Landmark decision

The Canadian Human Rights Tribunal has ordered two white supremacists to stop spreading hate messages over the Internet and held the Web hosting service carrying the material liable.

In what is being hailed as a landmark decision, the tribunal ordered Alexan Kulbashian, of Toronto, and James Richardson, from London, Ont., and two other parties named in the complaint to pay a total of $13,000 in penalties. The ruling awarded the complainant, an Ottawa lawyer and human rights activist, $5,000 in compensation after he was the target of a hate message.

The complaint, filed by Richard Warman in February, 2002, alleged Mr. Kulbashian, in his early 20s, and Mr. Richardson, in his early 30s, communicated messages that "exposed individuals who are non-Christian, non-Caucasian, or of 'other' national ethnic origins to hatred or contempt contrary to s. 13 of the Canadian Human Rights Act."

Mr. Warman also named the Canadian Ethnic Cleansing Team, of which the two were members, and Mr. Kulbashian's Web-hosting service, Affordable Space.com, and another Web site, tri-cityskins.com, in his complaint.

"The material found on the tri-cityskins.com Web site is likely to expose persons who are non-Christian or non-Caucasian to hatred or contempt," the ruling states. "Black persons and people of the Jewish faith are particularly laid open to ridicule, ill feelings or hostility, creating the right conditions for hatred or contempt against them to flourish."

The author of the ruling also states Affordable Space.com caused the communication of hate messages since it "provided the Web services that enabled the hate messages to be disseminated over the Internet."

The Web sites that were identified in the complaint are no longer available on the Internet; however, the ruling excerpted material they are believed to have carried, such as racial slurs and highly offensive "jokes" about blacks, Jews, Muslims and Sikhs.

Warren Kinsella, a Toronto lawyer and author of Web of Hate, called the decision historic because it makes clear that an Internet provider will be held accountable for the hateful words and images it hosts for others.

The decision "effectively refutes the CRTC's cowardly 1998 non-decision that the Internet should be a regulation-free zone, where haters can say whatever they want", said Mr. Kinsella, who also writes a media column for the National Post.

"Canada has taken far too long to respond to the Internet hate threat -- but the tribunal's historic ruling signals that we may finally be confronting this significant problem."

Bernie Farber, the CEO of the Canadian Jewish Congress, told The Canadian Press he was ecstatic about the decision. "It makes a huge and important statement," Mr. Farber said. "It shows the seriousness with which the tribunal viewed this matter."

The ruling ordered Mr. Kulbashian and Mr. Richardson to each pay $1,000 in fines. The Canadian Ethnic Cleansing Team and Affordable Space.com have to pay a $3,000 fine each. It did not substantiate the complaint against the defunct tri-cityskins.com because there was no evidence it was anything more than the domain name of a Web site.