Thursday, December 3, 2009

Stephen Boissoin Wins In General

Not a Total Victory But a Reasonable One

I have had a chance to do a preliminary review of the Judgment by the Honourable Mr. Justice E. C. Wilson in the Boissoin case.

I also have a later commentary and review here for visitors from Blazing Cat Fur, and others who stumble on this posting first.

Bottom line re constitutionality is that the impugning sections of the Alberta Human Rights, Citizenship and Multiculturalism Act, Sections 3(1) and 3(2) are not ultra vires the province, though the application of the provisions by the Panel was not within the acceptable limits of the legislation itself.

In short, Justice Wilson opined that the words in the passages used by the Panel to find guilt by Stephen Boissoin "are not of the extreme nature that the applicable definitions require. That the language may be jarring, offensive, bewildering, puerile, nonsensical, and insulting may admit of little doubt."

But, Justice Wilson has a bit of a sense of humour as he further states: " is unfortunate that Crown Counsel, in the course of cross examining the appellant's sole expert witness, asked the witness if he could explain the difference between the letter and Adolf Hitler's Mein Kampf. The damning innuendo is obvious. (on the other hand, if a parallel could be fairly drawn it should be noted that, far from being restrained, Mein Kampf is available at the Calgary Public Library.

I checked the Calgary Public Library and in fact they currently have two copies of Mein Kampf, one out on loan (probably to some kind of hater or condemner) and one on hold for another soon to be miscreant. Of even more interest is that 3 more copies of the book are on order to add to the inventory.

Basically as to the findings of the panel against Stephen Boissoin, and the remedies they foisted upon him, Justice Wilson seemed to find that the Panel, you can read in Citizen Andreachuk if you choose, was unable to comprehend the English language, and failed to attempt to gather the context into their findings among other faults in their jarring, offensive, bewildering, puerile, nonsensical and insulting efforts to squeeze the crap out of Stephen Boissoin. He seems to have found them/her to be suffering from an abundance of political correctness, absent common sense. At least that's how it reads to me on first blush.

Still more to come tomorrow, I expect. By the way, the ruling is available here.

Early comment in from Rob Breakenridge at CHQR in Calgary, Canadian Constitution Foundation, and Edmonton Sun.

1 comment:

Anonymous said...

Blazing Cat Fur has the decision.