Day 46
Note: I am a poor note-taker and these summaries will contain errors and omissions which will reflect my limitations. My intention is to report on the facts as accurately as possible although a subconscious bias may creep in. I can only provide glimpses into what I see as relevant and interesting events. My goal is to capture the essence of the day’s events rather than be comprehensive.
Read the reference documents: The Legal Case and Events Leading to Trial to obtain an understanding of the case and its history. Names and terms are abbreviated and defined in Glossary.
The defence of Avnish Nanda continued.
Dr. Barbara Perry was called as a witness. She was proffered as an expert qualified to give opinion evidence in sociology and criminology, hate studies, and extremism, with a focus on white supremacy, white nationalism, racism, Islamophobia, and their relationship to Great Replacement Theory (GRT).
Her evidence was intended to counter the testimony of Dr. Kaufmann, who has similar expertise and testified for Caylan.
The direct evidence of Dr. Perry, her cross-examination, and legal argument concerning Dr. Perry’s qualifications took up the entire day.
Direct Examination — Qualification of Dr. Perry
Dr. Perry holds a B.A., M.A., and Ph.D. in sociology. She is the Director of the Centre on Hate, Bias, and Extremism and a Professor of Social Science and Humanities at Ontario Tech University. Her impressive CV is 26 pages long. Her evidence regarding qualifications included:
She previously held a UNESCO Chair for hate studies; there are approximately 40 UNESCO Chairs across Canada.
“Hate studies” examines behaviour motivated by hate, bias, and prejudice.
Her centre works on initiatives to counter hate and raise awareness in schools, law enforcement, and policy settings, including Equity, Diversity, and Inclusion initiatives.
She described “hate” as demonstrating an “us versus them” worldview not typical of the broader population.
Virulent, negative, and hostile narratives are indicators of hatred.
The centre’s work is primarily focused on right‑wing extremism.
Her courses are largely applied-learning programs that lead students into activist initiatives focused on “social justice” and “countering hate/extremist narratives.”
She undertook a right‑wing extremism mapping project examining groups active in the right‑wing environment, their motivations, ideologies, and how to counter them.
She was appointed to the Order of Canada in 2024 for contributions to understanding and addressing hate crime.
She has received more than $7,000,000 in research awards.
She authored In the Name of Hate: Understanding Hate Crimes.
In 2019 she co‑authored Right Wing Extremism in Canada.
She has been interviewed by CBC, and by Emma McIntosh of the Toronto Star.
CBC has paid her for radio syndication interviews.
She provided Duncan Kinney with an opinion letter dealing with white nationalism.
The opinion letter was to be used by Kinney to defend an Elections Alberta investigation into Mr. Kinney and Progress Alberta.
[Kinney and Progress Alberta were Defendants in this litigation but settled by paying Caylan $250,000.]
She has previously been qualified as an expert in Ontario Superior Court on narratives relating to right‑wing extremism.
Cross‑Examination by Mr. Harrison (Qualifications)
Dr. Perry wrote in an article that Stephen Harper vilified Muslims by saying “Islamicism is the greatest threat to the West.”
What PM Harper actually said after 9/11 was that the greatest threat was “Islamic terrorism.”
Dr. Perry testified she had misspelled Harper’s statement.
In her 2019 book, she identified 100 active neo‑Nazi and white supremacist groups in Canada.
In 2021, she testified before the parliamentary Standing Committee on Public Safety.
She told Parliament there were 300 right‑wing hate groups in Canada.
She has repeated the “300 groups” figure in media appearances.
A 2019 CBC program, The Weekly with Wendy Mesley, referenced the alleged 300 groups.
By 2024, journalists began questioning how the 300 figure was calculated.
The identities of the 300 groups have never been disclosed.
She has never released records showing how she calculated the figure.
She has never released the list of groups.
She has never released her methodology.
She testified she could not publish the information because she required approval from Public Safety Canada (the Liberal government).
Seven years after the first public reference to the 300 groups, no further information has been released.
Counsel provided her with Caylan’s quoted statements as reported by Press Progress.
She was asked to provide opinions on:
o Is there a relationship between replacement theory and White supremacy or White nationalism? If so, what is the connection? How is replacement theory used by White supremacists and the White nationalist movement?
o Do the statements express views characteristic of White supremacist discourse or a White nationalist narrative?
o Are the views expressed in these statements views espoused and advanced by White supremacists? Are the Statements White supremacist talking points or rhetoric?
Dr. Perry has received $5,697,341 in research grants from Public Safety Canada since 2010.
Most grants relate to investigating hate, particularly right‑wing hate.
Cross‑examination concluded, followed by a brief re‑direct.
Ruling on Qualifications
Extensive legal argument followed, with the Plaintiff challenging Dr. Perry’s qualifications on several bases including an allegation that she was a biased advocate.
Madam Justice Harris ruled that Dr. Perry was qualified to give expert opinion evidence in sociology, criminology, hate studies, extremism, white supremacy, white nationalism, racism, Islamophobia, and their relationship with Great Replacement Theory.
The Justice noted that issues of reliability and bias would go to weight to be given to Dr. Perry’s evidence.
Adjournment.
Comment
Hatred has served Dr. Perry well and has provided her with both fame and fortune. Her zealous pursuit of it enabled her to become a member of the Order of Canada and to be rewarded with over $5 million in government grants. These benefits were conferred upon her by a Liberal government anxious to find right-wing hate groups wherever they may be, and no price was too high.
She is not beyond hyperbole. She claimed she could not release the 300 hate groups information because Public Safety has not vetted it (it's been 7 years). Numerous journalists have filed FOIP requests through her university to force the release of the data, and those have been denied on the grounds that Dr. Perry has complete control over her intellectual property and has not authorized the release of the data.
Dr. Perry’s prior interactions:
Providing Duncan Kinney (a former Defendant who settled by paying Caylan $250,000) with an opinion letter;
Doing an interview by Emma McIntosh (a current Defendant); and
Doing interviews with CBC (also a Defendant),
These were suggestive of a pro-Defendant bias, and were the basis for the contention by Caylan’s Counsel that Dr. Perry was a biased advocate.