A visit was made to YouTube (http://www.youtube.com/) on June 4 2009 to view a video
entitled Microsoft Bing “Decision Engine” (“the video”).
A YouTube user with a name of “DrainExpress” published the following statement (“the
statement”) under the video:
“Just the Chinese sounding name turns me off. After dodging them all day on the roads I truly do not feel like having ANYTHING resembling China or the Chinese at home, especially sounding Chinese on my private computer screen. A big marketing mistake...”
DrainExpress on YouTube describes himself as follows:
Name: Marcel Age: 45 I am 44 and very happy about it! Country: Canada Occupation: Plumber (licensed) - self employed Companies: Drain Express Interests and Hobbies: Sciences,working out Movies and Shows: House,Star Trek Music: Soft rock,Country Books: Science books”
• DrainExpress describes himself as a “self employed” licensed plumber named Marcel
whose country is Canada (“the YouTube description”).
• Since DrainExpress indicates that his country is Canada, the statement self-evidently
referred to the ethnic Chinese Canadians that he encounters daily on the street in Canada, not to the Chinese in China.
A company named “Drain Express” has the following business information (“the Profile
Canada description”) listed on Profile Canada (http://www.profilecanada.com/): 315-3953 Godwin Ave Burnaby BC, V5G 4A1 Phone #: 604-294-5908 Key contact: Marcel Nowakowski , Owner Approximately three employees work at this location Sales: $1 - $500,000 Products and Services Description Description Plumbing Drain & Sewer Cleaning Repair Shops and Related Services (various)
• The Profile Canada description shows that the owner of Drain Express in Burnaby BC,
Canada is a person named Marcel Nowakowski whose job description is “Plumbing Drain & Sewer Cleaning”, which corroborates with the YouTube description.
A company named “Drain Express” has the following business information and
advertisement (“the YellowPages description”) listed on YellowPages (http://www.yellowpages.ca/):
“315-3953 Godwin Avenue, Burnaby, BC V5G 4A1 Telephone: 604-715-4903”
• The listed address and postal code matched with those on the Profile Canada description.
• The listed business category for Drain Express is “Plumbing Contractors”, which corroborates
with the YouTube description as well as the Profile Canada description.
• The phone number of 604-715-4903 listed in the YellowPages description indicates that
the phone number of 604-294-5908 listed in the Profile Canada description could potentially be obsolete.
A website called JetShovel.com (http://jetshovel.com/) which stated:
“My name is Marcel Nowakowski and I invented the JetShovel. Since 1995 I run a small plumbing company called "Drain Express" in Burnaby, B.C.”
• A Marcel Nowakowski states that he runs “a small plumbing company called "Drain Express" in Burnaby, B.C.” , which corroborates with the YouTube description, the Profile Canada
description, and the YellowPages description.
• A picture of a van (“the van”) with “Drain Express”, “Expert Plumbers and Drainmen” is
shown on JetShovel.com, which corroborates with the YouTube description, the Profile Canada description, and the YellowPages description.
• The advertisement on the van matches with the advertisement on the YellowPages
description.
Email exchanges were subsequently made with DrainExpress on YouTube on June 4, 2009:
1st Sent to DrainExpress:
“Company: DrainExpress Owner: Marcel Nowakowski Address: 315-3953 Godwin Ave Burnaby BC, V5G 4A1 Phone: 604-294-5908 Crime: Making racist comments while feeding off real estate boom in Vancouver mainly due to influx of Chinese capitals. Penalty: Efforts will be made to widely distribute your videos and racial comments”
• DrainExpress was made aware that this email exchange addressed only to Marcel
Nowakowski of DrainExpress located at 315-3953 Godwin Ave., Burnaby, BC with a phone
number of 604-294-5908 (phone number is potentially obsolete).
• DrainExpress was made aware that ”efforts will be made to widely distribute” his videos and
racial comments.
1st Reply from DrainExpress: “First of all we are one race sharing 99.8% of genes. I found out that people crying racism like yourself are just lazy bums and liars. The Influx of the Chinese from Hong-Kong pushed the real estate to ridiculously high levels making buying a home impossible for most Canadians in Vancouver. If you want to distribute my comments - please, do - since almost all non-Chinese share my views and I will gladly use free advertising, you idiot! Freedom of expression is essential to Canada and you are obviously non-Canadian, you disgusting commie! You belong to China!”
• As DrainExpress did not object to the premise stated in the first sent email, he acquiesced
that he was indeed Marcel Nowakowski of DrainExpress at 315-3953 Godwin Ave., Burnaby, BC with a phone number of 604-294-5908 (phone number is potentially
obsolete).
• DrainExpress’ statement of “The Influx of the Chinese from Hong-Kong pushed the real estate to
ridiculously high levels making buying a home impossible for most Canadians in Vancouver” establishes the motive of the statement that he made on YouTube.
• DrainExpress gave a first consent to wide distribution of his comments and the statement
by stating “If you want to distribute my comments - please, do - since almost all non-Chinese share my views and I will gladly use free advertising, you idiot!.”
2nd Sent to DrainExpress: “Marcel Nowakowski's racial comments made on June 3 2009 are documented.”
• DrainExpress was made aware that his comments were “documented.”
2nd Reply from DrainExpress:
“Marcel Nowakowski pisses on this fact. Marcel Nowakowski truly does not give a fuck about the Chinese whatsoever: plus or minus - I just do not give a fuck about you and do not want you or anything resembling you in my house.”
• DrainExpress confirmed his discriminatory view of the Chinese Canadian in the Vancouver
area by stating “Marcel Nowakowski truly does not give a fuck about the Chinese whatsoever: plus or minus - I just do not give a fuck about you and do not want you or anything resembling you in my house.”
3rd Sent to DrainExpress:
“Sure Marcel Nowakowski, I will report this email and your comments to the appropriate licensing association.”
• DrainExpress was reminded that his emails and comments would be reported “to the
appropriate licensing association.”
3rd Reply from DrainExpress:
“Be MY GUEST. LOL !”
• DrainExpress gave a second consent to report his emails and comments to the
appropriate licensing association by responding “Be MY GUEST. LOL !”
4th Sent to DrainExpress: “Sure I will report this hateful email to the police Marcel Nowakowski.”
• DrainExpress was again reminded that his emails and comments would be reported “to the police”.
