Thursday, August 19, 2010

 

By-laws Amending the Canadian Judicial Council Inquiries and Investigations By-laws

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BC Mary comment: Thanks to E.M. for finding this announcement from the Supreme Court of Canada. 
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New Law August 7 2010

By-laws Amending the Canadian Judicial Council Inquiries and Investigations By-laws

Statutory authority

Judges Act

Sponsoring agency

Canadian Judicial Council

PROPOSED REGULATORY TEXT

Notice is hereby given that the Canadian Judicial Council, pursuant to subsection 61(3) of the Judges Act (see footnote a), proposes to make the annexed By-laws Amending the Canadian Judicial Council Inquiries and Investigations By-laws.

Interested persons may make representations concerning the proposed By-laws within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Norman Sabourin, Executive Director and Senior General Counsel, Canadian Judicial Council, Ottawa, Ontario, K1A 0W8 (fax: 613-288-1575; email: nsabourin@judicom.gc.ca).

Ottawa, July 19, 2010

BEVERLEY MCLACHLIN
Chief Justice of Canada
Chairman
Canadian Judicial Council


Whats this all about????
BY-LAWS AMENDING THE CANADIAN JUDICIAL COUNCIL INQUIRIES AND INVESTIGATIONS BY-LAWS

AMENDMENTS

1. The Canadian Judicial Council Inquiries and Investigations By-laws (see footnote 1) are amended by adding the following after section 1:

CONSTITUTION AND POWERS OF A REVIEW PANEL

1.1 (1) The Chairperson or Vice-Chairperson of the Judicial Conduct Committee who considers a complaint or allegation made in respect of a judge of a superior court may, if they determine that the matter warrants further consideration, constitute a Review Panel to decide whether an Inquiry Committee shall be constituted under subsection 63(3) of the Act.

(2) The Review Panel shall consist of three or five judges, the majority of whom shall be members of the Council, designated by the Chairperson or Vice-Chairperson of the Judicial Conduct Committee.

(3) The Review Panel may decide that an Inquiry Committee shall be constituted only in a case where the matter might be serious enough to warrant removal of a judge.

(4) If the Review Panel decides to constitute an Inquiry Committee, it shall send its decision to the Minister without delay, together with a notice inviting the Minister to designate members of the bar of a province to that committee in accordance with subsection 63(3) of the Act.

http://www.gazette.gc.ca/rp-pr/p1/2010/2010-08-07/html/reg1-eng.html#reg

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Thoughts?

Comments:
Yup, 3 to 5 Judges is better than one/two
 
One more time, Jagmohan Bains appeal Jan 2010, decision
April 9, 2010

Mr. Bains appeals his conviction on two grounds:

1. The trial judge erred in finding that the 45-month delay was not unreasonable and therefore a violation of s. 11(b) of the Charter; and,

2. The trial judge erred in dismissing his application for a voir dire, and in dismissing his application for an in camera hearing for the purpose of making submissions on whether there should be a voir dire on the abuse of process allegation.

[7] For the reasons that follow, I am of the view the trial judge did not err in dismissing either application. Accordingly, I would dismiss the appeal.

DID YOU READ THIS ANY CANWEST PAPER?

http://www.courts.gov.bc.ca/jdb-txt/CA/10/01/2010BCCA0178.htm
 
Have You heard that the Victoria Times Colonist got a award?

ELEVENTH ANNUAL JUSTICIA AWARDS PRESENTED FOR LEGAL REPORTING NIAGARA, August 13th, 2010 - - A team from the Victoria Times Colonist and a team from Radio-Canada's Enquête are the winners of the eleventh annual Justicia Awards for Excellence in Journalism.
....
Print

A team from the Victoria Times Colonist, including reporters Louise Dickson, Lindsay Kines and Rob Shaw, editorial writer Dave Obee, columnist Les Leyne, and city editor Stephanie Coombs, is the winner in the print category for a series on access to information in the B.C. courts, published in February 2010. The series revealed many inconsistencies, sparking a reaction of concern from the B.C. Supreme and Provincial courts, which resulted in dramatic changes to justice policy in the province. The Justicia jury said this investigative series best fulfilled the role that the Justicia Awards were created to encourage. "The series exemplifies professional investigative journalism at its best, and the conclusions it draws are flawless."
....
The event is open to accredited media. Please contact Hannah Bernstein for accreditation.
http://www.justice.gc.ca/eng/news-nouv/nr-cp/2010/doc_32540.html
 
The people are speaking out about the judiciary in this country and particularly in BC. Someone obviously has noticed. Keep up the good work Mary, Robin, Laila, Norm, and the list goes on. I get more information from you than any conwest or glowball media outlets. They are a big part of the problem in this province and in this country.
Congratulations to all the bloggers, carry on with the excellent work. I have been forwarding links to all my associates so that they too may really see what's going on with the corruption amongst us.
 
Yes, it seems that way to me. I sent a letter to Justice MacKenzie, I wonder how many letters have circulated by now.

I also see another closed process of elites passing judgement on eachother, as we all know that can be problematic. It strikes me as a star chamber...
 
:
(4) If the Review Panel decides to constitute an Inquiry Committee, it shall send its decision to the Minister without delay, together with a notice inviting the Minister to designate members of the bar of a province to that committee in accordance with subsection 63(3) of the Act.


So, uh....but what if the Minister is in a conflict concerning the nature of the case/conduct in question? i.e. that he/she is part of a government and party whose cabinet and executive past and present are all implicated?

There's no loophole for that is there? That the fox still gets to patrol the chickens, but is also in charge of the other, lesser, foxes, no matter what else.

It's not like Ministers are popes, let alone saints. How could such a selection by allowed to be political in nature?? i.e. appointed by a partisan figure when partisan matters are at issue?

Power to the people, not the politicians....
 
"ELEVENTH ANNUAL JUSTICIA AWARDS PRESENTED FOR LEGAL REPORTING NIAGARA, August 13th, 2010 - - A team from the Victoria Times Colonist and a team from Radio-Canada's Enquête are the winners of the eleventh annual Justicia Awards for Excellence in Journalism."

This is from the Onion or National Lampoon, right?
 
Yhere's that term again:
The event is open to accredited media. Please contact Hannah Bernstein for accreditation.
http://www.justice.gc.ca/eng/news-nouv/nr-cp/2010/doc_32540.html


I guess it's an "us" and "them" thing. The "approved" or "official" media as an elite with its own secret hadnshakes and arcane passwords.

Maybe Robin should write Hanna Bernstein and see if the credential she gives him would work in BC Supreme Court.

Either that or just leave your phone's recording app "on" from before you enter the courtroom....

They're not strip-searching you at the door, or making you empty your pockets are they?
 
I wanted to comment on the News last night at 11, I was switching between news channels,I wanted to see the Anti HST reporting, did anyone else notice that just before Carole James spoke, Official Opposition Leader they did not call Her by name they called here this woman says.
AND it was a very brief report, considering How HUGE this is for BC.
 
I've seen them do that with Carole James before; show her and then only say "this woman says...". Musta been on national media because it would have been since I arrived here in Nova Scotia....

Treating political opponents as "non-entities" in this fashion is a hallmark of the Chinese and Russian propaganda machines....

Maybe CSIS should investigate the news media too, though I guess being taught new ways to lie and to degrade your enemies isn't quite the same thing as a politician selling their soul to a foreign power......as if BC Liberals had souls they could sell, or hadn't already sold long before.....

Actually come to think of it I think it was a CBC newscast which treated Carole James that way....not a CanWest outlet (I don't watch Global Maritimes, it's too far down the dial and seems more New Brunwick-focused).
 
In BC, any bad press regarding Campbell means, no government ads for your paper. Same thing with judges. Opposing Campbell, they find themselves out of a job. RCMP, contract would not be renewed. It doesn't matter where you look. With Campbell, it's lies and corruption, every inch of the way. I buy no newspapers, out of Vancouver and Victoria. They are, in your face biased. It boils down to, what a journalist is willing to sell his soul for. The newspapers from the east, really do have the best reporting.
 
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