Thursday, July 06, 2006

Something's Rotten in Ontario

How is it be possible that Judge David Marshall's orders regarding the Caledonia dispute continue to be ignored? Isn't the judiciary a separate and independent body apart from the provincial legislature?

Judge Marshall is obviously frustrated and is "ordering the parties to return on July 24 to submit ideas on how to deal with the failure to enforce the injunction. There will be another hearing to discuss an appropriate penalty for contempt of court". (CBC)

What is the point of having courts and judges if the orders can be ignored if they don't suit all the participants?

The other thing that I find ironic, is that in most cases up until now, the courts have had an extreme hand in determining our social values, with regards to swingers' clubs, same-sex marriage, etc. In those cases, the judiciary was regarded as infallible and beyond reproach. Provincial and federal legislatures had to fall in line.

However, we have this interesting situation in Ontario now, where a judge's orders can be ignored. I find this very disturbing. It erodes confidence in the government, the courts, and everything that we hold up as a part of a civilized democracy.

The Globe reports:

...And in a democracy, when court orders are not obeyed, "the court is not hurt by it. It is destroyed by it. There will be a return to rule of law," Mr. Justice T. David Marshall of the Ontario Superior Court said at a hearing yesterday as he ordered parties to return to court on July 24...


...Ontario government lawyer Dennis Brown said that, since the injunction was sought by a previous owner and is legally not attached to the land, it no longer had any force in law, and the province does not intend to seek a new one now.

While Judge Marshall reserved his ruling on the application to end the injunction, the focus of the legal jockeying has shifted to the future of the contempt order, directed against two named aboriginals and other, unnamed protesters.

The judge would like to be able to use the order to help end the occupation and to respond to the needs of the local community, which is extremely frustrated by the continuing occupation, according to C. E. McCarthy, who represented the Haldimand Law Society.

"When the province owns the land, we have to ask ourselves the question why the protesters need to be there. Now it is time for them to leave," Mr. McCarthy said...




So if I am interpreting this correctly, it appears that the Province bought out the developer so that the injunction ordered by Judge Marshall would then be rendered void, since it was originally requested by Henco Industries. My guess is that McGuinty hopes when the smoke and dust clears, he can just quietly pass the land over to the natives for a nominal sum if any.

Whether or not the land claim is legitimate is irrelevant at this point. We have a serious problem in Ontario, and it extends way beyond Caledonia.

Dare I use the word corrupt?


UPDATE: Check out Musings of the Technical Bard: On Caledonia. It's worth the read!

6 comments:

TrustOnlyMulder said...

The other thing that I find ironic, is that in most cases up until now, the courts have had an extreme hand in determining our social values, with regards to swingers' clubs, same-sex marriage, etc. In those cases, the judiciary was regarded as infallible and beyond reproach. Provincial and federal legislatures had to fall in line.

Ding ding ding, you hit the nail on the head with the above statement.

How the left continues to just do what it wants, when it wants is unreal. if I were this judge, I would toss them all in jail for contempt right now until they capitulate. i.e. until that yellow bellied mcshifty gets the OPP to drag the protesters out of there.

Red Tory said...

Are you perhaps overlooking the fact that there may be legal merit in the provincial government's position?

PGP said...

Seems that every day the fool McGuinty takes this fiasco to a new level of absurdity.

Maybe the Judge can hold the OPP and McGuinty in contempt for failing to enforce the legal order.

If Provincial officials fail to do their duty can citizens demand Federal intervention?
How is that class action going?

See more at DMB....

OMMAG

Joanne (True Blue) said...

PGP - Yes, I think we need a little help from our friends higher up the food chain.

Ottawa Core said...

"My guess is that McGuinty hopes when the smoke and dust clears, he can just quietly pass the land over to the natives for a nominal sum if any."

that's hilarious. mcguinty and his developers own the land. they will do with it as they see fit. which means everyone's screwed. the bulldozers are comin'

Joanne (True Blue) said...

they will do with it as they see fit. which means everyone's screwed. the bulldozers are comin'

Could you translate that please? What do you think McGuinty will do with the land?