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 Gerry T. NealJoined: 24 Jun 2009 Total posts: 1216 Location: Winnipeg, MB Age: 34 Gender: Male
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 Posted: 09/ 02/ 09 1:11 pm Post subject: |
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| Jay Currie wrote: | The practical effect of the ruling in Lemire will, I expect, be tested almost immediately in the Topham matter. If he hasn't already I would expect Topham will file an application to have Harry's complaint dismissed on the basis that the Tribunal, based on today's decision, does not have the constitutional authority to breach Tophams s. 2 rights.
Tribunal members are not, strictly speaking, bound by the decisions of other members; but as a matter of practice the Tribunal tends to cite its own decisions as precedental. We'll see what happens in Topham. |
What do you suppose the complainant's response will be to the decision today? Accept the decision? Appeal it if he can? Pretend it didn't happen and file another Section 13 complaint against somebody else? |
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Maikeru
Joined: 05 Nov 2004 Total posts: 4880 Location: Vancouver, British Columbia Gender: Male
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| Posted: 09/ 02/ 09 1:21 pm Post subject: |
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| Jay Currie wrote: | The practical effect of the ruling in Lemire will, I expect, be tested almost immediately in the Topham matter. If he hasn't already I would expect Topham will file an application to have Harry's complaint dismissed on the basis that the Tribunal, based on today's decision, does not have the constitutional authority to breach Tophams s. 2 rights.
Tribunal members are not, strictly speaking, bound by the decisions of other members; but as a matter of practice the Tribunal tends to cite its own decisions as precedental. We'll see what happens in Topham. |
One wonders whether Harry himself won't make an application to dismiss for the same reasons.
It would be face-saving, and convey the impression of being on top of evolving legal issues.
Harry's foray into the so-called 'right-wing' arena of the blogosphere has likely been a bit of an eye-opener.
_________________
“There were not six million Jews murdered; there was one murder, six million times.” — Holocaust survivor Abel Herzberg
"Let all the babies be born. Then let us drown those we do not like." - Chesterton - |
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| Gerry T. Neal Joined: 24 Jun 2009 Total posts: 1216 Location: Winnipeg, MB Age: 34 Gender: Male
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| Posted: 09/ 02/ 09 1:26 pm Post subject: |
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| Maikeru wrote: | One wonders whether Harry himself won't make an application to dismiss for the same reasons.
It would be face-saving, and convey the impression of being on top of evolving legal issues.
Harry's foray into the so-called 'right-wing' arena of the blogosphere has likely been a bit of an eye-opener. |
Judging from his last post over at Jay's blog, I doubt it. He seems to be interpreting the decision differently than most of us are. But I suppose only time and Harry himself will tell. |
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Maikeru
Joined: 05 Nov 2004 Total posts: 4880 Location: Vancouver, British Columbia Gender: Male
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| Posted: 09/ 02/ 09 1:43 pm Post subject: |
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| Maikeru wrote: | | Jay Currie wrote: | The practical effect of the ruling in Lemire will, I expect, be tested almost immediately in the Topham matter. If he hasn't already I would expect Topham will file an application to have Harry's complaint dismissed on the basis that the Tribunal, based on today's decision, does not have the constitutional authority to breach Tophams s. 2 rights.
Tribunal members are not, strictly speaking, bound by the decisions of other members; but as a matter of practice the Tribunal tends to cite its own decisions as precedental. We'll see what happens in Topham. |
One wonders whether Harry himself won't make an application to dismiss for the same reasons.
It would be face-saving, and convey the impression of being on top of evolving legal issues.
Harry's foray into the so-called 'right-wing' arena of the blogosphere has likely been a bit of an eye-opener. |
Update - A Huge Win No Matter What:
| Harry Abrams wrote: | | truewest wrote: | Long story short: Hadjis distinguishes Taylor on the grounds that s. 54 of the Act, which provides for fines of up to $10,000, payable to the state, for breaches of s. 13, was not part of the legislation when Taylor was heard and that, as a result of this penal consequence, s. 13 no longer meets the minimal impairment leg of the Oakes test and is unconstitutional. Since a tribunal does not have the power to issue a formal declaration of constitutional invalidity, Hadjis simply refused to apply s. 13 to Lemire.
Will the CHRC appeal? Unlikely, given that it recommended the repeal of s. 54 in its recent report to Parliament. Will Warman? Probably not. Will Parliament repeal s.13, s.54 or both? My bet would be on the repeal of s.54, but not s.13. But we shall see. |
Just finished reading the decision, and IMHO Truewest’s observation above sounds right.
Penalties to be imposed only after contempt of a cease and desist order.
I’m good with that. |
_________________
“There were not six million Jews murdered; there was one murder, six million times.” — Holocaust survivor Abel Herzberg
"Let all the babies be born. Then let us drown those we do not like." - Chesterton - |
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J.B. Stone
Joined: 11 Apr 2003 Total posts: 42064 Location: Northwest Montana Age: 61 Gender: Male
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| Posted: 09/ 02/ 09 1:44 pm Post subject: |
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OK....
I'm CERTAINLY no "expert" on Canadian laws, statutes, and the like....
But, it DOES appear that Little Dickie Warbaby has just run out of ammo..... 
....gee.....how sad....!!!!
Can someone explain, in simple terms, how this effects Connie & Mark....???
It sounds all the while that Warman's lawsuit is circling the drain in respect to them and the economic HARM he has attempted to perpetrate against them.
I guess everyone owes Marc LeMire [sp?] a vote of gratitude for HIS foresight and forbearance against all odds..... 
Horrors.....it just occurred to me.....is this "decision" appealable....???
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RedDog
Location: High Plains Gender: Male
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| Posted: 09/ 02/ 09 1:54 pm Post subject: |
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Further, can Lemire, and for that matter the Fourniers immediately initiate action against Warman to recover legal expenses?
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MORE ALBERTA.  Less Ottawa.
Opinions expressed by RedDog on Free Dominion are those of RedDog alone and are in no way intended to represent the views of Free Dominion, its principals or moderators.
"If it wasn''t for pizza and other fine Italian foods there would be no happiness" John Goodman |
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fourhorses
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| Posted: 09/ 02/ 09 1:59 pm Post subject: |
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Fire
Them
All
Close their doors
Open their files
Hold those responsible, accountable for their actions.
Compensate those unjustly persecuted.
_________________
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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Maikeru
Joined: 05 Nov 2004 Total posts: 4880 Location: Vancouver, British Columbia Gender: Male
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| Posted: 09/ 02/ 09 2:04 pm Post subject: |
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| Gerry T. Neal wrote: | | Maikeru wrote: | | One wonders whether Harry himself won't make an application to dismiss for the same reasons. |
Judging from his last post over at Jay's blog, I doubt it. He seems to be interpreting the decision differently than most of us are. But I suppose only time and Harry himself will tell. |
By now, Harry should know that time wounds all heels...
_________________
“There were not six million Jews murdered; there was one murder, six million times.” — Holocaust survivor Abel Herzberg
"Let all the babies be born. Then let us drown those we do not like." - Chesterton - |
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styky
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DrWright
Joined: 18 Nov 2004 Total posts: 2495 Gender: Male
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| Posted: 09/ 02/ 09 2:20 pm Post subject: |
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| Quote: | It sounds all the while that Warman's lawsuit is circling the drain in respect to them
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Lets hope so
_________________
re thought police, witch hunts & the Charter.
http://marginalizedactiondinosaur.net/?p=855
2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion; b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; c) freedom of peaceful assembly; and d) freedom of association.
Are you in violation CHRC commies? |
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J.B. Stone
Joined: 11 Apr 2003 Total posts: 42064 Location: Northwest Montana Age: 61 Gender: Male
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| Posted: 09/ 02/ 09 2:23 pm Post subject: |
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| RedDog wrote: | | Further, can Lemire, and for that matter the Fourniers immediately initiate action against Warman to recover legal expenses? |
Excellent Concept.....
_________________
The Shadowy Group, bringing
you the.... BEST... In
BEAVER PRODUCTS
For over 200 Years...!!!
~~~~~
Our Motto: We DO give a dam!!!
Opinions posted on Free Dominion are those of the individual posters and are not necessarily the opinion of Free Dominion or its operators. Free Dominion does not advocate violence, hate speech or an overthrow of the government. |
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Narrow Back
Joined: 05 Apr 2008 Total posts: 2588 Gender: Unknown
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| Posted: 09/ 02/ 09 2:28 pm Post subject: |
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One thing I came away after reading the decision is that Warman handled this in an unprofessional and incompetent way. He also made his assistant/trainee look pretty foolish too.
_________________
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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J.B. Stone
Joined: 11 Apr 2003 Total posts: 42064 Location: Northwest Montana Age: 61 Gender: Male
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| Posted: 09/ 02/ 09 2:38 pm Post subject: |
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| Narrow Back wrote: | | One thing I came away after reading the decision is that Warman handled this in an unprofessional and incompetent way. He also made his assistant/trainee look pretty foolish too. |
Incompetence ALWAYS flows downhill......!!!!
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