Rebel News Podcast - October 08, 2024


Ezra Levant's phone call with Daniel Varnars at the BC Human Rights Tribunal


Episode Stats

Length

15 minutes

Words per Minute

136.86838

Word Count

2,120

Sentence Count

152


Summary

In this episode, we talk to the BC Human Rights Tribunal's Complainant, Jessica Simpson, about her complaint against the tribunal. The complaint was filed in March of 2021, but it has not been served to the tribunal since.


Transcript

00:00:00.000 Thank you.
00:00:30.000 I just got an email from you today.
00:00:54.040 I'm the president of Rebel News, and I've just received the BC Human Rights Tribunal complaint.
00:01:04.100 The complainant is named as Jessica Simpson.
00:01:08.320 We know that person by several names.
00:01:12.480 And I'm just calling because I haven't been part of the BC Human Rights Tribunal process.
00:01:18.060 And it looks like I can call you to ask some very basic questions.
00:01:24.200 Is that right?
00:01:26.080 Yes, yes.
00:01:28.080 Excellent.
00:01:28.980 The first question, is this a good time right now?
00:01:31.260 Do you need to get the file in front of you, or do you know the one I'm referring to?
00:01:36.460 I know the one you're referring to because I sent it earlier this morning, so it's sort of fresh in my head.
00:01:42.400 Excellent.
00:01:42.700 I don't have it right in front of me at this moment.
00:01:44.640 But nonetheless, go ahead and I'll see if I can answer your questions.
00:01:48.060 Thank you.
00:01:49.260 My first question, I'm honestly a little bit surprised because when I looked at it, it says that this was received by the Human Rights Tribunal in March of 2021.
00:02:02.760 It's stamped in the big red stamp on the complaint.
00:02:06.860 You saw that, of course, right?
00:02:09.960 Yes, I'm aware of that.
00:02:11.680 So that's, you know, three and a half years ago.
00:02:16.320 Are you sure this complaint is still current?
00:02:21.480 I don't know what you mean by current, but it just reflects the delay that we have due to the volume of cases and resources available.
00:02:31.280 It's an unfortunate circumstance that it wasn't served much earlier than this, but nonetheless, it is now being served.
00:02:44.780 It's a delay that's been experienced, you know, just across the board of the tribunal, and many of our complaints are not getting out as promptly as they ought to.
00:02:56.300 Okay.
00:02:57.060 Well, are you sure that the complainant still wants to proceed?
00:03:00.280 Like, the complainant may have a different point of view three and a half years later.
00:03:07.200 Like, are you certain that this is still even wanted by the complainant?
00:03:12.540 How do you, like, can I ask when the last time this was refreshed?
00:03:17.200 Because it seems pretty stale.
00:03:18.620 We've sent a communication to the complainant, and the complainant has not indicated that they don't want to participate any further.
00:03:32.360 They've not indicated as such, but they have been notified recently that these complaints will be moving forward shortly.
00:03:39.500 Okay.
00:03:40.540 And you said you didn't...
00:03:42.100 Yes, this complaint will be moving forward shortly.
00:03:43.780 Sorry.
00:03:44.580 Got it.
00:03:45.560 So you're saying you haven't heard back either way?
00:03:48.620 Well, I can't remember the footing of the notice.
00:03:54.400 I mean, we informed the complainant that this complaint would be moving forward, and if they, you know, if they don't want to withdraw, if they want to withdraw, if they don't want to proceed, they could notify us and have us notify us if they don't want to proceed.
00:04:09.440 So the complaint is proceeding.
00:04:11.380 We're very familiar with this complainant because he's a serial, vexatious litigant.
00:04:18.620 He sued us in court last year, and we applied for an anti-SLAPP application.
00:04:29.640 Do you know what SLAPP stands for?
00:04:31.000 Strategic Litigation Against Public Participation.
00:04:33.820 So he filed this nuisance suit against us.
00:04:38.400 We went to the court, and the court threw out the case saying that the complainant was just doing it to be abusive and vexatious.
00:04:50.240 Are you aware of that?
00:04:51.620 I'm aware of some of the background of this individual, but I'm not, no, I'm not aware of that specific.
00:05:01.260 Okay, because it's pretty clear to me that this is just another nuisance suit.
00:05:06.020 And since this was filed three and a half years ago when I was a young man still, several courts have weighed in on the complainant.
00:05:19.400 Not just the anti-SLAPP litigation that we won, but just a few weeks ago, we went to court to remove a false publication ban that this plaintiff had managed to convince a judge to put over some, he was harassing some guy, and managed to convince a court to put a publication ban on it.
00:05:42.840 We went to court, and had the judge lift the publication ban, and the court thanked us for it, because this complaint is such a ethereal, nuisance litigant.
00:05:56.320 So the reason I'm calling you is not just to say your complaint is very stale, but it's to point out that you were dealing with British Columbia's worst, vexatious litigant.
00:06:10.440 He's abusive of legal processes.
00:06:14.260 He's using the BC Human Rights Tribunal as a weapon in a vendetta.
00:06:20.980 It's not a legitimate claim.
00:06:23.700 Various courts have slapped him down for abusing the system, and I want to make sure you are aware of that, because he's doing the same here.
00:06:35.280 What do you think about all that?
00:06:37.260 The tribunal is aware of some of what you're referencing.
00:06:43.680 Nonetheless, the complaint was reviewed and accepted for processing, and it was served, and you've received that service.
00:06:54.220 If you want to bring to light any of these things, you can do so by way of your complaint.
00:07:03.580 And the tribunal then may give you the opportunity to file an application to dismiss.
00:07:09.500 But nonetheless, the complaint's been served.
00:07:11.860 I've been instructed to serve it.
00:07:13.180 I'm not the person in charge of making these decisions about whether or not complaints go forward.
00:07:18.440 I've been instructed that this one is, and I've served it.
00:07:21.440 I really can't sort of engage with you about that decision, because that's not mine to make.
00:07:30.020 So can I ask?
00:07:31.240 I was instructed to serve the complaint, and the complaint was served.
00:07:34.280 Can I ask who made the decision to go ahead with it?
00:07:39.240 Do you know?
00:07:39.560 It's whoever screened the complaint.
00:07:43.580 It's one of the – the tribunal has a screening process.
00:07:46.720 They review it, and they determine, okay, is this set forth enough that the complaint can move forward.
00:07:53.800 And it's done by the tribunal.
00:07:57.840 There's a screening process that takes place.
00:08:01.300 I can't give you the name of that individual, but it was screened and determined that it should move forward.
00:08:06.840 Got it.
00:08:07.220 Now, I just want to say one last thing.
00:08:09.180 I don't – it sounds like you reviewed the case and then just served it this morning, which is why I'm calling you.
00:08:14.320 We are a news organization.
00:08:16.640 We're not – so – and if you read the complaints, what Jonathan Munee was complaining about are news reports and editorial opinions expressed by our journalists.
00:08:29.940 We're not, like, we're not like a landlord who kicked him out or a restaurant who refused to serve him.
00:08:37.000 Like, we didn't have any interaction with him that he would have a right to, like, rent a room or something.
00:08:46.440 He's using this system to complain against our freedom of speech.
00:08:51.340 You realize that, right?
00:08:53.260 You realize that – like, I have it in front of me here.
00:08:56.460 He claims we insulted him.
00:08:58.520 And perhaps we did.
00:09:00.240 I'm not conceding anything.
00:09:01.920 I think we were just giving our genuine opinion.
00:09:03.900 But why are you allowing him to use the Human Rights Tribunal, which is meant to protect people from being kicked out of an apartment or protect people from being fired for racism?
00:09:17.820 Why are you letting him use that to silence journalists?
00:09:20.760 The bar to be having a complaint accepted and moving forward to screen it in, it merely needs to allege a violation of the Human Rights Code.
00:09:34.300 This person has alleged a violation of the Human Rights Code.
00:09:39.140 The file has been reviewed and determined that at least it alleges that.
00:09:44.760 And so it's going forward.
00:09:46.980 But which section?
00:09:47.900 Okay, help me out here.
00:09:48.740 I mean, it's just – this is sort of a crazy person's complaint written in capital letters.
00:09:55.160 Like, it's not a real legal document.
00:09:57.300 He clearly did this by himself.
00:09:58.960 I'm trying to find – okay, so I'm just going through it here.
00:10:02.020 He lists what he says is the harm.
00:10:04.740 He lists – like, I'm just trying to see what section of the act he alleges we've violated.
00:10:16.120 I don't even see that here.
00:10:17.640 Am I missing you, or have I –
00:10:18.780 The Human Rights Code – well, I mean, it says in the letter that was sent that there's alleges that Rebel News Network Limited discriminated on the grounds of mental disability, physical disability, gender identity, or expression, sex, and sexual orientation in the area of publication, contrary to the Human Rights Code.
00:10:41.480 But that's what it alleges.
00:10:44.140 Okay, so you're – so in the area of publication, okay, so I forgot, BC still has that draconian censorship provision on the books.
00:10:58.280 Let me just – if you've got a few minutes, stay with me.
00:11:01.300 I forgot that other jurisdictions have removed that, the federal jurisdiction, but publication – let's take a look.
00:11:11.440 Section 7, a person must not publish, issue, or display any statement, publication, et cetera, that indicates discrimination.
00:11:20.700 Well, we're not discriminating, likely to expose a person or group or class to hatred or contempt.
00:11:29.380 All right, so you're just going full censorship.
00:11:31.500 You're not saying that we've discriminated in accommodation or service.
00:11:35.040 You're just – you're doing the censorship play, Section 7.
00:11:39.180 Is that right?
00:11:39.940 Section 7, discriminatory publication?
00:11:41.640 Yes, it was accepted – yes, it was accepted under the area of publication.
00:11:46.840 Got it.
00:11:47.420 So what you're doing is you are putting Rebel News on trial because Jonathan Univ says our editorials violate the law.
00:11:58.020 So you're not claiming that we denied him a service or accommodation or anything.
00:12:02.820 You're just full out saying we're not allowed to say what we said.
00:12:06.800 I'm not saying anything.
00:12:09.960 I'm telling you, you can read that paragraph.
00:12:13.040 It says that it is accepted.
00:12:15.060 It's a process under the area of publication.
00:12:19.280 And what are the penalties that could happen?
00:12:20.920 It's been a while since I've been brought before a Human Rights Commission.
00:12:25.260 After I just totally clobbered the Human Rights Commission in Alberta 10, 15 years ago,
00:12:31.340 they sort of wisely decided to stay away from me.
00:12:34.680 But I guess you guys out west are braver than the other ones.
00:12:39.180 What could happen to me if I'm convicted here?
00:12:41.460 What are the penalties?
00:12:42.880 Do you know?
00:12:44.420 Well, there can be – you know, there can be monetary compensation could conceivably be awarded to a complainant,
00:12:52.920 you know, some kind of order not to continue to cease the discriminatory actions.
00:12:59.440 And there's a –
00:13:02.160 By which he means our story.
00:13:03.740 So you could order us not to talk about him anymore?
00:13:06.660 Well, not to discriminate, to cease the discrimination.
00:13:11.560 You know, we don't –
00:13:12.760 We don't deal with him at all.
00:13:14.360 We've never –
00:13:15.380 By discriminating –
00:13:15.940 No, I'm saying, as a general matter, you can go to our website,
00:13:19.700 you can look up the remedies that are available under the Human Rights Code.
00:13:23.680 Now, if he loses, do we get any costs awarded against him?
00:13:31.040 No, normally not under our process.
00:13:34.040 There is a provision for costs, but it usually has to be sort of fairly egregious misconduct on the part of the complainant.
00:13:44.680 So there is some limited scope, but if you take a look at our website, there is a place, an information sheet on costs and when costs can be awarded.
00:13:58.000 Okay.
00:13:59.860 I have one more question for you, and I don't mean this in any rude way.
00:14:06.820 Is – your name is Daniel Varnels.
00:14:09.680 Is that Mr. or Miss, or how do you like to be –
00:14:13.680 It's Mr. I'm a male.
00:14:17.900 Okay, I apologize.
00:14:18.920 I just didn't quite – I couldn't quite tell with your voice, so no offense meant.
00:14:23.140 I apologize for that.
00:14:24.400 You're not taken.
00:14:26.040 No problem.
00:14:27.360 Thank you very much.
00:14:28.640 All right.
00:14:29.240 Well, I think you've answered some of my questions.
00:14:31.400 I'm not thrilled with the answers,
00:14:32.640 but we're going to contest this in a way that has never been contested before.
00:14:40.980 We are going to fight in the court of law and in the court of public opinion,
00:14:45.360 and we are going to fight for freedom of speech.
00:14:48.680 So we're going to actually try and turn it into a teaching moment for freedom of speech in Canada.
00:14:56.940 That's what we're going to do.
00:14:57.860 Okay.
00:15:00.480 There's more information about our process on our website.
00:15:04.540 So, you know, like I say, if you need more information, there's lots of information there.
00:15:12.400 But, you know, if you have questions about our process, I can try and answer them for you.
00:15:18.080 But generally, they're all available on our website.
00:15:21.680 Yeah.
00:15:22.280 All right.
00:15:22.620 Well, thanks very much for being so candid with me.
00:15:24.900 I appreciate it.
00:15:26.800 Okay.
00:15:27.340 You're welcome.
00:15:27.920 Bye-bye.
00:15:28.780 Thanks.
00:15:29.160 Bye-bye.