Judge Clements, brain user.
The lawyer for an anti-abortion activist jailed for entering a Toronto abortion clinic last fall is appealing her conviction, saying he thinks the judge may have left the impression of bias during a verbal skirmish in which the judge told his client: “Your God’s wrong.”
Justice S. F. Clements launched a “conditional attack on the Christian God” during the March 21 hearing at the Ontario Court of Justice, in which Mary Wagner was convicted of mischief and breach of probation, apellate lawyer Peter Boushy plans to argue during the forthcoming appeal hearing.
“I think it could be certainly argued on appeal that the justice’s conditional attack on the Christian God, along with the tenor and content of his other comments that day, gives rise to a reasonable apprehension — and I stress the word ‘apprehension’— of bias by [the judge],” Mr. Boushy said in a statement to the Post.
The province has two registered gynecologists and two hospitals, in Moncton and Bathurst, perform the bulk of the publicly funded abortions. The government’s push to quash the human rights inquiry is an attempt to stifle the debate over abortion in New Brunswick, Ms. Leibovitch said.
“As far as I’m concerned, this is one more way that they can continue to not give women in New Brunswick the same access to abortion services as women across Canada,” she said.
The motion points out that the law requires that organizers of any demonstration of 50 or more must first give their itinerary to the police at least eight hours before the march.
“Given that we’re talking about a demonstration that is going happen, how can one predict if there’ll be fewer than 50 people? This means that information must be given to police in all cases and the number 50 is nothing but a phony figure,” the motion says.
Also, is that figure of 50 to be applied at the beginning, during or end of the demonstration? the motion asks. “No one knows.”
Article 16 also gives the police the power to force organizers to change the itinerary, it says.
“Theoretically the police could force a demonstration planned for Parc Lafontaine that would go along Sherbrooke to Atwater to change that itinerary to St. Jean Baptiste in Pointe aux Trembles.”
Article 17 of the law requires organizers of demonstrations as well as student associations and federations to take “appropriate means” to see that the march conforms to the information provided to police under article 16.
The words “appropriate means” are too ambiguous, the motion says. What could student associations or federations, who are not organizers of a demonstration, do to ensure the route is reported to police ahead of time and then followed?
The second motion filed Friday asks for the entire law to be struck down because it violates both the Canadian Charter of Rights and Freedoms, as well as the Quebec Charter.
Among other things, it says the fines for not respecting the law are exorbitant and could instill enough fear that a person might avoid all demonstrations altogether.
The Supreme Court of Canada heard arguments for and against the operation of the downtown Vancouver heroin-injection facility known as “Insite” Thursday. The Conservatives oppose the operation of the site and are refusing to extend the exemption to the Criminal Code that prevents arrests at the East Side clinic. …more…
"Marburger: Let me be — let me make sure I understand your question. You don’t have an understanding of what a photocopying machine is?
Patterson: No. I want to make sure that I answer your question correctly.
Cavanagh: Dave, I’ll object to the tone of the question. You make it sound like it’s unbelievable to you that he wouldn’t know what the definition of a photocopy machine is.
Marburger: I didn’t ask him to define it. I asked him if he had any.
Patterson: When you say “photocopying machine,” what do you mean?”
“If I had been convicted of murder in the third degree in Pennsylvania, I would have been out in half the time I was in jail,” he said.
The Philadelphia Daily News characterizes the case this way: “H. Beatty Chadwick is either the most hardheaded lawyer in America or a poor sap who lost 14 years of his life to a money-grubbing ex-wife and cold-hearted judges.”