Contempt is not the right remedy -- he should be seeking a writ in lieu of prohibitum:
http://tinyurl.com/yjld854
Comic's lawyer wants human rights tribunal cited for contempt of court
By Keith Fraser, The Province
A lawyer for standup comedian Guy Earle, who has been accused of making homophobic remarks, has filed a motion in B.C. Supreme Court asking that the B.C. Human Rights Tribunal be cited for contempt.
...
In his Supreme Court motion, Millar says that a prior court ruling by B.C. Supreme Court Justice Peter Willcock called for the issue of jurisdiction to be dealt with before any hearing proceeds.
3 comments:
I've been working under the assumption that, given the differing stories offered by Pardy and Earle as to what actually happened that evening, the tribunal needed to hear evidence first before deciding jurisdiction. For example, did Mr. Earle's abuse occur during his performance or afterward? The answer might determine whether his free speech rights were infringed.
BCL
If it were that important then they should have at least tried to hear it 3 years ago,not last week.
I think you're right James. Contempt doesn't seem to be the appropriate remedy. It's been ages since I had to deal with this sort of thing but aren't mandamus and prohibition still available?
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