Wednesday, September 19, 2012

How say you?

Good Day Reader:

Spent a bit of time yesterday at the Federal Court of Canada in Winnipeg (on the way to the Provincial Law Courts Building) tracking Sarah Whitmore's affidavit filed by Lori Douglas' defence team attempting to quash the Canadian Judicial Council's Inquiry (via a Section 18 Judicial Review) on the basis of an alleged apprehension of bias.

The affidavit was filed in Toronto (September 14, 2012: File Number T-1567-12) the 12th of 13 - the most recent being a Certificate of Service on the Respondent. Described on the Disposition Sheet as consisting of two volumes with Exhibits A to V and X to TT, it's reasonable to assume it's a very large filing.

It could be downloaded to the FCC's Winnipeg Office problem is the cost - 40 cents per page. And you thought the 25 cents per/page charged at Manitoba's Law Courts Building was legalized highway robbery!

Does this not raise a question of transparency and the public interest? Sheila Block's application to terminate the Inquiry, of which Ms Whitmore's affidavit is a supporting document, is posted on the CJC website. Therefore, by natural extension should all supporting evidence tendered also be "interneted?" Reference CSB's next posting.

As an aside, CyberSmokeBlog's prediction is the Federal Court will, in effect, quash the Block-Reynolds-Whitmore application by kicking the can down the road. Why throw away probably over a million dollars of taxpayer money expensed thus far when the defence can appeal again should it not agree with the Inquiry's final recommendation to Parliament? Besides, the Supreme Court of Canada may even be an option although it's not clear whether it has previously considered a case quite like this - anyone know?

Finally, establishing an apprehension of bias requires a very high standard of proof.

Sincerely,
Clare L. Pieuk

Postscript

Team Block-Reynolds-Whitmore's attempt to quash the Douglas Inquiry raises another interesting question. Who will argue on behalf of the Inquiry before the Federal Court? Inquiry Counsel George "The New Rocky" Macintosh? Rocky! Rocky! Rocky!

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