Cadman Redux -- A Litigation Saga

"The odd thing is that it appears the injunction was brought with a return date in September. Injunctions are granted rarely and the failure to act promptly on an alleged right can be fatal to the relief sought -- damages may follow but not an injunction. This is especially so where the claim seeks to restain otherwise free speech -- here political free speech. One might ask how serious the claim for injunctive relief is -- perhaps a tactic is being employed? jcm"


Who is accused of what?
The Globe and Mail
Fri 06 Jun 2008
Page: A22
Section: Editorial

It is difficult to imagine that the Conservatives would choose on a whim to revive the Cadman affair after it had finally receded from the spotlight. The party's claim that a tape had been tampered with, involving the infamous audio clip in which Stephen Harper appears to acknowledge some form of offer to the dying Independent MP Chuck Cadman in return for a vote by him that would help bring down the Liberal government of Paul Martin, must therefore be taken seriously. But it would be much easier to do so, if the Tories had not raised their concerns in such a bizarre manner.

The Conservatives, who will go to court in September seeking an injunction to bar the Liberals from using the tape, claim that it was doctored. But they have not said outright who they think doctored it. Tom Zytaruk, the author of a book on Mr. Cadman who conducted the interview with Mr. Harper, has denied any tampering.

Nor, in a press conference on Wednesday, would the Conservative MP James Moore say how - if at all - the meaning of Mr. Harper's comments had been distorted. In a subsequent e-mail, Mr. Harper's spokesman said that an edit to the tape "creates a question that was never asked" to place one of the Prime Minister's responses out of context. But in the affidavits presented by Mr. Moore, neither of two audio experts contracted by the Tories confirmed that.

In an insinuating press release, the Conservatives called yesterday on the Liberals to explain their "total involvement with author Tom Zytaruk and publisher Harbour Publishing," with Mr. Moore proclaiming that "Stéphane Dion must assure Canadians that the Liberal Party and his office acted appropriately. "

But it is the Tories who must first provide further explanation. The onus is on them to explain what exactly it is that they are alleging, why they believe they are correct to allege it, and how it proves that no inappropriate offer was made to Mr. Cadman.

This is a highly troubling matter. Either there has been a shameful attempt to besmirch the Prime Minister, or else to besmirch Mr. Zytaruk and the opposition Liberals. Either way, the questions raised by the Tories should not be permitted to hang in the air for more than three months until the court hearing. If the Conservatives felt strongly enough to go public with their allegations, they should now support them with evidence of where the malfeasance was committed.