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Cuilcagh 665m,
Benbeg 539m,
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Autumn in Wicklow
Forum: General
3 days ago
A beautiful walk through Cloghleagh Woods Co Wicklow in November 2019
Galtymore from the South x3
Track 4238
3 days ago
Walk completed on 15 June 2019. Started from car park at Black Road at R89306 20345 and went up the usual route to G... walk, Len: 31.9km, Climb: 1969m, Area: Galtybeg, Galty Mountains (Ireland) Ga||
Slievenamon: Cloud inversion
Summit Comment
4 days ago
Slievenamon above a cloud inversion, from Crohan West, Knockmealdowns
Cleat: Pink 'Skye' at morning
Summit Comment
4 days ago
An early morning mountain view from the incredible Quiraing on the Trotternish Ridge, Isle of Skye. In the distance is Cleat Hill with a snow-frosted Bioda Buidhe in the background.
Tonelagee Hiking
Track 4237
5 days ago
- Trekking the Glenmacnass River north was required in order to find a safe crossing point due to recent rainfall walk, Len: 15.2km, Climb: 575m, Area: Tonelagee, Dublin/Wicklow (Ireland) Tonel...
Crohan West: Sun and fog
Summit Comment
4 days ago
Approaching Crohan West from the North to begin a circuit of the hills, I spotted the sun just breaking through the fog that filled the valley. As I climbed higher, I could see the Galtees, Slieve...
OpenTopoMap layer...
Forum: Suggestions
Peter Walker
5 days ago
Hi folksIf you are experiencing issues using the mapping on the site, please select something other than OpenTopoMap for the time being; it's experiencing performance issues that are beyond the co...
Cuilcagh via Benbeg
Track 4236
Peter Walker
5 days ago
walk, Len: 10.8km, Climb: 443m, Area: Cuilcagh, Breifne (Ireland) Cuilcagh, Ben...
Crenville: Welcome to Cruelville
Summit Comment
a week ago
Some people might say that there's no such thing as a bad mountain or hill, but on a wet and gloomy November day it was hard not to think that Crenville is the exception to the rule.Despite the we...
Sgurr an t-Searraich: Viewed from Allt a'Chruinn path
Summit Comment
a week ago
Sgúrr an t-Searraich from Allt a'Chruinn path
5 Sisters of Kintail
Track 4235
a week ago
The Five Sisters of Kintail, Sgùrr na Ciste Duibhe, Sgùrr na Càrnach, Sgùrr Fhuaran, Sgùrr nan Saighead and Sgùrr... walk, Len: 15.2km, Climb: 1494m, Area: Beinn Odhar, Loch Duich to Cannich (Bri|...
Sgurr na Moraich: Summit Cairn
Summit Comment
a week ago
Summit Cairn Sgurr na Moraich
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Video display
Cuilcagh Mountains
More detail
Place count in area: 14,
OSI/LPS Maps: 26, 27, 27A
Highest place:
Cuilcagh, 665m
Maximum height for area: 665 metres,
Maximum prominence for area: 570 metres,
Places in area Breifne:
Knockninny Hill 191m
Slieve Rushen 404m
Cuilcagh Mountains:
Benbeg 539m
Cuilcagh 665m
Mullaleam 424m
Cuilcagh Mtns:
Benaughlin 370m
Iron Mountains:
Bartonny Top 411m
Benbrack 502m
Benbrack NE Top 496m
Benbrack W Top 463m
Bencroy 518m
Knockacullion 562m
Slieve Anierin 585m
The Playbank 542m
Note: this list of places includes island features such as summits, but not islands as such.
Centre on map.
Binn Chuilceach
A name in Irish
(Ir. Binn Chuilceach [DUPN], 'chalky peak')
County Highpoint of Cavan & Fermanagh
, in
County Highpoint, Arderin, Vandeleur-Lynam, Irish Highest Hundred
, Cyclothemic sandstone, siltstone, coal
OS 1:50k
Mapsheet: 26
Grid Reference:
Place visited by
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I have visited this place:
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More detail
Longitude: -7.811444, Latitude: 54.200972
, Easting: 212356, Northing: 328017
Prominence: 570m
, Isolation: 2.6km
, Has trig pillar
, GPS IDs, 6 char: Clcgh, 10 char: Cuilcagh
Bedrock type: Cyclothemic sandstone, siltstone, coal, (Lackagh Sandstone Formation)
Cuilcagh lies on the Shannon-Erne watershed. The Shannon rises on the north-western slopes of Cuilcagh at Shannon Pot, a steep-sided pool where the underground river emerges. Strictly speaking, there are streams a mile or two further uphill. Originating in Ulster, the Shannon's journey through this province lasts less than ten miles, before it enters Connacht. It forms the boundary between Connacht and Leinster for much of its length, and ultimately meets the sea in the province of Munster. Thus it is both a boundary and a link between all four provinces of Ireland. In fact, it even formed the western boundary of the ancient fifth province of Meath. Around Cuilcagh there is a belief concerning the 'Northern Shannon', an underground river that supposedly connects the waters at Shannon Pot to the River Claddagh, which emerges at Marble Arch Caves and then flows into the Erne. If Cuilceach genuinely is a variant of cailceach, 'chalky', the name is rather puzzling, as the mountain consists predominantly of sandstone and shale, covered with much bog and heather. Where the rock does outcrop, as at the summit cliffs, it is mainly grey. However, it is possible that the name refers to the limestone rock on the lower northern flanks. Here a number of streams disappear below ground at swallow holes named Cats Hole, Pollawaddy, Pollasumera and Polliniska, all forming part of the Marble Arch cave system. If so, the name would mean 'calcareous' rather than 'chalky'. Cuilcagh is the highest mountain in the Breifne area and the 170th highest in Ireland. Cuilcagh is the highest point in county Cavan and also the highest in Fermanagh.
Linkback: https://mountainviews.ie/summit/165/
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Picture from kernowclimber : Lough Atona
Lough Atona
North and South: Geopark odyssey
1 Aug 2011
Cuilcagh is the only county top to straddle Northern Ireland and the Republic of Ireland and, lying on the boundary between counties Fermanagh and Cavan, is also part of the world's first international Geopark: the Marble Arch Caves Global Geopark (2008). Cuilcagh's distinctive table top plateau is comprised of gritstone, uncommon in Ireland, eroded into dramatic cliffs and rugged rocky outcrops that sweep down to lower sandstone and shale slopes which tail off into large expanses of upland blanket bog. Below this is limestone, with its mysterious sinkholes and extensive cave systems. In view of the turbulent past of this area, the Geopark is a fine example of cross border co-operation and peaceful coexistence using the landscape as a vehicle for recreation, education and reconciliation.
The day held little promise, with rain in the air, oppressive with humidity and the pungent smell of turf, as we set off up a track at
towards Benbeg. Three figures moved steadily out on the bog, hurriedly loading bags of peat into a tractor trailer, as we left the track for steep ground skirting the edge of forestry. Thick mats of sphagnum moss entangled with heather and bilberry made the going tough. Above the forestry we traversed the edge of a corrie with steep shaly slopes of honey coloured rock beneath Benbeg. The summit is unremarkable with no cairn, but the views compensate, especially the long sweeping ridge we were to cross, with Cuilcagh at the end, moody and shrouded in cloud.
Gaining the ridge involved traversing undulating boggy ground, picking a way through a maze of eroded peat hags, then a short scramble over gritstone outcrops. On the ridge the sun broke through the cloud with almost supernatural radiance, illuminating Cuilcagh's trig point that protruded from its distinctive mound, resembling the breast of a slumbering mountain goddess. The wind driven mist billowed like smoke up over the sheer cliff edge. The rocky summit plateau is a delight. Outcrops of gritstone are weathered into intricate patterns, some slabs of it encrusted with quartz pebbles from an ancient deluge. Strange crevices, 20 ft deep that disappear, choked with glacial debris, before reappearing, harbour huge ferns.
The cloud had now lifted, offering fine views of cornflower blue Lough Atona nestled at the foot of craggy cliffs set amid the russet and green of bog and heather. Towards the NE were small hills, ancient limestone reef knolls, and near pristine blanket bog with pools of water that sparkled merrily in the feeble sunlight.
To avoid the same return route, we scrambled down a steep cliff gully
, heading across uneven boggy ground of reeds and knee high heather, jumping several small streams, for the edge of the forestry below Benbeg. At
we crossed a barbed wire fence by a tree stump, using forestry paths to return to our car, grateful for our 12 km odyssey through part of the North and South's acclaimed Geopark.
Linkback: https://mountainviews.ie/summit/165/comment/6447/
Your Score: Very useful <<
Picture from gerrym : Cuilcagh from Benbeg
Cuilcagh from Benbeg
gerrym on Cuilcagh, 2006
1 May 2006
Climbed 5.6.04 starting at Cuilagh Mountain Park near to Marble Arch Caves (
). There is a large sink hole here but very difficult to see down into due to vegetation. Cross stile and follow track. Just after crossing bridge take "floating path" off to right, this soon ends but continue in westerly direction to pick up course of Sruh Croppa River after half hour. Follow winding course of river through gully with nice waterfall and past some ruined settlements. As near summit of Tiltinbane (596m) climb away from river to the right to avoid steep gullies. Follow fenceline up to the summit - the final section is quite steep and may require use of hands. A depression next to summit cairn is perfect shelter for a brew. There are extensive views from the summit ridge - north and west towards Sligo Bay and big hills which i think were the Nephin Beg Mountains in Mayo and south over Iron Mountains. Follow path which keeps close to northern cliffs, passing fissures in rock and Lough Atona ,reaching large summit cairn after 1.5 hour walk along summit.
Had intended to return by Ulster Way between Trien and Benaughlin (marker posts just visible) but shortened journey by heading north over moor following river courses back to the track at the bridge. A long walk at 6.5 hours but rewarding with plenty of interest and some good views.
The approach from the S via Benbeg is perhaps more rewarding - it cuts out a long approach through moorland and has a fine sweeping ridge with a very different perspective on the mountain (see Benbeg for this walk).
Linkback: https://mountainviews.ie/summit/165/comment/995/
Your Score: Very useful <<
donieg on Cuilcagh, 2008
30 Apr 2008
Climbed Benbeg and Cuilcagh yesterday 29.04.2008. Weather was fine with very good visability, this is an ideal medium effort walk for walkers who have about 3.5 -4hrs to spare. I parked my vehicle at
in the townland of Altachullion Lower in the Bellavally Gap. There is a gate at this point (not locked) with a gravel track leading up to a telecommunications mast at
. It is possible to drive up to the mast which leaves a short climb to Benbeg at
or you can walk up the track to the mast and climb on to Benbeg. I then treked around to the summit onCuilcagh, visibility was excellent with great views all the way, however if the cloud was low or in misty conditions this trek could be more dangerous as the route is along a sheep track with a dangerous d rop on your right hand side as you walk towards Cuilcagh. With this in mind I took some grid references along the route which may be usefull to a person to navigate in bad visibility - Starting at Benbeg - on to
on to
on to
on to
on to
on to
on to the summit of Cuilcagh at
. I give these reference points as I noticed CSD (experienced walker) in his comment of 22.10.2006 spoke of going off track twice by up to 90 degrees between Benbeg and Cuilcagh in low visibility - a sobering thought considering the steep drop previously mentioned. The views from Cuilcagh on 29.04.2008 were well worth the effort getting there, trekked back to my vehicle via Benbeg. I recommend this walk for somebody that has about four hours to spare and a not too difficult climb.
Linkback: https://mountainviews.ie/summit/165/comment/3074/
Your Score: Very useful <<
Absalon on Cuilcagh, 2002
22 Oct 2002
One of the finest walks on Cuilcagh is from the townland of Eshveagh(
) to the Black Rocks(
). Map OSNI Sheet 26. Take the narrow straight road opposite (nearly) Glengevlin church. Half a mile on at a bend go through a gate on the R. Minutes later muddily ascend on the L into a field and veer to the R until you reach a barbed wire fence. Follow this until you reach a gate. Enter a narrow enclosure that has an earthen bank running along the centre. Follow the bank which will eventually bring you out on the heathery hillside where there is a primitive path that is difficult to find. However aim for the grassy ridges under the cliffs of Tiltinbane and when there,ascend steeply to the R or the L of the cliffs.There is a damaged megalithic tomb a little N of the highest point. A fine ridge stretches NE for 2-3 miles to Cuilcagh (or the Monument as it is locally known). Boggy ground is largely replaced by stony terrain with cliffs on the N side and limestone fissures on the ridge. From Cuilcagh descend SW to a boggy ridge,then veer S to Benbeg(539 on map). After Benbeg turn L rounding the cliff and descend with the forest on your L to a rough road which leads R to the main road R200 and the Black Rocks.
Linkback: https://mountainviews.ie/summit/165/comment/172/
Your Score: Very useful <<
Mountain Walking Route (from Marble Arch) Closed
1 Apr 2011
I am/was planning to walk Cuilcagh this weekend from the North via Marble Arch or Florence Court (9th/10th October 2010) however I just noticed this on the Marble Arch Caves website:
Published on:17 Sep 2010
Cuilcagh Mountain Walking Route Closed
Unfortunately due to a recent landslip, the walking trail to the summit of Cuilcagh Mountain at the end of the 4km vehicular gravel stone track within the Cuilcagh Mountain Park will be closed until further notice.
So, you (and I) may need to consider an alternative route. I have sought clarification and will update this comment if I hear more.
** UPDATE (1st April 2011 - no joke!) **
A visitor to my blog posted the following comment on my Cuilcagh piece.
"with talk of landslides and forestry work I asked WalkNI for their advice on a straightforward route to the top. Their advice was as follows:
The official answer is that the main route from the Marble Arch Geopark car park is still closed due to a landslide affecting a bridge, but it is known that people are still accessing the mountain from here by by-passing the bridge at their own risk. Another route that you could take would be from the Gortalughany Viewpoint carpark. Take the A32 south, ignore signs for Florencecourt and Marble Arch Caves, lookout for turn on Right signposted 'Gortalughany viewpoint'. Follow this narrowing and steepening road to the car park at the top beyond a small, disused quarry.
From there, walk along the road then turn right towards the gate and follow this track in. Continue along the path to the limestone grassland at Leggacurragh, join the Hiker's Trail by following the path to the west side of the valley, just by the information sign. Look for the waymarker post with Ulster Way signs and proceed from there! The last section of this route is very steep though so be prepared! Take an OSNI map too as when there is low cloud, waymarker posts cant be relied on due to low visiblity. Enjoy your walk!"
This is the map I'll be using, the vieing point mentioned can be found in the South East of the Map:
Thanks to "Trailtrekker" for the comment.
Linkback: https://mountainviews.ie/summit/165/comment/6125/
Your Score: Very useful <<
Picture from Bleck Cra : Wrapped in Blanket Bog
Wrapped in Blanket Bog
Bleck Cra on Cuilcagh, 2005
Bleck Cra
1 Nov 2005
Cuilcagh is sulky. Set amid a demented geology of flint-hard upcrops and punctured limestone downdrops, it rides an undefined bog track between Fermanagh Lakeland and Free State moorland, middle-distant coastland and edgy Border badland. And the common denominator that binds all its diverse little bits is …… water; lots of it. In fact, I suspect all the seven seas of planet earth drain into Cuilcagh. Evidence? I was there on Saturday! Cra has been snared - by a Spartan Red Sock, one of the numerous upshots of which was to join this cheery troupe of sauntering track rats on their entirely unexplained outing to "Sulky": unexplained that is, until we got dried out and into many hours of Halloween revelry in the Carry Bridge. Not built for speed - but these boys ARE built for stamina. Cuilcagh sloshes around on the Fermanagh Cavan border, Vistas to the western coast, south to The Iron Mountains and inland to more water are allegedly stunning. Sadly on this jaunt, all stunning was effected on bum bones when fleeing heels regularly brought bog and buttock into crunching contact. The track is so damp in places that the good people of some outdoor philanthropic persuasion have underlaid it with black plastic to give you some chance of progressing ahead rather than down. The thing about Cuilcagh bog is - it is an unique pristine blanket bog, uncut, untouched - made by nature, with springs meandering through it, ecosystems living in it, the Autumn remnants of fantastical flora soaking in it, a siren to bog-fanciers - and a must, to be continued in the heat and relative drouth of next summer. Follow your nose from Lisbellaw to Belcoo and pick up the Cuilcagh carpark enroute. Thanks to the Red Necks for a great day.
Linkback: https://mountainviews.ie/summit/165/comment/2027/
Your Score: Very useful <<
COMMENTS for Cuilcagh
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(End of comment section for Cuilcagh.)
Some mapping:
Open Street Map
(Various variations used.)
British summit data courtesy:
Database of British & Irish Hills
(Creative Commons Licence)
MountainViews.ie, a Hill-walking Website for the island of Ireland. 1100+ Visitors per day, 2100 Summiteers, 1300 Contributors.


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Jayme Swalby's master-class about the early intervention programmes held together with Kathleen "Mo" Taylor.
Jayme Swalby - Special Education Teacher, Senior Programme Therapist, Parent Home Training Programme, Camp Rising Sun, Autism Programmes at the Centre for Development and Disability, University of New Mexico, USA.
Kathleen "Mo" Taylor - Occupational Therapist, Autism Programmes at the Centre for Development and Disability, University of New Mexico, USA.
The Naked Heart Foundation is a registered charity in the UK and the US and a non-commercial organisation in the Russian Federation.
UK: The Naked Heart Foundation is a company limited by guarantee incorporated under the laws of England and Wales on 26 June 2007 with company registration number 6293334. It is registered with the Charities Commission of England and Wales under number 1122345. VAT number: 121271658.
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Russia: The Children's Relief Foundation "Obnazhennye serdtsa" is a non-commercial organisation without membership established in accordance with the Civil Code of the Russian Federation on 20 April 2005 in Nizhniy Novgorod and The Children's Relief Foundation "Obnazhennye serdtse" established on 6 December 2010 in Moscow.
2019 Copyright © Naked Heart Foundation
Developed by Atomate | Design by Alan Binding @ HAVAS

subset: commoncrawl


text:
NEW YORK ( ) – The U.S. dollar gained on Thursday for the first time in a week, albeit modestly, as the pound stalled at lower levels ahead of a vote to extend Britain's March 29 deadline for exiting the European Union.
The pound was down 0.54 percent at $1.3266 in afternoon American trade as Prime Minister Theresa May piled pressure on rebel lawmakers on Thursday to back her battered European Union divorce deal as parliament prepared to vote on seeking a delay to Britain's departure that could ultimately derail the process.
A day earlier, the British currency soared nearly 2 percent and reached nine-month highs after lawmakers voted against a potentially disorderly "no-deal" departure from the EU.
Analysts cautioned against putting large positions on sterling due to lingering uncertainty about Brexit.
"With the uncertainty around (Brexit), it's not a time … to take sizeable positions. The risk/reward still favors waiting for some clarity," said Charles Tomes, senior investment analyst at Manulife Asset Management.
The dollar index, a gauge of its strength against six other major currencies, was up 0.22 percent at 96.757. It had fallen overnight, at one point brushing a nine-day trough of 96.385.
The number of Americans filing for unemployment benefits increased more than expected last week, suggesting the labor market was slowing, but probably not to the extent implied by a near-stall in job growth in February.
Other U.S. data showed import prices in February rose by the most in nine months. Still, the inflation trend remained weak as import prices dropped on a year-on-year basis for a third straight month. The data remained supportive of the Federal Reserve's pledge to be "patient" before raising interest rates.
"In the foreign exchange market overall there's not a lot of conviction" at the moment, said Tomes. "Volatility is low and people don't want to put on sizeable positions either way."
The Australian dollar AUD= fell to its lowest in three days after reports that China and the United States had delayed a meeting to end their trade war. The meeting between President Donald Trump and President Xi Jinping will not occur this month and is more likely to happen in April at the earliest, Bloomberg reported. It was last at $0.7061, down 0.54 percent on the day.
Investors are worried that any escalation in the trade conflict will pummel export-oriented economies like Australia, whose biggest trading partner is China. The yuan was relatively stable in the offshore market, down 0.31 percent at 6.7230.


text:
"The story isn't over. There are still prophets in our midst. There are still dragons and beasts. It might not look like it, but the Resistance is winning. The light is breaking through."
– from "Resistance Stories," in Inspired
UPDATE June 12, 2018: The Pre-order offer has ended but the life of the book has just begun. Thank you for your interest!
We're still a few weeks away from the release of my new book, Inspired: Slaying Giants, Walking on Water, and Loving the Bible Again, but today I wanted to let you know about a generous pre-order incentive offered by my publisher.
If you pre-order Inspired before June 11, and submit proof of purchase, you will receive:
- The 40-page Inspired Reading Guide (PDF), written entirely by me, which includes questions for reflection and discussion, ideas for creative engagement with the relevant biblical texts, and loads of additional resources. (If you're considering reading this book with a group, I wrote this with you in mind.)
- Two audio chapters from Inspired (MP3), including a creative reflection imagined from the perspective Hagar, an important female figure in the book of Genesis.
- Three GORGEOUS prints created by Connie Gabbert (PDF), the artist who designed the cover of Inspired. The prints feature two quotes from the book and also my "life verse," Proverbs 27:14—"If anyone loudly blesses their neighbor early in the morning, it will be taken as a curse."
In addition to all of this, Barnes & Noble sweetened the deal by offering an exclusive, limited run of autographed copies, available for pre-order.
All it takes is two steps:
1. Pre-order.
2. Submit proof of purchase to redeem the offer.
I confess I'm really eager to see how you respond to this book. It's unlike any other I've written, for in addition to memoir, it includes original poetry, short stories, soliloquies, and even a short screenplay, all aimed at engaging your questions, doubts, ideas, and imagination as you wrestle with the Bible along with me.
So read with an open and curious mind.
Read with your skepticism and your imagination engaged.
Read expecting dragons.
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© 2018 All rights reserved.
Copying and republishing this article on other Web sites without written permission is prohibited.


text:
Sometimes the inevitable happens. You break out in a rash. Your kid takes a big fall. You just don't feel well. Sometimes you can't wait to see your primary care physician. Providence Grant Creek Walk-in Clinic treats minor illnesses and injuries when you need care right away—no appointment needed.
You don't have to be a Providence Medical Group patient to walk into our clinic. But if you are, we'll give your regular provider updates from your visit.
Stop by and get urgent care for whatever is ailing you. We're open evenings and weekends.
An easy guide for parents; make sure your kids are up to date on their immunizations.


text:
Good news for pet owners in Little Italy: the downtown neighborhood is getting a dog park.
The field connected to Washington Elementary School is already used by many dogs and their owners.
Now, the San Diego Unified School District and the Little Italy Association have new plans to split the field at Amici Park on Date Street in half and fence off the southern half to use as a permanent dog park.
That way the four-legged furries can still use the field during school hours and the school avoids the health and safety issue of having dogs and children so close.
"It's fantastic," said Little Italy resident Marc Crawford. "It's a huge amenity for Little Italy and for all of downtown to have an accessible dog park … It's great for me. It's close and it's a great opportunity to meet new people and meet new dogs."
A nearby historic home will be converted into a public restroom for the park and the Little Italy Association will maintain and run it.
Officials plan to have the new dog park open before 2020.
The park will help accommodate the estimated 2,000 dogs in the Little Italy neighborhood.


text:
The Office of Career Services organizes one day workshop on How to Manage Exam Stress to assist students how to manage anxiety during the exams and find quick ways to help eliminate exam stress.
Course Description
Exam season can bring on levels of stress and burnout that can hinder the studies. Exam stress affects most students in varying ways. It is important to manage this stress and find little ways of helping to eliminate the risk of burnout.
For some students, exams can be a breeze; revision is second nature to them and they could ace an exam with their eyes closed. But for others, sweaty palms and heart palpitations are just a part of the territory, and it seems that nothing is more impossible than sitting down and revising.
During the workshop students will be familiarized with some handy tips on how to deal with anxiety and stress.
Upon successful completion of this course, the participants will be able to:
-Understand how to reduce the stress level.
-Comprehend on managing anxiety.
-Be able to identify the risks of burnout and its elimination.
-Understand the stress response
Learning Outcomes
-Know how to manage exam stress during their education at university
-Be able to identify the risks of burnout during exam and find ways how to eliminate them
-Will understand how to control heart palpitation and depression
Who should attend?
This course is suitable for all students and alumni that would like to reduce their stress level and manage their anxiety during the exams


text:
Welcome to WebmasterWorld Guest from 22.214.171.124
Forum Moderators: rogerd
Believe it or not, HD DVD is one of their sponsors. Its rumored Google has gotten involved trying to stop the bleeding. People are posting the number in threads as if its a signature. Digg is pleading them to stop.
They are taking bets how long the site will be up. People keep digging the number. They're making posts saying the number in as many ways that they can think of.
you're right. I was there when...
Cat's out of the bag for good.
It appears Google may be trying to remove it from their results - somebody claimed 300,000 Google references to "the number", but I am only seeing about 21,000, so I wonder if they've been successful at eliminating ~280,000 references?
This is probably the Internet meme of the year. People are using any means possible to get "the number" to show-up in as many places as possible in as many forms as possible. Domain registrations, user names on social networking sites, blogs, etc. etc. etc. And, yea, mugs, T-shirts and bumperstickers... v
[edited by: jtara at 3:03 am (utc) on May 2, 2007]
DVD key T-shirts, Mugs, and Bumper stickers!
diggs got a social disease. I'm amazed they haven't taken it totally down, at least for awhile. I think were going to be seeing this number, everywhere. I know digg.com wrote at least ONE webpage on it as a statement. I had it but can't find it.. Lawyers are FURIOUS about the whole thing.
Could be, (this is not bump :)
I wish I could post it in more forum area to let people watch. I posted on most of my faves that dwasn't talking about already, like #*$! was. I saw it open up at about 4 pm est today.
ah well, amusing all the same
can't we get a catchier title on this thread like "digg digs drm" ;)
appears Google may be trying to remove it from their results - somebody claimed 300,000 Google references to "the number", but I am only seeing about 21,000, so I wonder if they've been successful at eliminating ~280,000 references?
Sorry, I goofed. I entered the number with dashes between the hex groups. That comes up with 21,000. Take out the dashes and you get nearly 300,000 pages.
There are two stories here: the agressive distribution of "the number", and the apparent (past) censorship of critical articles by digg - not just those containing "the number" but those merely critical of digg management - and not just on this particular topic.
The latter is critical for a site that purports at it's very core to be constructed of pure democratic principles.
Clearly, digg currently has no control over this phenomena, either because it is too overwhelming or because they have now (at way too late a date) backed-off.
It will be interesting to see how digg deals with it (Shut down for a period? Shut off new registrations? Management review of every new article? The situation just burns itself out?) and what is left of digg when it's over.
I wonder why they even bothered, the titles have already been cracked and appeared on p2p so anyone that wants them illegally is going to have access to them eventually. Truthfully the only people that will find that useful are ones that already own a copy.
I've been seeing lots of dodgy users who digg stories more often than there are hours in a day...and Digg let them live. I bet they lost control of the bots long ago...
Maybe Digg is trying to analyze how they are being owned so they can write code to shut it down. If they just remove all those stories, they may be less able to figure out patterns of bots.
That's just my speculation. Maybe this revolt really is tons of people getting together...but I think a vocal minority has a lot more power in social networks, in forums, etc than people think...often the crowd is so dumb they will just follow if a few big shots lead the way.
Funny, this kind of thing has spoiled many a forum. And there have been several essays on psychology describing how this will happen over and over again in a forum. Didn't expect Digg to fit that model...
I can't wait to see where this goes/how this could play out. I mean, will they kick me and 4,000 others out for voting this stuff up?
Is this really a mass revolt?
I believe so and goes much deeper than what you see happening on digg. As more consumers are becoming aware of DRM (some of them painfully) they aren't liking what they are seeing. As far as that goes this is just the tip of the iceberg IMO.
Is it that you're buying a DVD and can't copy it? That's enough to have a revolt like this? I mean, they were threatened with legal action. Are they really the enemy? They aren't making the DRM themselves...
The little I've read about DRM, I agree the corp.s are full of it, but I wouldn't blame Digg for their actions. I don't think Kevin is evil because he caved... It's just business.
Also, how long can you/the community keep this up? Wouldn't it get boring after a few hours?
Simey, you made me smile. Well said. :)
[edited by: Clark at 5:48 am (utc) on May 2, 2007]
I've read a couple of other stories now too. You may be right. This could get bigger.
If I were Wikipedia, I'd be worried. They locked the page on that topic up. Imagine if people starting inserting the number randomly throughout their site...
comment from digg
Duplicity. In spades.
It's a safe position to take - at this point. Cat's out of the bag, can't put it back. No legal threat any more.
BTW, digg.com is down again, this time with a "we'll be back soon, we're making some changes" message.
I think I'll head over to the TPB boards and see what the opinion is among unabashed pirates.
DRM is silly, I really don't like the idea of a series of numbers crippling expensive hardware.
joined:Dec 29, 2003
votes: 0
I see Digg's view but the mob wins.
Since you're part of the revolt, I'm just curious, why are you mad?
If that was directed at me I'm not mad, i do it the old fashion way and vote with my wallet. The only media i have payed for in the last ten years are used CD's... and no i don't pirate or download anything either although i have a strong background in video so copying anything is a trivial matter for me.
Is it that you're buying a DVD and can't copy it?
I think its the culmination of many things, the fact that you have to jump through a thousand hoops to copy something has really become a thorn in the side of many consumers and is just the beginning. Read around and you'll find the likes of the MPAA and RIAA attempt to stifle many types of technologies, if they had it their way you would have never known what a VCR is.
I respect the rights of content owners to be able to protect it and set whatever stipulations they want but I and many consumers are coming to the conclusion it's too much.
Their business model in the past has been to sell you the same thing over and over. How many different formats of your favorite album have you owned? The Internet and digital media broke that business model and DRM is the only way they can hang onto it. The kick in the teeth is they also want to add more restrictions such as the tunes you download that can only be played on the device they were downloaded too.
As far as the takedown notice as I mentioned in my other post that number has been available for months and I just checked where it was originally posted and it's still there. Perhaps that website is outside of any US jurisdiction. Still sounds to me like they just caved.
Whatever the case that is how their community feels and if you run a user contributed website you are well aware you don't want to p*** the natives off... :)
[edited by: rogerd at 6:12 pm (utc) on May 2, 2007]
[edit reason] no specifics or URLs, please [/edit]


text:
|Ning De City Tian Qiang Foods Co.,Ltd
Browse By Category:
|canned fish(6) , Frozen fish(34) , Instant vegetable soup(5) , canned mushroom(2) , shrimp(2) , canned meat(6) , Dehydrated vegetable(4) , energetic drinks(1)
canned stewed clam
|Product Name:
|canned stewed clam
|Product Origin:
|Detailed Product Description:
Fu jian Province Ning De City Tian Qiang Foods Co.,Ltd is the registered company of HACCP Which are major in processing all kinds of Sea Foods(The Shell Fish, Flying fish Roe, Sea Urchin Roe,Mushroom,Frozen Litch and the Sea Products, Meat Products, fruit and Vegetable Can,Salted Mushroom, Dehydrated Shrimp and Dehydrated Razor-clam,The Shrimp Meat,The crab Meat,The Tillipa Fish Fillet,The fish meat sausage and vegetarian diet sausage which are the first products in domestic. Our products are sold to the USA, Canada,South Of America,Japan,Hong Kong and the other country and area.
|Related Products of This Company
Ning De City Tian Qiang Foods Co.,LtdContact Person : Mr. Lin
|Email this pageBookmark this page


text:
" href="/kbb.htm">
* Although every reasonable effort has been made to ensure the accuracy of the information contained on this site, absolute accuracy cannot be guaranteed. This site, and all information and materials appearing on it, are presented to the user "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. All vehicles are subject to prior sale. Price does not include applicable tax, title, and license. Not responsible for typographical errors.
* In transit means that vehicles have not yet arrived at your dealer. Images shown may not necessarily represent identical vehicles in transit to your dealership. See your dealer for actual price, payments, final accessories, expected delivery date and complete details.
Welcome to Maita Subaru
Find New Subaru Models, Used Cars, Auto Financing, Parts and Service in Sacramento near Roseville & Carmichael
Conveniently located in Sacramento, CA and proudly serving the Roseville, West Sacramento, Rancho Cordova, Davis, and Carmichael areas, our Subaru dealership is your number-one stop for anything you need for the road. From brand-new Subaru models to a wide selection of used vehicles, to all kinds of parts, service and auto financing to get you started, we offer the whole deal. And you'll love the way you're treated in a pressure-free environment while working with friendly, experienced and knowledgeable staff members. Visit us today at 2912 Auburn Blvd., Sacramento, CA and get started.
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text:
As an Ubuntu user, surely you're familiar with Apt-get. However, it's slowly being phased out in favor of the new Apt. Here's how Apt differs from the Apt-get.package
Tasksel: Easily Install Group Software in Linux
"Apt-get" may be the default installer in Ubuntu, but when it comes to installing large sets of software, it can be really slow and obsolete. Fortunately, there's a "tasksel", which is just like a "apt-get for apt-get".


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Sometimes in Southern California we get weeks of heat in October, when it should be feeling more like fall. In our previous energy saving blogs we have discussed FAST AND FREE SUMMER CONSERVATION TIPS and INEXPENSIVE ENERGY SOLUTIONS, this time we want to discuss some good energy saving investments.
Here are some energy saving investments you may want to consider to save money on your electricity bill and conserve energy.
Install a whole house fan
If you don't own an air conditioning unit, installing a whole house fan is a good alternative. It might not cool as good as an air conditioning unit, but the costs of purchasing and installing a whole house fan is cheaper than an air conditioning unit. Whole house fans typically use one-fifth to one-tenth of the electricity an air conditioning unit would use. Some utility companies offer rebates for having a whole house fan, so you should check with your local provider to see if you qualify for a rebate.
Install window shading
Window shading is a great way to block out the sun's heat from entering your home. This can definitely make a difference when it's hot out. For best results, make sure the shade is as close to the glass as possible. There are different styles and types of window shading out there, so it will be easy to find one to match your home and suit your needs.
Invest in a new AC unit
Newer air conditioning units are more energy efficient than their previous models. It would be a good idea to look into replacing your AC unit if it is really dated. It will save you money on your electricity bills.
If AC units are too expensive for your budget, you can look into the whole house fan, discussed earlier, as an alternative. You should also look into portable AC units or evaporative coolers as another alternative as well. For more information on portable AC units and evaporative coolers, you can check out our blog post, PORTABLE AIR CONDITIONING UNITS VERSUS EVAPORATIVE COOLERS - WHICH TO BUY?, which discusses the advantages and disadvantages of both portable AC units and evaporative coolers.
Seal your ducts
Sealing your ducts will prevent any air leaks and ensure you are using your heating and cooling system as efficient as possible, resulting in energy savings. Not only will sealing your ducts save you money, it also will also improve the air quality coming into your home by keeping out allergens, particles, and dust.
Replace your refrigerator or any other appliance with an ENERGY STAR model
If you need to purchase a new appliance for your home, it is best to choose an ENERGY STAR product. ENERGY STAR products are energy efficient appliances. In California, some electricity companies offer rebates for having ENERGY STAR products in your home. For instance, according to the ENERGY STAR Rebate Finder, if you live in Long Beach, CA, Southern California Edison will give you a $200 rebate on a hybrid heat pump water heater.
NOTE: These rebates change from time to time and vary based on your location, so it's best to check the ENERGY STAR Rebate Finder for the current list of rebates offered in your area.
Here is a link you can use to see what products utility companies offer rebates for based on where you live: ENERGY STAR REBATE FINDER
Increase attic insulation
Increasing the insulation in your attic is a great way to save energy in your home. With more insulation in your home, it prevents cold air from your cooling system or hot air from your heating system from escaping, making it easier to maintain a desired temperature in the house.
Keep these options in mind if you are looking into saving energy and saving money on your electricity bill in the long run.
Contact Kaplan Construction for your general contractor needs at (562)495-0483 or via email at firstname.lastname@example.com.


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For so many of us, and quite honestly for most of my life; church is viewed as a chore, a have too. Similar to going to work, it's just something I have to do. Maybe you've have been told you have to go to church or you'll go to hell. Maybe you go to church not because you want to be there, but you are just trying to set a good example for your children, and you really aren't sure why. Maybe it's a social expectation, all your friends go to church, or maybe the people you work with go to church; it could be your neighbors and you just want to fit into the social group. Maybe you go because your parents make you; or you go because your kids make you. There are so many BAD reasons we go to church and I want to help you break that mindset and help to give you one that will hopefully change your life!
I think that for most of my life and for so many of us; we have got the ritual down of going to church and taking communion, but we have missed out on the part of being in communion. I want to challenge you to begin to evaluate why it is you are going to church. Evaluate what it is you are searching for. Not what it is you want or not getting from the church; but what it is you can bring to church in your communion.
Church is about communion; communion is about relationship. Church is the ultimate opportunity to gather as a body of Christ in unity and support; in fellowship and relationship. Church is the ultimate expression and vision of family as our Heavenly Father designed it!
So here is a different attitude towards church: How about church as the perfect, weekly family reunion. Not like the family reunion's that my wife and I have avoided for years; but real, honest, open family reunions. I look forward to getting up on Sunday morning and going to a reunion with my Christian family! After working all week with many that have no faith in Christ or if they are professing it, they sure aren't walking it! I look forward to seeing my Christian brothers and sisters that I haven't seen in a week; hearing about their pain's and their joy's, their struggles and their triumphs! I look forward to sharing with those whom I genuinely care about and they genuinely care about me. I look forward to the relationships.
And as an added bonus I get praise and worship with those that I am in communion with; to sing, to pray, to gather as one body in Christ. And if that isn't enough…I get to hear from an anointed teacher that is going to share with me wisdom from God's Word and help me to better understand my Heavenly Father, His son Jesus Christ and the Holy Spirit; while still helping me to understand my place in this world and my place in His body.
I look forward to going to Church; to spend time in communion with fellow Christians who are all searching for a greater relationship with Christ while still learning to navigate life; with an attitude of joy, excitement and anticipation of what is to come!
I pray that we all constantly evaluate why we go to church. That we are all able to put church in God's perspective; that we are able to evaluate not only what we are getting out of church but what we are bringing to church. May the Holy Spirit guide us, lead us and teach us as we strive to discover what it is to be in church. -Amen


text:
Federal Member for Throsby Stephen Jones says Shellharbour is set to share in a $6 million funding package over two years from the Federal Labor Government, to help local people get work-ready and secure a job under the Better Futures, Local Solutions initiative.
Minister for Human Services, Senator Jan McLucas today announced funding for thirteen strategic projects in 10 regions around Australia, including three in the Shellharbour Local Government Area.
"The region has been granted $440,000 to fund a Skills and Networks for Job Seekers project at WEA Illawarra, $412,500 for Future Education and Care project at Illawarra Area Childcare and a share in $500,000 to allow the Local Advisory Group to reflect and improve their model," said Jones.
"These projects are all about breaking down the barriers that are making it tough for local people to get into work."
"They tackle issues like helping parents gain access child care and connecting young people and the very long term unemployed with local businesses to find suitable training and employment opportunities."
"This is the Labor Government's recognition that place-based approaches really work in addressing local barriers to employment and education."
"To date the Local Solutions Fund has committed over $1.6 million in funding to help improve education, training and employment opportunities in Shellharbour," Jones said.
"Some of the projects already in place include a retail employment training and mentoring project run by the Salvation Army and a program that re-engages youths with education run by the Shellharbour Aboriginal Youth Association."
"I've seen some fantastic outcomes from projects like these in previous rounds, so I welcome today's announcement of more than $900,000 for the Shellharbour community.


text:
Published at Wednesday, March 14th, 2018 - 23:50:16 PM. Golf Club. By Viollette Provencher.
Just a little practice and patience is all that is needed to see the difference custom golf clubs provide. Not to mention that when you have a custom golf club set made you will have new clubs that won't be in need of golf club repair any time soon! If you really love golf then a custom golf club set is really worth the investment.
For your kid's very first golf club, the USKG 9 Iron with training grip comes highly recommended by golf pro Luke Donald for the 3 to 5-year-old age range. The club is well-proportioned in clubhead size, weight and grip size. As kids age, grow taller and improve their golfing skills, they graduate to the next level of clubs in these series and add more types of clubs to their bags.
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Unlimited any time pass1:
1 Month Unlimited: £44
6 Months Unlimited: £220
12 Months Unlimited: £396
One-off entry:
Peak times: £11.50
Off-peak: £8
(for peak/off-peak times see our opening hours)
Multipack any time entries:
(use within 12 months)
Pack of 5: £48 (£9.60 each)
Pack of 10: £80 (£8 each)
1Unlimited memberships are not refundable or transferrable.
Reduced prices are available for youth, full-time students, over 65s & the unemployed - see below.
Climbing shoes and chalk bags are available to hire at reception:
Prices per session:
Climbing shoes: £3.50
Chalk bags: £1.50
Lockers are available for personal items - please note these require a refundable £1 coin or trolley token.
For first-time adult climbers, we highly recommend our "Get Bouldering" sessions as the best way to get started. These should be booked in advance by following the link.
However, if you're feeling confident or have been climbing before, you can just turn up and climb, as long as you register. It's up to you.
See our Getting Started page for more info.
We run a range of instructed sessions for young climbers aged 7-15, including introductory taster sessions. Please see here for prices and availability.
One-off youth entry (peak times): £8
One-off youth entry (off-peak): £6
(must be appropriately supervised)
Unlimited youth pass:
1 Month Unlimited: £30
6 Months Unlimited: £150
12 Months Unlimited: £270
Multipack any time entries:
(use within 12 months)
Pack of 10: £68 (£6.80 each)
Prices do not include shoe hire.
Available for families with children aged 4-15
Unlimited Membership:
1 adult 1 child / 2 adults 1 child / add. child
1 Month: £63 / £100 / £15
6 Months: £315 / £500 / £75
12 Months: £567 / £900 / £135
Prices do not include shoe hire.
Concession prices available for:
Full-time students (with in-date ID or letter from the institution enrolled at - NUS / ISIC not accepted)
Unemployed (with jobseekers / income support letter from last 3 months. Excludes 6 and 12 month passes)
Over 65s
Concession prices:
One-off entry:
Peak times: £9.75
Off-peak: £6.80
Unlimited any time pass:
1 Month Unlimited: £37.40
6 Months Unlimited: £187.00
12 Months Unlimited: £336.60
Multipack any time entries:
(use within 12 months)
Pack of 5: £40.80 (£8.16 each)
Pack of 10: £68 (£6.80 each)
If you plan to come occasionally, but you're just not sure exactly when, you might benefit from our session multipacks.
A pack of 5 lasts for 12 months and lets you save more than 16% on individual entry prices.
Or, for a 30% discount on standard entry prices, go for a pack of 10 - perfect if you're planning to come about once a month.
If you're here once a week, you're climbing often enough that a monthly unlimited pass will be slightly cheaper than buying single entries - particularly if you ever manage to squeeze in an extra session now and then.
Otherwise you might want to consider one of the multipack options - a pack of 10 will give you the off-peak price for each of your climbs, regardless of when you use them.
If you're climbing twice a week or more, you should definitely think about getting a monthly or annual unlimited membership.
If you climb three times a week, you'll end up paying less than £3.50 per session - bargain.
All unlimited climbing members also get access to a handy 10% discount in the on-site shop, as well as discounts on yoga sessions, physio treatments and more.
We put up new climbs at least once a week, so there's always something new to get your teeth stuck into.
Want to give someone the gift of climbing? You can now purchase Boulder Brighton gift cards online, to any value of your choosing. Buy someone a one-off climb, a bit of coaching, or an annual pass - and get a voucher emailed to you instantly.


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Criminalising Racial Hatred: Learning from the Canadian Experience
Luke McNamara
Australian Journal of Human Rights Vol 1 No 1
As Australian jurisdictions begin to come to terms with the role of and impact of racial vilification legislation, an assessment of the operation of similar statutory provisions in Canada is likely to produce valuable results. Indeed, when considering the policy implications of multiculturalism, there is much to be learned from the experience of other multicultural societies such as Canada, where parallel legal institutions and principles operate and similar statutory provisions are in force.[1] As in Australia, multiculturalism is official government policy in Canada.[2] Associated protections have been enshrined in the Canadian Charter of Rights and Freedoms 1982[3]. On the specific issue of laws dealing with racial hatred, Canada provides a very useful comparative reference, particularly in light of recent decisions of the Supreme Court of Canada which address the constitutional status of prohibitions on expressions of racial hatred. As Cotler has observed, Canada has become a world centre for hate propaganda litigation.... Moreover, the Canadian experience is now perhaps the most compelling legal precedent respecting [racist incitement and free speech].[4]
The purpose of this paper is to provide an overview of anti-vilification or `hate propaganda'[5] laws in Canada, and to identify areas of guidance for those Australian jurisdictions where racial vilification provisions are currently operating or proposed.[6] This analysis is placed within the context of the ongoing debate about the merits of including criminal sanctions within the range of available legal responses.
In Canada, public expressions of racial hatred are the subject of a combination of federal and provincial statutes, involving both civil and criminal sanctions. The provisions which have attracted the most attention are those contained in the Canadian Criminal Code.[7] The Code contains three offences that deal with hate propaganda. The most important of these provisions is section 319(2):[8]
Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
(a) an indictable offence and is liable to imprisonment for two years; or
(b) an offence punishable on summary conviction.
Section 319(3) provides for certain defences based on the desire to protect freedom of expression, including truth, religious opinion in good faith, and the public interest. The consent of the relevant provincial Attorney General is required for prosecution under this section.[9]
Various forms of hate propaganda are also unlawful and a basis for complaint under the federal Human Rights Act 1977, and anti-discrimination legislation in several provinces.
Section 13 of the Canadian Human Rights Act 1977 identifies as a "discriminatory practice" the repeated communication by telephone of `hate messages', that is, "any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination."
Provincial legislation dealing with aspects of hate propaganda ranges form the broadf to the very limited. An example of the former is section 14(1) of the Saskatchewan Human Rights Code[10]
No person shall publish or display ... any representation ...:
(a) tending or likely to tend to deprive, abridge or otherwise restrict the enjoyment by any person or class of persons of any right to which he is or they are entitled under law; or
(b) which exposes, or tends to expose, to hatred, ridicules, belittles, or otherwise affronts the dignity of any person, any class of persons or a group of persons;
because of his or their race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry, place of origin or receipt of public assistance.
In Ontario the Human Rights Code, 1981 includes a rather more limited provision which focuses on the issue of discrimination rather than dealing specifically with hate propaganda.[11] In this respect Ontario's legislation is similar in scope to the narrow racial vilification provisions contained in the Queensland Anti-Discrimination Act 1991.[12]
Section 13(1) of the Ontario Code states:
A right under [the Code] is infringed by a person who publishes or displays before the public or causes the publication or display before the public of any notice, sign, symbol, emblem, or other similar representation that indicates the intention of the person to infringe a right under [the Code] or that is intended by the person to incite the infringement of [such] a right.
Section 13 has been described as "only useful in addressing a narrow range of circumstances that might fall within the general category of hate motivated activities" with the result that the Ontario Human Rights Code "... has a very limited capacity for dealing with hate propaganda."[13]
An important practical consequence of the Code's limited anti-hate laws is that complaints concerning hate propaganda are "typically referred by [Ontario Human Rights Commission] staff to the Ministry of Attorney General" for handling under the Canadian Criminal Code provisions.[14] This practice contrasts with the treatment of racial vilification complaints in New South Wales, where matters are rarely referred to the Attorney General for processing under the available criminal laws.[15] This difference illustrates a distinguishing feature of the Canadian legal system's response to hate propaganda - a reliance on infrequently enforced criminal sanctions rather than widely employed conciliation-based approaches. This emphasis clearly has significant implementation and enforcement implications.
The most recent addition to the list of anti-hate laws in Canada has attracted considerable attention.[16] On 30 June 1993 the Human Rights Amendment Act, 1993[17] came into effect in the province of British Columbia. Section 2 of the Human Rights Act[18] now states:
(1) No person shall publish, issue or display or cause to be published, issued or displayed any statement, publication, notice, sign, symbol, emblem or other representation that
(a) indicates discrimination or an intention to discriminate against a person or a group or class of persons,
(b) is likely to expose a person or a group or class of persons to hatred or contempt because of the race, colour ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or that group or class of persons.
(2) Subsection (1) does not apply to a private communication or to a communication intended to be private.
Perhaps the most striking feature of the new British Columbia legislation is its breadth. The list of `categories' on the basis of which vilification is now unlawful includes, but extends far beyond, the category of `race', to which vilification laws have commonly been limited.[19]
The enactment of the legislation was greeted with strong media criticism. The targets of criticism were numerous, including British Columbia's New Democratic Party government, the British Columbia Human Rights Commission, human rights tribunals generally, and the very notion of `human rights' law (as well as the Supreme Court of Canada). The legislation was described in a Globe and Mail editorial as an example of human rights law "being twisted, distorted and stood on its head in a bid to ... stifle free speech."[20] Such comments provide a vivid illustration of the intense and ongoing debate in Canada about the legitimacy of legislative prohibitions on hate speech.
III. JUDICIAL CONSIDERATION OF CANADIAN ANTI-HATE LAWS: R v KEEGSTRA
In recent years a number of cases dealing with hate propaganda legislation have become before the Canadian courts, including the Supreme Court of Canada.[21] These judicial decisions have played an important role in the process of defining the justification for, and impact of, laws which proscribe the incitement of racial hatred. A detailed review of these cases is not possible here. Attention will be focused on the decision of the Supreme Court of Canada in R. v. Keegstra which involved a detailed consideration of the difficulties of formulating an effective legal response to racist speech and hate propaganda.[22]
The 1990 decision of the Supreme Court of Canada in R v Keegstra[23] may prove to be an important turning point in the search for an appropriate accommodation between the protection of individual civil rights and the regulation of expressions of racial hatred. The Court heard an appeal from a decision of the Alberta Court of Appeal which had overturned the conviction of Jim Keegstra under section 319(2) of the Criminal Code.
Keegstra was a high school teacher in Eckville, Alberta from the early 1970s until 1982, when he was dismissed. In 1984 Keegstra was charged with unlawfully promoting hatred against an identifiable group by communicating racist and anti-Semitic statements to his students.[24] According to Bercuson and Wertheimer, "For twelve years, he indoctrinated his students with Jewish conspiracy explanations of history ... biased statements principally about Jews, but also about Catholics, Blacks, and others."[25]
Keegstra was convicted in 1985 in the Court of Queen's Bench, sentenced to five months imprisonment and fined $5,000. He appealed successfully to the Alberta Court of Appeal on the basis that section 319 offended the rights guaranteed by section 2(b)--freedom of expression--and section 11(d)--presumption of innocence--of the Canadian Charter of Rights and Freedoms.[26]
In an important affirmation of the legal regulation of expressions of hatred, the Supreme Court of Canada upheld the constitutional validity of the prohibitions on the promotion of hatred contained in the Canadian Criminal Code.[27] By a four-three majority the Court concluded that while section 319(2) of the Criminal Code did contravene the freedom of expression protected by section 2(b) of the Charter this infringement was justifiable under section 1 of the Charter.[28] Section 1 of the Charter states that
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
At the core of Dickson C.J.C.'s analysis[29] is a conviction that the conduct at which section 319(2) is directed has only a tenuous connection with the values underlying the protection offered by section 2(b) of the Charter.[30] The Chief Justice concluded that the Criminal Code's provisions constituted an appropriate and acceptable means for furthering the important objective of preventing the dissemination of hate propaganda.[31] According to Dickson C.J.C.
Few concerns can be as central to the concept of a free and democratic society as the dissipation of racism, and the especially strong value which Canadian society attaches to this goal must never be forgotten in assessing the effects of an impugned legislative measure. When the purpose of s. 319(2) is thus recognized, I have little trouble in finding that its effects, involving as they do the restriction of expression largely removed from the heart of free expression values, are not of such a deleterious nature as to outweigh any advantage gleaned from the limitation of s. 2(b).[32]
The Chief Justice acknowledged the limitations of criminal legislation as a mechanism for "advancing the goals of equality and multicultural tolerance in Canada...",[33] observing that "[i]t is important in my opinion, not to hold any illusions about the ability of this one provision [s 319(2)] to rid our society of hate propaganda and its associated harms."[34] However, he concluded that the objective behind the enactment of anti-hate laws such as section 319(2) of the Criminal Code was "... of such magnitude as to support even the severe response of criminal prohibition."[35]
In the dissenting judgment,[36] McLachlin J. was particularly concerned by what she saw as the breadth, vagueness and subjectivity inherent in section 319(2). According to McLachlin J.
... [T]he broad criminalization of virtually all expression which might be construed as promoting hatred effected by s. 319(2) of the Criminal Code is not, in my view, a proportionate and appropriate means of achieving the end to which the legislation is directed. The breadth of the category of speech it catches, the absolute nature of the prohibition it applies to such speech, the draconian criminal consequences it imposes coupled with the availability of preferable remedies, and finally, the counterproductive nature of its actual effects -- all these features of s. 319(2) of the Criminal Code combine to make it an inappropriate means of protecting our society against the evils of hate propaganda.[37]
McLachlin J.'s concern about the breadth of section 319(2) is not supported by the section's history, which has seen very few prosecutions even initiated.[38] The requirement, under section 319(6) of the Code, that no prosecution take place without the consent of the relevant provincial Attorney General, has clearly had the effect of placing significant limits on the scope of the Code's hate propaganda provisions.
The Supreme Court of Canada's split on the issue of the constitutionality of criminal hate propaganda laws reflects two fundamentally different conceptions of the value underlying the constitutional guarantee of free expression. According to Weinrib, the minority approach is based on McLachlin J.'s conception of freedom of expression as the "`pivotal Charter right"[39] along the lines of the American model,[40] while for Dickson C.J.C., the extent of the free speech guarantee must be considered within the context of "the Charter's general concern for individual dignity and equality."[41]
Apart from its contribution to Canadian Charter jurisprudence, the decision of the Supreme Court of Canada in Keegstra, can be considered to have effected a subtle change in the terms of the debate about the role of statutory regulation as an instrument of anti-racism. While the decision focuses on the fundamental issue of the scope of the right to free expression guaranteed by section 2(b) of the Charter of Rights and Freedoms, the majority judgment in particular, places this debate within the broader context of an examination of the relationship between law, multiculturalism and the achievement of social harmony. This attempt at contextualisation represents a limited, but important, advance in the analysis of hate propaganda laws in Canada.
There is, however, an interesting twist to the Keegstra story which has the potential to short-circuit the gains of Keegstra in this respect. Following his conviction at a retrial in 1992, Jim Keegstra appealed to the Alberta Court of Appeal. On 7 September 1994 the Court accepted the apppeal, overturning Keegstra's conviction and ordering a new trial. The successful ground of appeal was that the judge had made certain errors during the conduct of the trial. However, Keegstra had also asked the Court, inter alia, to reconsider the constitutional validity of section 319(2) in light of the recent decisions of the Supreme Court of Canada in R. v. Zundel,[42] and the United States Supreme Court in R.A.V. v. City of St. Paul,[43] In both cases, statutory provisions employed in the prosecution of hate propagandists were struck down as unconstitutional.
In the event that the case comes before the Supreme Court of Canada a second time,[44] it will be interesting to see whether the Keegstra analysis will survive recent changes in the constitution of the Court.[45]
Canada's reliance, in practice, on a criminalisation model of anti-vilification laws has prompted judicial scrutiny of Canadian hate propaganda laws for constitutional validity to an extent which has simply not yet occurred in Australia.[46] As Keegstra illustrates, a fundamental theme of criticisms of hate propaganda laws in Canada, has been debate over the extent to which such provisions infringe on the right to freedom of expression. In fact, as in the United States,[47] this issue has tended to dominate the Canadian jurisprudence and the wider debate. That this issue is far from settled in Canada, is indicated by the aggressive response of free speech advocates to the recent amendments to the British Columbia Human Rights Act, and the ongoing litigation in Keegstra's case.
The absence of an express constitutional recognition of the right to free expression in Australia marks a significant point of departure with the Canadian legal context where the Charter of Rights and Freedoms has had an enormous impact on the debate over hate propaganda laws. While this significant difference should be kept in mind, it need not diminish the value of Canada as a point of comparative reference. The Canadian jurisprudence does illustrate that it is not inevitable that anti-vilification laws be considered to be incompatible with the right to free expression, whether expressly or impliedly protected.[48]
It is somewhat ironic, given the recent high profile of hate propaganda laws in Canada, that little formal use has been made of the anti-hate provisions contained in the Criminal Code. Despite a high level of concern about the incidence of `hate crimes' in Canada,[49] provincial Attorneys General have commonly demonstrated a reluctance to institute criminal proceedings.[50] This reluctance may, at least partly, be attributable to concerns about the implications of providing racists with a forum for their views. As Kallen has commented The extensive publicity afforded the hate propagandizing activities of Keegstra and Zundel through the considerable media coverage of their trials provoked heated controversy over the appropriateness of a criminal charge and a public trial as a means of deterring hate propagandists.[51]
It is difficult to determine whether `trial publicity' does advance the cause of vocal racists, but clearly there is something unpalatable about the profile and notoriety achieved by defendants in such case. It is disturbing to note that more than 10 years after Jim Keegstra was charged under the hate propaganda provisions of the Criminal Code, his case is still before the Canadian courts, and still of considerable media interest.[52] This high profile is particularly troubling in light of the `revisionism' in which some judges have allegedly engaged in the course of their judgments in hate propaganda cases.[53]
The limited use of anti-hate laws in Canada does suggest that there may be a significant weakness in the capacity of existing legal procedures to respond effectively to the impact of hate propaganda and racial vilification. Citing the very small number of convictions in Canadian courts and tribunals, Raymaker and Kilgour have argued that the impact of the current legislation as a curb on the promotion of hate against identifiable groups is severely limited.[54] This may suggest that criminal sanctions, while commonly criticised as a heavy handed approach from the point of view of the legal system's treatment of offenders, may in fact be an inadequate legal response from the point of view of victims of hate propaganda and the wider community.
The threshold for intervention is clearly higher under a criminalisation model of hate propaganda laws than under a system based on conciliation by human rights agencies. The conciliation model of racial vilification laws which operates in New South Wales under section 20(C) of the Anti-Discrimination Act 1977 may offer a greater capacity for dealing with the full range of acts which constitute racial vilification.[55] This approach may be more attuned to the needs of target groups. At the very least, the contrast suggests that a legal response based exclusively, or even primarily, on the criminalisation model, is inadequate.
Perhaps the most serious flaws of the criminalisation model are its individualising and marginalising effects. Criminal prosecutions of individuals like Jim Keegstra have the effect of removing racial vilification from its social context, and deflecting attention from the harm suffered by members of the relevant group and the wider community.[56] In the context of such cases, the legal system's attention is focused almost exclusively on the specific conduct of the accused which is the basis of the charge.
This focus seems somewhat misplaced, or at least, too narrow. As Moon has argued, "... it is impossible to isolate clearly the offensive claims of Keegstra ... from ordinary public discourse. Racial and other stereotyping in different degrees is pervasive in our community."[57]
The type of matters selected for prosecution contributes to this dislocation of `unlawful' acts of racial vilification from the more prevalent current of racist violence, racial harassment and racial intimidation. As only the most `serious' cases are prosecuted under criminal statutes, the defendants actions can be marginalised and considered to be distinct from the attitudes and conduct of others in a given society.
McKenna has argued that the effectiveness of existing anti-hate laws is seriously impaired because they are based on a defective analysis of the nature of hate propaganda and racial hatred in Canada.[58] Specifically, exisiting laws reflect the assumption that racial hate propaganda is "firmly rooted in the anti-social conduct of extremist groups marginal to Canadian society."[59] McKenna challenges this conventional analysis.
[A]lthough the organized public expression of racial hatred appears to be confined to a relatively small number of extremists, attitudes of racial hatred have existed and been officially promoted and condoned throughout Canadian history as ideological support for the racial oppression and discrimination inherent in colonial capitalism.[60]
Clearly, in Australia as in Canada, there is a need to challenge the myth that racist conduct is characterised only by the activities of right-wing extremists. Equally, the assumption that racist conduct is "... a manifestation of deviant, aberrant, pathological behaviour"[61] must be challenged. Jayasuriya has argued that this assumption, which underlies the recourse to specific legal remedies for the problems of racial conflict ... is of limited value in combating racism as a social problem. It needs to be complemented by locating the so-called individual pathological behaviour or racism in its broader social, historical context.[62]
To the extent that racial vilification laws endorse or perpetuate this assumption they may in fact be counterproductive. This problem is most acute in relation to criminal laws (which draw on principles of individual responsibility) but needs also to be addressed in relation to legal regulation generally. An individualised approach to the problem of racial vilification risks failing to adequately assess the harm caused by such conduct. As McKenna has noted,
... the pervasive, rather than peripheral character of attitudes of racial hatred in Canadian [or Australian] society extends the dimension of the social harm caused by the public expression of racial hatred.[63]
In this light, the priorities of anti-vilification laws may need to be adjusted. For example, assessing the nature and extent of harm caused to the target group by the offending conduct may be more important than technical legal requirements concerning the need to prove intent on the part of the accused, or the need to establish that his/her conduct did or was likely to encourage others in the community to 'hate' a particular racial or ethno-religious group.[64]
The continuing expansion, in both Australia and Canada, of the range of anti-vilification laws, despite inadequate analysis of existing statutory provisions is a cause for concern. There is a clear need for greater critical examination of the objectives and the practical consequences of laws designed (perhaps poorly designed) to counter the deleterious effects of racial vilification and hate propaganda. While consideration of the Canadian experience is most instructive as a guide to assessing the merits of criminalisation, it may also play an important role in broadening the terms of the wider debate about the role of law as an instrument for dealing with racist violence, racial harassment and racial vilification (and vilification of other identifiable groups).
The relationship between anti-vilification laws and official policies of multi-culturalism also needs to be articulated more effectively. In the course of her dissenting judgment in R v Keegstra,[65] McLachlin J. commented that "... there is no evidence that the impugned legislation [section 319(2) of the Criminal Code] in fact contributes to the enhancement and preservation of multi-culturalism in Canada."[66] While McLachlin J.'s failure to accept that there may well be an important relationship between official multiculturalism and effective anti-vilification laws is disappointing, her position does highlight the need to clearly articulate this relationship, if the case for effective statutory reform is to be made persuasively.
The debate would be rather more productive if it was able to extend beyond the boundaries of rights discourse, and a preoccupation with abstract free speech issues. Other matters--including the suitability of conciliation as a dispute resolution mechanism, and the implications of criminalisation--also require attention. Analysis of such matters would be advanced if it drew on other theoretical perspectives as well as empirical evidence. An examination of the operation of existing racial vilification provisions will facilitate a more broadly constructed debate, which in turn, can more effectively inform decisions on further law reform.
Effective examination and articulation of the relationship between the operation of anti-racial vilification legislation, the varied experiences of racial harassment, intimidation and violence, and multiculturalism, will also be facilitated by quantitative research on existing legislative schemes in Australia. Appropriate methodologies might include the employment of narrative/story-telling techniques,[67] and further comparative analysis. In this way, Australia may be able to avoid repeating the Canadian pattern of an ongoing, but ultimately unsatisfactory debate, for which rights discourse provides the narrow parameters and freedom of expression constitutes the dominant agenda item.
[*] BA LLB (UNSW), LLM (Manitoba); Lecturer, Faculty of Law, University of Wollongong. The research on which this article is based was supported by a grant from the Law Foundation of New South Wales Legal Scholarship Support Fund. Thanks to Andrea Thomson and Samantha Lloyd for research assistance, and to Scott Grattan, Richard Moon and Bruce Elman for comments on an earlier draft of this article.
[1]. There is a significant body of comparative literature dealing with various aspects of multiculturalism in Australia and Canada. See, for example, S. Gunew, "Multicultural Multiplicities: US, Canada, Australia" (1993) 52 Meanjin 447; and R. Patterson, "Two Nations, Many Cultures: The Development of Multicultural Broadcasting in Australia and Canada" (1993) 11 Australian-Canadian Studies 17.
[2]. Multiculturalism Act 1988.
[3]. s.27 states that: "This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians."
[4]. I. Cotler, "Racist Incitement: Giving Free Speech a Bad Name" in D. Schneiderman (ed), Freedom of Expression and the Charter (Calgary: Thomson Professional Publishing Company, 1991) 249 at 251.
[5]. In Canada, the term hate propaganda is widely used to describe the conduct referred to in Australia as vilification. Hate propaganda has been described by Dickson C.J.C. as "... expression intended or likely to create or circulate extreme feelings of opprobrium and enmity against a racial or religious group..."R. v. Keegstra [1991] 2 W.W.R. 1 at 23, per Dickson C.J.C. See also, Law Reform Commission of Canada, Hate Propaganda. Working Paper 50 (Ottawa: Law Reform Commission of Canada, 1986).
[6]. This paper forms part of a comparative research project which aims to evaluate the response of the Australian and Canadian legal systems to expressions of racial hatred, with particular emphasis on the implications of the trend towards the extension of the criminal justice system into this area.
[7]. R.S.C. 1985, c. C-46.
[8]. The others are advocating genocide (s.318); and public incitement of hatred (s.319(1)).
[9]. Criminal Code, s.319(6).
[10]. 1979, c.S-24.1, s.14; 1989-90, c.23, s.10; 1993, c.61, s.9.
[11]. Similar provisions operate in Alberta: Individual's Rights Protection Act, 1980, c. I-2, s.2; 1985, c.33. s.2; 1990, c.23, ss.2-3; and and Newfoundland: Human Rights Code, 1988, c. H-14, s.14.
[12]. Section 126 of the Queensland Anti-Discrimination Act states that: "A person must not, by advocating racial or religious hatred or hostility, incite unlawful discrimination or another contravention of the Act".
[13]. Letter to author, Calvin Bernard, Acting Director, Ontario Human Rights Commission, 18 February 1994.
[14]. Ibid.
[15]. Between October 1989 and 30 June 1993 the New South Wales Anti-Discrimination Board received 356 formal complaints dealing with racial vilification. The vast majority of the matters handled by the Board have been dealt with by private conciliation. At May 1994. three matters had been referred to the Attorney General, but the Director of Public Prosecutions has decided not to prosecute any of these cases. See New South Wales Anti-Discrimination Board, Balancing the Act. A Submission to the NSW Law Reform Commission's Review of the Anti-Discrimination Act 1977 (NSW) (Sydney: ADB, May 1994) at 54.
[16]. See, for example, R. Matas, "Hate-law changes to proceed in B.C.: Concern raised about rights", The [Toronto] Globe and Mail, 16 June 1993, A5.
[17]. S.B.C. 1993, c.27.
[18]. S.B.C. 1984, c.22.
[19]. The recent addition of homosexual vilification provisions to the New South Wales Anti-Discrimination Act 1977--Anti-Discrimination (Homosexual Vilification) Amendment Act 1993--along with the inclusion of expansive sexual harassment provisions in the Queensland Anti-Discrimination Act 1991, may signal the start of a similar extension of the notion of unlawful vilification in Australia. The implications of this expansion of Australian anti-vilification laws are discussed in L. McNamara, "Anti-Vilification Laws: Protecting Who From What?" Socio-Legal Bulletin (forthcoming).
[20]. Editorial, "A criminal abuse of human rights", The [Toronto] Globe and Mail, 19 June 1993, pD6.
[21]. Apart from the leading case of R v Keegstra [1991] 2 W.W.R. 1, (discussed below), the Supreme Court of Canada also considered the role of various hate propaganda laws in R. v. Zundel (1992), 16 C.R. (4th) 1; and Taylor v. Canadian Human Rights Commission (1990), 75 D.L.R. (4th) 577.
[22]. For a discussion of other Canadian decisions, see J. Ross, "Hate Crime in Canada: Growing Pains in New Legislation" in M. Hamm (ed), Hate Crime: International Perspectives on Causes and Control (Cincinnati: ACJS/Anderson, 1994) at 159-165; and B.P. Elman, "Combatting Racist Speech: The Canadian Experience" (1994) 32 Alberta Law Review 623.
[23]. R. v. Keegstra [1991] 2 W.W.R. 1; [1990] 2 S.C.R. 697; (1991), 1 C.R. (4th) 129.
[24]. R v Keegstra [1991] 2 W.W.R. 1 at 17 per Dickson C.J.C.
[25]. Cited in Ross, supra note 22 at 161. See D. Bercuson & D. Wertheimer, A Trust Betrayed: The Keegstra Affair (Toronto: Doubleday Canada, 1985).
[26]. Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11.
[27]. The Keegstra appeal was heard in conjunction with two other appeals: R v Andrews, S.C.C., No. 21034, and Canada (Human Rights Commission) v Taylor, S.C.C., No. 20462. In Taylor the Court upheld the hate provisions contained in section 13 of the Canadian Human Rights Act, R.S.C. 1985, c.H-6. See Taylor v. Canadian Human Rights Commission (1990), 75 D.L.R. (4th) 577.
[28]. The Court adopted the same analysis in response to Keegstra'a claim that the defence of truth contained in s. 319(3)(a), which involved a reverse onus of proof, was inconsistent with the presumption of innocence guaranteed by s. 11(d) of the Charter.
[29]. Wilson, L'Heureux-Dube, and Gonthier JJ. concurring.
[30]. R. v. Keegstra [1991] 2 W.W.R. 1 at 73.
[31]. Ibid at 79.
[32]. Ibid at 73.
[33]. Ibid at 71.
[34]. Ibid.
[35]. Ibid at 73.
[36]. La Forest and Sopinka JJ. concurring.
[37]. R. v. Keegstra [1991] 2 W.W.R. 1 at 134. For McLachlin J., human rights instruments, which do not involve the possibility of criminal sanctions, may offer a more acceptable means of giving effect to Parliament's objective in enacting hate propaganda laws: ibid at 130.
[38]. See L. Weinrib, "Hate Promotion in a Free and Democratic Society: R. v. Keegstra" (1991) 36 McGill Law Journal 1416 at 1446.
[39]. Ibid at 1434.
[40]. Ibid at 1436.
[41]. Ibid at 1448. I have provided only a brief overview of the issue and arguments contained in the Court's decision. For further analysis, see Weinrib, supra note 36; R. Moon, "Drawing Lines in a Cultural of Prejudice: R v Keegstra and the Restriction of Hate Propaganda" (1992) U.B.C. Law Review 98; and B. Elman, "Her Majesty the Queen v. James Keegstra: The Control of Racism in Canada: in L. Greenspan & C. Levitt (eds), Under the Shadow of Weimar: Democracy, Law and Racial Incitement in Six Countries (Westport: Praeger, 1993).
[42]. (1992), 16 C.R. (4th) 1.
[43]. 112 S.C. 2538 (1992). See infra note 47.
[44]. At the time of writing a the Attorney General of Alberta had not yet decided whether to appeal to the Supreme Court of Canada, or whether it would be appropriate to embark on a third trial.
[45]. The changed composition of the Court is one explanation for the decision of the Supreme Court of Canada in R. v. Zundel (1992), 16 C.R. (4th) 1. In Zundel, the Court (McLachlin J. for the majority) struck down s. 181 of the Criminal Code (wilfully spreading false news) on the basis that it was an unacceptable infringement of s. 2(b) of the Charter. Significantly, the accused (who had published anti-Semitic Holocaust denial literature) was charged under s, 181 because the Attorney General of Onatrio had refused to consent to the laying of charges under the more appropriate s. 319(2). For a discussion of the different outcomes reached by the Supreme Court of Canada in Keegstra and Zundel, see B.P. Elman & E. Nelson, "Distinguishing Zundel and Keegstra" (1993) 4 Constitutional Forum 71; and T. Solomon, "Antisemitism as Free Speech: Judicial Responses to Hate Propaganda in Zundel and Keegstra", Australian-Canadian Studies (forthcoming).
[46]. To date there has been only one adjudicated racial vilification case in Australia: the decision of the New South Wales Equal Opportunity Tribunal in Harou-Sourdon v TCN Channel Nine Pty Ltd (unreported, 23 June 1994). The Tribunal dismissed the complaint under section 111 of the Anti-Discrimination Act 1977 (NSW) on the basis that it was misconceived and lacking in substance.
[47]. In R.A.V. v. City of St. Paul, 112 SC 2538 (1992), the United States Supreme Court struck down as an unconstitutional prohibition of speech the St. Paul Bias Motivated Crime Ordinance which had made it a crime for a person to place any symbol, object, or graffiti on public or private property with the knowledge that it would arouse anger or resentment in others on the basis of race, color, religion or gender. For a discussion of this case, see G Preves, "The Death Knell for Hate-Crime Laws? The Supreme Court Protects Unpopular Speech in R.A.V. v. City of St. Paul" (1993) 24 Loyola University Law Journal 309.
[48]. It is important to note that the High Court of Australia has recently begun to explore the possibility of an implied constitutional right to free speech. See Australian Capital Television Pty Ltd v Commonwealth(1992) 108 A.L.R. 577; and Nationwide News Pty Ltd v Wills(1992) 108 A.L.R. 681; and the discussion in N.F. Douglas, "Freedom of Expression Under the Australian Constitution" (1993) 16 University of New South Wales Law Journal 315; and W. Sadurski, "Offending With Impunity: Racial Vilification and Freedom of Expression" (1992) 14 Sydney Law Review 163.
[49]. See R. v. Keegstra [1991] 2 W.W.R. 1 at 41-42, per Dickson C.J.C., where his Honour discusses the findings of the Report of the Special Committee on Hate Propaganda in Canada (1965) and the Report of the House of Commons Special Committee on Participation of Visible Minorities in Canada Society, Equality Now! (1984). The Chief Justice concluded that "... the presence of hate propaganda in Canada is sufficiently substantial to warrant concern": ibid at 42.
[50]. For example, the anti-Semitic activities of Malcolm Ross, a school teacher from Moncton, New Brunswick, were examined in 1991 by the New Brunswick Human Rights Commission under the general race discrimination provisions contained in s5(1) of the New Brunswick Human Rights Act, 1973. No provincial anti-hate laws had been enacted in New Brunswick, and successive Attorneys General had refused to consent to the prosecution of Ross under the relevant provisions of the Canadian Criminal Code: see D. Raymaker & D. Kilgour, "The Freedom to Promote Hate: What We Learned from Jim Keegstra and Malcolm Ross" (1992) University of New Brunswick Law Journal 327 at 330. A similar reluctance on the part of the Attorney General of Ontario led to the prosecution of Ernst Zundel under s. 181 of the Criminal Code rather than the more appropriate s. 319(2): see supra note 45. These examples highlight the restrictive nature of consent provisions such as those contained in the Canadian Criminal Code (mirrored in section 20D of the New South Wales Anti-Discrimination Act 1977). According to New Brunswick's Director of Public Prosecutions "Federal policy-makers are now examining the current Code provisions to determine if the laws can be strengthened to facilitate prosecutions": letter to author, R.A. Murray, Director of Public Prosecutions, New Brunswick, 19 January 1994.
[51]. E. Kallen, "Never Again: Target Group Responses to the Debate Concerning Anti-Hate Propaganda Legislation" (1991) 11 Windsor Yearbook of Access to Justice 46 at 52.
[52]. See, for example, David Climenhaga, "Keegstra appeals hate conviction", The Calgary Herald, 3 February 1994; "Lawyer argues for Keegstra's `rights'", The Edmonton Sun, 3 February 1994.
[53]. Solomon, supra note 45.
[54]. Raymaker and Kilgour, supra note 50 at 329.
[55]. Criminal prosecution for serious racial vilification is possible under s. 20(d) of the Anti-Discrimination Act 1977 (NSW), but to date there have been no prosecutions under this section.
[56]. Moon, supra note 41 at 139.
[57]. Ibid at 135.
[58]. I. McKenna, "Canada's Hate Propaganda Laws--A Critique" (1994) 9 British Journal of Canadian Studies 15.
[59]. Ibid at 15.
[60]. Ibid at 20.
[61]. L. Jayasuriya, Legislating Against Racial Incitement: Strategies and Rationales (Perth: University of Western Australia, June 1989) at 16.
[62]. Ibid.
[63]. McKenna, supra note 58 at 20.
[64]. The need to establish "wilful promotion" (Canadian Criminal Code, s319(2)) or "incitement" (NSW Anti-Discrimination Act, s20C) on the part of the accused is indicative of a line of inquiry which is not particularly concerned with the issue of the harm suffered by the target group. For a discussion of the extent to which recent Canadian decisions have dealt with evidence of harm, see Solomon, note 46 supra.
[65]. R v Keegstra [1991] 2 W.W.R. 1.
[66]. Ibid at 111.
[67]. For an introduction to the use of "outsider jurisprudence" in the context of considering the legal regulation of racist speech or hate propaganda, see M.J. Matsuda, "Public Response to Racist Speech: Considering the Victim's Story" (1989) 87 Michigan Law Review 2320, part II.
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