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Marc Lemire Files Criminal Complaint Over CHRC Internet Spying



CRIMINAL COMPLAINT




NAME OF COMPLAINANT:

Marc Lemire




NAME AND ADDRESS OF RESPONDENTS:

Canadian Human Rights Commission
344 Slater Street, 8th Floor,
Ottawa, Ontario K1A 1E1, Canada
Telephone: (613) 995-1151
Fax: (613) 996-9661

Dean Steacy
Investigator,
Canadian Human Rights Commission

John Chamberlin
Manager, Investigations
Canadian Human Rights Commission

Sandy Kozak
Investigator,
Canadian Human Rights Commission



REVLEVANT CRIMINAL CODE PROVISIONS:

Mischief in relation to data
430. (1.1) Every one commits mischief who wilfully
(c) obstructs, interrupts or interferes with the lawful use of data; or
(d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.

Unauthorized use of computer
342.1 (1) Every one who, fraudulently and without colour of right,
(a) obtains, directly or indirectly, any computer service,
(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,

Theft of telecommunication service
326. (1) Every one commits theft who fraudulently, maliciously, or without colour of right,
(b) uses any telecommunication facility or obtains any telecommunication service.

Interception of Communications
184. (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.



ALLEGATION:

On December 8, 2006 at 3:29pm (EST) Dean Steacy and/or John Chamberlin and/or Sandy Kozak, used the pseudonym �Jadewarr� to access the Stormfront.Org website. In order to hide their identity, the respondents wilfully and with malicious intent connected to the wireless access point of Nelly Heckme, without her knowledge and/or approval, in violation of Canadian law.


PARTICULARS:

On December 8, 2006 at 3:29pm, (EST), Dean Steacy, an investigator at the Canadian Human Rights Commission logged onto the Stormfront.Org website using the pseudonym �Jadewarr� to print off a post entitled �Italy for Italians� This print out was entered into evidence by the Canadian Human Rights Commission (CHRC), during a hearing before the Canadian Human Rights Tribunal (Tribunal), File No. T1106/8705, on December 12, 2006. (Beaumont case)

The material submitted by the CHRC showed that the pseudonym logged into Stormfront was �Jadewarr� Attached to this my complaint and marked Exhibit A is the transcripts of December 12, 2006 Tribunal hearing.

On March 25, 2007, I accessed the Stormfront.Org member public profile for user �Jadewarr�. The user profile shows that the last activity (last logon) was 12-08-2006 03:29PM. As well it showed a join date of 02-02-2005 and the E-mail address jadewarr@yahoo.ca. Attached to this my complaint and marked Exhibit B is the Stormfront member public profile for �Jadewarr�.

In March, 2007, I requested and received the IP address and e-mail address associated with the Stormfront member �Jadewarr� from Don Black, the owner and operator of Stormfront.Org.

He provided me with the following information:

� IP Address: 70.48.181.203
� Host Name: bas2-ottawa23-1177597387.dsl.bell.ca
� E-Mail address used: jadewarr@yahoo.ca

Attached to this my complaint and marked Exhibit C is the affidavit of Marc Lemire, dated 12 February 2008.

On May 10, 2007, at the hearing of Warman v. Lemire, before the Canadian Human Rights Tribunal, the CHRC invoked Section 37 of the Canada Evidence Act to block all questioning on the �Jadewarr� account. Dean Steacy was the witness on the stand.

On May 14, 2007, Marc Lemire filed a motion before the Canadian Human Rights Tribunal for a subpoena of Bell Canada�s records for:

User account and subscriber information for the user of IP Protocol address: 70.48.181.203, with hostname bas2-ottawa23-1177597387.dsl.bell.ca, that was connected to the Bell Sympatico and/or Bell Canada network on: December 8th, 2006 at 03:29 PM (EST)

On May 15, 2007, The Canadian Human Rights Commission replied:
The Commission, pursuant to section 37 of the Canada Evidence Act, R.S.C. 1985, c.C-5, formally objects to the disclosure of this information. We certify to the Tribunal that this information should not be disclosed on the basis of the public interest as the disclosure of this information would be prejudicial to the Commission�s investigative process

On May 17, 2007, the Tribunal ruled that Section 37 has been invoked by the CHRC for the Bell Canada Subpoena, and that only the Federal Court of Canada can review the application. Attached to this my complaint and marked Exhibit D is the ruling by the Tribunal.

On May 17, 2007, Marc Lemire filed a Notice of application with regard to Judicial
Review of all Section 37 invocations, before the Federal Court of Canada.
On December 20, 2007, Margot Blight, counsel for the Canadian Human Rights Commission gave in on all Section 37 objections and made voluntary admissions on the identity of Jadewarr. The information revealed by the CHRC, in admissions certified as true by counsel, in regards to Dean Steacy was:

2. Getting back to Jadewarr, do Commission employees sign up accounts on Stormfront, under pseudonyms such as �Jadewarr�?
o I used the Jadewarr email address to create an account on Stormfront. I am not aware whether or not other investigators have created other accounts on Stormfront.
3. Do you know who Jadewarr is?
o Jadewarr is not a person, it is an email address and a user account on Stormfront.org. I created the Jadewarr email address on yahoo.ca and the Jadewarr account on Stormfront. I have used the Jadewarr email address and the Jadewarr account on Stormfront on occasion, in the course of investigating complaints. I am not aware of anyone else having used the Jadewarr email address or account.

Attached to this my complaint and marked Exhibit E is the admissions by the CHRC dated December 20, 2007.

On January 15, 2008 before the Federal Court of Canada, CHRC counsel Margot Blight withdrew their Section 37 objection to the subpoena of Bell Canada. Attached to this my complaint and marked Exhibit F is the ruling by the Federal Court of Canada.

On March 3, 2008 the Canadian Human Rights Tribunal allowed the issuance of a subpoena of Bell Canada�s records for the �Jadewarr� records. Attached to this my complaint and marked Exhibit G is the ruling by the Canadian Human Rights Tribunal.

On March 25, 2008, Alain Monfette, director of the law enforcement support team for Bell Canada, testified under oath before the Tribunal (Warman v. Lemire) that the owner of the IP address 70.48.181.203 on December 8, 2006 at 3:29PM was:

Nelly Hechme
570 Laurier Ave W
Ottawa, Ontario
User ID: b1cgsw59
Connection date and time: December 7, 2006 from 18:37:22 to December 8, 2006 at 21:35:56

Attached to this my complaint and marked Exhibit H is the subscriber information as provided by Bell Canada.

On March 25, 2008, Dean Steacy testified under oath before the Tribunal (Warman v. Lemire) that he used the �Jadewarr� account and printed the webpage as used in the Beaumont case. Dean Steacy also testified that: John Chamberlin, Sandy Kozak and his assistant also had the password to the �Jadewarr� account. Mr. Steacy also testified that he does not know who Nelly Hechme is.

On March 26, 2008, the National Post newspaper in a front page story entitled �Jeers and Loathing at tribunal� reported the following:

Reached by phone last night, Ms. Hechme, 26, told the National Post she has no connection to the tribunal, has never known any of the investigators, and has never accessed a Web site as Jadewarr. She said that in the relevant period in 2006 she did have a Bell Sympatico account with a wireless connection that was not password controlled, meaning anyone within range of her apartment could have accessed the Internet with it.

Attached to this my complaint and marked Exhibit I is the March 26, 2008 National Post article.

On March 26, 2008, Marc Lemire attended the address of Nelly Hechme at 570 Laurier Ave W. Upon arriving, it was clear that the Canadian Human Rights Commissions office was merely 1 block from her apartment.

A mapquest review of the location shows that between the CHRC�s office at 344 Slater Street, 8th Floor and Nelly Hechme�s apartment at 570 Laurier Ave W, is separated by a large open field. Attached to this my complaint and marked Exhibit J is a satellite view of the area.

It takes a purposeful intent to connect to a wireless access point. The person would have to scan for wireless access points. And then select the one you wanted to connect to. It was no accident they connected to Nelly Hechme�s access point, in order to impersonate her internet IP address and conceal what they were doing on internet websites.

The Canadian Human Rights Commission employees have taken numerous steps in the past to hide their real internet IP address, by using Internet anonymous redirecting services such as �the-cloak.com�.

In an attempt to cover up their actions, the CHRC has attempted to block the issuance of a subpoena of Bell Canada�s records on at least three occasions.

1. Initial motion filed for Bell Canada Subpoena (Motion filed: May 14, 2007, Section 37 of CEA invoked by CHRC on May 17, 2007)
2. Federal Court of Canada (CHRC initially made submissions on why it should not be released. And then at the hearing date on Jan 15, 2008, the CHRC revoked their Section 37 of the CEA objection)
3. Tribunal on issuance (CHRC against tried to block the Tribunal from issuing a subpoena. Tribunal issues subpoena on March 3, 2008)

The dominant motive of the CHRC was to hide what their employees did and thus conceal from the public the questionable actions on their employees.

A wireless signal from a wireless access point can easily travel a city block.


COMPLAINT:

Dean Steacy and/or other Commission employees willfully connected to the wireless access point owned by Nelly Hechme, in order to hide their online identity. Then impersonating Mrs. Hechme, via her internet connection, browsed to Stormfront.Org website and printed documents that were submitted as evidence of material fact before the Canadian Human Rights Tribunal.

1. By wilfully and with malicious intent connecting to Nelly Hechme�s wireless access point and then using her internet connection without authorization, they have committed Mischief in relation to data in contravention of Section 430 (1.1) (c)(d) of the Criminal Code.

2. By wilfully and with malicious intent connecting to Nelly Hechme�s wireless access point and then using her internet connection without authorization, they have committed Unauthorized use of a computer in contravention of Section 342.1 (1) (a)(b) of the Criminal Code.

3. By wilfully and with malicious intent connecting to Nelly Hechme�s wireless access point and then using her internet connection without authorization, they have committed Theft of telecommunication service in contravention of Section 326 (1)(b) of the Criminal Code.

4. By wilfully and with malicious intent connecting to Nelly Hechme�s wireless access point and then using her internet connection without authorization, they have committed Interception of Communications in contravention of Section 184 (1) of the Criminal Code.

5. By wilfully and with malicious intent connecting to Nelly Hechme�s wireless access point and then using her internet connection without authorization, they have committed other Criminal Code violations which this Police Service may deem applicable.





Respectfully submitted;


Marc Lemire
31 March 2008