunal rendered its
decision in April of 2006.  As it is alleged that
Winnicki continues to post hate propaganda to the
Internet in violation of the Tribunal's order dated 13
April 2006, he has recently been served with a second
contempt of court proceeding for which further
penalties will be sought.  This second hearing before
the Federal Court is scheduled to begin 17 August 2006.

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