Treated rightly or wrongly (and my sense is she was not treated fairly) this claim just doesn't have legs. The Prime Minister is entitled to choose Cabinet for any reason at all and such choice cannot possibly be subject to review by the Courts. At best she might have a claim for comments made to the media but even there the harm caused - being expelled from Cabinet - is not compensible:
http://bit.ly/v6EQJL
OTTAWA— The Canadian Press
A host of officials including Prime Minister Stephen Harper were involved in a “conspiracy” to remove Helena Guergis from cabinet and the Conservative caucus, a defamation suit filed Thursday by the former Ontario MP alleges.
The allegations — that Ms. Guergis was removed based on unproven allegations, damaging her reputation and political career — are contained in a statement of claim filed with the Ontario Superior Court.
3 comments:
She wasn't just expelled from Cabinet, she was expelled from caucus, effectively ending her political career.
I have said that the saddest thing about Mrs. Guergis' position is that she was completely fine with Harper and the Conservatives Party's unlawful and immoral treatment of people until she suddenly found herself to be the victim of the very thing she supported. That is why I have had no sympathy for her.
However, I hope she wins every part of her lawsuit against them.
Legal question - can the PM and the Members of Cabinet refuse to testify based upon some executive immunity??
Kirby,
Good question -- in fact I'll do a proper post on it -- but almost certainly no.
Best
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