Judge reserves decision on case promoting hate
Former paralegal pleaded not guilty to 10 criminal charges for advocating genocide online
A Toronto judge has reserved his decision in the case of a former paralegal accused of advocating genocide and promoting hatred in email and on the internet, including an open Twitter account.
Rupen Balaram-Sivaram has pleaded not guilty to 10 charges, including the rare charge of advocating genocide. The charges stem in part from a series of hateful social media posts and emails he allegedly sent to public figures and media organizations that call for death to Jews, homosexuals, Westerners and Christians. He testified this past summer he did not create the social media accounts, including some under his own name, and denies putting out any information to the public to incite hatred.
Last week in court, defence lawyer Jason Rabinovitch reiterated his client’s position that he did not commit any of the alleged offences.
Alternatively, Rabinovitch told Superior Court Justice Michael Brown if he rejects Balaram-Sivaram’s testimony and finds he is behind the emails and social media postings, he should
consider them “personal opinions” that are a reaction to news events. The postings in evidence are simply people having discussions in an open forum, as distasteful and disturbing as that may be, he said in court. In Canada, people are allowed to express contrary opinions, Rabinovitch said during final arguments.
“He can hate the Jewish people,” Crown attorney Kim Motyl said in reply. But his comments take a “great leap” from engaging in political discourse to actively encouraging others to carry out violent acts.
In her written submissions, Motyl wrote that Balaram-Sivaram’s “entire social media footprint is riddled with evidence of his belief that those of Jewish descent and homosexuals should be exterminated. Further, his hard devices — his computer, two USB drives and his cellphone are likewise full of such sentiment.”
The prosecution cited several examples of how Balaram-Sivaram allegedly committed the offence of advocating or promoting genocide in emails sent to public officials and media outlets. One 2014 email attributed to him contained the suggestion that “bombs, viruses and cyber warfare” are the “best punishment” to be delivered across America, Britain and Canada. Balaram-Sivaram sent the email to “a number of individuals in power nationally and internationally who would have the practical ability to execute a campaign of genocide,” the prosecutor wrote.
On Twitter in January 2015, a user named Rupen Balaramsivaram — without the hyphen — tweeted: “The more Jews/Zionists & their Western allies are hurt, killed, the better. Death to Americans, British, Canadians and Jews.” Another tweet said: “Many more Jews to Be Exterminated Along with Useless Christians.”
Motyl called such examples “clear, concise calls to action.”
The Twitter account in his name had a handful of followers. But as the Supreme Court has noted, “when one posts to the internet, one loses the ability to control where the information goes,” she wrote. “There are millions of users who could access that information. Further … the statements were made, not in the context of a private communication but, rather, in the context of an open Twitter account, accessible (to) nearly a billion users.”
The use of the internet to spew vitriol and fearmonger by men charged with violent crimes has been the subject of much attention recently. The man accused of shooting 11 Jews to death in a Pittsburgh synagogue and the Floridian who attempted to bomb critics of U.S. President Donald Trump both reportedly vented online before allegedly committing their crimes.
There’s no evidence BalaramSivaram carried out any violent acts beyond promoting what the prosecution called “his hateful views to the world.” Balaram-Sivaram — who had his paralegal licence revoked in 2011 — is also charged with criminal harassment, uttering threats and impersonation relating to his ex-wife and her current partner.
The Crown alleges that over nine years Balaram-Sivaram, angered by his estranged wife’s new relationship, made harassing phone calls and threats to her and her new boyfriend, in addition to sending hateful emails under his name.