Thursday, May 15, 2014

The ubiquitous Mr. Toews!

Good Day Readers:

It happened yet again! As is its practice, CyberSmokeBlog randomly checks out the YouTube website in search of  possible "postables." The site always has an ever changing sample cross-section of videos which only it knows how are selected. So what's at the top of its main page? That's right, another of the 7 Vic Toews videos produced by  the hacker group Anonymous that have remained on the internet for more than 2-years now. Note: The other day (May 13, 2014):

A top EU court has ruled Google must amend some search results at the request of ordinary people in a test of the so-called "right to be forgotten."

The European Union Court of Justice said links to "irrelevant" and outdated data should be erased on request.

The case was brought by a Spanish man who complained that an auction notice of his repossessed home on Google's search results infringed his privacy.

Google said the ruling was "disappointing."
"We now need to take time to analyse the implications," a spokesperson added.

This is good news. Now Solar Warrior can request all his failed predictions be erased from Google and he can start over.

CyberSmokeBlog is not a Philadelphia lawyer

Anonymous' 7-YouTubes taken in total contain several very, very serious allegations regarding Mr. "Justice" Toews yet they have been allowed to remain on the internet all this time. Does Canadian law contain any provisions comparable to the legislation just passed by the European Union Court? Don't know. If so, however, it should be immediately invoked to removed this material from the internet.Allowing it to remain online, unchallenged and/or unsubstantiated brings the entire process of selecting and appointing federal judges into dispute as if the Marc Nadon case hasn't damaged the system enough!

Manitoba's Federal Judicial Advisory Committee?

Prior to recommending Mr. Toews for appointment to Manitoba Queen's Bench did the province's FJAC even discuss any of  Anonymous' allegations or was it completely oblivious to the matter - hard to believe but presumably possible. In other words, did it exercise due diligence in vetting Vic Toews background and suitability as a judge or was it a slam dunk from the get go? Minutes of the meeting are nor will they ever be made publicly available so you'll never know.

Office of the Commissioner for Judicial Affairs Canada?

Can the same questions also not be asked of the OCJAC or did it too blindly pass on the FJAC's recommendation to the federal Minister of Justice Peter "Helicopter Pete" McKay without exercising further due diligence?
"Helicopter Pete" delivering the Toews' appointment notice to Stephen Harper?

The Harper Government?

Are voters and taxpayers to believe the Harper Cabinet had no knowledge whatsoever of the allegations or should, "the everyone went stupid on the same day" dictim again be invoked?

The Opposition Parties?

They too had no knowledge of the allegations? Don't they ever check the internet?

The Canadian Judicial Council

Ditto? Perhaps it's time for a serious re-write of it's pamphlet, The Conduct of Judges and the role of the Canadian Judicial Council - bring out one that relates specifically to CJC members exercising due diligence. Why is it so reactive and not more proactive? Why does it seem to only get off its ass when a complaint is received from a member of the public? Wouldn't it be nice for once if the CJC's Investigative Committee took the initiative to investigate the Anonymous tapes to substantiate them and if it's unable arrange to remove them once and for all from the internet? To allow them to remain in clear public view is doing no one any favours especially Vic Toews not to mention how it's undermining confidence in the judicial system which judges are always telling you is of paramount importance.

The Canadian Bar Association

Lawyers like to talk, right? Not one was aware of the Anonymous YouTubes? Yet again, hard to believe! You'll notice when Winnipeg Free Press Reporter Mary Welch announced the Toews' appointment (March 8, 2014) she observed from the Manitoba Law Courts while there were a lot of raised eyebrows no one was talking. Now why do you suppose that might have been the case? Could it have possibly been there are CBA members who someday may entertain thoughts of applying for a judgeship? Might they be thinking of their clients who may someday have to appear before Justice Toews?

In the case of the Toews appointment it all reduces to, "Did all decision-makers in the process go blind, deaf, dumb and stupid at the same time on the same day?"

Recall the moribund Douglas Inquiry. Did you get the impression from testimony prior to complainant Alex Chapman coming forward with black print (pictures/email), the situation was Winnipeg's legal community's dirty little open secret? But of course with the Canadian Judicial Council's vast network of contacts, none of its members had heard anything? Again, hard to believe!

Justice Toews Debut

It should be interesting to see the first case Chief Justice Joyal hands Justice Toews. You can likely figure on two considerations:

(1) It won't involve judicial activism. The Harper government has clearly demonstrated how it loathes federal judges capable of thinking outside the box for themselves

(2) Nothing remotely to do with child pornography and pedophilia

"You either stand with us or the pedophiles!"
Former Public Safety Minister Vic Toews unsuccessfully presumably looking for the hacker group Anonymous to protect YOU from pedophiles? 

Clare L. Pieuk

William A. Brooks
Office of the Commissioner of Judicial Affairs Canada

Norman Sabourin
Executive Director/Senior General Council
Canadian Judicial Council


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