Falun Dafa Minghui.org www.minghui.org PRINT

Canadian Falun Gong Practitioners Successfully Appeal

July 09, 2003 |  

(Clearwisdom.net)

In November 2001, the Montreal-based Chinese newspaper "La Presse Chinoise Eastern" repeatedly published materials defaming Falun Gong. Later Canadian Falun Gong practitioners sued "La Presse Chinoise Eastern" and the author of the articles, Chinese secret agent Ms. He Bing in Quebec Superior Court. The Court issued a safeguard order to prohibit "La Presse Chinoise Eastern" and He Bing from publishing any similar materials defaming Falun Gong. The final trail dates will be between November 10th and 25th 2003.

However, after the safeguard order had been issued, the "La Presse Chinoise Eastern" newspaper continued to slander Falun Gong. It published a 12-page long "special edition" on February 2nd, 2002. It repeated the slandering words, and two pages were identical to the previous edition. Falun Gong practitioners again sued the newspaper. This time for "contempt of court", and this case stemmed from the main "defamation lawsuit".

On April 15th, 2002, a court hearing for the contempt of court case was held. The judge on duty decided to throw out the case, saying that the previous court prohibition order was not "clear". Falun Gong practitioners were not convinced and appealed.

On June 27th, 2003, a senior judge in the Appeal Tribunal of the Canadian Quebec Superior Court adjudicated to cancel the previous decision, and ordered the Court to proceed with the contempt of court case.

The Court order indicated that contempt of court is very serious, no matter in a civil or criminal case. Therefore, the Court gave particularly rigorous and fair processing regarding this. After listening to the overall situation of the case, the Appeal Tribunal of the Superior Court decided to overrule the previous decision of the Court, and to consider the contents of the original safeguard order to be clear and accurate.

Mr. Bergman, legal counsel for Falun Gong said: "This decision is another judicial victory of Falun Gong practitioners. This is an important step to the complete stop of inciting hatred against Falun Gong in Canada."

Senior judge Jean- Louis Beaudoin indicated in the judgement: In November and December 2001 and in the early part of 2002, La Presse Chinoise Eastern Inc. published and circulated on its website materials that allegedly seriously offended the appellants. The members of Falun Gong were accused of a variety of criminal behaviours, of indulging in deviant sexual practices, of subversion and sabotage. It appears that most, if not all of these texts, were taken from quasi official statements made by the Chinese government which apparently has attempted by various means to prevent the spreading of the Falun Gong doctrine and to discredit its members in certain expatriate Chinese communities.

The representative for the plaintiff Li Xun said, " 'La Presse Chinoise Eastern' newspaper has served as the media for Jiang's regime to slander Falun Gong in Canada. It disrespects the law. Its attempt of extending hatred-incitement to overseas has failed. 'La Presse Chinoise Eastern' newspaper will face a comprehensive just trial."