The State Bar of California
180 Howard Street
San Francisco, CA 94105 USA
Via: E-mail feedback@calbar.ca.gov
Dear Sir/Madam:
RE: Counselor Mr. Jeffrey D. STREAMAN
On Monday March 09th, 2009 Mr. STREAMAN drafted a letter to me on behalf of Ms. Shirin NESHAT, as well as, her organization www.alineshat.com and Sarbazan Organization that I “cease and desist” from expressing my view about Ms. Shirin NESHAT.
On Thursday March 12th, 2009 I responded to the above counselor that he was not in a position to tell me what to do because he was not a court to issue an order to me. In addition, I explained to him that under Canadian Charter of Rights and Freedoms, subsection Fundamental Freedoms 2 b) freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication.1 Additionally, there was an article 19 of Universal Declaration of Human Rights “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”2 Henceforth, there was a legal justification for me to express my thoughts and views about Shirin NESHAT. I also gave him one court order from Canada that how the legal system views organization about freedom of expression.
I would like to bring to your attention that this counselor did not have approval of Law Society of British Columbia to practice law in this province. There was sufficient reason to believe that this counselor did not act in good faith in this matter at all times. This counselor knows very well that in order to stop someone from publishing materials, it needs to go to a courthouse so that presiding honorable judge would issue a publication ban, and since he was not a barrister and solicitor in British Columbia, he would not be able to appear in supreme court in British Columbia, and asking for a publication ban for me. Moreover, he was fully aware that if he wanted to launch a tort-law against me, he needed to be in British Columbia in order to issue a “Statement of Claim” against me, and would follow proper channel. Last, this counselor alleged that there was a deformation of character from my side. This counselor was aware that materials had merit and it was not my vivid imagination.
As a result, this counselor wanted to use his position to stop me by drafting a letter to me and threatening me with civil-action so that I as a freelance journalist to stop my investigation about bad element like Shirin NESHAT. There was a moral responsibility on my side to educate public about individual like her so public would not become her victim, and would protect themselves from her.
According to Criminal Code of Canada:
“423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in
….
(c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.
(2) The conduct referred to in subsection (1) consists of
(a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;
(b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;
(c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;
(d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and
(e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.
(3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years. 2001, c. 32, s. 11.”3
In Canada, freelance journalist have all rights to educate public about bad element like Shirin NESHAT, and law protect journalist from any form of intimidation, threat, and so on. Thus, your counsel has be warned by this letter.
Enclose of this e-mail, I attached my correspondent letter to Mr. STREAMAN.
Author of this letter acted in good faith at all times.
On Thursday March 12th, 2009 I responded to the above counselor that he was not in a position to tell me what to do because he was not a court to issue an order to me. In addition, I explained to him that under Canadian Charter of Rights and Freedoms, subsection Fundamental Freedoms 2 b) freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication.1 Additionally, there was an article 19 of Universal Declaration of Human Rights “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”2 Henceforth, there was a legal justification for me to express my thoughts and views about Shirin NESHAT. I also gave him one court order from Canada that how the legal system views organization about freedom of expression.
I would like to bring to your attention that this counselor did not have approval of Law Society of British Columbia to practice law in this province. There was sufficient reason to believe that this counselor did not act in good faith in this matter at all times. This counselor knows very well that in order to stop someone from publishing materials, it needs to go to a courthouse so that presiding honorable judge would issue a publication ban, and since he was not a barrister and solicitor in British Columbia, he would not be able to appear in supreme court in British Columbia, and asking for a publication ban for me. Moreover, he was fully aware that if he wanted to launch a tort-law against me, he needed to be in British Columbia in order to issue a “Statement of Claim” against me, and would follow proper channel. Last, this counselor alleged that there was a deformation of character from my side. This counselor was aware that materials had merit and it was not my vivid imagination.
As a result, this counselor wanted to use his position to stop me by drafting a letter to me and threatening me with civil-action so that I as a freelance journalist to stop my investigation about bad element like Shirin NESHAT. There was a moral responsibility on my side to educate public about individual like her so public would not become her victim, and would protect themselves from her.
According to Criminal Code of Canada:
“423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in
….
(c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.
(2) The conduct referred to in subsection (1) consists of
(a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;
(b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;
(c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;
(d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and
(e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.
(3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years. 2001, c. 32, s. 11.”3
In Canada, freelance journalist have all rights to educate public about bad element like Shirin NESHAT, and law protect journalist from any form of intimidation, threat, and so on. Thus, your counsel has be warned by this letter.
Enclose of this e-mail, I attached my correspondent letter to Mr. STREAMAN.
Author of this letter acted in good faith at all times.
Thank you
Kind regards
Signed
C.C. Shirin NESHAT via e-mail: shneshat@aol.com
C.C. Shervin SHAHIAN via e-mail: shawnshervan@yahoo.com
C.C. Mehdi HAERI via e-mail: MEHDIHAER@YAHOO.COM
C.C. Korosh Arya via e-mail: irans_aryan_nation@yahoo.com
1http://www.efc.ca/pages/law/charter/charter.text.html#2 14 March 2009
2United Nations <http://www.un.org/Overview/rights.html#a19> 14 March 2009
3 http://www.canlii.org/ca/sta/c-46/sec423.1.html> August 03rd, 2007
C.C. Shirin NESHAT via e-mail: shneshat@aol.com
C.C. Shervin SHAHIAN via e-mail: shawnshervan@yahoo.com
C.C. Mehdi HAERI via e-mail: MEHDIHAER@YAHOO.COM
C.C. Korosh Arya via e-mail: irans_aryan_nation@yahoo.com
1http://www.efc.ca/pages/law/charter/charter.text.html#2 14 March 2009
2United Nations <http://www.un.org/Overview/rights.html#a19> 14 March 2009
3 http://www.canlii.org/ca/sta/c-46/sec423.1.html> August 03rd, 2007
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