Much like a story I posted here earlier this year, where a warrant claiming Criminal Libel was used to shut down a Canadian whistleblower blog, to raid a bloggers home, and to seize the property of a citizen blogger and arrest said blogger. (see: FilterBlogs | March 8, 2012 | Blogging comes of age in Charles LeBlanc Criminal Libel case | http://filter--blog.blogspot.ca/2012/03/blogging-comes-of-age-in-charles.html) ...
..now, on August 16, 2012 a Blog called "Re-sergence Alliance" was taken down; and two days later a blogger / web developers home was raided, and computers and cell phones were confiscated under a criminal, "Defamatory Libel" warrant. A warrant, the contents of which, are oddly sealed from public scrutiny.
|Via link at: http://bccla.org/news/2012/08/bccla-to-apply-to-unseal-rcmp-defamation-search-warrant/|
The BC Civil Liberties Association (BCCLA) has called the use of Defamatory Libel in this case disturbing - as it is being used in a case where the RCMP are investigating wrong-doing by the RCMP; and in that this rarely used criminal charge - basically criminal speech - is being applied by police against a citizen who has been critical in a public forum of the same police force now investigating them, and executing the search.
From the CBC article:
"Micheal Vonn, a lawyer with B.C. Civil Liberties Association, calls the RCMP actions an inappropriate use of police resources, because defamation belongs in civil court.
"Vonn also said she believes the defamatory libel section of the Criminal Code is unconstitutional."
Canadian Bloggers need to form a Union - to pool resources; to pay for legal expenses of members, to challenge in court this use of Libel law to shut down the Blogging Free Press.
Here's a CBC's video:
CBC News | Aug 27, 2012 | Police search home (2:57) |
A man who complained about an RCMP about is now the subject of an investigation
So the story goes, a RCMP Officer who was part of the investigation into serial killer Robert Pickton - the man convicted of killing dozens of Downtown East Side Vancouver prostitutes - has pictures of himself up online, in one case holding a pastry knife (not sharp either side) to a woman's throat in a bondage sado/masochistic role-play.
Image via HaifischGeweint (the shark wept) blog
A CBC story that featured this photo was taken down, and the parts of the story that referenced the photo was redacted - at their site the following 'correction' was added to the bottom of the story:
Corrections and Clarifications
In previous versions of this story, reference was made to one specific photo of a man holding a knife to a woman's throat. Questions about the identity of that man led CBC News to remove the photo and descriptions of it from our coverage. New information has since determined the identity of that man is not Cpl. Jim Brown.
July 17, 2012 | 10:55 a.m. PT
Many photos like these were unearthed by the blogger who's home was raided (who has asked media to with-hold his identity), and they were posted at another blog site where disgruntled RCMP members were publishing inside information about their fellow police in a public forum - the "Re-sergeance Alliance" blog (which claimed membership of 500 RCMP) - that since this Defamatory Libel warrant was issued - has been taken down.
In Google I searched "Blogger.com + Re-sergeance Alliance". Posted number four in Google with that search parameter was "Haifischgeweint" blog - because she has a much used tag on her blog, "re-sergeance alliance". I found the image above posted at Haifischgeweint - it is an Image from a CTV video post - that has since also been taken down.
The "Haifischgeweint" blogger says this RCMP officer, the one playing the 'dominant' with the pastry knife at the 'submissive' woman's throat (pictured above) - lured her (the author) away from her sexually abusive family - still trying to reconcile after many years since the physical abuse had ended (as opposed to the ever-present physiological consequences of that abuse) - and into his family, to live in his home, with his wife and his young son with promises a father makes to a daughter --- where after she arrived was constantly, expertly manipulated towards the easiest path - to become his live-in, submissive sex slave.
She claims he pursued sexual touching towards this end when ever his wife was not present - even with his very young son, in one case - sitting next to him on the couch in the living room watching TV ... where he was trying to get the author to give him a hand job, encouraging her to reach down his pants.
These sexually inappropriate actions have to be taken with-in context: the author, sexual abuse victim - being manipulated - and the young son as an essential part of that manipulation (being directly exposed to adult sexual situations at an inappropriately young age) - upon a person who has unresolved issues around this same type of abuse; who is also in a dependant situation (a young person, living in his home, in a new city far from home, after having just left their home, which had a history of sexual abuse).
The blogger appears to be blogging towards resolving these abuse issues through the process of writing and publishing in a public forum - something with which I have - although not with sexual abuse as it's root - a personal appreciation of.
For this reason - and having read much of the content there - I point readers to this person's blog with some confidence in it's veracity as an important back-grounder to this piece.
Right after Re-sergeance Alliance was taken down the RCMP sent a memo to officers telling them they were not allowed to post in social media. This over-the-top pronouncement needs to be tested in court; as well as the use by Police of Defamatory Libel towards a criminal prosecution of the writer / publisher / web developer.
It is beyond my believe that there was not already some part of the RCMP's code of conduct that forbids members from posting about their jobs in public forum. Think about it - would a police officer be allowed to talk at a public town hall about the inner workings of a department they work for?
That the RCMP officer under investigation by the RCMP for code of conduct violations would post images in which he has used parts of his uniform performing S&M play is obviously across the officer code of conduct line - and should have had hiim fired a long time ago.
This has now lead to a mutiny with-in the ranks - and for good reason in his writers opinion - what's the rub? Fire the stupid man already.
The letter goes on to state that the force faces “corruption at the most disturbing levels” and “through our managerial conduct of literally covering up their crimes and demoting them upwards.” The Re-Sergeance calls on members to remember their oath to protect and serve fellow Canadians with “honour and humility.”
Anonymous Mounties Threaten Force’s ‘Bad Apples’ With Exposure
- by Amy Boughner
Now these actions by one officer - with some very questionable attitudes about acceptable social behavour, on several fronts - has lead the RCMP to ban all posting on social networks by all officers. And to top it off they have invoked a questionable use of criminal speech law - in an investigation of themselves - to shut down a blog that could have been stopped with the internal memo.
These must not stand - these two precedents in law must have their day in court - because if not this type of extremist application of the law will spread to other government institutions, and reinforce those already in place in the private sector (which also should be tested in court).
This second use this year by a Canadian Police Force, of the Criminal Libel charge against a blogger critical of Police rings a bell of alarm - it must not stand.
The impartial application of the law by police, and as well the freedom of the Blogging Free Press to honestly, accurately and responsibly report on what the police are doing is essential to democracies delicate balance.
Sun Media | Friday, August 31, 2012 06:28 PM EDT | New questions about RCMP credibility | http://www.torontosun.com/2012/08/31/new-questions-about-rcmp-credibility
CBC News | Aug 27, 2012 5:33 PM PT | Updated: Aug 27, 2012 9:41 PM PT | Whistleblower claims RCMP targeting him | http://www.cbc.ca/news/canada/british-columbia/story/2012/08/27/bc-bondage-whistleblower-search-seizure.html
CBC News Jul 5, 2012 10:56 AM PT | Updated: Jul 5, 2012 6:43 PM PT | RCMP officer investigated over bondage photos | http://www.cbc.ca/news/canada/british-columbia/story/2012/07/05/bc-rcmp-sex-photos.html
Haifischgeweint | Tag: re-sergeance-alliance | http://haifischgeweint.wordpress.com/tag/re-sergeance-alliance/
Haifischgeweint | August 30, 2012 | Information, Speculation, & Misinformation | http://haifischgeweint.wordpress.com/2012/08/30/information-speculation-misinformation/
Haifischgeweint | August 16, 2012 | An Open Letter To Damien: Fuck You, You Privileged Fuck | http://haifischgeweint.wordpress.com/2012/08/16/an-open-letter-to-damien-fuck-you-you-privileged-fuck/
Care2/Causes | Amy Boughner | August 16, 2012 | Anonymous Mounties Threaten Force’s ‘Bad Apples’ With Exposure | http://www.care2.com/causes/anonymous-mounties-threaten-forces-bad-apples-with-exposure.html
British Columbia Civil Liberties Association | August 28, 2012 | BCCLA to apply to unseal RCMP defamation search warrant | http://bccla.org/news/2012/08/bccla-to-apply-to-unseal-rcmp-defamation-search-warrant/