Section 13 Suspended! Alleged Canadian Human Rights Commission takes another kick in the legal nuts.....
It's good news.
[8] I have reviewed the submissions of the parties and have concluded that it would be appropriate and would properly serve the interests of justice if this matter was adjourned. While the Supreme Court of Canada has ruled in Canada (Human Rights Commission) v. Taylor, 1990 3 S.C.R. 892 that s. 13 (1) of the CHRA is constitutional, the application now before the Federal Court seeks to bring clarity to this issue in view of the distinct factual and legal context giving rise to this Tribunal's decision in Warman v. Lemire. Clearly Member Hadjis' decision goes beyond the consideration alone of the penalty provisions in s. 54 of the CHRA, as he chose not to "read out" the penalty provisions and preserve s. 13 of the CHRA. It is now up to the Federal Court to determine the operability of s. 13 of the CHRA. This will achieve the clarity that the Commission has indicated and that I agree is desirable in order to allow the Tribunal to be able to determine this and other cases brought under s. 13 of the CHRA.
[9] For these reasons I hereby adjourn these proceedings sine die pending the final outcome in the Warman v. Lemire case.
"Signed by"
Edward P. Lustig
OTTAWA, Ontario
May 26, 2010
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Coming Soon......
What Next?.....
....
They didn't get Pankiw either Haha;)
[8] I have reviewed the submissions of the parties and have concluded that it would be appropriate and would properly serve the interests of justice if this matter was adjourned. While the Supreme Court of Canada has ruled in Canada (Human Rights Commission) v. Taylor, 1990 3 S.C.R. 892 that s. 13 (1) of the CHRA is constitutional, the application now before the Federal Court seeks to bring clarity to this issue in view of the distinct factual and legal context giving rise to this Tribunal's decision in Warman v. Lemire. Clearly Member Hadjis' decision goes beyond the consideration alone of the penalty provisions in s. 54 of the CHRA, as he chose not to "read out" the penalty provisions and preserve s. 13 of the CHRA. It is now up to the Federal Court to determine the operability of s. 13 of the CHRA. This will achieve the clarity that the Commission has indicated and that I agree is desirable in order to allow the Tribunal to be able to determine this and other cases brought under s. 13 of the CHRA.
[9] For these reasons I hereby adjourn these proceedings sine die pending the final outcome in the Warman v. Lemire case.
"Signed by"
Edward P. Lustig
OTTAWA, Ontario
May 26, 2010
...
Coming Soon......
What Next?.....
....
They didn't get Pankiw either Haha;)
My Cat Princess was run over today or last night & killed. I wont be blogging for a while.
The Anti-Human rights board you mean (O:}
Ha!
Revnant, I'm very sorry to hear about Princess. She was obviously very loved.
If this is a victory you are grasping at straws. This is no more than a legal necessity. Until this matter is settled by the Courts all Hearings will be adjourned si nie di.
It's a victory for anyone being subjected to the Kangaroo Court Muscoca and that is a victory for all those who believe in the sanctity of our fundamental right to freedom of speech.
One step at a time the censorship cranks like the CJC are having their toy taken away from them.
A key sentence in the tribunal ruling...
"It is now up to the Federal Court to determine the operability of s. 13 of the CHRA."
We can hope the CHRC is put out of the thought crime business by the courts, they have abused and corrupted an already bad law. Sadly Harper will not act on it, the coward.
True. Rather than leaving it to the courts, a simple piece of legislation would fix this problem.
We have heard from too many well placed individuals that Harper will not act, there is no upside to someone who abandons principle for a few votes.
A key sentence in the tribunal ruling...
"It is now up to the Federal Court to determine the operability of s. 13 of the CHRA."
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