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Posts Tagged ‘justice’

NextEra vs. “The Little Lady”

23-Jun-13 12:06 am EDT Leave a comment
I

am not usually one to find myself agreeing with Conservative mouthpieces; but Ezra Levant has done a story that really hits on a big issue in Canadian Justice.  Why is it the entity with the most money should win in our legal system?

To summarize:

“A $32 billion energy corporation has filed a massive lawsuit against an Ontario environmentalist named Esther Wrightman. It’s a SLAPP suit: Strategic litigation against public participation. It’s not really about legal arguments. It’s about crushing Wrightman with legal bills and burning up her time, so she can’t spend time campaigning against them.”

The specific issue cited in the lawsuit is apparently one of her “being in competition” somehow with NextEra as a result of her protest, which to me seems immediately frivolous.  I’d have to guess that, in the purest legal terminology this a “torte” action (but, since I’m not a lawyer, I couldn’t say for certain) and so whether one needs to bother establishing a prima facie case isn’t clear either.  But it seems there ought to be a mechanism to prevent any corporation capitalized in the tens of billions of dollars from suing a homemaker and plant nursery caretaker who’s just trying to make sure her kids are safe and imposing insurmountably high legal costs she really can’t afford even with generous, repeat donations from the public.

I wish her best of luck – but maybe this is the kind of thing that needs more scrutiny by our hard-working politicians to correct.

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Mission Improbable: Analyzing Conservative Justice

22-Apr-13 01:53 pm EDT Leave a comment

C

anadians seem to be having a tough time getting their consular representatives to help with problems abroad again….re-enforcing words spoken by (Canada’s) Liberal Party leader, Justin Trudeau at the convention last weekend.  Once again, the governing Conservatives seem to be abandoning those detained abroad to whatever injustices prevail instead of taking an interest in the outcome of cases where Canadians are detained without having the benefit of a government that will see them returned safely home; whether it be to serve time in a Canadian prison or simply to be exonerated of charges that have no merit.

In this episode of the CBC’s Fifth Estate, a woman who’d committed no crime was charged and held in a Mexican maximum security prison.  Was it her government that came to her aid?  Not bloody likely – it was the Mexican Supreme Court which finally agreed that based on numerous human rights violations during her incarceration her case should be thrown out!

Still, it was a hellish 18-month ordeal involving a heart-attack amongst other health problems resulting from a confinement that was absent a crime.  And nowhere to be seen were Canadian consular officials, perhaps presuming her guilt without so much as a review of the case (or none on record).  Or perhaps there was a review….one that had the stamp of RCMP approval on the word of a convicted felon and known liar.  Political scandal being swept under the carpet?

At least she’s home now – but the questions will, if there still is justice to be found in Canada, continue…

Terry Glavin

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