So Much For Double Jeopardy

A nice double dip from Canada’s two courts.

REGINA — A Regina man charged under the Criminal Code for alleged posting Internet messages that are hateful against an identifiable group has had his case adjourned to May 28.

Terrence Cecil Tremaine, 59, appeared in Regina Provincial Court on Tuesday. The former lecturer at the University of Saskatchewan is alleged to have made the posting between Feb. 1, 2004 and Nov. 1, 2007.

In early 2007, the Canadian Human Rights Tribunal ruled Tremaine had violated the Canadian Human Rights Act for his postings to a white supremacist Web site.

The tribunal ordered Tremaine to stop disseminating such messages and pay a $4,000 fine.

The rest.


It’s been pointed out to DWE that this isn’t double jeopardy, and that we got the dates wrong. Oh?

We’ll hold your hand this time, but from now on do your homework. Try to keep up. We’ll use boldface to help you out:

Warman v. Tremaine, complaint filed October 13, 2004:

[33] In the present case, there is no evidence that the Respondent was caught by surprise by the introduction of the evidence. The evidence was disclosed to the Respondent prior to the hearing and he admitted that he was the author of these postings. These postings are sufficiently similar to the allegations in the complaint, such that it does not effectively constitute a new or separate complaint. The Tribunal therefore rules that the post-referral evidence was properly admitted…

[68] On January 17, 2005, the Respondent posted the following…

[69] The next posting put into evidence appears in early February 2006, ten months after the complaint was served and some five months after the letter of “apology” referred to earlier in this decision…

[70] In the next posting, dated February 27, 2006, the Respondent asserts…

[71] On May 8, 2006, the Respondent’s attacks become more spiteful…

[72] Then on June 27, 2006, the Respondent proposes…

[73] In another posting on July 8, 2006

Had enough, legal eagles? And so…

[Feb 2, 2007] 2 Terry Tremaine shall pay a penalty in the amount of $4,000. Payment of the penalty shall be made by certified cheque or money order, payable to the “Receiver General for Canada”, and must be received by the Tribunal within 120 days of Mr. Tremaine’s being notified of this decision.

And then, January 24, 2008

Police allege web postings dating back to 2004 violate a section of the Criminal Code dealing with promotion of hatred.

Police allege that between Feb. 1, 2004, and last Nov. 1, Tremaine promoted hatred against an identifiable group via internet postings.

Outta be a slam dunk for the cops. The other court of Canada already did the investigation and used the evidence to fine him for a human rights violation. Think that might carry some weight against him this time?

And yeah, we know, one’s a human rights commission, and one’s a court. Still reeks of double jeopardy to us.


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