Lawyer who lodged complaint in 2016 says result 'ludicrous both in terms of the delay and outcome'
The Law Society of Ontario will take no further action against a lawyer who advertised in the pro-Nazi, Holocaust-denying and misogynist tabloid Your Ward News.
The lawyer, David Faed, participated in a Regulatory Meeting with the Law Society’s Proceedings Authorization Committee in November. The committee announced in December that while placement of the ad was not in the public interest and inconsistent with the professionalism standards under the Rules of Professional Conduct, the regulatory issue had been addressed and no further action would be taken.
In 2019, the editor and publisher of Your Ward News were convicted of wilful promotion of hatred against Jews and Women, contrary to s. 319(2) of the Criminal Code.
Back in 2016, Ottawa-based human rights lawyer Richard Warman brought the complaint against Faed. Warman argued his association with the publication violated a number of sections of the Rules of Professional Conduct, including s. 6.3.1-1: that lawyers have a “special responsibility to respect the requirements of human rights laws” and “honour the obligation not to discriminate.”
Warman says Faed’s matter should not have taken so long to conclude and that the misconduct was “self-evident.”
“This is ludicrous both in terms of the delay and outcome,” he says. “… Whether a lawyer should advertise in a neo-Nazi tabloid that openly promotes hatred of women and Jews should not have been a difficult question.”
“This investigation by the Law Society of Ontario has been a failure from start to finish… There is no way under the sun, that an investigation of that nature should take four and a half years.”
Law Times contacted Faed, but he declined to comment for this article.
Your Ward News was operated by editor James Sears and publisher Leroy St. Germaine, who were found guilty of wilful promotion of hatred by Justice Richard Blouin of the Ontario Court of Justice. The publication was found to have contained the glorification of Nazism and Adolph Hitler, Holocaust denial, the demonization of Jewish people and of women and the celebration and promotion of rape. In 2016 Canada Post stopped distributing Your Ward News after Warman filed a complaint to the Canadian Human Rights Commission.
At the Regulatory Meeting, Faed told the Law Society he had not read Your Ward News, was unaware of the nature of its content and that he does not share “any hateful views that may have been espoused by the publisher or editor.” The Law Society added that Faed had withdrawn the ad three years ago and was “unlikely to conduct himself similarly in the future.”
But despite Faed’s explanation to the Law Society, Warman says Faed continued advertising into 2017, after Warman had contacted him and explained his concerns with the publication’s content. He adds that Sears and St. Germaine were required under their release conditions to stop publishing – they were arrested in 2017 – so Faed cannot be credited for no longer advertising with them.
“This idea that somehow of his own good graces, Mr. Faed stopped the advertising in Your Ward News is simply – I don't believe that's a credible explanation,” says Warman.
Faed’s ads also included a disclaimer stating: “Independent. I am not involved with the New Constitution Party of Canada,” which Faed believed would “distance himself” from the contents of the publication, said the Law Society.
According to its website, the New Constitution Party of Canada is “an all-inclusive federal party based on Libertarian doctrine, Christian values, and National Socialist ideology.” The party, which is led by Sears, “incorporates the intellect of Dr. Ron Paul, the heart of Chancellor Adolf Hitler, and the soul of Jesus Christ, into one powerful political Chimera that will crush the Marxist beast.”
Sears is representing himself on appeal. He seeks to have his conviction overturned on the basis his former lawyer was incompetent, partly for refusing to call a witness who would have testified that gas chambers were not used against Jews in the Holocaust.