Juno News - January 05, 2024
Federal court says Ezra Levant book ads broke election laws
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Summary
A judge rules that Ezra Levant's book, The Lebranos, is not a violation of the Elections Act, which exempts books from all kinds of political advertising. But Ezra argues that the book should be allowed to be displayed on a lawn sign in a campaign. And the judge agrees.
Transcript
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All that notwithstanding, there are plenty of killjoys, not just Saskatchewan Tourism Board
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officials, but also federal court judges. And there was one ruling over the holidays
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that we have followed this case for a little while on, and it was on this sign that you may
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have seen in an election campaign, the Lebranos, lebranos.com, by the book. The book is, well,
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as it's called there, Lebranos, was written by Ezra Levant of Rebel News. And the elections
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bureaucrats, the Commissioner of Canada Elections, came down hard and said that sign wasn't actually
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a book advertisement, but it was an election campaign sign. It was an election campaign sign,
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and you aren't allowed to do it without going through all of these rules that we have for
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election advertisers, for third parties and political parties. Now, Ezra pointed to a section
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of the law, which specifically says advertising books, like it literally says advertising books
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is in a category of its own and are exempt from this. So he challenged this, brought it to federal
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court, and a judge ultimately signed on to the narrative put forward by the Commissioner of
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Canada Elections and found that those signs were illegal. Ezra Levant is the author of the Lebranos
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and the founder of Rebel News and joins us now. Ezra, I mean, you and I have had a number of
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conversations over the years about our dissatisfaction with the judicial status quo. So I don't want to
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say that I'm totally shocked by this, but this is like a clear-cut example of when the court is
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finding that the law doesn't say what the law says.
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I have to tell you, I was completely shocked by this for two reasons. First of all, the plain
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words in the Canada Elections Act exempt books and the promotion of books from their election finances,
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which makes sense. I mean, it also exempts news and speeches and letters, because imagine if every
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newspaper article that was an endorsement of this party or a criticism of that party were to be
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banned or regulated by the government. It would be madness. So it applies to books or the promotion
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of books. And as you can see, because you just showed your viewers there, the promotion of books
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was very simple. That was the front cover of our book called The Lebranos with three added words,
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by the book. But that enraged Elections Canada. They were obsessed by that book cover and that
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title. They were obsessed by the drawings on it of Trudeau and his friends. And so they thought it was
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so critical that the book and the title of the book, they said, were banned and the judge agreed.
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And so I suppose technically the book itself is not banned. But if you've banned the title of the book
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and you banned the cover of the book, you sort of banned the book. And by the way, you can buy that
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book right now on Amazon.ca. But if there were an election called Tomorrow, it would be banned again,
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or at least the cover of it and the title of it. And I couldn't show it. And I don't know,
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I was really surprised. And conceivably, you couldn't run like online ads for it as I mean,
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without being am I do I read that correctly? Yeah, exactly. I mean, they didn't like the lawn
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sign because they thought it sure felt like a political campaign. And it's true. Lawn signs
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are something that are used in political campaigns. But we also had online ads. We also had a billboard.
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We also made videos. We also did emails. Elections Canada only prosecuted this image.
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But I want to tell you, Andrew, there were 23 other books published about Justin Trudeau during
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the exact same time period. I'm talking about right before the election in 2019. 23 other books.
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And they were positive towards Trudeau. They were boosting him. It would be like a campaign ad
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for them. But of course, they're exempt because they're books. So they were not prosecuted.
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I asked the Elections Canada people, and my lawyer asked the judge, how is it that those 23 pro-Trudeau
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books are fine, but my one anti-Trudeau, it's anti-Trudeau book is not? And both the Elections Canada
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staff and the judge agreed, well, if I didn't like those 23 other books, I should have complained about
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them. But I don't want to complain about those 23 other books. I mean, I could complain about them,
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but I don't want to prosecute them. And you know what? The judge said, and if you don't mind,
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I wouldn't mind reading very quickly from the actual ruling.
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The judge said, yeah, the judge says it was no big deal. All I had to do was act like a political
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party, register with the government, disclose my finances to the government, and comply with the
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government. And I could have the lawn sign in my book all I like.
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Basically become one of those registered third party political activist groups like Lead Now or
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Here, let me, I'm just going to read very quickly. Here's one sentence from the judge.
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Even if the promotion of a particular book is election advertising, such promotion is not
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prohibited. She's saying, my book wasn't banned. Quote, the third party, that would be me, must simply
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comply with the requirements of the act that apply to all third party election advertisers. Authors or
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publishers comply with the spending registration and disclosure requirements. So, oh, it's no big
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deal. All I have to do is register my book with the government. Just let me say that again. All I have
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to do is an author, duh, just register with the government. Let me read one more sentence from the
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judge. When we argued, well, that would be a kind of chilling effect to require authors to say, hello,
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government. We'd like to register our book with you. The judge said, quote, it should not be overly
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onerous for an author or a publisher to demonstrate what their intention was as to the timing of the
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promotion. As in, I had to justify publishing the book during an election. And because I did so,
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that's what made it an illegal book. But every political book is published during election. You
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don't publish a book after the election about the election. That's a totally different book. And like
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I say, 24 publishers, 24 authors all had the same idea. Let's talk about Justin Trudeau in the 2019
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election. The judge says, I had to, I just read it to you. The judge said, I should have justified to
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the government. Why I did it during the election. I don't know. I'm really surprised by this. My fine is
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$3,000 plus $10,000 for the court case. So I have to pay the government 13,000. That's not the end of the
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world, although that's a very stiff fine for publishing a book. But both the judge and Elections Canada had a
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warning for me. They both said that they could have come after me criminally. And theoretically,
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I could have been jailed. And they both hinted to me that if I do this again, I will be prosecuted
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criminally. No one in Canadian history has ever been prosecuted for publishing a book critical of a
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politician. And I say again, it was the fact that I was critical of him that bothered them. They said so
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again and again. And if you read the ruling, it's 85 pages long. We put up a website for those who
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want to see it and see my side of the story. The website is saverebelnews.com because I think that
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this really goes to our freedom. Let me just jump in there, Ezra. Was your legal case, I know you
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weren't fighting it yourself, you had a lawyer, but was your case a constitutional free speech,
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you know, freedom of expression case? Or was it just, listen, your own law says that the promotion
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of books is fine. Therefore, your application of the law against us is completely made up.
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It was both. And the judge dismissed that second one very quickly, too quickly. And again,
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How did the judge rationalize that? Because literally, you can see the words right there.
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Yeah. Well, there's three parts. Your book has to be published at a commercial price. My book was
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$14, which is commercially fair. And it has to be published, whether or not there was an election.
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Well, we would have published my book, whether or not there was an election. Of course, we were going
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to publish it. And I don't even know what it means that there wouldn't be an election.
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Well, and in Canada also, I mean, the 2019 election was fixed in 2015. But in our system,
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there can be an election. I mean, there could be an election in 40 days that you have no idea is
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coming. Right. And listen, I was honest with the judge and I was honest with the cops who interrogated
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me. I said, we did what every other author did is we coincided with the election, but we would have
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published it whether or not. I mean, I've published more than 10 books and we publish them during an
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election. We don't publish them when it's not an election. I have another book coming out about
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Justin Trudeau. Ideally, I would publish it right before the election. It would be terrible if I
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was late until after the election. But the judge, sorry, the law does not stop me from timing it.
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It doesn't. It just says I have to publish it whether or not there's an election. She thought that
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was a silly difference, that there was no difference. And then. Oh, we have Elections Canada
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has to. Oh, there we go. I thought Elections Canada was coming after you, but we appear to have gotten
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you back now, Ezra. Sorry about that. I'm on the road. The judge said the timing of the publication
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is one of the things that made it illegal. But like I say, 23 other authors time their books
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at the exact same time. I'm worried about this, Andrew. Well, you mentioned you have another book
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coming out. I mean, what are you, not that I would ever say that you are a generally compliant
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person with government edicts, but what is your plan going to be if you've gotten that far on what
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to do about that book? Well, I'm going to publish it and I don't want to be charged and I don't want
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to be convicted and I certainly don't want to be fined and I absolutely don't want to register with
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the government, right? I'm absolutely not going to. And, you know, I remember during the COVID times,
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the lockdowns, I made some personal decisions that I was not going to comply. Now they never came down
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hard on me like a ton of bricks, but I was on their no fly list because I was unjabbed. I didn't get a
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vaccine passport and I just decided I was not going to comply. And I am not going to register my next book
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with the government. I'm just not going to, in terms of the exact timing of the book. Obviously,
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it's going to be before the next election. We don't know when that next election will be.
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But if it comes, if we are at the point, Andrew, in Canada, when a critic of the government, when an
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author is prosecuted and God forbid, convicted of a crime and jailed for writing a book about him,
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then that person should be mean. Because I say I believe in freedom and I say I believe in fighting
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back. And just like I felt an obligation to walk the walk during the lockdowns, I feel an obligation
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here. And if it's not me, who would it be? I mean, God, I don't want you to be prosecuted for your book.
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I don't want anyone else. But I know that I've got the fighting spirit. And our viewers generally like
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to crowdfund these battles. So I am going to publish another book before the next election,
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critical of Justin Trudeau. It's going to be a real book. It's going to be sold at a real price.
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It's going to be published whether or not there's an election, but we're going to time it
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before the election. I'm just going to do that. And if that sends me to jail, and God forbid,
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and I hope it doesn't, Canadians ought to know that's the country we live in now.
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Will, just on the note of this one, are you going to bring this to the federal court
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Yes, we've hired a great lawyer. Sarah Miller is her name.
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I think she's really smart. I chose her because she's had good luck in the court of appeal.
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She was the one who took Arthur Pavlovsky's case, the Christian pastor who was jailed in
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Alberta for keeping his church open. She won that on appeal. And I thought, boy, I need a smart
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lawyer who'll do well in the court of appeal. So she's already, at least she's shown me
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the notice of appeal. I think she's filed it already. It's an uphill battle. I got to tell
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you, most appeals in court fail. It's just a statistical thing. I think two out of three
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lose. And this was a well-crafted ruling by the judge. She wasn't, I mean, 85 pages she
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took to make her case. So I'm not optimistic. It's not about the fine. I mean, the fine does
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bother me. It's about the law itself. It's crazy. We would appeal to the court.
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It says to people that don't have your spirit and frankly, your finances to fight this stuff.
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I mean, if you're just some, you know, self-published author that wants to make a point and maybe you
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want to, you know, spend a couple thousand dollars promoting your book, this does have a chilling
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effect. Absolutely. And I just can't get over the fact that the judge said that, oh, it's no big
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deal. It's not onerous. I mean, I was, I was called to the headquarters of Elections Canada
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and two 30 year RCMP veterans interrogated me for an hour. Now, you know me, I don't mind that. I
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like the sparring of it. You enjoy it. You're, you're, you're, you're, you're bored when you're
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not being interrogated by a police officer. Yeah. But unless you're a lawyer or a real tough
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cookie, who's used to fighting. I mean, I, I mean, I, I wasn't terrified, but I think 99%
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of people would have been really scared by that. And, and the fine, the $13,000 fine. I think that
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that would dissuade a lot of people. Not, not everyone has $13,000 to pay the fine. Now we,
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we're going to crowdfund this appeal and hopefully we won't have to pay it in the end.
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But for the judge to pretend there was no chilling effect here, that really is one of the worst parts
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of this ruling. I'm just going to read that again for 30 seconds, quote, it should not be overly
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onerous for an author or publisher to demonstrate what their intention was. As in, you've got to go to
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the, to the government and say, no, no, no, this is, we're not trying to criticize you.
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Saint Trudeau, please. This is just a book, you know, to, you know what, that the judge was wrong
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there. I'm just, I don't want this to become a legal precedent. I fear it will be, but we've got
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to fight it. Very well said. Ezra Levant, the rebel commander himself. Thank you so much and best of
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luck. Thanks. Bye-bye. Thanks for listening to the Andrew Lawton Show. Support the program by donating