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OfflineLynda
Joined: 02 May 2006
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PostPosted: 06/ 25/ 08 1:38 am    Post subject: CHRC wants the right to read Parlimentarians letters Reply with quote

32501 Jim Pankiw and Speaker of the House of Commons v. Canadian Human Rights Commission (FC) (Civil) (By Leave)

Charter of Rights - Administrative law - Judicial review - Jurisdiction - Whether the Canadian Human Rights Commission and Canadian Human Rights Tribunal have jurisdiction to inquire into the content of communications between a Member of Parliament and his constituents - Whether the impugned exercise of jurisdiction offends the constitutional principle of democracy, or ss. 2(b) or 3 of the Canadian Charter of Rights and Freedoms.
In October 2003, Dr. Jim Pankiw, at the time an independent Member of Parliament for the riding of Saskatoon‑Humboldt, had printed and delivered, in his capacity as a Member, a “householder”. Nine complaints were received by the Canadian Human Rights Commission alleging that the householder contained discriminatory statements. The Commission referred the complaints to the Canadian Human Rights Tribunal. Dr. Pankiw brought a motion challenging the jurisdiction of the Tribunal to hear the complaints.

July 21, 2005
Canadian Human Rights Tribunal
(Sinclair, Chair, and Hadjis and Doucet, Members)
Neutral citation: 2005 CHRT 28
Applicant Pankiw’s motion that Canadian Human Rights Tribunal lacked jurisdiction dismissed

December 21, 2006
Federal Court, Trial Division
(Lemieux J.)
Neutral citation: 2006 FC 1544
Applicants’ application for judicial review dismissed

December 4, 2007
Federal Court of Appeal
(Décary, Linden and Nadon JJ.A.)
Neutral citation: 2007 FCA 386
Applicants’ appeal dismissed

February 22, 2008
Supreme Court of Canada
Applications for extension of time and leave to appeal filed

http://scc.lexum.umontreal.ca/en/news_release/2008/08-06-23.2a/08-06-23.2a.html
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OfflinePeter O'Donnell
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PostPosted: 06/ 25/ 08 2:07 am    Post subject: Reply with quote

Yet another sign of judicial misadventure -- the growing and disturbing trend for leftist jurists to appropriate to themselves aspects of the political process more properly belonging in the legislative branch -- and between political candidates, successful or otherwise, and their constituents.

This action presupposes the objective existence of a defined one-party state of which the CHRC proposes to be the sole arbiter using little more than its own members' opinions to guide their judgment.
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Offlinebackhoe
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PostPosted: 06/ 25/ 08 3:06 am    Post subject: Reply with quote

Creepy, isn't it?
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OfflineMaikeru
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PostPosted: 06/ 25/ 08 5:31 am    Post subject: Reply with quote

Look at the ballooning body of ever more expensive legal folks involved with consideration of a question that is solvable with simple common sense by any reasonable person in under 30 seconds...
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OfflineBlue Canadian
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PostPosted: 06/ 25/ 08 8:24 am    Post subject: Reply with quote

Truly disgusting.

The next step is to take this concept to pre-school and call it the Human-Rights Youth Movement.

Barf

We must make our cowardly politicians - of all political persuasions - understand that it is they, themselves, who will be targets of this "screening", not just their constituents.

It's time for a new batch of letters - this time asking the MPs how much they would appreciate having their communications monitored by an HRC bureaucrat with an unknown and undisclosed political bias. How comfortable would they feel, knowing that it's not just the potentially hateful comments of their constituents they need to worry about, but the potential that their responses will be monitored - and potentially - available to their opposing members.

Think they'll still be gung-ho on this idea?

Mad
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styky
PostPosted: 06/ 25/ 08 8:25 am    Post subject: Reply with quote

I find this highly questionable especially in light of the recent court ruling. It leaves me wondering how it is possible that the CHRC seems to think they have more power than the courts or the public. Mad
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OnlineMark Fournier
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PostPosted: 06/ 25/ 08 8:38 am    Post subject: Reply with quote

styky wrote:
...the CHRC seems to think they have more power than the courts or the public. Mad

Right now they do have more power because they are answerable to no one. Theoretically the governing party could rein them in but if they refuse to do so the monster stays unleashed and growing.
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OnlineMark Fournier
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PostPosted: 06/ 25/ 08 4:00 pm    Post subject: Reply with quote

bttt
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OfflineWlyonmackenzie
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PostPosted: 06/ 25/ 08 7:11 pm    Post subject: Reply with quote

Peter O'Donnell

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Yet another sign of judicial misadventure


More a matter of "democide" by judicial edict.

Another soviet "rubber stamp" left behind by the Libranos
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fourhorses
PostPosted: 06/ 25/ 08 8:45 pm    Post subject: Reply with quote

I, For One, Welcome This New Can Of Worms


"It's time for a new batch of letters - this time asking the MPs how much they would appreciate having their communications monitored by an HRC bureaucrat with an unknown and undisclosed political bias. How comfortable would they feel, knowing that it's not just the potentially hateful comments of their constituents they need to worry about, but the potential that their responses will be monitored - and potentially - available to their opposing members."

Posted by Kate


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OfflinePeter O'Donnell
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PostPosted: 06/ 25/ 08 9:07 pm    Post subject: Reply with quote

It would be interesting if somebody could hack into the files of any HRC and find out what's in there by way of Stasi-like files on various individuals.

Perhaps for example they have a file of bad things Don Cherry has said, or Rick Mercer, or you or me.

Read Ezra's blog for an interesting recent account of gross waste of tax money on conferences and other perks for these thought policemen and women.

And ask yourself this, in 1999, would you have imagined that Stephen Harper would be PM, leader of a Conservative Party and would tolerate the widespread activities of secret police keeping files on what political opinions Canadians hold?

Who died and made this East Germany?
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