27 January 2001, SATURDAY, Toronto Star

Web-site writer cited for contempt

Posted details about sexual assault trial

Tracey Tyler
LEGAL AFFAIRS REPORTER

It's a case of cyber familiarity breeding contempt. A Cornwall-area man who jeopardized
 a jury trial by publishing details on the Internet has been cited for contempt of court in a
 case that's taking the justice system into uncharted territory.

Dick Nadeau's latest legal troubles arrived this week after he posted a new piece on his 
Web site about the ongoing sexual assault trial - just days after a Superior Court judge 
admonished him for similar activity.

In addition to being cited for contempt - a hearing with a special prosecutor and judge is 
being organized - Nadeau has been forbidden to put any information about the trial on his 
Web site, including stories from other media sources.

``It's a real freedom of speech issue,'' says Nadeau, who contends his Charter rights have 
been violated by Mr. Justice Colin McKinnon's order last week. ``He's opening a can of 
worms with this. He's really assaulting the Internet.''

McKinnon is expected to hear arguments on Monday on whether to order the Web site 
shut down. The case raises broader questions about whether Criminal Code restrictions 
on publication apply to the Internet or just the regular print and broadcast media.

Nadeau doesn't think he's thumbing his nose at the courts but publishing needed 
information about an alleged pedophile ring he feels was covered up by Cornwall officials.

His latest Web site instalment included not only information, but strong opinions about 
certain players at Jacques Leduc's trial. Leduc has pleaded not guilty to several sex 
charges, laid after an Ontario Provincial Police investigation into alleged abuse by area 
clergy and prominent citizens.

Nadeau, 60, who says he was abused at a Roman Catholic college in the 1950s, got off 
relatively lightly the first time the Web site became an issue at the trial. He published 
information on the site that was covered by a publication ban. McKinnon warned him 
about the ``seriousness'' of what he'd done and told him it had compromised the rights 
of the crown and defence to have a trial by jury.

The judge also warned Nadeau he had the power to cite him for contempt, although he 
stopped short of doing so at the time. After hearing submissions from prosecution and 
defence lawyers about the Web site poisoning the jury pool, McKinnon agreed to 
switch to trial by judge alone and lifted the publication ban.

The question now is whether Nadeau's latest Internet posting is contemptuous.