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Queen v. Presseault

Queen v. Presseault - Unofficial English Translation 2007...

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Unofficial English Translation R. c. Presseault 2007 QCCQ 384 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL LOCALITY OF MONTREAL °Criminal and Penal Division± No.: 500-01-018771-037 DATE: January 23, 2007 ______________________________________________________________________ THE HONOURABLE MARTIN VAUCLAIR, J.C.Q., PRESIDING ______________________________________________________________________ HER MAJESTY THE QUEEN Prosecutrix v. PRESSEAULT, Jean-SØbastien Accused ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [1] The Crown charged Jean-SØbastien Presseault (°Presseault±) with operating a website, for slightly less than a year, where he wilfully promoted hatred against black and Jewish people. When his trial was due to begin, Presseault pleaded guilty. [2] The crime set out in s. 319(2) Cr. C. calls for imprisonment for a term not exceeding two years, when prosecuted by way of indictment, which is the case here. The Crown asks that Presseault be sentenced to one year of imprisonment, and the defence believes that the sentence may be served in the community. JV 0532 2007 QCCQ 384 (CanLII)
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500-01-018771-037 PAGE: 2 [3] Before passing sentence, the Court must first ascertain the facts and circumstances surrounding the offence. Given the applicable personal and penological factors, it appears necessary to carry out a certain legal and case law analysis of the offence before imposing an appropriate sentence in the case of Presseault. FACTS AND CIRCUMSTANCES OF THE OFFENCE [4] A police investigation on another individual led indirectly to Presseault. After an initial contact and the downloading of hate music, the police obtained a search warrant for Presseault²s residence. Presseault then admitted, which is not in dispute, that he was the administrator of the site °X±. [5] With a guilty plea, Presseault admits all the essential facts of the alleged offence. 1 The prosecution called two police experts to testify about the world of extremists advocating white supremacy, especially their groups, symbols (including tattoos) and practices. [6] First, the address of the website was °X±. Its name sets the tone for the content. The word °hatecore± is self-explanatory. The number 8 stands for the eighth letter of the alphabet, or °H±, and °88± stands for °HH±, or °Heil Hitler±. This is a code used by white supremacist groups. °WP± stands for °White Power . The site²s home page played a musical excerpt from the piece °Thank God I’m a Whiteboy± and presented an image of a burning Odin²s cross, a rallying symbol popularized by the Ku Klux Klan (KKK). [7] The site had sociological content and other aspects that Presseault described as humorous, as well as musical content. [8] Prominently displayed was a tribute to Timothy McVeigh, sentenced to death for the murder of 168 people after he detonated a bomb in Oklahoma City in 1995. The bombing was inspired by The Turner Diaries , a novel in which the hero, Turner, bombs a government building as a gesture of rebellion against Black and Jewish domination.
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Queen v. Presseault - Unofficial English Translation 2007...

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