Thank you Metis Mama!
Good Day Readers:
A special thank you to Metis Mama for posting the information about the Manitoba Metis Federation's alleged defamation suit against the now defunct www.CyberSmokeSignals.com (Court of Queen's Bench File No. CI 05-01-41955).
As far as the Federation's land claims case against Canada and the Province of Manitoba recently heard by a panel of 5 appeal court judges in Winnipeg, that will be a very tough on to get reversed. Queen's Bench Justice Alan McInnes in his more than 285 page written decision shot down all the Plaintiff's arguments. Assuming the MMF loses it's appeal and takes it to the final level, it will then be up to the Supreme Court of Canada to decide whether it will review the previous rulings. Given potentially what's at stake it probably will.
If it does, it will first look at whether any errors have been made in the interpretation and application of the Canadian Constitution and Chartier of Rights and Freedoms. Next, did the Manitoba Court of Appeal error? Finally, were there any mistakes in the findings of fact. The last of these usually doesn't come into play because it's assumed the lower levels got it right.
So you're right, David Chartrand won't have a land claims issue on which to campaign during the 2010 MMF election which, if our calculations are correct, must be held no later than the end of June.
Sincerely,
Clare L. Pieuk
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I was looking at some news/blog alerts that came my way. I found some entertaining bits on the Cybersmoke site http://cybersmokeblog.blogspot.com/. So MMF is going to trial again. I could be wrong but isn't that right around the election in Manitoba? What was specifically posted was:
Because of a publication ban on Pre-Trial Conferences covering the Manitoba Metis Federation's alleged defamation lawsuit against http://www.cybersmokesignals.com/, (CI 05-01-41955) we are only allowed to tell you the following:
(1) The first Case Management Meeting will be held Monday April 6, 2009 at 10:00 a.m.
(2) The next Pre-Trial Conference (6th) has not yet been scheduled
(3) Dates have now been set for the trial. They are March 1, 2010 to April 9, 2010 (except for April 2 and 5 which are Easter holidays)
We apologize for not being able to provide you with more information.
Sincerely,
Clare L. Pieuk
Clare L. Pieuk
It also appears like Mr. Pieuk is not an eligible candidate for the upcoming election - but the MMF will be spending more on legal fees then it did trying to persecute Yvon Dumont for a $1. Oops sorry meant prosecute.
At the rate this case seems to be going - Mr. Chartrand won't have a land claim trial to campaign on for the upcoming election but he will certainly have his share of the vexatious and silly kind. Maybe someone should do a sitcom on this stuff for APTN.
posted by Clare L. Pieuk at 5:26 PM
1 Comments:
"So you're right, David Chartrand won't have a land claims issue on which to campaign during the 2010 MMF election which, if our calculations are correct, must be held no later than the end of June."
According to the MMF constitution it must be held no later than end of Sept 2010
ARTICLE X PRESIDENT
2. The President shall hold for a term, or terms, each of which shall not exceed four years and three months from the date of election
I think I commented before concerning the MMF constitution.
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