Is it really any wonder that Judge Mosley completely ignored all our submissions and in his ruling retorted with this dismissive one line answer: “As found by the Tribunal at para 231 of the decision, the conclusion in Taylor on rational connection to the legislative objective still applies. I am of the same view.”
Keep in mind; the application of Section 13 to the Internet was part of HIS legislation (Anti-Terrorism Act). An Act which HE defended to the media and in front of a Parliamentary sub-committee. And it was Mosley that so quickly dismissed concerns about civil liberties over the so-called Anti-Terrorism Act.
- The appeal is allowed and the decision of the Federal Court set aside;
- This Honourable Court declare that sections 13 and 54 (1) and (1.1) of the Canadian Human Rights Act are a violation of subsections 2 (b) of the Canadian Charter of Rights and Freedoms , are not saved by section 1 thereof, and as such, are of no force or effect pursuant to sections 24 (1) and 52(1) of the Constitution Act, 1982;
- An order dismissing the complaint against the appellant by Richard Warman under s. 13 of the Canadian Human Rights Act;
- An order staying the judgment of Mr. Justice Mosley until the final determination of this appeal;
- An order for costs to the appellant of this appeal and below;
- Such further and other order as this Honourable Court may make.