Dear Supporters of Freedom of Speech,
PLEASE TAKE NOTE: this is a fundraiser for legal defence/challenge purposes.
ALSO PLEASE NOTE: Due to a current Probation Order that remains in effect until September 12th, 2019 I am not at liberty to publish the names of any of the complainants or any organizations they may work for or any foreign country they may be connected with when speaking of the Breach of Bail case.
The legal battles for former Publisher & Editor of RadicalPress.com continue on two fronts, both criminal and civil. This updated version of my GoGetFunding appeal was uploaded on August 6, 2019 precisely 1 year after my arrest in 2018.
I was arrested again at my home in Cottonwood, B.C. on Monday, August 6th, 2018 by the Surrey based BC Hate Crime Team, allegedly for breaching my Probation Order. I was held in jail at the Quesnel, B.C. RCMP detachment while the "Team" awaited approval for a search warrant. When it was signed by a judge they entered my home and removed my computers and electronic files. I was released around 10 pm and driven back to my home by Cpl. Anthony Statham, lead officer for the "Team" after signing a "Promise to Appear" form stating that I would be present at the Quesnel Provincial Courthouse on October 16, 2018.
The Offence Description on the form reads: BREACH PROBATION under S. 733.1(1) of the Canadian Criminal Code. The Offence Date timeline runs from January 3, 2018 until July 29, 2018.
It’s now been 12 years of litigation that began back in 2007 when I was first charged with a Canadian Human Rights Code, Sec. 13(2) "hate" crime by an agent for a foreign country. That charge was stayed when the legislation itself was repealed in 2012 but it didn’t stop the same agent for the same country from filing another complaint only this time they used Canada's "Hate Propaganda" laws (Sections 318 - 320) of the Canadian Criminal Code (CCC). I was arrested May 16th, 2012 and then underwent a long period of ongoing court appearances that ultimately culminated in a trial known as R v Roy Arthur Topham, which commenced Monday, October 26, 2015 in the Quesnel, B.C. Supreme Court and ended on Thursday, November 12, 2015.
The trial was presided over by B.C. Supreme Court Justice, Mr. Bruce Butler and consisted of a 12-member jury (8 women and 4 men). After the 12 day trial a decision was rendered on the morning of Thursday, November 12, 2015 and I was found Guilty on Count 1 (of 2 identical Counts). I wasn’t found Guilty on Count 1 because of anything I had written of my own but for having posted articles by other authors on my former website. Those articles can still be found on numerous websites today. Also, I had published one parody/satire which consisted of using the verbatim text of another writer and it was that parody which Crown focussed on plus overloading the minds of the jury with hundreds of pages of articles and graphics taken from my former radical press.com website which the members of the jury couldn’t possible read.
The guilty verdict in Count 1 was the key to opening the door for my initial objective which was to challenge the Constitutional legitimacy of the actual section of the Canadian Criminal Code ( Sec. 319(2) which contains the specious “Hate Propaganda” legislation threatening freedom of speech for all Canadians. Upon completion of the hearing Justice Bruce Butler announced that his decision on the matter would not be handed down until March 13, 2017. On that date the challenge to Sec. 319(2) failed when S.C. Justice Butler found that Defence's arguments didn't meet the Bedford Threshold test. I won’t go into it here as it’s much too complex.
As a result, on March 13th, 2017 I was given a 6 month Conditional Sentence which included a curfew, an assortment of other minor prohibitions and an order to take down my website RadicalPress.com (which I had operated since June of 1998). RadicalPress.com was removed from the Internet on March 11th, 2017.
When I was sentenced on March 13th, 2017 I was advised by my legal assistant that any email sent out to my former RadicalPress.com list must contain a caveat stating that it is a PRIVATE. Doing it in that manner would legally protect me from being accused of posting prohibited material on the Internet should others, through ignorance of my legal restrictions, decide to republish any of my emails that may have contained information which would contravene Condition 6 of my Conditional Sentencing Order (CSO). Given that my bail conditions did not apply to Private communications that is the procedure which I followed afterwards whenever sending out an email to my list.
Unfortunately, or not, some of my emails were posted on other people’s websites and the troll who’s been filing complaints against me since 2007 got wind of them and of course complained once again to the Surrey based BC Hate Crime Team. It didn’t seem to make any difference to the thought police that the posts didn’t contain the prohibited ethnic group mentioned in Condition 6 and the complainant’s wishes were granted once again.
Having spent around $50,000.00 on the trial and the Charter challenge, all to no avail and not being particularly impressed with the legal counsel I ended up with after my former counsel Doug Christie tragically died of cancer in March of 2013, I made the decision to self represent. I firmly believe that no one knows all the ins and outs of my 12 years of legal battles better than I do after spending all those years in court. In saying this of course I also must add that I do have trusted legal counsel that will be advising and assisting me in the preparation of court documents which I will require for my defence.
My intention is to challenge this alleged breach of Condition 6 of my Sentencing Order as I do not believe I have breached and I don’t believe that Crown has any solid evidence that will support their allegation that I did.
Since my first appearance on October 16, 2018 after my August 6, 2018 arrestI have been in court numerous times over the issue of full Disclosure and that is still the case as of August, 2019 with only about 6 weeks left before the trail is set to begin! It began at my first appearance when I made it clear to Crown that I required the return of my 27” iMac Desktop computer in order to prepare for my defence. Crown has refused to return it claiming they need it until the trial is over which simply isn’t true. They claim they have to maintain continuity and be able to prove that what they are alleging is true and the if they give me my computer won’t be tampered with should they give me my computer back. It doesn’t seem to phase them at all that without it I cannot prove my innocence.
I finally filed an Application to a Judge in the Quesnel Registry on July 9, 2019 arguing that it’s been a year now since my arrest and I still don’t have full Disclosure from the Crown which I require in order to defend myself. At the hearing on July 16th, 2019 I argued that I am now also involved in a civil claim of defamation and need the computer in order to defend myself against those false charge as well. The Judge at the hearing decided that I would have to appear before the actual Trial Judge who would then make a decision on whether or not Crown would have to return my computer to me. On August 1, 2019 I appeared before the (potential) Trial Judge and after listening to both sides of the argument my application was refused. The Crown though was given notice that they had to provide me with all the information I required in order to defend myself against the Breach charge before commencement of the trial which is scheduled to begin September 16th, 2019 and run for 5 days into October.
In the case of this pending civil suit I responded to it on July 30, 2019 and also filed a Counter Claim against the person/s who initiated the claim.
Battling two separate legal claims is not only an onerous undertaking but a costly one as well although nothing like having to hire a lawyer.
Your help to retain our universal right to freedom of speech is essential and any financial assistance is gratefully and sincerely acknowledged.
Please try to donate online using this GoGetFunding site. You don't need to be a member of Paypal in order to donate. I use Stripe which is preferable and has a reputation for being impartial and supportive. You can use either a credit card or a debit card with Stripe. If you are unable to donate online you can also help by sending either cash, a cheque or a Money Order to the following postal address. Please make sure that all cheques or Money Orders are made out to – Arthur Topham – and sent to:
4633 Barkerville Highway
Again, Thank You so much!----