Kulaszka Hammers Attorney General of
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
The Blogosphere has been highly
critical [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:
The Attorney General of
Canada is a respondent to the constitutional challenge brought by
Mr. Lemire to ss. 13, 54(1) and 54(1 .1)
of the Canadian Human Rights Act.
The Attorney General has a right to reasonable notice of the case we are
expected to meet, and to a reasonable opportunity to respond.
Due to the late issuance of
the Tribunal's decision to postpone the deadline,
Mr. Lemire now has the benefit of the Attorney General's initial
submissions when preparing his initial submissions, together with a
further opportunity to reply by June 25, 2008. By
contrast, the Attorney General will not receive
Mr. Lemire's initial
submissions until June 9, 2008,
and will then have only until June 25, 2008 to reply.
The existing imbalance will
only be exacerbated if
Mr. Lemire is given until the end of August to file his initial
submissions in relation to the constitutional issues.
We reiterate that the
Attorney General is a respondent to
and yet we find ourselves in the position of having filed our initial
Mr. Lemire's initial submissions are not required until June 9,2008.
Given the real risk of unfairness
[WTF!], and the already protracted nature of these proceedings, the
Attorney General of Canada opposes
Mr. Lemire's and other parties' request for a further postponement of the
dates for filing written submissions and for presenting oral arguments.
See the full letter by Rob Nicolson’s – Attorney General of
[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
May 20, 2008
TO: Canadian Human Rights Tribunal,
160 Elgin St.
, 11th Floor,
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”.
opposite is true.
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
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
The Attorney General has suffered no prejudice
Today I received the application
by the British Columbia Civil Liberties Association for interested party
status. This is
’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.
Canadian Human Rights Tribunal
and Past cases: 46 | Cases the tribunal ruled on: 37
NOT A SINGLE
respondent have ever won a section 13 case
98% of cases have poor or working class respondents
90.7% of respondents are not represented by lawyers
$99,000 has been awarded in fines and special compensation since
35 respondents have lifetime speech bans (Cease and Desist)
orders and if not followed the victims could face up to 5 years in
MPs that Support a Repeal of Section 13: http://www.stopsection13.com/repeal_sec13.html
MP James Rajotte
MP Bruce Stanton
MP Russ Hiebert
MP Kevin Sorenson
MP Lee Richardson
Broadcasting Corporation (Rex
Association of Journalists
Mark Steyn (Macleans
Brith Jewish Tribune
Chronicle Herald (Paul Schneidereit)
Warren (Ottawa Citizen)
Marie – SooToday
Challenge of Section 13
Lemire's Constitutional Challenge
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