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-   -   Canadian Judge Strikes Down Bequest Left to National Alliance (http://whitenations.com/showthread.php?t=9095)

Spook Haunter 06-06-2014 03:36 AM

Canadian Judge Strikes Down Bequest Left to National Alliance
Dr. Pierce must be rolling in his grave.


Canadian Judge Strikes Down Bequest Left to National Alliance

A Canadian court today struck down a bequest valued at about $220,000 that was left by a citizen of that country to the National Alliance (NA), a neo-Nazi group based in the United States that has long promoted violence against minorities. The presiding judge found that the bequest violated Canadian law and public policy.

“The evidence before this court convinces me that in the case of the NA the purpose for which it exists is to promote white supremacy through the dissemination of propaganda which incites hatred of various identifiable groups which they deem to be non-white and therefore unworthy,” wrote Justice William T. Grant of St. John, New Brunswick, in a 44-page ruling (PDF). “Those purposes and the means they advocate to achieve them are criminal in Canada and that is what makes this request so repugnant.”

The judge permanently enjoined any transfer of funds or other parts of the estate, which includes a collection of ancient Greek and Roman coins, to the NA. Instead, he ordered it distributed to the brother and sister of Harry Robert McCorkill, a longtime Canadian NA member who died in 2004. McCorkill’s sister, Isabelle Rose McCorkill, initially challenged the bequest, and she was later joined by two Jewish human rights groups in Canada as well as the provincial attorney general.

The judge brushed aside claims by NA representatives and supporters that the group had been unfairly tarred in affidavits from the Southern Poverty Law Center (SPLC) and others that quoted the group’s foundational documents as well as other written and spoken materials produced by its officials. “All of these publications can only be described as racist, white supremacist and hate-inspired,” the judge wrote.

“They are disgusting, repugnant and revolting.”

The court decision comes at a time when the NA, once the dominant hate group in America, is struggling to survive. It has gone from an organization that once brought in about $1 million a year and had some 1,400 dues-paying members to a group that is nearly bankrupt and has only a smattering of supporters left. The group’s current leader is trying to sell off much of its West Virginia headquarters compound to raise money, and a faction led by the brother of the group’s late founder has sued it in civil court in an attempt to regain control of the organization. The loss of the bequest could help finally destroy the remnants of the once-storied NA.

The Canadian bequest was first brought to public attention in June 2013, when the SPLC revealed that NA officials appeared close to settling the probate matter and forwarding the proceeds to the NA. Shortly after that, McCorkill’s sister, who like her other brother was estranged from her radical brother and did not even know he was alive, filed suit, saying she did not want to see the money go to a neo-Nazi group and she also hoped to keep the coin collection in Canada.

The case against the bequest could never have been made under American law, which has unusually strong free speech and association protections. But Canadian law has much fuller concept of the public good, and its foundational Charter of Rights and Freedoms imposes speech and other “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

Erich Gliebe, the chairman of the NA, claimed in affidavits submitted to the court that the SPLC and others were trying to “smear” the organization by quoting its foundational documents and later statements from Gliebe and others. But the court found that the NA had done nothing to distance itself from those documents.

And they were hair-raising. The SPLC’s affidavit (submitted over this writer’s signature) quoted the group’s “What is the National Alliance?” as saying that it would do “whatever is necessary” to achieve “a White living space” and that it would not be deterred by any “temporary unpleasantness.” The document went on to call from “the racial cleansing of the land” and “a long-term eugenics program involving at least the entire populations of Europe and America.”

The SPLC affidavit also quoted an NA bulletin written by the group’s founder celebrating racial violence as “a healthy, red-blooded response to the current situation in America’s cities.” “Ultimately,” the document read in a particularly candid passage, “we will win the war only by killing our enemies.” In yet another document, the group spoke of packing “the homosexuals, racemixers, and hard-case collaborators” into cattle cars and plunging them into abandoned coal mines.

Although Gliebe tried to suggest that the NA had evolved into a kinder, gentler organization since the 2002 death of founder William Pierce, Justice Grant pointed out that Gliebe had used a July 2011 radio program to allege that “the Jews have lied for decades about the Holocaust” and used that claim as a “money-making scheme.”

“[T]here is nothing ‘dated’ about the anti-semitic rantings of Mr. Gliebe, the current Chair of the National Alliance, in his 2011 broadcast,” the judge wrote. “Neither is there any evidence before the court that the NA has distanced itself from its ‘dated’ foundational documents,” a reference to “What is the National Alliance?”

Justice Grant repeatedly referred to the strength of the case against the NA. The evidence “consistently show[s] that the National Alliance stands for principles and policies, as well as the means to implement them, that are both illegal and contrary to public policy in Canada,” he wrote. “[W]hat it stands for, anti-semitism, eugenics, discrimination, racism and white supremacy, violates numerous statutes and conventions that have been passed by Parliament and the [provincial] Legislatures and endorsed by the Government of Canada, including the Criminal Code.”

The judge also mocked Gliebe’s attempts to portray the NA as primarily a cultural organization interested in European civilization, saying “the feeble protestations only call to mind the attempts by the Nazis in Hitler’s Germany to mask their true intentions through organizations like the Hitler Youth. History tells us that behind the mask lurked some of the worst evil ever visited upon the human race.”

It wasn’t immediately clear if the NA intends to appeal the Canadian decision. Already, the estate, originally valued at about $250,000, has been diminished by probate, tax and other costs. Now it will be further whittled down by the judge’s order that legal costs for both the NA executor and Isabelle McCorkill be drawn from that source. An appeal conceivably could eat up whatever is left in the bequest.

Fred O'Malley 06-06-2014 03:45 AM

The liberal, uninformed useful idiots strike again. I wonder if the judge knew how criminal the SPLC is? I wonder if it would have mattered to a brain dead sayanim as he obviously is.

Spook Haunter 06-06-2014 03:52 AM


Originally Posted by Fred O'Malley (Post 39892)
The liberal, uninformed useful idiots strike again. I wonder if the judge knew how criminal the SPLC is? I wonder if it would have mattered to a brain dead sayanim as he obviously is.

As Craig found out, the Canadian system is liberal and anti White to its rotten core.

Spook Haunter 06-06-2014 04:14 AM

Paul Fromm
Paul Fromm's response.


Originally Posted by Paul Fromm (Post 12148060)
New Brunswick Judge Deals Body Blow to Freedom of Belief and Right to Will Property

The past 24 hours have been violent ones in New Brunswick. A lone gunman, still on the run as of this writing, last evening shot and killed three members of the RCMP in Moncton and wounded two others. This morning Judge William T. Grant of the Court of Queen's Bench fired a double-barrelled blast into the guts of freedom of belief, freedom of speech and the right of a man to will his property to a group supportive of his beliefs.

With the swipe of a pen, he overturned a bequest to the White nationalist National Alliance in the will of the late professor of chemistry Robert McCorkill, who died in St. John in 2004. After the will had been probated in May, 2013, the anti-free speech Southern Poverty Law Centre objected and insisted the will should be voided as contrary to the public interest. The SPLC had no standing in Canada, but a long-estranged sister Isabelle McCorkell, although claiming poverty, found a pricey Moncton law firm that made an application on her behalf to nullify the bequest, variously estimated as between $250,000 and $1-million. She was joined by the Attorney General of New Brunswick, the Centre for Israel and Jewish Studies (CIJA), and the League for Human Rights of B'nai Brith as interveners.

The Canadian Association for Free Expression entered the fray in defence of free speech and the right of a man to will his property to the group or cause of his choice.

The application was heard in St. John in late January.

His judgement puts in peril any bequest to a group or maybe even a person whose views are deemed to be "contrary to public policy."

Judge Grant found: "The purposes of the National Alliance and the activities and communication which it undertakes to promote its purposes are both illegal in Canada and New Brunswick. Consequently, I declare the residual bequest to it in the will of Harry McCorkill to be void.

Judge Grant noted: "The respondent also submits that the writings of the NA were not in violation of any laws of the United States when they were published. However, they clearly violate the Criminal Code of Canada and this Court takes judicial notice of the fact that in this age of the Internet national boundaries are meaningless for the purposes of spreading hate propaganda such as that disseminated by the NA."

The ruling is breathtaking in its finding of guilt (of illegality and "hate propaganda") where no charges have ever been laid. The National Alliance operated in Canada for about a year in the early 2000s. It distributed literature and held small meetings. Yet, it was never charged much less convicted under Canada's notorious "hate law" or any other law.

Has a New Brunswick court taken us into Alice and Wonderland and the Court of the Red Queen: The verdict is "guilty"; no need for a trial; now on to the sentence!

The judge rejected arguments by CAFE's lawyer Andy Lodge that overturning the McCorkill bequest would lead to a flood of other such challenges to bequests to any group whose views might seem to be opposed to present government policy: "I, therefore, find that the voiding of a bequest based on the character of the beneficiary is, and will continue to be, an unusual remedy, where, as here, the beneficiary's raison d'etre is contrary to public policy, it is the appropriate remedy."

Despite the breezy assurance that voiding the will is only meant to get bad people -- the judge found the National Alliance's publications to be "racist, White supremacist and hate inspired, ... disgusting, repugnant and revolting" -- one wonders. Canada has abortion on the demand. That's public policy. Right to Life groups exist to enact laws to control or limit abortion. That's contrary to public policy. Would a bequest to them be voided? On a larger level, today's Green, NDP and Liberal Parties, to say nothing of the separatist Bloc Quebecois, advocate positions clearly contrary to many of the ruling government's public policies. Could bequests to them be ruled similarly illegal.

Indeed, isn't any political dissent over laws or legislation an expression "contrary to public policy?"

The ruling will significantly diminish the assets of the bequest. Most of the lawyers, however, will do handsomely: "Ms McCorkell is entitled to her costs on a solicitor and client basis from the Estate [and she will get whatever is left of the bequest.] Mr. Streed [the executor] is also entitled to his costs on a solicitor and client basis from the Estate. The Province has not requested costs and CAFE was not successful in its intervention. While the submissions of CIJA and B'nai Brith have both been helpful, their own purposes were also served by intervening. So, I will award them each a lump sum of $3,000 including disbursements to be paid out of the Estate.":mad:

An appeal of this judgement is being considered by the lawyer for the executor of the McCorkill Estate.

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