On Wednesday, May 4, 2022 at 8:54:03 AM UTC-7, BillB wrote:
> On Tuesday, May 3, 2022 at 10:47:12 PM UTC-7, risky biz wrote:
>
> > ~ I haven't been slapped by anything. I proved by quoting the Criminal Code of Canada that you haven't the first clue what you are talking about. There are hate crimes in the Criminal Code, and people can be and have been charged with them.
> >
> >
> > It is more than humorous that you should now assert that when you previously at RGP, on the self-same subject, asserted that there were NO convictions for hate crimes in Vancouver, one of the largest cities in Canada. I repeat - you produce more horseshit than the Budweiser Clydesdales.
> >
> I believe I said I wasn't aware of any. You cited "reports" of 96 "hate crimes" in Vancouver and I asked you to show me a conviction, and you failed to do so. I would have thought that with 96 "reported hate crimes" you could show me at least one conviction....or an acquittal....or at least a charge...maybe even just an arrest?? But you couldn't, as I suspected.
> > ~ And I showed you with my original post why it is ridiculous to count "reports of a hate crime" as a useful crime statistic without any investigation or analysis as to whether a hate crime or any crime motivated by bias [s. 718.2 (a)(i)] actually occurred.
> > >
> > ~ By the way, spitting on someone is not "mischief." Spitting on someone is an assault. An assault is a hybrid offense, and where there is evidence that the assault was motivated by bias, prejudice or hate, the Crown would almost certainly proceed by indictment where the accused would face up to five years in prison.
> >
> > ~ The Civil Rights Act maximum punishments you cited are rather lame.
> >
> >
> > Ooh! Canada more good/better than USA. LOL. Psychological disorder and full-scale delusional.
> >
> Can there really be any reasonable doubt about that?
> > Notwithstanding your devious doubletalk, it appears the only things the Crown could proceed with are either assault or 'communicating statements' that incite hatred. 'Communicating statements' is the only Canadian statute you can hold up in your attempt to claim Canada has 'hate crime laws'. You could outdo a team of Clydesdales.
> >
> No, I gave you one EXAMPLE, because that was all that was necessary to prove your idiotic claim wrong.
~You said nobody could be charged with (much less convicted of) a hate crime in Canada, based on something erroneous you found on some Edmontonian sole practitioner's website (probably written by his assistant). Do you know how many times I have corrected other lawyers on matters of law in court and in the process of case management? It's my job. I am sure it has happened at least a hundred times in the last 30 years.
> > Once again, why don't you contact the Canadian law firm whose webpage I referenced and tell them they have no clue what they are talking about and that they inhabit a bottomless pit of ignorance? This is what you referred to:
> >
> Why would I contact them? You are the one who relied on something you found on their website in a hopelessly lame attempt to contradict me. You are the one who had to suffer total humiliation from that egregious error in judgment. Why don't YOU contact them? I already know what I know.
> > 'Even though there are many acts that are called a ‘hate crime,’ it is not an offence that the police can charge a person with. At most, a person can be charged with mischief but after that, it is up to the judge to decide whether to impose a longer sentence if they believe the crime of mischief was motivated by hate.'
> >
https://www.slafereklaw.ca/when-crime-considered-hate-crime-canada/
> >
> > And, allow me to remind you- they are REAL lawyers.
> As am I. Remember I showed you a photo of my law degree and call certificate when you foolishly called into question my credentials? That must have been a terribly embarrassing moment for you. Now you are back in denial mode again?? LOL Are you even capable of learning?
>
> So your belief is that, for some inexplicable reason, nobody can be charged with the explicit hate crime provision set out in s.319 of the Criminal Code? They can only be charged with "mischief?" And the reason you believe that is because you read it on the internet?
> >They don't spend their days trying to convince half a dozen people at a poker newsgroup that they really are lawyers. Any communication from yourself to them >could result in you yourself being charged with mischief or, even more dire, being detained for psychological observation.
> I don't spend my days doing any such thing. Have you gone into full liar mode now? In the past a few stooges (yourself included) have accused me of lying about my education and experience, so I simply provided documentary proof to these stooges (yourself included). It's no different than hanging my several degrees and call certificates on my office wall.
>
> So, now that we are done with your childish and lame ad hominem, let's get back to the hate crime you claim that nobody can be charged with (based on what you read on the internet...lol). Perhaps you can explain this decision in a rather well known case of a hate crime charge under s.319 of the Criminal Code:
>
> "When one hears the audio tape and the fury and passion in the delivery of these statements, the court is convinced beyond a reasonable doubt that the sole purpose and intent in making these statements was to wilfully promote hatred against people of the Jewish faith within the meaning of section 319 (2) of the Act. To equate a definable group of people to a disease is to dehumanize them, to deny them the basic respect and dignity that all human beings are entitled to and that it is justified to kill or to use the more offensive word, “fried”, is clearly to subject them to being despised and subject to ill treatment even in the extreme such as was demonstrated by the Holocaust. Daily Canadians and our Governments are being urged to eradicate diseases such as cancer, aids, tuberculosis – to suggest that any human being or a group of human beings are a disease is to invite extremists to take action and to give a justification for violence against them. This is precisely why Parliament enacted section 319 (2) and our Supreme Court of Canada declared it as being constitutional.
>
> "Similarly, I totally reject your testimony that your comments on December 13, 2002 were prompted or affected by diabetes, wine or change in medication. Your appearance, demeanor and delivery belie that defence.
>
> "Accordingly, I find you, David Ahenakew, guilty of wilfully promoting hatred against an identifiable group to wit people of the Jewish faith contrary to section 319 (2) of the Criminal Code of Canada." -- per Laing C.J. in R. v. Ahenakew
>
>
> Whoops! Convicted of a hate crime, not "mischief." The difference between you and me is that I know exactly what I am talking about, and you are attempting to argue from your comfortable perch of profound ignorance. Stick to the penny slots. You are trying to punch far, far above your intellectual weight class.
This person was convicted of this:
'communicating statements in any public place, incites hatred against any identifiable group'.
So just as I said earlier in this thread and as the website of the Canadian criminal defense attorney I referenced states the only thing approaching the status of an actual hate crime statute in Canada is one that criminalizes the public propagation of group hatred and in this case, also affirming my assertion earlier in this thread, the statute is applied to someone propagating anti-semitism.
I don't understand why you keep coming back to reinforce the belief that you don't know what the fuck you're talking about and that you're the most prolific liar on RGP but I never claimed to have any psychiatric credentials.
BTW- your attempt to disparage the attorney whose website I referenced must leave a lot of people laughing. It doesn't look like HE spends his days on a poker newsgroup attempting to convince half a dozen people that he really is a lawyer, really has clients, really practices law, and doesn't pretend that the condo he bought 30 years ago for $200,000 is the storm center of a powerhouse legal practice. LOL.
Darin H Slaferek, Criminal Lawyer Serving Edmonton
Darin returned to university following his employment with a utility company in 1996. He graduated from the University of Lethbridge with Great Distinction in 1998. He continued his post-secondary education and graduated from the University of Alberta law school in 2001. After articles with a civil firm, he joined Tatarchuk Olson in 2002, practicing primarily criminal defence. Two years later, he joined Engel Law Office for one year and continued his criminal defence practice. Currently, Darin continues his practice in Edmonton, keeping his focus on criminal defence work, overseeing and handling all criminal cases at Slaferek Law.
Darin appears regularly at all levels of court and has argued before the Supreme Court of Canada. Also, he appears in courthouses located all across Alberta, Saskatchewan, British Columbia and the Northwest Territories.
Darin is on the Board of Directors of the Parkinson Association of Alberta. He is a past President of the Western Canadian Disabled Fishing Association, past Director of the Canadian Paraplegic Association, and a past Director of the Edmonton Gun Club.