Dear Supporters of Freedom of Speech,
PLEASE TAKE NOTE: this is a fundraiser for legal defense/challenge purposes.
As many of you are likely aware 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 plus my hardcopy password book. 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. The January 3rd date coincides with the day when Monika Schaefer was arrested in Germany and jailed in Stadelheim maximum security prison in München where she remains to this day along with her brother Alfred Schaefer. They are both currently undergoing trials for "Holocaust Denial" and promoting "Hate."
In order to place the current arrest in context I will provide a brief overview of the past 11 years of litigation leading up to this latest event.
I was first charged with a Canadian Human Rights Code, Sec. 13(2) "hate" crime, back in 2007 when a foreign lobbyist organization filed a complaint against myself and my former website Radicalpress.com. Before the case was completed Sec. 13(2) was repealed in 2012, but the same foreign lobby who filed the first complaint turned around and filed a second complaint this time using the federal legal system and, again, alleging an offence that purportedly violated Canada's "Hate Propaganda" laws (Sections 318 - 320) of the Canadian Criminal Code (CCC). The Indictment stated that I, Arthur Topham, did “willfully promote hatred against an identifiable group, people of the [edited out] religion or ethnic origin, contrary to Section 319(2) of the Criminal Code.” PLEASE NOTE: Due to a current Probation Order that remains in effect until September 12th, 2019 I am not at liberty to publish the name of the group that filed the Sec. 319(2) complaint against me.
As a result of the second complaint, on May 16th, 2012 I was arrested, jailed and my home was entered by the RCMP’s "Hate Crime Team" and all of my computers and electronic files plus my firearms were taken.
My trial, known as R v Roy Arthur Topham, 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).
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.
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.
Since my Sentencing on March 13th, 2017 I have been legally communicating with my former readership via a Private email list doing what I can to help promote freedom of speech and disseminating truthful, historically relevant facts to interested parties.
My Conditional 6 month Sentence ended September 12th, 2017 but, as stated, I still have a 2-year Probation period wherein I am unable to publish anything on the Internet or in any social media that, according to Condition 6 of my bail conditions, states: "You shall not publish or post on any internet site or any other media or social media where such postings or publications can be read by the general public any information about persons of [edited out] religion or ethnic origin."
Being well aware of Condition 6 and knowing how the internet is under constant surveillance, I've been careful to avoid breaching this particular condition. That, coupled with the fact that my wife is dealing with very serious medical issues that require my constant care, only reinforced the need to be vigilant. So, as things now stand, I'm not clear as to what evidence the BC Hate Crime Team is alleging that led them to conclude I had breached my probation conditions. That information won't become apparent until I receive Disclosure from the Crown and/or from the BC Hate Crime Team which could be a week or two prior to my first appearance on October 16th, 2018 or not until the actual date when I appear.
When I was sentenced on March 13th, 2017 I was advised by my legal assistant that any email sent out to my former Radical Press List must contain a caveat stating that it is a PRIVATE email. Doing it in that manner would legally protect me from being accused of posting prohibited material on the Internet. My bail conditions do not apply to Private communications. To my knowledge that is the procedure which I followed afterwards whenever sending out an email to my list.
My intention is to challenge this alleged breach of Condition 6 of my Sentencing Order as I do not believe I have breached. I will be self-representing but I have trusted legal counsel that will be advising and assisting me in the preparation of court documents which I will require for my defence.
There is still the possibility that Crown may not pursue the case based on the evidence provided to it by the BC Hate Crime Team. At this point though I cannot know what the outcome will be and must prepare to defend myself.
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!