The Canwest suit lists a print shop and Mordecai as named defendants, and then pads the list out with six unnamed defendants: John Doe #1, John Doe #2, John Doe #3, and Jane Doe #1, Jane Doe #2, Jane Doe #3. While ostensibly centering on a commercial violation of trade mark, the charges read like a political attack. They assert that Mordecai and the six John/Jane Doe defendants have been involved in “anti-Israeli and pro-Palestinian media activities”, and have written or spoken “harshly critical of the State of Israel and of the plaintiff and anyone who publishes articles or views which the defendants perceive to be contrary to their own views”. In Canwest’s Writ of Summons Mordecai’s name is repeatedly linked to Canada Palestine Support Network, a group that is not even alleged to have anything to do with the parody. They demand a sweeping variety of remedies including an injunction restraining the defendants from “publishing injurious falsehoods by way of newspapers or other publications, on the internet or otherwise”.
Is Canwest to be the arbiter of “falsehood”? Imagine the implications of that for the Charter right to free speech. Galileo had a similar problem with the Pope on the question of whether the sun revolved around the earth or vice versa.
Answering the accusation of being involved with the creation of the parody, Mordecai responds- “I have always been proud to publish anything I have to say under my own name, and to hold myself accountable for my words, ideas and actions. But, I had nothing to do with the conception, creation, production and financing of this satire and have no idea who did”. The lawyer for Canwest has confirmed in writing that they have no documents whatsoever showing Mordecai Briemberg’s involvement in any of the allegations made against him. Yet Canwest still refuses to drop their suit! So… for the act of picking up and distributing a handful of parodied copies of the Vancouver Sun, lying on a table at a public meeting, Mordecai has been taken to court by a media giant with unlimited financial resources and a big time grudge against any criticism of Israel.
2 responses so far ↓
stan squires // March 26, 2008 at 9:09 am |
I am from vancouver and i wanted to say a few words on this law suite.This is a desperate attempt by CanWest to silence free speech.They know they are losing this battle.No matter what they does the progressive people of canada will fight them to the end.They should’nt be allowed to get away with this.IN the end the people will win.
Stan Squires
David // July 22, 2008 at 12:26 pm |
I think that before any rush to judgement is made, we have to hear what the facts are (from an impartial source).
Clearly, people should be allowed to parody (even if it is in bad taste). But I have also heard that some individuals (not necessarily the ones charged) broke into Canwest newspaper boxes. If this is true, then this goes beyond simple parody–it is outright vandalism.