Tuesday, May 26, 2015

Does Stephen Harper suffer from a terminal case of ROCD ("RoadKill" Obsessive Compulsive Disorder)?

Former Supreme Court of Canada Justice Ian "RoadKill" Binnie smiling smugly from his perch on the bench.

Good Day Readers:

This fellow has screwed up Royally multiple times yet the Harper government keeps rewarding him with lucrative contracts since he left the SCC. Why?

Here's a chronology of some of his better know ....-ups:

(1) Back in January 2009 not long after being appointed to the Supreme Court he addressed a formal dinner at York University's prestigious Osgoode Hall Law School to initiate new members into the legal fraternity describing the initiation rituals as "a faggoty dressup party." Needless to say Her Majesty Beverley McLachlin could only look on in horror. He had no option but to publicly retract post haste

(2) It's now 2008. Ian Binnie wrote the decision in Simpson versus Mair et. al a long running defamation dispute between a couple outspoken media personalities. He said in part referring to Ms Kari Simpson:

"..... But when what they say is highly damaging to a particular individual, can you really say, we're sorry, you are road kill in this debate but it is an important debate."

Thus was born the legend of Justice RoadKill.
Well, Ms Simpson wasn't about to take that sitting down and has lambasted "Justice RoadKill" every chance she gets on her websites Drive for Justice and RoadKill Radio.
Obviously "RoadKill" at this late stage of the game has yet to master the first rule of Women 101. Never mess with a lady havng flaming red hair because a temper will surely follow

(3) In late 2012 in his first assignment since leaving the SCC he was commissioned by the New Zealand government to provide an independent, outside opinion on whether compensation should be paid to a man who had been wrongfully convicted in the murder of 5 of his family members in 1995 subsequently spending 13 years in prison.
Well, the ink on "RoadKill's" report had barely dried when outspoken Justice Minister Judith "Crusher" Collins came out swinging.

A mightily ....ed off "Crusher" Collins shown here with "RoadKill's" car shortly after reading his report.

"Crusher" trashed his findings on everything from faulty assumptions to not understanding New Zealand law to fundamental errors in principle saying it was useless in determining compensation for the wrongfully convicted.

Oh well, at least "RoadKill" could limp back to Canada taking solace in the more than $400,000 he earned in fees and expense money.

(4) Next there was this little gem. In late 2013 "RoadKill" was paid just under $7,500 to tell the Harper government there should be no problem with the appointment of Marc Nadon to the Supreme Court of Canada. Problem is and was along came Toronto lawyer Rocco Galati and blew that out of the water.

So how do you figure the "Big Guy" as arbitrator to the 9-10 senators about be be whacked in the soon to be released Auditor General's report will react when the lawyer for Mike Duffy or Patrick Brazeau or "Hurrican" Pamela Wallin (assuming she's charged - if not the RCMP have sure spent a pee pot full of money investigating her) approaches "RoadKill" saying, "Hey, there's a double- standard here. I was suspended without pay even before the investigation into my expenses was complete.

Will you have another taxpayer financed ....-up?

Sincerely,
Clare L. Pieuk
Is the Senate creating a double standard with expense scandal arbitrator?

Legal experts see preferential treatment ot suspended senators Duffy, Brazeau, Wallin

Chris Hall
Tuesday, May 26, 2015

Retired Supreme Court of Canada Justice Ian Binnie will be the special arbitrator for any disputes between the auditor general and senators stemming from the report on senator' spending due next week. (Chris Wattie/Reuters)



When Auditor General Michael Ferguson delivers his report on senators' spending next week, it won't be the final word on who played by the rules and who didn't.
That decision will rest with retired Supreme Court justice Ian Binnie, who was announced Tuesday as the special arbitrator for any disputes between the auditor general's findings and senators, including those who could face criminal investigation over their expense claims.
The new Speaker of the upper chamber, Leo Housakos, says it's all about guaranteeing fairness.
"Let's wait for the auditor general's report to come out," Housakos told reporters Tuesday. "But every single case the auditor general identifies where there are disagreements will have the arbitration process at their disposal, including those that will be, I assume, referred to the RCMP or other authorities."
That option, of course, was not available to former Conservative senators Mike Duffy, Patrick Brazeau and Pamela Wallin. The Senate voted in November, 2013 to suspend each of them without pay before a criminal investigation into their expense claims was even complete.
Duffy and Brazeau were ultimately charged months later. Wallin hasn't been charged, and may never be.
Ferguson confirmed to CBC News on Tuesday that about 10 casesof questionable spending should be referred to the RCMP for investigation. Another 20 former and current senators have what he called "issues."
But a number of legal experts told CBC that treating current senators whose spending is referred to the RCMP differently from Duffy, Brazeau and Wallin would suggest preferential treatment.
The three were offered no intermediate step of appeal. No chance to make restitution to mitigate any penalty.
"How do you justify it?" Rob Walsh, the retired law clerk of the House of Commons, told CBC News. "The onus is on you to explain why you are choosing to do it differently and that would a difficult thing to explain given what you did before."
One answer may be that the new Speaker simply misspoke.
Another might be that, unlike Duffy, Wallin and Brazeau, who were all high-profile appointments of Stephen Harper, there's no political imperative to punish other senators with no regard for procedural fairness and due process.
Arbitration provided by a respected jurist is far removed from the arbitrary process imposed on the suspended three by the Conservative majority in the Senate.
But that's not the only difference in how the Senate will respond to Ferguson's report.

Regaining confidence

Housakos is promising Binnie's findings will be made public, saying the goal is to ensure Canadians regain their sense of confidence in the Senate.


The new Speaker of the upper chamber, Leo Housakos, says the appointment of former Supreme Court Justice Ian Binnie as the special arbitrator is a about guaranteeing fairness. (Adrian Wyld/Canadian Press)

He didn't mention that the Senate is now fighting efforts by Duffy's lawyer to compel the upper chamber to release the secret 2013 internal audit on the residency status of all senators, claiming parliamentary privilege.

Duffy's trial has also heard that some Conservative members on the Senate committee on internal economy worked with the prime minister's office to water down the committee's report into Duffy's expenses.
New Democrats sought to highlight the apparent double-standard in question period on Tuesday, but Harper's parliamentary secretary Paul Calandra rejected the suggestion.
"If any senator is found guilty or has used money inappropriately that senator should pay it back. And if they have done something criminal they should pay the full consequences for that," he said.
Binnie told CBC News in a statement there's not much to say about the process at this point, and the committee on internal economy and any senator referred to him will have a say on how they think he should proceed.
"As to finality, the Senate press release stated that my decisions… will be referred to the committee of internal economy for 'execution' — I take execution to mean implementation not re-adjudication," Binnie said.
Binnie also says the RCMP investigation would have priority over arbitration.
"Every citizen has the right to due process," the statement said. "The Senate arbitration process ensures this."
Every citizen and every senator, it seems, other than Duffy, Brazeau and Wallin. Other senators may face charges, but not the same bum's rush from the red chamber that their now suspended colleagues were given.

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