Anonymous has left a new comment on your post "Basic
Rights Are Inviolate":
The Municipal Act is fine in theory. But it
remains largely untested. There is simply insufficient case history for lawyers
threading their way through it. They must rely upon what a judge will/will not
accept.
The same holds true with the SLAPP law. The Aurora case is setting
precedents which other lawyers can track.
That leaves Evelyn's case about
which I know nothing. But I suspect it is also in uncharted water.
In legal
terms, being the fore-runner is not a great place to hold. It is dangerous and
unpredictable.
Any town willing to take over from Aurora is welcome to do so.
*********************
The argument appears to be from someone with an interest in the law.
It's said a person who acts as his own lawyer has a fool for a client.
I was once asked by a lawyer, to provide documentation on where I had obtained my legal education.
Since I do not claim an education in law I found the question odd.
I have what every citizen should have; a well-honed understanding of my rights and obligations as a citizen and the limits of power in a democratic system of government.
Abuse of authority. Abuse of public resources. Denial of Charter Rights. Defamation of a person's character and reputation are not
allowed.
Long before the modern plethora of litigation, common law was the measure of decency and acceptable behaviour.
"Education" in the law is the new card in the pack.
Precedents are the determining factor.
Before the Charter of Rights and Freedoms, passed more than thirty years ago, none of the abuses above were permissible within the law.
We do live in a civilized society.
The waters were thoroughly charted.
Legislators didn't do that stuff.
It' s worth noting it didn't take long after the Morris SLAPP litigation for another Mayor in the Region to follow suit.
How quickly, the virus was able to spread.
The internet and Aurora's experience brought a halt to the pestilence.
Whether the Mayor of Georgina will be called to account in a court of law seems unlikely now.
It will be two years before the electorate has an opportunity to pass judgement. .
But thanks again to the internet, it is not likely to be forgotten in the interval.
That's a good thing.
Monday, 12 November 2012
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1 comment:
Mayor Ford goes to Court tomorrow, this time for a defamation case brought against him.
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