Case information
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34542
Terry Tremaine v. Canadian Human Rights Commission, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-05-31 | Close file on Leave | |
| 2012-05-30 | Certificate of taxation issued to, Daniel Poulin | |
| 2012-05-30 | Decision on the bill of costs, in the amount of $1,439.00, Reg | |
| 2012-05-30 | Submission of the bill of costs, Reg | |
| 2012-05-25 | Bill of costs, (AMENDED), Completed on: 2012-05-25 | Canadian Human Rights Commission |
| 2012-05-24 | Response to the bill of costs, (to Bill of Costs filed May 17/12), Completed on: 2012-05-24 | Terry Tremaine |
| 2012-05-17 | Bill of costs, (Fees missing-rec'd May 25/12), Completed on: 2012-05-25 | Canadian Human Rights Commission |
| 2012-04-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-04-27 | Judgment on leave sent to the parties | |
| 2012-04-26 |
Judgment of the Court on the application for leave to appeal, The motion for a stay of execution is dismissed with costs. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-468-10, 2011 FCA 297, dated October 26, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2012-04-26 |
Decision on the motion for a stay of execution, see judgment Dismissed, with costs |
|
| 2012-03-12 | Submission of motion for a stay of execution, CJ Ro Mo | |
| 2012-03-12 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-01-31 | Order on motion to extend time, (included in motion) | |
| 2012-01-31 |
Decision on motion to extend time, DeRg, to serve and file the respondent, Canadian Human Rights Commission, response to Jan. 11/12 Granted, without costs |
|
| 2012-01-31 | Submission of motion to extend time, DeRg | |
| 2012-01-20 | Response to the motion for a stay of execution, Completed on: 2012-01-20 | Canadian Human Rights Commission |
| 2012-01-19 | Applicant's reply to respondent's argument, Completed on: 2012-01-19 | Terry Tremaine |
| 2012-01-17 | Response to motion to extend time, (Letter Form), (from Gowlings by email), Completed on: 2012-01-17 | Terry Tremaine |
| 2012-01-17 | Motion to extend time, (bookform) to serve and file the respondent's response to Jan. 11/12, Completed on: 2012-01-17 | Canadian Human Rights Commission |
| 2012-01-11 | Motion for a stay of execution, Completed on: 2012-01-11 | Terry Tremaine |
| 2012-01-11 | Respondent's response on the application for leave to appeal, Motion for extension of time (rec'd Jan.17/12) and service for one party missing. (Service received on Jan 12/12), Completed on: 2012-01-23 | Canadian Human Rights Commission |
| 2011-11-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-11-23 | Application for leave to appeal, Style of cause to be confirmed, Completed on: 2011-11-28 | Terry Tremaine |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Tremaine, Terry | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Human Rights Commission | Respondent | Active |
| Warman, Richard | Respondent | Active |
Counsel
Party: Tremaine, Terry
Counsel
Victoria, British Columbia
V8W 1C4
Telephone: (250) 385-1022
FAX: (250) 479-3294
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Canadian Human Rights Commission
Counsel
344 Slater Street
Ottawa, Ontario
K1A 1E1
Telephone: (613) 947-6399
FAX: (613) 993-3089
Email: daniel.poulin@chrc-ccdp.ca
Party: Warman, Richard
This party is not represented by counsel.
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Courts – Enforcement of orders – Contempt of court – Orders of boards and tribunals – Whether applicant required notice of the court order of which he was found in contempt – Whether order in question was clear and unambiguous – Whether applicant “communicated” in violation of the cease and desist order – Whether applicant was unable to comply with the order due to bail conditions.
On February 2, 2007, the Canadian Human Rights Tribunal concluded that white supremacist and neo-Nazi messages posted on the Internet by the applicant constituted discrimination under s. 13(1) of the Canadian Human Rights Act, R.S.C. 1985, c. H-6. It issued a cease-and-desist order and fined the applicant. Without notice to the applicant, the Canadian Human Rights Commission filed a copy of the Tribunal’s order with the Federal Court Registry pursuant to s. 57 of the Canadian Human Rights Act. After the Tribunal issued its order, many of the messages remained on the Internet and a number of additional messages were posted. In March 2009, the Commission moved for a show cause order pursuant to the Federal Courts Rules, S.O.R./98-106, seeking to have the applicant held in contempt.
Lower court rulings
Federal Court
T-293-07, 2010 FC 1198
Motion to find applicant in contempt dismissed
Federal Court of Appeal
A-468-10, 2011 FCA 297
Appeal allowed, applicant found in contempt; Matter remitted to Federal Court, Trial Division for sentencing
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available