Saturday, 25 April 2015

Our court systems in jeopardy. (blog 98)

I watched the news this morning as I prepared for work and I happened to catch two stories that couldn't possibly be further apart but yet deal in part with the rulings and or comments from two very different judges, two different provinces and clearly two very different cases. These are the stories. And

Both of these judges like I said have made what appears to be controversial comments and or rulings so while I was on my way to work I thought about each of them, my thoughts are as follows.
 In the case of Omar Khadr. The kid was groom as a "terrorist" from the age of 11 by his father. When he was 15 it is alleged that he threw a grenade from within a hiding place as American soldiers came to kill him and his family. At least that is what I imagine the child to have thought. That being said,he was captured and detained as a child in the worst prison the world has actually ever heard of,"Gitmo".
Where presidents, vice presidents and staff blatantly lied to the American public and indeed the world about "torturing detainees", we now have been told since by the new President that "unfortunately, we tortured some folks" and that being a direct quote from Obama's mouth. Additionally we have been made aware that among some of those torture tactics have involved "waterboarding, forcing them to repetitively listen to annoying music and sounds while shackled in a torturous way, even that there was acts of sexual degradation of all kinds of nature including rape and indeed the world has seen pictures, heard testimonies.
So this is where they put a child for 10 years. Finally he pleads guilty and the perks of pleading guilt was that they would release him into the custody of Canada, the country of his birth to serve out his sentence. Considering what we know occurred at Gitmo, I would certainly think that played a serious part in the pleading of guilt. After all, how do you make it stop?
This boy, now man has tremendous community support, even his lawyer has offered to house him and basically reacquaint him to society, even his wife is willing to help out to educate the boy man in the ways of life that you just don't learn in school. Furthering that, a well known University is willing to educate the man free of charge.
A judge that granted his bail stated "

In her ruling, Court of Queen's Bench Justice June Ross found that Khadr has a constitutional right to apply for bail pending his appeal of five war-crimes convictions before a widely discredited American military commission.

She accepted evidence that he presents a low risk to public safety and has been a model prisoner — even though the federal government has branded him a hardened terrorist.

"This is a circumstance where balancing a strong appeal and the public confidence in the administration of justice favour the same result," Ross said in her decision.

"He has a strong basis for an appeal and the risk to public safety is not such that it is in the public's best interest that he remain in pretrial detention in a manner that could render his appeal irrelevant."

Now even though this individual is a respected judge and has made a ruling, those on behalf of the Harper lead Government oppose it and will not only appeal but state "Mr. Khadr is a potent symbol. The Canadian government argued that Mr. Khadr’s release not only would endanger society but harm Canada’s relationship with the U.S. It is not new for him to be treated as a person of national and international importance. The Supreme Court of Canada has already made two rulings on other aspects of his case. Next month, the Supreme Court will hear a third case about him. And the bail case, if it reaches the court, would be an unheard-of fourth hearing about one individual."

Since when does our Government side with of foreign Government against two of our citizens and one of them being a judge appointed by the Government to uphold our laws? But I will get back to that in a minute. First the other case and that is of the former senator Mike Duffy, accused in the senate scandal. Way opposite I know but in the end I will tie it in.
Yesterday the Judge in that case stated "“That’s the whole point — whether there were any rules at all,” the judge replied tersely. “I hope you have something more substantial than what appears on the platter right now.” And so the crown who represents the Government responds "When Neubauer expressed concern whether Vaillancourt had already made up his mind about the non-existence of travel rules even before he’d heard the evidence, the judge lost patience.

At this point in the trial I’m just beginning to see the broad brushstrokes . . . I’ve got a long way to go before the determination of facts but I would like to start hearing some evidence,”
So even though the judge exercises control over his court and dare ask a question, immediately it is implied that he has already made his mind up, thus in error all because he dare question the crown and Harpers representative.
It would appear to myself that our very judicial system is coming under attack from the Harper government and its representatives. Influence from foreign Government and in fact from our own. It would appear that even those who dare to question and yet are in good standing or referred to as those instrumental in deciding cases within our justice system, should they not see it the way the government sees it and or that of their representative then they come under some kind of attack themselves even though they are those appointed to uphold our judicial system.
This is something I have been skirting around for some time now and it is becoming more and more blatant by the day.
The two stories I describe and quote may seem to be reaching but there is a little more history to the recent, gradual yet ever growing Government control. The Harper government has been accused before of "widespread voter fraud" and in fact a whole list of offences and it doesn't appear that the courts are not been forgotten in his sights either as described in this link.
 In the end, something different from me but very much confirming that what I myself have been alleging and there are those who are supporting and or caving to pressure from this Government.