Category Archives: Legal

BC Going to Court After Alberta Restricts Fuel

Let’s get ready to rumblllllllllllle!:

Tensions over the Trans Mountain pipeline increased Thursday with British Columbia announcing plans to launch a lawsuit over new Alberta legislation that could restrict fuel exports to the West Coast.

B.C. Attorney General David Eby said his province will ask the Court of Queen’s Bench in Alberta to declare the legislation unconstitutional on the grounds that one province cannot punish another.

The bill, which allows limits on fuel exports to B.C., was passed by Alberta’s legislature on Wednesday.

If Alberta moves to implement the act, B.C. will apply for an injunction and seek damages, Eby said.

 

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Alberta Declares Victory in Trans-Mountain Appeal

SEE: fire, fat, out of:

Alberta Premier Rachel Notley is calling a recent court decision on the Trans Mountain pipeline expansion project a definitive victory.

The Federal Court of Appeal on Friday dismissed the B.C. government’s bid to challenge a National Energy Board ruling that allows Kinder Morgan Canada to bypass local bylaws during construction of the pipeline expansion which would triple the amount of crude flowing from Alberta to a port facility in Burnaby, B.C.

The court also ordered B.C. to pay the legal costs.

“Another victory for our economy. Another victory for our climate plan. Another victory for the pipeline and another victory for all Albertans and all Canadians,” Notley said Monday at an unrelated transit announcement.

The federal government approved the pipeline expansion in 2016, but the project faces significant opposition in B.C. Thousands of people have rallied in protest and the provincial government has raised concerns about the pipeline’s possible environmental and economic impact.

B.C. Environment Minister George Heyman said the government is disappointed by the court’s decision and suggested it undermines the local permitting process.

“The provincial government has steadfastly assured administrative fairness, while we defend B.C.’s interests by insisting on high standards for environmental protection and First Nations consultations,” he said in a statement Monday.

“Our government will continue to explore other legal ways to defend the interests of British Columbians against this unnecessary project.”

 

 

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Graham James Granted Full Parole

That’s the Canadian legal system for you:

Convicted sex offender Graham James, the disgraced former junior hockey coach who abused players under his charge, was granted full parole Thursday.

The decision was handed down by the National Parole Board following a hearing at a federal penitentiary in Laval, north of Montreal.

James, 64, is serving a federal sentence for sexually assaulting players he coached in the late 1980s and early ’90s with the Swift Current Broncos of the Western Hockey League.

 

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Opinion: “No, a Canadian is not a Canadian. It’s perfectly fine to strip citizenship from terrorists”

The ability to strip dual citizens of Canadian citizenship, however, has long been a power of the Canadian government. Bill C-24 expanded, slightly, the categories under which dual citizens may lose their citizenship. In the case of terrorism, treason and similar offences, it is a wholly appropriate punishment and a reasonable exercise of sovereign government power.

Contrary to what critics may claim of Bill C-24, the Harper government did not create a two-tier system of citizenship. As it turns out, a Canadian is not a Canadian is not a Canadian. For decades, the Canadian government has been able to strip the citizenship of those wanted for war crimes or genocide, or who obtained their citizenship through fraud or misrepresentation. Actions of this sort have generally been targeted to those suspected of war crimes or other crimes against humanity in Rwanda, the Balkans and Nazi Germany, and all are viewed as a widely-accepted, non-controversial exercise of state power in regard to bringing the worst of the worst to justice.

Read the whole thing.

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Justin Bourque Wants to Appeal Life Sentence

Unbelievable:

Convicted cop killer Justin Bourque plans to appeal his life sentence with a new lawyer.

Joelle Roy, a lawyer with the criminal law firm Gagne & Roy in Saint-Jerome, Que., confirmed Saturday she is now representing Bourque and is working on an appeal.

Bourque was convicted of killing constables Dave Ross, 32, Fabrice Gevaudan, 45, and Doug Larche, 40.

Constables Eric Dubois and Darlene Goguen were also injured in the shooting rampage through north-end Moncton, N.B., in June 2014.

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Article: “Everyone Freaked Out About Voter Suppression For No Good Reason”

I know this is from the Huffington Post and the comments were largely written by amoeba brains but just give it a read:

Complaints about Conservative “voter suppression” were unfounded. Mr. Trudeau alleging that “Mr. Harper still has tricks up his sleeve,” in a thinly-veiled reference to inappropriate “robocalls” in the 2011 election, completely ignored reality. In fact, not only has the CRTC implemented strict new rules regarding the use of automated phone messages (under a Conservative government, mind you), but the simple mention of a “robocall” is bound to elicit such a visceral response that they simply won’t be used as they once were. The alleged controversy took care of itself and was a non-issue for the 2015 campaign, even though Mr. Trudeau pushed the issue.

Myths about restrictive voter identification requirements “suppressing” and preventing non-Conservatives from voting were also exactly that: a myth.

Rather, voter turnout hit 68.3 per cent, the highest turnout in over two decades. It turns out, when you have reasonable standards to allow 38 different pieces of identification, people will overwhelmingly use those pieces of ID and just get on with voting.

The vouching system remained — it was merely trimmed back to avoid one person from being allowed to vouch for an entire busload of people. Something tells me the Liberals are unlikely to complain about the result of last night’s election on the grounds of any non-Liberals not being able to vote.

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Liberals Planning to Overhaul Bill C-51

The controversial security bill rammed through Parliament by the Conservative government in the spring is expected to be overhauled without delay by the new Liberal government, say party officials and other sources.

Proposed legislation to add new measures and repeal some existing parts of the law, now known as the Anti-terrorism Act of 2015, or C-51, is already being drafted and is to be tabled early in the new parliamentary session. Consultations with the public and various experts are planned before the replacement legislation is put to a final House vote.

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Canada Revokes Citizenship of Toronto 18 Ringleader

The government used its new power to revoke the citizenship of convicted terrorists for the first time on Friday against the imprisoned ringleader of the 2006 al-Qaida-inspired plot to detonate truck bombs in downtown Toronto.

Zakaria Amara was notified in a letter sent to the Quebec penitentiary where is he serving a life sentence that he is no longer a Canadian. He still holds citizenship in Jordan and could be deported there following his release from prison.

“He’s Toronto 18,” a source said, using the name by which Amara’s terrorist group was known. “They plotted terrorist attacks against downtown Toronto, they were convicted. They should not be citizens.” The decision was made by a senior official at Citizenship and Immigration Canada.

Legislation that came into force in May, over the opposition of the NDP and Liberals, allows the government to revoke the citizenship of Canadians who have been convicted of terrorism offences — provided they hold citizenship in a second country.

The law also applies to dual citizens convicted of treason and spying for foreign governments, as well as members of armed groups at war against Canada. A little more than half-a-dozen Canadians have been notified so far that the government was considering revoking their citizenship.


From Rex Murphy:

The denial of passports is a stage toward the denial of citizenship. But the denial or witholding of passports is not a sufficient signal of the detestation a country and its people hold for those who so contemptuously forsake the gifts of loyalty and respect that a country rightfully commands from real citizens.

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Some of Khadr’s Bail Conditions Are Eased

We have NO justice system; only a legal one:

A judge has agreed to ease some of the bail conditions for former Guantanamo Bay prisoner Omar Khadr.

Khadr’s curfew is being relaxed to allow him to attend night classes and early-morning prayers. Court heard Khadr is studying to become an emergency medical technician.

“It allows Mr. Khadr to fully progress in some of the educational programs he’s attending,” Khadr’s lawyer, Dennis Edney, said outside the Edmonton courtroom Friday.

“Night classes finish at 10 (p.m.). He would have to leave a night class earlier to satisfy the present curfew. Now the court is allowing him to be able to attend the night class and completely finish it, then make his way home in reasonable time.

 

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Defence lawyer fights with relative of Egyptian football riot tragedy as 11 thugs are sentenced to death for their part in soccer tragedy that left 70 fans dead

Chaos erupted outside a court in Egypt after 11 men were sentenced to death for their part in Egypt’s worst violence at a football stadium

A fight broke out between a defence lawyer and a relative of one of the victims from the Port Said tragedy following the verdict.

The men were found guilty of taking part in a pitch invasion at the Port Said stadium back in 2012, in which 70 fans were killed and at least 1,000 people injured…

unnamed-5

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Michigan: Court Again Tells CAIR to Pay Legal Fees For Harrassing Citizens Who Opposed Mosque

On June 1, a Michigan federal judge once again held that the Muslim Brotherhood-Hamas front group, the Council on American-Islamic Relations (CAIR), must pay legal fees and costs after the American Freedom Law Center (AFLC) successfully “quashed” harassing and burdensome subpoenas issued by CAIR to

Ms. Zaba Davis, a private citizen who received the subpoenas because she publicly expressed her opposition to the construction of an Islamic center in her neighborhood.

This was the third ruling by the court upholding what it termed a “sanction” for CAIR’s reckless violation of federal law…

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History lesson: The Nazis in Skokie, Illinois, 1977-78

Frank Collin, head of the National Socialist Party of America, tells the press about his organization’s plans to march in the predominantly Jewish town of Skokie, Ill., on June 22, 1978. (AP)

It has come to my attention that some readers have never heard of this event. Since I was an adult at the time, I recall hearing about it although I was living in distant Canada.

This is an excerpt from a piece written in 2009, recalling the events:

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David Wildstein, Former Ally of Chris Christie, Pleads Guilty in George Washington Bridge Scandal

David Wildstein, the former ally and political fixer of New Jersey Gov. Chris Christie, pleaded guilty Friday to two counts of conspiracy in the federal investigation of the George Washington Bridge lane-closure scandal.

Mr. Wildstein also indicated he has cooperated with federal prosecutors in the 16-month probe. In an appearance in Newark around 11 a.m. Friday, Mr. Wildstein said he conspired for months with Bridget Anne Kelly and Bill Baroni to retaliate against the mayor of Fort Lee, N.J. and then tried to conceal their actions. The Christie administration coveted an endorsement from Mark Sokolich in the governor’s 2013 re-election campaign, but he didn’t endorse the governor.

The indictment says their actions deprived people of Fort Lee “the ability to move freely through their borough.” The plea deal was signed more than three months ago, on Jan. 21.

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Accused B.C. terrorists’ laptop full of extremist content, violent video games: trial

VANCOUVER — Laptops seized from a pair of accused B.C. terrorists held recordings of the Qur’an alongside extremist literature and concealed files with instructions on building and setting off bombs, a trial has heard.

On Wednesday, an RCMP forensic computer expert showed a jury the contents of two laptops taken from John Nuttall and Amanda Korody hours after they allegedly dropped off homemade pressure-cooker explosives outside the provincial legislature in the early hours of Canada Day 2013.

On one of the computers, Cpl. Barry Salt logged into an account titled Mujahid — Arabic for holy warrior.

The jury saw the home screen’s black background was decorated with an Islamic creed written in flowing white script above the silhouette of an AK47 gun and the words “Support Our Troops.”

Salt showed that the computer contained files ranging from Adolf Hitler’s book “Mein Kampf” to various editions of the al-Qaeda magazine Inspire, as well as text documents titled The CIA’s Book of Dirty Tricks, and The Satanic Bible…

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