KIRK MAKIN
Globe and Mail
QUEBEC — Chief Justice Beverley McLachlin moved to stifle controversy over her role in awarding the Order of Canada to abortionist Henry Morgentaler today, saying she purposely did not cast a vote at a committee meeting where his name was proposed as a recipient.
Chief Justice McLachlin told reporters at the Canadian Bar Association's annual convention that her critics mistakenly believe she took a position in favour of Dr. Morgentaler receiving the award."There has been a lot of misinformation on this issue," she said. "Some idea was put out by I don't know who - a rumour or some source - that the chair leads the discussion. That is just not the case. My view is I'm there to ensure that the meeting runs well and fairly, and that the vote is taken fairly - not to weigh in in favour or against a particular candidate."
Chief Justice McLachlin was recently targeted in an anonymous complaint to the Canadian Judicial Council about her conduct in the Morgentaler decision.
However, she said today that she is required by law to chair the Order of Canada nomination committee. "It's not something I chose to do," she said. Speaking at a press conference, Chief Justice McLachlin said that her policy has always been to refrain from voting on Order of Canada nominees. "I feel reasonably comfortable about the process, doing it the way I have outlined that I do it and not getting involved in voting for a particular candidate or advocating for a particular candidate," she said.
"I made a personal policy decision that I would not weigh in for or against a particular name ... and that is the way I have always proceeded," she said. "In fact, I do not vote except I reserve the right to vote in the rare case of a tie. ... I'm told that I voted once to break a tie. I don't have a recollection of that. My recollection is that I have never voted."
Within moments of her declaration, Manitoba Chief Justice Richard Scott - chair of the Canadian Judicial Council's disciplinary committee - said that the chief justice's defence will likely derail the misconduct complaint."Based on the explanation that [Chief Justice] McLachlin gave us today - what she explained her role as - it is not likely to be viewed as judicial misconduct," he said."
As the Chief Justice said, from day one, the chief justice has chaired the Order of Canada," Chief Justice Scott added. "In light of the role that she has assigned to herself, I'd be surprised if many people would have a problem with the way that she carries out that particular role."
Full story here:
6 comments:
The madness of it all: in response to "an anonymous complaint" to the Canadian Judicial Council about her conduct Chief Justice Beverly McLachlin claims that she didn't vote in (the) Morgentaler decision.
In the eyes of Globe and Mail editors the complaint presented by 42 organizations representing over a million people constitute "an anonymous complaint".
The Actual vote by Chief Justice Beverly McLachlin is mentioned only in point seven of the complaint. Other issues relate to her decisions as the Chair of Nominating Committee of the Order of Canada. Is she going to deny her decisions as a Chair?? She already claims that she was forced to preside over that fiasco.
Her claim that she was forced by legislation to sit as a Chair does speak well of her character as well, by law she stands second in line to act as the Prime Minister of Canada in case PM Stephan Harper falls sick, or dies. If that ever happens and she messes it all up as bad as she messed up on Morgentaler file is she going to offer us yet another "poor woman's excuse" for her nonperformance??
The best part of the latest pronouncements was offered by Chief Justice Scott head of the Disciplinary Committee of the Canadian Judicial Council who said, "The bottom line is, if it's not about misconduct, the complaint is going to be dismissed without asking the judge involved to comment."
This "magic distinction" that CJC keep on making between "judicial decisions" and "judicial conduct" is about to crash and burn while hitting the reality of this complaint.
This "ultimate excuse" that CJC keeps on using in order to refuse looking at the stupid judicial decisions that Canadians keep on complaining about is that such "judicial decisions" could and should be appealed to a court of higher jurisdiction regardless of the time lost and the cost of such "remedies".
This excuse of the so called “ultimate remedy” is not going to work in this particular case.
Since we are taking about Chief Justice Beverly McLachlin’s decisions as a Chair of Order of Canada Nominating Committee, the only appeal that anybody could ever make, as there is no higher court in this land, would ultimately be to the Supreme Court of Canada where Beverly McLachlin is acting as a Chief Justice. That being the case it is not possible to have her decisions, however stupid they appear to have been, overturned by anybody else but herself.
If we are talking about checks and balances, no matter how we slice it, Chief Justice Beverly McLachlin has to step down in order to have this; “anonymous complaint", filed by 42 organisations acting on behalf of over a million people living in Canada, properly resolved.
so, basically, Bev wimped out and did nothing. She "purposely" didn't vote on this, but she doesn't normally vote anyway. Therefore, the fact that she abstained from voting means nothing. She's just tring to CYA because of the outroar that occurred after the fact. Sigh. I hate to say it, but the woman has no, ahem, balls??!!
so, basically, Bev wimped out and did nothing. She "purposely" didn't vote on this, but she doesn't normally vote anyway. Therefore, the fact that she abstained from voting means nothing. She's just tring to CYA because of the outroar that occurred after the fact. Sigh. I hate to say it, but the woman has no, ahem, balls??!!
ORDER OF CANADA CONTROVERSY
Critic unimpressed by top judge's explanation on Morgentaler
http://www.theglobeandmail.com/servlet/story/LAC.20080818.ORDER18/TPStory/National
Chief Justice Beverley McLachlin says she did not vote on nomination of abortion activist to Order of Canada
KIRK MAKIN
JUSTICE REPORTER
August 18, 2008
QUEBEC CITY -- A move by Chief Justice Beverley McLachlin to stifle a controversy about her role in the awarding of the Order of Canada to abortionist Henry Morgentaler has done nothing to clear her of misconduct allegations, one of her chief critics said yesterday.
"If Canadians cannot count on non-political, non-ideological justice from the Supreme Court of Canada, it compromises the whole justice system," Charles McVety, president of the Canadian Family Action Coalition and president of the Canada Christian College in Toronto, said in an interview yesterday.
Chief Justice McLachlin told reporters at the Canadian Bar Association annual convention on the weekend that critics mistakenly believe that she voted in favour of Dr. Morgentaler receiving the award. She said that she purposely did not cast a vote at an Order of Canada committee meeting where his name was proposed.
"There has been a lot of misinformation on this issue," Chief Justice McLachlin said.
"Some idea was put out by I don't know who - a rumour or some source - that the chair leads the discussion. That is just not the case. My view is I'm there to ensure that the meeting runs well and fairly, and that the vote is taken fairly - not to weigh in in favour or against a particular candidate."
She noted that, because of her position as chief justice, she is required by law to chair the Order of Canada advisory committee. "It's not something I chose to do."
However, Dr. McVety, whose organization launched a complaint to the Canadian Judicial Council about the Chief Justice's conduct in the Morgentaler matter, said her explanation implicates her even more deeply in misconduct. "We were quite astonished to read reports of what she had said," Dr. McVety said.
"We never accused her of voting. We accused her of disregarding the constitution that she is bound to serve. By expressing her approval of the process, she is expressing approval of Morgentaler's activism on abortion."
Dr. McVety said that as the chair of a committee that is instrumental in conferring honours on individuals, some of whom may represent controversial causes that could come before the Supreme Court, the Chief Justice's independence is automatically compromised.
Dr. Morgentaler, an outspoken critic of a system that restricted abortions only to women who obtained the permission of hospital abortion committees, was charged, tried and acquitted three times for breaking the law. The abortion law was struck down by the Supreme Court in 1989 as being unconstitutional.
The Morgentaler controversy erupted last month after the government released a list of those who will receive the Order of Canada this year. Supporters were ecstatic that the physician's lifelong fight for abortion rights would be recognized with the country's highest civilian honour. However, critics denounced the decision, focusing much of their anger at the Chief Justice's role on the nomination committee.
Chief Justice McLachlin told reporters that since becoming part of the committee, her policy has always been to refrain from voting on nominees. "I feel reasonably comfortable about the process, doing it the way I have outlined that I do it, and not getting involved in voting for a particular candidate or advocating for a particular candidate," she said.
Within moments of her comments, Manitoba Chief Justice Richard Scott, who is chair of the Canadian Judicial Council's disciplinary committee, said that her defence would likely derail at least a portion of the misconduct complaint.
"In light of the role that she has assigned to herself, I'd be surprised if many people would have a problem with the way that she carries out that particular role," Chief Justice Scott added.
In years to come, he said, the federal government may need to reconsider whether judges should be required to chair various commissions, such as those that decide provincial electoral boundaries.
"These are historical things that judges have done over the years because of our reputation for independence and impartiality," he said.
"At some point in time, I think that we have to look at those kind of roles, as our society changes and people become more aware of the distinct role that the three branches of government had."
Spin doctors from Osgoode Hall Law School come out in force in defence of Chief Justice Beverly McLachlin.
Future "Officer of the Court" Christopher Bird in his article posted on official blog of the Osgoode Hall Law School resorts to lying by omission in his attempt to defend Canada’s Supreme Court Chief Justice Beverly McLachlin, who chaired the panel that recently awarded Morgentaler the Order of Canada.
Please read the text of the actual complaint as it is posted at this link:
http://www.familyaction.org/PDFs/CanadianJudicialCouncilComplaint.pdf
1. Under the Policy section of the Constitution of the Order of Canada, paragraph 3 (b) (ii) disallows a nominee if the person “has been subject to official sanction, such as a fine or a reprimand, by an adjudicating body, professional association or other organization.” The Chair must have been or should have been fully aware that Dr. Henry Morgentaler was sanctioned by the Disciplinary Committee of the Professional Corporation of Physicians of Quebec. In 1976 his medical license was revoked for one year. ===In fact, he was found guilty of “not holding a valid interview before an abortion, for failing almost completely to gather a case history of his client, for failing to perform the necessary pregnancy test or blood test, for not obtaining pathological examination of the 'tissues' removed and for failing to follow up the state of health of his patients afterward."==
Please note that part of the text separated by equal signs quoted from actual complaint is ommited in the article that can be read at the link provided at the bottom of this post. Our budding spin doctor is trying to create an impression that he is quoting verbatim all points included in original complaint and that he attempts to "address" them one by one.
Let me quote Christopher Bird's defence:
The letter is incorrect. The Constitution of the Order of Canada requires the Advisory Council to consider termination of an appointment to the Order of Canada in such a situation; it does not demand it. In this instance, given that Dr. Morgentaler’s sanctions and punishments were delivered for his medical practice, which society at large has since deemed acceptable, it seems likely that the Advisory Council considered the sanctions to be outdated and not relevant in current Canadian society, where support for legalized abortion polls at seventy-five to eighty-five percent.
Funny how it all works Christopher Bird is so quick to accuse people who filed complaint against Court Chief Justice Beverly McLachlin as dishonest and crooks and first thing he does is lies by omission. Our budding spin doctor wants us to belive that Morgentaler was sanctioned for fact of performing abortions and not for his other professional misconduct and this is why he decided to ommit specifics of the complaint that show Dr. Morgentaler as greedy and unscrupulous doctor.
http://www.thecourt.ca/2008/08/19/the-complaints-against-chief-justice-mclachlin-are-less-than-impressive/-
Old boys’ errand girls took "decisive action" on abortion file.
Who arranged to give Dr. Henry Morgentaler the Order of Canada and why??
Chief Justice of Canada Beverly McLachlin publicly claims that it was not her decision. Governor General of Canada Michaelle Jean refuses to show her face and accept petition signed by 30000 Canadians demanding revocation of that decision.
Did Dr. Henry Morgentaler blackmail Marty Teplitzky "the Judge Maker" (see: http://tcbarristers.com/lawyers.html) in order to get for himself the Order of Canada??
Things, more and more, look that way.
Henry Morgentaler used blackmail in his letter to Prime Minister Pierre Trudeau in 1973, (see: http://www.lifesitenews.com/ldn/2008/may/08050801.html ). It is more than likely that he either used blackmail or supplied evidence that could have been used to blackmail political opponents of Liberal party in 1975 in his dealings with Ron Basford than Canada’s Minister of Justice in order to get himself out of jail (see: http://clcbc.org/morg/ar91.htm ).
Marty Teplitzky is well known in Toronto legal community for running an escort agency and for providing underage boys and girls as sexual toys for Toronto Elite. Marty is also known for arranging videotaping of such sexual encounters and known for using such compromising and sexually explicit materials to "influence" everybody that is anybody in Ontario legal community.
Services of a discrete and unscrupulous abortionist are essential in smooth operation of Marty Teplitzky escort business as his female employees once in a while get pregnant with Marty’s clients. In this day and age of DNA paternity testing and feminists running court system such pregnancy might easily be converted into a financial windfall for a "lucky girl" and financial ruin for Marty’s wealthy client.
It is more than likely that over the many years that Marty operated his business such problems did develop and some of the “lucky girls” working for Marty’s escort business who tried to cash in on their "winning tickets" were delivered against their will to Dr. Henry Morgentaler’s abortion clinic and had their “lucky meal tickets” forcefully removed from their wombs.
If such or similar scenarios really took place in Teplitzky/Morgentaler business dealings, Morgentaler would have had very good cards in his possession that he could have used to blackmail Teplitzky.
Considering the fact that Marty Teplitzky have shown on numerous occasions how much pull he really has in legal community; in 2000 Marty arranged for his wife Nancy L. Backhouse nomination as a Superior Court Judge (see: http://www.justice.gc.ca/eng/news-nouv/ja-nj/2000/doc_25405.html ). In a same year Marty arranged that his wife’s sister Constance Backhouse become a professor of law at university of Ottawa (see: http://www.constancebackhouse.ca/biography/about-me-page-2.html) such developments would never go unnoticed by his loyal sidekick.
One could guess that both appointments must have been wedding gifts of sorts as there is a considerable age difference between Marty and his latest wife Nancy.
Marty’s unique position in Ontario legal community and his unique form of influence has been well utilised by his daughter Sheryl Teplitsky who set up and runs collection agency specialising in collection of unpaid debts from law firms in Canada, task that for normal mortals is impossible to accomplish (see: http://www.lawyersweekly.ca/index.php?section=article&articleid=29 ).
Quite recently Marty ventured outside of promoting and rewarding members of his immediate family and arranged that Warren Winkler was honoured with Sara Laskin Award shortly before Winkler was officially, on June 1, 2007, nominated as a Chief Justice of Ontario Court of Appeals (see: http://www.zsa.ca/zsa.php?fuseaction=main.post_articles_item&id=437 and http://en.wikipedia.org/wiki/Warren_Winkler ).
These latest developments might have prompted Morgentaler who was twice refused Order of Canada to put pressure on Teplitzky to finally satisfy Morgentaler’s vanity or face the consequence of Morgentaler spilling his secrets to wrong people and toppling Teplitzky’s sex trade empire. Such threat if it was ever uttered would have been very serious due to the fact that Morgentaler does not have that much time to live so Teplitzky cannot retaliate against Morgentaler even if he were to try to have him killed.
If such was the case and Teplitzky buckled under Morgentaler’s demands than it would have made sense that while working his magic to get Order of Canada for Morgentaler Teplitsky would arrange same Order of Canada for his wife’s sister Constance Backhouse (see: http://www.medias.uottawa.ca/salledesmedias/news-details_1503.html ).
Can above theory explain Chief Justice of Canada Beverly McLachlin’s reaction to the complaint that was filed against her with the Canadian Judicial Council? If Chief Justice was in fact pushed and pressured by Teplitzky and his clients to name Dr. Morgentaler to Order of Canada than it would be no small wonder that she would refuse to become a fall person of Toronto Old Boys Club and resign from her position at SCOC as such development would be the ultimate irony and an ultimate defeat of everything that Chief Justice of Canada Beverly McLachlin ever stood for.
Political football as it is currently played in Ottawa guarantees that Conservatives are not going to let this latest controversy die as it presents them with perfect opportunity to reshape makeup of Supreme Court of Canada stack it with people who reflect their own philosophy.
It seems that Beverly McLachlin’s choices are limited at this time; she either goes alone on a plank, jumps overboard and signals complete defeat of feminist movement in Canada, (very likely scenario, as the beans are being spilled anyway) or she can use her position in order to try to sink as many members of Toronto Old Boys Club as she can while she still can. Such course of action might not save her current position but it might save feminist movement from total defeat and make her in time into real martyr of feminist cause.
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Nobody at Rideau Hall to accept anti-Morgentaler petition
Laura Drake , Canwest News Service
http://www.canada.com/topics/news/national/story.html?id=9b28fac6-b7be-4c04-ab56-186bf99d6489
Published: Wednesday, August 20, 2008
OTTAWA - A petition bearing 30,000 signatures calling for Dr. Henry Morgentaler to be removed from the Order of Canada had to be left at the gates of Rideau Hall Wednesday afternoon since no official at the vice-regal quarters was there to accept it.
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