Thursday, November 15, 2012

The Douglas Inquiry: Resign no fire yes!

Anonymous has left a new comment on your post, "The Douglas Inquiry: A classic, textbook case study of "going haywire!"

The public record so far is that she did nothing wrong with respect to Alex Chapman. She applied to be a judge, she disclosed the "pictures/internet," then the selection committee after much discussion recommended her and she was made a Justice.

As soon as they recommended her, and given that she disclosed the existence of the pictures and the blackmail risk, then they accepted that risk. If the risk was too great they didn't have to appoint her. Their choice.

So it has blown up and she presumably is waiting for her institutions to stand up and take responsibility for accepting her background risk factors.

Why should she resign? If she resigned I'm sure the CJC would just halt everything to save itself the embarrassment.

Ironically, I think the best thing she can do now is NOT resign then her counsel holds the Canadian Judicial Council's feet to the fire to justify its actions (including perhaps finding out what happens when a judicial appointment file hits the black hole of a Minister's Office). You don't want the system's flaws swept under the rug do you?

Dear Anonymous: 

Thank you for contacting CyberSmokeBlog. Sorry for the delay in responding to your e-mail. Here's what a practicing attorney who's been following the Douglas Inquiry closely sent CSB recently:

An innocent person does not resign for the good of the judiciary. But neither does an innocent person pay hush money to the likes of Alex Chapman when they have an outstanding application for an appointment to a superior court and then subsequently file another application in which they state nothing in their past would bring the judiciary into disrepute.

If it were actually true the CJC would not have got their knickers in such a knot! The fact that the entire selection process gave her a pass just proves that process is flawed. They didn't even know what the pictures showed. If anyone wants to file a complaint it should focus on the payment of the hush money which left her as open to blackmail as the photos did. The CJC picked up on that only when they saw the media reaction.

Simply put, the CJC has in my humble opinion mistreated both Justice Douglas and the general public and Douglas herself has provided grounds for those members of the public who may appear before her if she remains on the bench to be wary of her judgment. She has to go for that reason. Pratt's charges against her ignored the payment of hush money But it is the central issue. 

To elaborate. The Inquiry Committee asked Inquiry Counsel George Macintosh to cross-examine Jack King because there were so many "I don't knows" or "I can't remembers" or "I have no recollections" etc.
CSB has covered many trials and legal proceedings but never has it witnessed such a masterful cross-examination. It took place on the afternoon of Thursday, July 26 of this year - CyberSmokeBlog has not missed a minute of the Inquiry. In short, he shredded Jack King. Got him to admit Lori Douglas loaned him the $25,000 hush money which he claimed has subsequently been repaid. But here's the killer.

The loan was made while Lori Douglas was applying a second time to become a Justice. If you visit the CJC's website it has posted Tabs which are excerpts from her personal diary. One entry, I believe it's for Tuesday, July 3 of this year, makes reference to a large cheque she'd written that day. This was on or about the time Mr. Chapman was paid the $25,000. Coincidental? Don't think so.

Wouldn't a complaint filled with the Canadian Judicial Council that it has failed to adequately investigate the circumstances surrounding the payment of the $25,000 make for a Big, Fat, Juicy one? That should have been the fifth Notice of Allegations against Associate Chief Justice Lori Douglas. A little reminiscent of Watergate don't you think?. What Richard Nixon, and/or those around him did, was not fatal per se but the cover up was. From the get go had he fallen on his knees with tear-filled eyes and apologized all over himself he just might have saved his presidency but nooooo. And the rest is history.

Lori Douglas has got to go!

Sincerely,
Clare L. Pieuk

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