Wednesday, October 27, 2010

Murray Trachtenberg - from the ridiculous to the sublime!

Anonymous has left a new comment on your post, "Our policy on internet anonymity!"

Clare,

Nor do I have anything to add. It is a landmark decision, whose likely benefit for you will be to make it even less possible for Murray Trachtenberg to get his requested relief of a court order identifying anonymous contributors to your site (which, admittedly, was so absurdly improbable as to be beyond discussion in the first place).

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Dear Anonymous:

Thank you for writing. For our readers benefit we should explain in Manitoba Metis Federation President David Chartrand's personal defamation lawyer Murray Trachtenberg's Statement of Claim at page 3 paragraph 2(a) it says:

"An order prohibiting the defendants from causing to be published on the internet website www.cybersmokesignals.com or any other internet website any message, letter or article purporting to be from any individual other than themselves unless that individual's actual legal name is published together with the accompaning message, letter or article."

Have you ever heard of anything so asinine, in fact, it's "beyond asinine" - unfortunately, that term to describe it has yet to be invented otherwise we'd use it. Imagine being required to place a notice on our main page in box car sized letters:

WE ARE NOW REQUIRED TO PUBLISH THE ACTUAL LEGAL NAME OF EVERYONE WISHING TO PUBLISH A COMMENT ON THIS SITE. YOU MUST ALSO PROVE IT TO BE TRUE AND ACCURATE! ..... or words to that effect.

What website/blog in the universe faces such a restriction - we'd be the first! Talk about an appeal to The Supreme Court of Canada in light of its recent ruling on this issue - the Justices would have a good laugh!

But it doesn't end there. Supposing we were to commence a lawsuit against Counselor Trachtenberg under the applicable provisions of The Canadian Charter of Human Rights and Freedoms, as well as, The Canadian Constitution for knowingly, deliberately, vexatiously, frivolously, sandalously and maliciously attempting to violate the freedom of speech and expression of a blog. What do you think the likely outcome would be?

We predict if Mr. Trachtenberg insists in having this provision included in his S/C the Manitoba Court of Queen's Bench trial judge and jury will laugh him out of the courtroom as he so richly deserves. For such lawyering he should be brought before a disciplinary committee of the Manitoba Law Society!

What were you thinking Murray Trachtenberg or were you? Nice try though in misusing the law in an effort to harass, bully, intimidate and threaten us.

Sincerely,
Clare L. Pieuk

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