HCO PL 4 Jan 1966, "LRH Relationships to Orgs"
"Somebody some day will say 'this is illegal'. By then be sure the orgs say what is legal or not."
L. Ron Hubbard
It seems to have fallen to me to test how far along scientology is to achieving LRH's goal. This came today as the outside attachment of 1 1/2 inch thick stack of legal paper. I will post the first section right after this, and the parts that have not been on the net as soon as I can get them scanned.
Given what I know about such things, even given that most of it is recycled postings, we are talking $50-100k the scientologists have induced Canada to spend on a project to get me sent to a scientology controlled jail.
I really don't like to reg for support, but donations to help pay the legal cost up here would be highly appreciated. Money goes further here than in the states.
Paypal is fastest, my email address or the temple address from freehenson.da.ru both have paypal accounts. Checks to the address there will also work.
If you are outraged at these legal papers, let it be known to the media and here in Canada to your elected representatives.
PS for some really hard to explain reason, they made a copy of all my credit cards, health insurance card, and even my air miles cards a public document.
March 20, 2002
IMMIGRATION AND REFUGEE BOARD
Convention Refugee Determination Division
74 Victoria Street, 4th Floor
RE: Keith Howard Henson
IRS File: TAI-09955
Client File: 4460-0022
Country : United States of America
Hearing Date: Unknown
Please find attached three copies of documentary evidence for use at the hearing of this claim, filed pursuant to subparagraph 69.1(5)(a)(ii) of the Immigration Act, together with a table of contents.
Would you kindly ensure that members of the panel and the RCO receive a copy. Thank you very much for your assistance in this matter.
A copy of this disclosure is also being provided today to Counsel for the claimant.
Counsel for the Minister of
Citizenship and Immigration
(416)952-0711 Fax: 973-1537
GREATER TORONTO ENFORCEMENT CENTRE Toronto Hearings Office, 74 Victoria St., Suite 301, Toronto, Ontario M5C 3C7
Copied to Counsel for the Claimant, Ron Poulton, Mamann & Assoc., 74 Victoria Ave. Suite 303. VIA INTER-OFFICE MAIL.
E-1a Filing of Evidence- with Table of Contents
Citizenship and Immigration Canada Citoyennete et Immigration Canada
NOTICE OF INTENT TO PARTICIPATE by filing evidence and participation at hearing
IMMIGRATION AND REFUGEE BOARD Convention Refugee Determination Division 74 Victoria Street, 4th Floor, Toronto, Ontario MSC 3C7 By Inter-office Delivery Attention: REGISTRAR
RE: Howard Keith HENSON
IRB FILE: TA1-09955 CIC FILE: 4460 0022
TAKE NOTICE that the Minister intends to intervene in the Convention refugee proceedings of the claimant mentioned above.
THE MINISTER is participating under 69.1(5)(a)(ii) of the Immigration Act, as matters involving exclusion under Article 1F(b) have been raised.
THE MINISTER is also seeking to participate also under 69.1(5)(b) of the Act, as matters involving credibility have also been raised, and requests that the Panel exercise its discretion in authorizing participation on those grounds.
REQUEST FOR A CONFERENCE In view of the numerous issues to be addressed, the possible contentiousness of the issues and the possibility of having witnesses, the Minister hereby requests that the Refugee Division direct the parties to attend a pre-hearing conference in accordance with CRDD Rule 20(1).
FACTS ON WHICH THE MINISTER RELIES
On April 26, 2001 the claimant was found guilty by a California jury of having committed the offence described under 422.6 of the Penal Code: "intimidate, threaten or oppress because of race, religion or colour", an offence which is punishable by a maximum term of imprisonment of one year and a fine of $5000. The jury failed to come to a consensus on two other charges of terrorist threats of death or bodily harm and attempt terrorists threats of death or bodily harm. Mr. Henson was therefore not found guilty of those charges.
Prior to his sentencing hearing, Mr. Henson came to Canada as a visitor, failing to advise Immigration officials of his conviction in the USA.
Mr. Henson failed to appear for his sentencing hearing, scheduled for May 16th, 2001. A bench warrant was subsequently issued for his arrest. He was sentenced in absentia on July 20, 2001 to 365 days' imprisonment, which would be decreased to 180 days if Mr. Henson accepted the conditions of probation, a fine of $2,700, submitting to searches upon request and conforming to the terms of a restraining order.
Immigration Canada became aware of the US conviction, reported him under the Act for misrepresentation, inadmissibility for his conviction and the outstanding bench warrant*, and issued a warrant for arrest for inquiry, as he is regarded as a fugitive from justice.
Upon his arrest by Immigration Officials in conjunction with Toronto police, Mr. Henson made a Convention refugee claim, but stated that he wanted the US officials to be advised of his detention.
Mr. Henson was ordered conditionally deported by an IRB Adjudicator and was thereafter released on a $10,000 Immigration bond with numerous conditions. One of the considerations for release was the UN policy on the detention of refugee claimants.
*27(2)(g) and 27(2)(a) for 19(2)(a.1)(1) & 19(2)(a.1)(ii)
THE GROUNDS FOR PARTICIPATION
LAW & FACTS ON WHICH THE MINISTER RELIES
EXCLUSION UNDER ARTICLE 1F(b)
Subsection F(b) of Article 1 of the UN Convention Relating to the Status of Refugees reads:
The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: (b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee.
"SERIOUS" The nature of the offence for which Mr. Henson was convicted is one of implied violence directed toward a particular group, with the means to carry out the threat. The Canadian equivalent for that offence is likely that of "wilful promotion of hatred" at subparagraph 319(2) of the Criminal Code or that of subparagraph 319(1), "public incitement of hatred".
Although the present Canadian legislation only provides for a maximum term of imprisonment of two years, the Minister will argue that it constitutes a serious offence, when viewed within the totality of the evidence, and in view of the proposed Anti-terrorism Act.
In regard to the proposed Anti-terrorism Act, there were proposed amendments to the Criminal Code of Canada that would:
o allow the courts to order the deletion of publicly-available hate propaganda from computer systems such as an Internet site. Individuals who posted the material would be given the opportunity to convince the court that the material is not hate propaganda. The provision would apply to hate propaganda that is located on Canadian computer systems, regardless of where the owner of the material is located or whether he or she can be identified.
a create a new offence of mischief motivated by bias, prejudice or hate based on race, religion, colour, or national or ethnic origin, commiteed against a place of religious worship or associated religious property. This offence would be subject to a maximum penalty of 10 years when prosecuted on indictment, or to a maximum penalty of eighteen months on summary conviction.
o There are also proposed amendments to the Canadian Human Rights Act to clarify that the prohibition against spreading repeated hate messages by telephonic communications includes all telecommunications technologies. [From the Department of Justice Canada Website - Highlights of Anti-terrorism Act.]
The Panel is urged to take these proposed amendments into consideration when assessing the nature and quality of the claimants' actions in the USA in determining whether exclusion is warranted.
Furthermore, there is extensive information which shows that Mr. Henson had engaged in many activities which would comprise other offences under the Criminal Code of Canada, namely:
81(1) using explosives;
82(1) possession of explosives without lawful excuse
176(1) obstructing or violence to clergyman
176(2) disturbing religious worship or certain meetings
181 spreading false news
264(1) criminal harassment
264.1(1)(a) utter death threats
265(1)(b) attempts/ threatens assault
318(1) advocating genocide
The Minister's position is that the claimant's persistence, his single-mindedness exhibited against a particular group, the failure to cease harmful actions despite legal prohibitions, the impact statements of the members of the group, when viewed together, show that the claimant committed a serious, non-political crime prior to entering Canada.
The Minister's position is that, the specific nature of Mr. Henson's actions are such that they could be regarded as offences under Canadian criminal law, and their cumulative effect sufficiently egregious to warrant exclusion under F(b) of Article 1 of the Convention.
Evidence exists that Mr. Henson had embarked upon a pattern of activity designed to cease the operation of the Church of Scientology in the USA. While he may characterize his actions as being politically-motivated, the Minister's evidence shows that the US criminal and judiciary systems found no basis for his allegations against the Scientology foundation.
Indeed, the California court effectively found that Mr. Henson's actions constituted a dangerous form of harassment rather than the exercise of free speech. His actions against the organization were legally characterised as a common criminal offence, rather than political ones.
Other than exercising free speech, there is no compelling evidence that Mr. Henson attempted to use the democratic systems in order to effect change. There is information to indicate that his activities were a hobby, a means of self-expression, motivated by a need for publicity and for personal gain rather than a genuine, political aim.
Mr. Henson's Convention refugee claim is based upon alleged harassment by the Scientology foundation in the USA. However, the converse was found in a court of law in the USA: that Scientology members were criminally harassed by Mr. Henson.
The USA is a democratic nation, which generally respects human rights. It is therefore reasonable for the claimant to have sought redress through the court and police systems in regard to his purported harassment.
In regard to his criminal conviction in the USA, the claimant did not avail himself of the avenues of legal redress prior to seeking international protection. He did not appeal the conviction nor did he choose to be represented by civil-rights experts, according to information to be disclosed by the Minister.
Moreover, information in the Minister's possession indicates that the claimant did not enter Canada with the intention of making Convention refugee claim, but only did so upon the advice of his friends. Mr. Henson is attributed as saying, "I actually came up here for a different reason. I came up here to picket for another cause. And there was so much trolling and so much interest that we said, 'why not"' [May 23, 2001, Internet article by Damien Cave].
Other information indicates that the claimant may have come to Canada and embarked upon a Convention refugee claim in order to generate publicity about his case. In the microcosm of the Internet user group with which Mr. Henson associates, his actions render him a celebrity, as is evidenced in the various E-mails found in the attached disclosure.
There is also an issue about whether the claimants' statements and activities in relation to his stance on Scientology is actually leverage to compel funds from that organization.
The Minister's position is that the present claim is an effort to elude the administration of justice in the USA and as such may be viewed as a claim of convenience.
REQUEST FOR INFORMATION
It is requested that all documents and material to be disclosed at the hearing be copied to the Minister's Counsel, at Suite 301, 74 Victoria Street, Toronto, Ontario M5C 3C7, at least twenty days in advance of the hearing, in accordance with the Practice Notice of the Refugee Division.
It is also requested that the Board schedule a date on which the undersigned Minister's Counsel is available, in consultation with Mrs. Essie Parke, at (416) 952-0705.
The following documents are being prepared for the purposes of the hearing. The Minister intends to disclose them as soon as they are available, in accordance with the IRB's Practice Notice:
1. Legal opinion from Martin Anderson, Department of justice.
2. Print-outs of various screens of claimant's immigration history from CIC database.
3. Documents from Superior Court of California criminal proceedings.
4. Documents of complainants in Caifornia criminal proceedings.
5. Communications from Church of Scientology Members in Canada.
6. E-mail communications.
7. Internet articles on Keith Henson.
8. Detention Review Hearing Transcript, June 6, 2001 & release documents.
9. Canadian Police & Immigration arrest documents.
10. USA Passport & credit card copies.
STATEMENT OF SERVICE
I have provided this notice to the:
CLAIMANT: Keith Howard Henson Street: 2237 Munns Avenue City: Oakville, Ontario Postal Code: L6H 3M9
Being the current address in FOSS, effective Effective Date of Address: 08 June 2001
Method of Service: By Regular Prepaid Mail Date of Service: 19 March 2002
AND TO COUNSEL: Ronald Poulton Street: c/o Mamann & Associates City: Suite 303, 74 Victoria Avenue, Toronto, Ontario Postal Code: M5C 1E8
Method of Service: Via Inter-Office Delivery Date of Service: 19 March 2002
DATED AT TORONTO this March 19, 2002.
Naima Karimullah Counsel to the Minister of Citizenship & Immigration Canada
Greater Toronto Enforcement Center Hearings & Appeals CIC 74 Victoria Street, Suite 301, Toronto, Ontario M5C 3C7 Telephone: (416) 952-0711 Facsimile: (416) 973-1537