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Your Ward News editor James Sears sentenced to one year in jail for promoting hate

Charlemagne

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Your Ward News editor James Sears sentenced to one year in jail for promoting hate

THE CANADIAN PRESS

PUBLISHED AUGUST 22, 2019

COLIN PERKEL/THE CANADIAN PRESS

The editor of a Toronto-based publication was handed the maximum one-year jail sentence on Thursday for promoting hatred against women and Jews.

In sentencing James Sears, Ontario court Judge Richard Blouin said he would have handed down a much stiffer sentence had the law allowed.

“It is impossible, in my view, to conclude that Mr. Sears … should receive a sentence of any less than 18 months in jail,” Blouin said. “Mr. Sears … promoted hate to a vast audience in an era where online exposure to this material inexorably leads to extremism and the potential of mass casualties.”

The sentencing of the editor of Your Ward News, who had sought to reopen his trial, came after Blouin rejected Sears’ arguments that his lawyer had thrown the case. Sears, 55, who had gone into the courtroom expressing confidence that the case would be again put over, looked stunned at the sudden turn of events and quietly shook his head.

“Don’t worry honey,” he told his wife, who was carrying a child, as officers handcuffed him and led him from the courtroom.

“That’s not right,” one supporter said from the back of the courtroom before leaving in tears.

Blouin had found Sears and Your Ward News publisher LeRoy St. Germaine, 77, guilty in January of two hate counts each.

Evidence was that the free publication was distributed over three years to more than 300,000 homes and businesses in the Toronto area as well as online.

It consistently portrayed women as inferior and as inviting rape. It also promoted tropes of Jews drinking the blood of Christian children and denied the Holocaust occurred. Those themes continued even after the trial started, Blouin noted.

The Crown had called for the maximum six months on each count for a total one year for Sears.

The judge did deny a prosecution probation request to bar Sears from publishing Your Ward News. Such a ban would violate the constitutional right to free expression, Blouin said.

“Mr. Sears should be free to publish whatever he wishes, even if unpopular and objectionable, as long as his words do not offend the Criminal Code,” Blouin said.

After sentencing submissions in April, Sears fired his lawyer, Dean Embry, and attempted to have Blouin reopen the trial so he could call expert witnesses in his defence. Sentencing had been repeatedly delayed as Sears sought to convince Blouin.

In an affidavit submitted to the court, Embry strenuously denied any suggestion he deliberately botched the case, saying he had defended his client to the best of his ability and that his client had accepted his judgments.

“I am proud of the work I did for him,” Embry said.

At the outset of Thursday’s hearing, Sears tried to press his point that Embry had provided ineffective assistance by refusing to call any defence witnesses. Sears said he had gone along with Embry despite his increasing misgivings about the lawyer’s strategy.

“My position is that he’s a lawyer. At the time, I didn’t have the knowledge. I don’t have a God complex,” said Sears, who has repeatedly compared himself to Jesus Christ.

“Is this really just a revisiting of the case?” Blouin asked, saying anyone who loses can blame the lawyer’s tactics.

For its part, the Crown argued in its written submissions that Embry had made a tactical decision that was not now open to the court – or to Sears – to second guess.

Ultimately, Blouin had enough. Sears, he said, had endorsed Embry’s calls.

“Mr. Embry approached the case tactically and professionally,” Blouin said. “This was not incompetence or worse. This was a lawyer doing his job. It just didn’t work.”

Blouin also said he would sentence St. Germaine on Aug. 29. The judge said he had only found out on Wednesday that the publisher was not amenable to a restorative sentencing circle that would have seen him face representatives of his victims.

The Crown wants St. Germaine jailed for a total of six months.

Noah Shack, with the Centre for Israel and Jewish Affairs, called Sears’ sentence a moment of justice.

“Those who promote hatred must be held accountable,” Shack said. “What starts with words can often lead to violence.”

https://www.theglobeandmail.com/amp/canada/toronto/article-your-ward-news-editor-james-sears-sentenced-to-one-year-in-jail-for/
 

steve bettman

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Oct 25, 2007
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I read a few issues out of curiosity some time back.

It seems to me it was clearly satire.

Judge was probably a Liberal.
 

oldjones

CanBarelyRe Member
Aug 18, 2001
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I read a few issues out of curiosity some time back.

It seems to me it was clearly satire.

Judge was probably a Liberal.
If it's a joke to half the people and hateful to the other half, which is it? And it's not as if people got to choose it at a news-stand because they wanted it. He fired it onto 300,000 front-porches of people without giving anyone a choice.

Liberal or not the judge determined that it fitted within the definition of promoting hatred of women and Jews. Even satire can do that.
 

jcpro

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Jan 31, 2014
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I'm a firm believer in the free expression and a jail sentence for expressing it is just wrong in a society that professes to embrace it. And while I do have a problem with delivering unsolicited literature, jailing citizens of a free society for holding objectionable POV is fascism.
 

oldjones

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Aug 18, 2001
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I'm a firm believer in the free expression and a jail sentence for expressing it is just wrong in a society that professes to embrace it. And while I do have a problem with delivering unsolicited literature, jailing citizens of a free society for holding objectionable POV is fascism.
So elect people who invite and encourage unpopular opinions, and tolerate those who think differently than they do, and get that law changed.

But unless you can figure out how to make 100% of the people thoughtful; and rational in what they say, you'll always have a few people saying stupid or evil things that the great majority cannot and will not tolerate. And if the law doesn't deal with them, then angry mobs will.
 

Frankfooter

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Apr 10, 2015
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I'm a firm believer in the free expression and a jail sentence for expressing it is just wrong in a society that professes to embrace it. And while I do have a problem with delivering unsolicited literature, jailing citizens of a free society for holding objectionable POV is fascism.
So you were against Ernst Zundel being punished and supported him in his quests?
 

jcpro

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Jan 31, 2014
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So elect people who invite and encourage unpopular opinions, and tolerate those who think differently than they do, and get that law changed.

But unless you can figure out how to make 100% of the people thoughtful; and rational in what they say, you'll always have a few people saying stupid or evil things that the great majority cannot and will not tolerate. And if the law doesn't deal with them, then angry mobs will.
So, in other words, the tyranny of the majority and a hop, skip and a jump away from the tyranny of the minority. Got it.
 

jcpro

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Jan 31, 2014
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So you were against Ernst Zundel being punished and supported him in his quests?
I and people like me, we have been called worse by better. But, it doesn't mean I want them muzzled. The hate must be in the open, otherwise it cannot be defeated in the arena of ideas.
 

Frankfooter

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Apr 10, 2015
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I and people like me, we have been called worse by better.
And have you told the mods here off for banning people for hate speech as well?
Where have you taken this moral stand of yours?
Did you buy some tiki torches?
 

jcpro

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Jan 31, 2014
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And have you told the mods here off for banning people for hate speech as well?
Where have you taken this moral stand of yours?
Did you buy some tiki torches?
I have never spoken to the mods on the subject of expression. All my comments about muzzling are in the open for all, including mods, to see. Btw, as far as it goes, this site is pretty good for a general discussion. Do I oppose banning? Most definitely, but since some don't know how to use the "ignore" feature, I can understand them stepping in to prevent the site from going completely nuts. I understand, it doesn't mean I agree.
 
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