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Canadian Association For Free Expression

Kulaszka Hammers Attorney General of Canada over false claims

In a Bizarre submission - Conservative Rob Nicholson’s  spokesman cries “unfairness”

In another bizarre submission from the Attorney General of Canada, Conservative Rob Nicholson’s representative – Simon Fothergill, cries the blues to the Canadian Human Rights Tribunal over the claim that the respondent [Marc Lemire] has been able to see their closing argument.  

The Blogosphere has been highly critical [here] [here] [here] [here] [here] [here] [here] [here] of Simon Fothergill over the legal argument he submitted to uphold Section 13 - Canada’s notorious thought crimes provision.  Journalist and fellow “human rights violator", Ezra Levant tore to shreds Fothergill's totalitarian submission.  

In today’s letter, Mr. Fothergill states:

[Imagine the NERVE of the Attorney General complaining about a “real risk of unfairness” when he and his ilk are determined to make sure that truth and intent are NO defence… hmmmm… unfairness... indeed]

Barbara Kulaszka Demolishes Attorney General

May 20, 2008

TO: Canadian Human Rights Tribunal,

160 Elgin St. , 11^th Floor,

Ottawa , ON K1A 1J4

Re: Warman v. Lemire, Tribunal No. T1073/5405

To the Tribunal:

I have the letter of Mr. Fothergill of today’s date, for the Attorney General of Canada, regarding my request for rescheduling final submissions to the autumn.

I must correct Mr. Fothergill, who writes that the “Attorney General has a right to reasonable notice of the case we are expected to meet” and complains that due to the Tribunal’s decision to postpone deadlines, “ Mr. Lemire now has the benefit of the Attorney General’s initial submissions when preparing his initial submissions”.

The exact opposite is true.

The respondent filed his initial motion on the constitutional issues on December 6, 2005, over two years ago. The motion and supporting argument is some 24 pages long.

It is the Attorney General and opposing parties who have had the benefit of knowing the respondent’s position for two [and a half] full years before having to make a response.

Richard Warman and the Commission and the Attorney General and the Canadian Jewish Congress and the League for Human Rights of B’nai Brith and the Friends of Simon Wiesenthal Centre knew exactly what the respondent was arguing and therefore what evidence he was interested in obtaining during the hearing. 

It was because of this initial motion that the Attorney General and the other interested parties intervened in the case.

The arguments which I will be filing will be Supplementary to the initial 2005 argument and will be based on the evidence from the hearing and the issues arising from such evidence. But the basic arguments made in 2005 remain unchanged as the basis of the respondent’s case.

The Attorney General has suffered no prejudice whatsoever.

Today I received the application by the British Columbia Civil Liberties Association for interested party status.  This is Canada ’s most active and important civil liberties association today.

None of the material complained of on the Freedomsite remains on the site. I remind all parties that most of the material was removed even before Mr. Lemire had notice of the complaint. The rest was removed in an unsuccessful effort to resolve the matter after the complaint was received.

This case involves major constitutional issues and has disclosed evidence of violations of Canadians’ rights by the Commission. There is no need for a rush to judgment when the evidence is incomplete and major civil liberties associations are applying to provide this Tribunal with their submissions and expertise.

I would urge the Tribunal to set aside the dates set for June until all matters concerning disclosure, further calling of evidence and interested party applications are resolved.

Yours truly,

Barbara Kulaszka

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