“I refuse to accept it, I'm a diplomat.” — Pan Xinchun
Toronto — A libel lawsuit was filed against the Deputy Consul General of
China in Toronto Mr. Pan Xinchun who has now been noted in default after he
refused to acknowledge service.
Pan called Joel Chipkar, a local businessman and Falun Gong spokesperson,
a “sinister cult member” in a letter to the editor published in the Toronto
Star on May 1, 2003. Chipkar believes Pan's personal attack on him was
part of a 4 year active and systematic hate campaign against Falun Gong in Canada
by Chinese officials.
Chipkar
said: “My 54 year-old mother-in-law was arrested, electrocuted and beaten blind
and deaf by police in China because she peacefully stood up against the same
illegal state-sponsored slander calling her an “evil cult member,” and demonizing
her cherished belief in Falun Gong and the principles of Truthfulness Compassion
Tolerance, the same teaching that my wife and I practice everyday here in Canada.
These lies are the weapons being used to eliminate Falun Gong practitioners
in China and it is terrifying that Chinese officials are spreading the same
hate here in Canada.”
Chipkar says he has proof that Chinese Consulate officials in Toronto held
a hate rally to condemn Falun Gong. They sent hate materials to government officials
across Canada asking them to not support constituents who practise Falun Gong
in Canada and they have held a hate pictorial display in their visa office for
the past year, claiming that Falun Gong practitioners commit suicide, and are
murderers and terrorists. Claims that Amnesty International and Human Rights
Watch call, “Unproven,” “Questionable,” “Bogus” and part of a “Massive Propaganda
Campaign.” “Thousands of Canadians have been subject to this hate display,”
said Chipkar.
In August, 2003, Chipkar launched the libel lawsuit against Pan in the Ontario
Superior Court. On November 6th Pan was noted in default after he
refused to acknowledge three attempts of service, the third being a substitute
service granted by the courts.
Chipkar now holds a sign outside the Chinese consulate on St. George St. Toronto
stating, “Deputy Consul General Pan Xinchun is sued for Libel.” Chipkar says,
“I want Chinese diplomats to know that if they choose to commit crimes against
Falun Gong their names will be exposed and they will be held responsible for
their actions.” This sign is one of many being erected in Canada exposing Pan
Xinchun's name.
Chipkar's lawyer, Peter Downard of Fasken Martineau DuMoulin, who specializes
in Libel received a call from Mr. Pan on the first attempted service saying,
“I refuse to accept it, I'm a diplomat.”
Mr. Downard disagrees. “The protection of diplomatic immunity is limited and
the courts have taken care in the past to insure that improper conduct is not
protected by Diplomatic Immunity. In writing and causing the letter to be published
in the newspaper, the defendant acted maliciously, in bad faith and for improper
purposes. As such the defendant acted outside his official functions and is
personally liable to the plaintiff.”
This week, Chipkar and his lawyer plan to schedule a court
date to obtain a judgment.
Posting date: 19/Dec/2003
Original article date: 18/Dec/2003
Category: World News
