The gonzo logic of the Federal Court of Appeal!
Good Day Readers:
Every so often a court ruling comes along that's just plain stupid this is one of them.
CyberSmokeBlog would show you the pictures of The Honourable Judges J. D. Denis Pelletier and David W. Stratas save for they are not available on the internet even though they're taxpayer funded public servants. Are they hiding out in the Witness Protection Program?
"When the partisan political is stripped away, this is a lawyer's issue with very limited consequences beyond legal circles," Pelletier wrote for the panel. "It certainly did not go to the architecture of the constitution.' "
CSB: Huh, WTF? Are you to believe when a turkey of a federally appointed Justice such as Manitoba Court of Queen's Bench "gem" Vic Toews is selected it has no impact on those who might have the unfortunate experience of having to appear before him? Besides, if individuals such as Messrs. Galati and Slansky don't challenge these closed door (no layperson involvement) fait accompli appointments who will? Perhaps Judge Pelletier you'd like to step down from your cushy 6-figure salary and benefits package that won't quit to do so.
The fact that their application apparently set in motion a series of events which lead to the conclusion which they hoped to achieve in their application does not make them successful litigants," Pelletier said.
CSB: Again huh? So what would you call them Judge Pelletier unsuccessful litigants/losers?
"A self-represented litigant by definition, has no counsel and therefore no out-of-pocket expenses for which full indemnity is appropriate. Judge Pelletier
CSB: Another big WTF? Are you to believe self-reps cannot incur photocopying, travel and an array of other related costs such as fees for filing court documents, etc., etc., etc. preparing for a court appearance? Besides, is it not a tad arrogant to suggest a pro se's time and effort in getting ready for court has no value? Obviously, Judge Pelletier is unaware of the work of Dr. Julie Macfarland and her National Self-Representative Litigants Program at the University of Windsor. Inform thyself - fast - Judge Pelletier.
Sincerely,
Clare L. Pieuk
Lawyers who challenged Harper's choice of Marc Nadon for Supreme Court denied costs
Rocco Galati asked top court award him $800 an hour for his work
Colin Perkel
Tuesday, January 9, 2016
Toronto lawyer Rocco Galati's request to be awarded court costs of $800 an hour associated with is challenge of Marc Nadon's appointment to the Supreme Court of Canada was denied in a scathing rebuke by the high court. (Trevor Hagan - The Canadian Press)
Two lawyers who challenged the Harper government's ultimately aborted appointment of Marc Nadon to the Supreme Court of Canada have been handed a judicial spanking for trying to collect tens of thousands of dollars for their efforts.
In a sharply worded decision released Tuesday, the Federal Court of Appeal denounced the claims put forward by Rocco Galati and Paul Slansky as misguided and excessive.
Every so often a court ruling comes along that's just plain stupid this is one of them.
CyberSmokeBlog would show you the pictures of The Honourable Judges J. D. Denis Pelletier and David W. Stratas save for they are not available on the internet even though they're taxpayer funded public servants. Are they hiding out in the Witness Protection Program?
"When the partisan political is stripped away, this is a lawyer's issue with very limited consequences beyond legal circles," Pelletier wrote for the panel. "It certainly did not go to the architecture of the constitution.' "
CSB: Huh, WTF? Are you to believe when a turkey of a federally appointed Justice such as Manitoba Court of Queen's Bench "gem" Vic Toews is selected it has no impact on those who might have the unfortunate experience of having to appear before him? Besides, if individuals such as Messrs. Galati and Slansky don't challenge these closed door (no layperson involvement) fait accompli appointments who will? Perhaps Judge Pelletier you'd like to step down from your cushy 6-figure salary and benefits package that won't quit to do so.
The fact that their application apparently set in motion a series of events which lead to the conclusion which they hoped to achieve in their application does not make them successful litigants," Pelletier said.
CSB: Again huh? So what would you call them Judge Pelletier unsuccessful litigants/losers?
"A self-represented litigant by definition, has no counsel and therefore no out-of-pocket expenses for which full indemnity is appropriate. Judge Pelletier
CSB: Another big WTF? Are you to believe self-reps cannot incur photocopying, travel and an array of other related costs such as fees for filing court documents, etc., etc., etc. preparing for a court appearance? Besides, is it not a tad arrogant to suggest a pro se's time and effort in getting ready for court has no value? Obviously, Judge Pelletier is unaware of the work of Dr. Julie Macfarland and her National Self-Representative Litigants Program at the University of Windsor. Inform thyself - fast - Judge Pelletier.
Sincerely,
Clare L. Pieuk
Rocco Galati asked top court award him $800 an hour for his work
Colin Perkel
Tuesday, January 9, 2016
Two lawyers who challenged the Harper government's ultimately aborted appointment of Marc Nadon to the Supreme Court of Canada have been handed a judicial spanking for trying to collect tens of thousands of dollars for their efforts.
In a sharply worded decision released Tuesday, the Federal Court of Appeal denounced the claims put forward by Rocco Galati and Paul Slansky as misguided and excessive.
Spat between Harper, chief justice McLachlin called 'disturbing'
Marc Nadon's failed journey to the Supreme Court
Marc Nadon appointment rejected by Supreme Court
The judges were especially scornful of Galati's assertion that denying him full legal costs would effectively mean the court was "in bed" with the government.
"I do not understand how one could hope to protect the right to a fair and independent judiciary by accusing courts of colluding with the government if they don't give the applicant its solicitor-client costs," Judge Denis Pelletier wrote for the court.
"This is reminiscent of the gonzo logic of the Vietnam War era in which entire villages had to be destroyed in order to save them from the enemy."
Justice Marc Nadon`s appointment to the Supreme Court of Canada Justice was challenged by Toronto lawyer Rocco Galati. (Sean Kilpatrick - The Canadian Press)
In 2013, then-prime minister Stephen Harper appointed Nadon to the country's top court. Galati challenged the eligibility of the Federal Court of Appeal judge to fill one of three seats reserved for Quebec. He put his challenge on hold when the government referred the issue to the Supreme Court, which then scuttled Nadon's appointment.
Galati asked for $51,706.54 — based on a charge of $800 an hour he said was reasonable for a lawyer with his experience. Slansky, acting for the Constitutional Rights Centre, wanted $16,769.20 for helping Galati. In December 2014, Federal Court awarded them a combined $5,000 in a nod to the work they had done.
The lawyers appealed. They argued they had a constitutional right to their full legal costs on the grounds they had derived no personal benefit from the Nadon challenge, which they said went to the "architecture of the Constitution."
The Federal Court of Appeal was having none of it.
Marc Nadon's failed journey to the Supreme Court
Marc Nadon appointment rejected by Supreme Court
The judges were especially scornful of Galati's assertion that denying him full legal costs would effectively mean the court was "in bed" with the government.
"I do not understand how one could hope to protect the right to a fair and independent judiciary by accusing courts of colluding with the government if they don't give the applicant its solicitor-client costs," Judge Denis Pelletier wrote for the court.
"This is reminiscent of the gonzo logic of the Vietnam War era in which entire villages had to be destroyed in order to save them from the enemy."
In 2013, then-prime minister Stephen Harper appointed Nadon to the country's top court. Galati challenged the eligibility of the Federal Court of Appeal judge to fill one of three seats reserved for Quebec. He put his challenge on hold when the government referred the issue to the Supreme Court, which then scuttled Nadon's appointment.
Galati asked for $51,706.54 — based on a charge of $800 an hour he said was reasonable for a lawyer with his experience. Slansky, acting for the Constitutional Rights Centre, wanted $16,769.20 for helping Galati. In December 2014, Federal Court awarded them a combined $5,000 in a nod to the work they had done.
The lawyers appealed. They argued they had a constitutional right to their full legal costs on the grounds they had derived no personal benefit from the Nadon challenge, which they said went to the "architecture of the Constitution."
The Federal Court of Appeal was having none of it.
'Not successful litigants'
"When the partisan political overlay is stripped away, this was a lawyer's issue with very limited consequences beyond legal circles," Pelletier wrote for the panel. "It certainly did not go to the 'architecture of the Constitution'."
He also rejected their claim that the challenge had been successful given that Nadon's appointment did not go through.
"The fact that their application apparently set in motion a series of events which led to the conclusion which they hoped to achieve in their application does not make them successful litigants," Pelletier said.
"It may make them successful politically or in the popular press, but that is a different matter."
The Appeal Court called it surprising the lawyers would claim $800 an hour — more than they normally charge their clients — saying the amount was excessive.
While Galati maintained nothing prevents a self-represented litigant from claiming legal costs, Pelletier called the concept an "oxymoron."
"A self-represented litigant, by definition, has no counsel and therefore no out-of-pocket expenses for which full indemnity is appropriate."
"When the partisan political overlay is stripped away, this was a lawyer's issue with very limited consequences beyond legal circles," Pelletier wrote for the panel. "It certainly did not go to the 'architecture of the Constitution'."
He also rejected their claim that the challenge had been successful given that Nadon's appointment did not go through.
"The fact that their application apparently set in motion a series of events which led to the conclusion which they hoped to achieve in their application does not make them successful litigants," Pelletier said.
"It may make them successful politically or in the popular press, but that is a different matter."
The Appeal Court called it surprising the lawyers would claim $800 an hour — more than they normally charge their clients — saying the amount was excessive.
While Galati maintained nothing prevents a self-represented litigant from claiming legal costs, Pelletier called the concept an "oxymoron."
"A self-represented litigant, by definition, has no counsel and therefore no out-of-pocket expenses for which full indemnity is appropriate."
'No judicial bias'
Judge David Stratas also took issue with Galati's assertion that because the government pays judges, their failure to order the government to pay private-sector lawyers would indicate judicial bias.
"An officer of the court should never make such a submission," Stratas said in separate comments.
"There are many cases where judges, paid by government, have condemned government misconduct and have ordered government to do something against its will."
The court ordered the lawyers to pay $1,000 in costs, with Stratas saying he would have awarded more if the government had asked for more.
Neither Galati nor Slansky responded immediately to a request for comment.
Copies:
rocco@idirect.com
"Dushahi Sribavan"
"Julie Macfarlane"
chantal.carbonneau@cas-satj.gc.ca
Judge David Stratas also took issue with Galati's assertion that because the government pays judges, their failure to order the government to pay private-sector lawyers would indicate judicial bias.
"An officer of the court should never make such a submission," Stratas said in separate comments.
"There are many cases where judges, paid by government, have condemned government misconduct and have ordered government to do something against its will."
The court ordered the lawyers to pay $1,000 in costs, with Stratas saying he would have awarded more if the government had asked for more.
Neither Galati nor Slansky responded immediately to a request for comment.
Copies:
rocco@idirect.com
"Dushahi Sribavan"
"Julie Macfarlane"
chantal.carbonneau@cas-satj.gc.ca
posted by Clare L. Pieuk at 6:22 AM
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