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fourhorses
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 Posted: 07/ 14/ 09 9:53 am Post subject: Topham fails to make a hard enough case in Penis Post |
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Topham fails to make a hard enough case in Penis Post
CHRT Director of Registry Operations, Guy Gergoire, has ruled that the Tribunal cannot dismiss the case of Abrams/B’nai Brith v Topham/Radical Press, saying it does not have the jurisdiction based upon the basis asserted by the respondent. The ruling is here .
The submission by the respondent included a Motion to Dismiss the case based upon the respondent’s view that the complainant was guilty of violation of s13. The respondent called upon the controversial Penis Post that Connie noted in the ARC posting here and here in this thread Topham files for CHRT dismissal over Abrams' penis post
The Tribunal goes further with this statement:
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The parties are reminded that the principle issues in this case are whether the material is likely to expose individuals or groups to hatred or contempt on the basis of a prohibited ground of discrimination and whether s. 13 is constitutional.
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This is a bit confusing as the Tribunal outlines a principle issue on whether material is likely to expose individuals or groups to hatred or contempt, yet at the same time it says it does not have jurisdiction to dismiss the respondent’s complaint which is filed as a Motion. What I read the Tribunal to be saying is that it doesn’t have jurisdiction to dismiss on the basis that a complainant may have violated s 13.
The Tribunal also tells the parties that it is inappropriate and unacceptable to engage in personal attacks on the parties, their counsels and on any member of the Tribunal staff. Also to refrain from ad hominem attacks on individuals involved in the case.
So what does this all mean?
At least the Tribunal has acknowledged that one of the principle issues in this case is whether s 13 is constitutional.
As far as the respondent goes, Topham will obviously have to stiffen his resolve, take a harder look at things, and maybe lengthen his Motions to take full measure of the issues. He may also have to rise up and head in a new direction. His motion may have been too soft and didn’t stand up.
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Freedom really does not evolve, it revolts.
Today`s rebel is a conservative and fiscal responsibility has become the new counterculture! |
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 Narrow Back
Joined: 05 Apr 2008 Total posts: 2106 Gender: Unknown
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| Posted: 07/ 14/ 09 10:08 am Post subject: |
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It comes as no surprise that he got the shaft. It's unfortunate that there was not a happy ending.
I guess the balls in their court now.
_________________
I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.
John Diefenbaker (From the Canadian Bill of Rights, July 1, 1960.) |
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fourhorses
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| Posted: 07/ 14/ 09 7:44 pm Post subject: |
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| Narrow Back wrote: | It comes as no surprise that he got the shaft. It's unfortunate that there was not a happy ending.
I guess the balls in their court now. |
Who knows what might come from that.
_________________
Freedom really does not evolve, it revolts.
Today`s rebel is a conservative and fiscal responsibility has become the new counterculture! |
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| Connie Fournier Member
Joined: 06 Jan 2001 Total posts: 21101 Location: Kingston, Ontario Age: 44 Gender: Female
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| Posted: 07/ 14/ 09 8:00 pm Post subject: |
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If Harry reads this, he's going to be SCARRED. 
_________________
There is nothing worse than a wormy, half-decomposed cheesebread. |
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Tory_canuck
Location: Red Deer, AB Age: 23 Gender: Female
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| Posted: 07/ 15/ 09 12:38 am Post subject: Re: Topham fails to make a hard enough case in Penis Post |
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| fourhorses wrote: | Topham fails to make a hard enough case in Penis Post
CHRT Director of Registry Operations, Guy Gergoire, has ruled that the Tribunal cannot dismiss the case of Abrams/B’nai Brith v Topham/Radical Press, saying it does not have the jurisdiction based upon the basis asserted by the respondent. The ruling is here .
The submission by the respondent included a Motion to Dismiss the case based upon the respondent’s view that the complainant was guilty of violation of s13. The respondent called upon the controversial Penis Post that Connie noted in the ARC posting here and here in this thread Topham files for CHRT dismissal over Abrams' penis post
The Tribunal goes further with this statement:
| Quote: |
The parties are reminded that the principle issues in this case are whether the material is likely to expose individuals or groups to hatred or contempt on the basis of a prohibited ground of discrimination and whether s. 13 is constitutional.
|
This is a bit confusing as the Tribunal outlines a principle issue on whether material is likely to expose individuals or groups to hatred or contempt, yet at the same time it says it does not have jurisdiction to dismiss the respondent’s complaint which is filed as a Motion. What I read the Tribunal to be saying is that it doesn’t have jurisdiction to dismiss on the basis that a complainant may have violated s 13.
The Tribunal also tells the parties that it is inappropriate and unacceptable to engage in personal attacks on the parties, their counsels and on any member of the Tribunal staff. Also to refrain from ad hominem attacks on individuals involved in the case.
So what does this all mean?
At least the Tribunal has acknowledged that one of the principle issues in this case is whether s 13 is constitutional.
As far as the respondent goes, Topham will obviously have to stiffen his resolve, take a harder look at things, and maybe lengthen his Motions to take full measure of the issues. He may also have to rise up and head in a new direction. His motion may have been too soft and didn’t stand up. |
Really proves to show how impotent....errr...I mean incompetant the CHRC's are.
_________________
Waffle House: Because it's 2 a.m., and there's still enough time to make another bad decision.  |
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fourhorses
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| Posted: 07/ 15/ 09 6:12 am Post subject: |
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well Tory, I thik you are right.
The CHRC need to get a firm grasp.
Most people think they've blown it.
_________________
Freedom really does not evolve, it revolts.
Today`s rebel is a conservative and fiscal responsibility has become the new counterculture! |
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Edward Kennedy
Joined: 14 Apr 2005 Total posts: 11866 Gender: Unknown
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| Posted: 07/ 15/ 09 6:24 am Post subject: |
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hrc's were always full of shite, could not differentiate between truth and lies, but that is understandable when dishonesty and bigotry os part and parcel of the job description.
Add that to your file, jackass jennifer, I am really intimidated by your dwf bullshite.
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Please let me know if I said something that offended you. I may want to offend you again sometime. |
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| Connie Fournier Member
Joined: 06 Jan 2001 Total posts: 21101 Location: Kingston, Ontario Age: 44 Gender: Female
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| Posted: 07/ 15/ 09 6:29 am Post subject: |
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The CHRT really needs an enlargement of their vision.
_________________
There is nothing worse than a wormy, half-decomposed cheesebread. |
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Edward Kennedy
Joined: 14 Apr 2005 Total posts: 11866 Gender: Unknown
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| Posted: 07/ 15/ 09 6:34 am Post subject: |
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| Connie Fournier wrote: | | The CHRT really needs an enlargement of their vision. |
Come now Constance, must you needs be spanked, that is like saying the manure pile should be made larger.
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Please let me know if I said something that offended you. I may want to offend you again sometime. |
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fourhorses
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| Posted: 07/ 16/ 09 9:10 am Post subject: |
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What is also interesting in the decision by the Tribunal, is the comments regarding Doug Christie's question as to whether this case should be postponed until the outcome of the Lemire Constitutional Challenge. The Tribunal said that anyone could put forth a Motion to that effect.
Has the respondent raised sufficient constitutional issues closely enough related to those raised by Lemire, that this case should be postponed?
Or alternately, is this case turning into such a farce of a dog's breakfast that the CHRC/CHRT would rather have it pushed to a back burner somewhere and the Lemire constitutional question is a handy mechanism to do such ?
_________________
Freedom really does not evolve, it revolts.
Today`s rebel is a conservative and fiscal responsibility has become the new counterculture! |
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Tory_canuck
Location: Red Deer, AB Age: 23 Gender: Female
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| Posted: 07/ 17/ 09 12:51 am Post subject: |
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| Connie Fournier wrote: | | The CHRT really needs an enlargement of their vision. |
If you gave all the commissars viagra......they'd all grow taller
_________________
Waffle House: Because it's 2 a.m., and there's still enough time to make another bad decision. |
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Edward Kennedy
Joined: 14 Apr 2005 Total posts: 11866 Gender: Unknown
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| Posted: 07/ 17/ 09 4:35 am Post subject: |
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| Tory_canuck wrote: | | Connie Fournier wrote: | | The CHRT really needs an enlargement of their vision. |
If you gave all the commissars viagra......they'd all grow taller |
Sho nuff!
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Please let me know if I said something that offended you. I may want to offend you again sometime. |
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Tory_canuck
Location: Red Deer, AB Age: 23 Gender: Female
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| Posted: 07/ 17/ 09 4:47 am Post subject: |
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What do you call it when a commissar freezes in the winter?
Shrinkage
How many commissaars can you fit in a phone booth?
As many as you want.....turds can be squeezed.
What do you call a plastic covering on a commissaar?
a trojan
How do you keep the HRC operatives out of your back yard?
Put the trash bin in the front.
What did Lucy do after the 3 bears chased her off their property?
She whined to the Human Rights Commission.
What do you call it when a Human Rights Commissioner loses their job and home?
A good day.
_________________
Waffle House: Because it's 2 a.m., and there's still enough time to make another bad decision. |
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Edward Kennedy
Joined: 14 Apr 2005 Total posts: 11866 Gender: Unknown
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| Posted: 07/ 17/ 09 5:06 am Post subject: |
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| Tory_canuck wrote: | What do you call it when a commissar freezes in the winter?
Shrinkage
How many commissaars can you fit in a phone booth?
As many as you want.....turds can be squeezed.
What do you call a plastic covering on a commissaar?
a trojan
How do you keep the HRC operatives out of your back yard?
Put the trash bin in the front.
What did Lucy do after the 3 bears chased her off their property?
She whined to the Human Rights Commission.
What do you call it when a Human Rights Commissioner loses their job and home?
A good day. |
In the name of all that is evil, the hrc, I hereby proclaim that you have upset my sensibilities by daring to express a personal opinion which is contrary to the fascist hrc vision and function and thus I am commencing a complaint against you for daring to exercise your freedom of expression. I am seeking ten thousand for my hurt feelings.
If you decide to settle outside the process I will accept five thousand dollars and drop all aspects of the claim.
Sound familiar?
_________________
Please let me know if I said something that offended you. I may want to offend you again sometime. |
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