timeimmortal

David Warren points out something that has perhaps been missed in all the current debate over the human rights commissions and, in particular, the case against Maclean’s. Although in the end, the BCHRT was the only human rights enforcement body that went ahead and pursued the issue (the CHRC and OHRC dismissed the case), the case could potentially have been prosecuted in all three venues.

Now, perhaps someone with more legal knowledge than I could weigh in on this matter more clearly…but would a case of such a multiple prosecution not be a violation of the concept of “double jeopardy”, something which Canadian citizens are ostensibly protected against in the Charter?

I have mentioned only the current cases in which periodical publications have been prosecuted, in the strange new world of “Kafkanada” — where you can be tried for the same imaginary “hate crimes” in any or all federal and provincial jurisdictions, simultaneously or sequentially. A single complaint by any reader anywhere is enough to launch a secret inquiry. The target has no right to confront his accuser, and will not at first even be told who he or she is.

Truth is no defence, the absence of harm is no defence, there are no rules of evidence — due process is entirely subverted. The inquisitors of these kangaroo courts may ultimately reach any “judgement” they please, after months or years of playing cat-and-mouse with their selected victim.

Is this what Canada has become?

~ by Kenneth on June 30, 2008.