Time to overhaul justice with a strong case (Feb/March 2015)

Tom-Black

Tom Black

Justice! When we think of the word justice, most of us have visions of an all knowing magistrate sitting in the big chair wielding the big gavel and proclaiming a verdict that has been thrashed out in the court room by truly honourable lawyers on both sides. This picture of course is a little naïve and highly idealistic in its assumption.

media outlets, questioning the somewhat inconclusive evidence the CFIA used to kill these sheep. The result of the media pondering, was that the Crown, Mr. Frost, calling for a special court day to have the judge slap a gag order on all the proceedings.

Now from where I sit, that does not look like justice! Gag orders are meant to protect. After having sat through some not so reverent court room displays, this old, naïve, trusting, gullible, country boy has noticed that the scales of justice seem to be a little tarnished or maybe even rusted into a solid piece of scrap iron that one may find on the sea floor. We have now seen many good, honest landowners standing up to have their cases heard in JP court, only to have their case and its common- “…the scales of justice seem to be a little tarnished or maybe even rusted into a solid piece of scrap iron that one may find on the sea floor.“the accused, so that the case doesn’t get tried in the public forum, making it hard to find a jury that hasn’t already been prejudiced. Gag orders were not meant to let the government agencies out from under the light. Government agencies are supposed to be open and transparent and their actions should be scrutinized by the public to protect us all from the potential of human failings. By using the courts law, common sense thrown in their face by a JP who has been appointed as a political favour of some sort. These JP’s don’t have to have any law training, and can be a dentist, an accountant, a clerk, or a banker or even a former politician. So therefore we should not be surprised if at the end of the hearing, we get a JP ruling exactly opposite to what seems to be, common sense.

OK. So let’s go to the superior court so we can get real justice. I was called to testify lately in the case of the disappearing sheep from the Montana Jones farm near Campbellford, ON. Ms. Jones and others have been charged with moving sheep that the Canadian Food Inspection Agency (CFIA) had deemed to have scrapies and thus, by moving them, had committed a criminal act. Ms. Jones contended that CFIA had not proven that they were infected and therefore should not be killed. After the first couple of days of pre-trial, Defense lawyer Buckley sent a letter to the Crown, lamenting the lack of cooperation by the CFIA and the crown in releasing complete disclosure of internal CFIA documents. This letter got into the media and was written about in several to shut the door on public scrutiny, the CFIA makes themselves look guilty of something and by granting the gag order, the judge has diminished the credibility of justice, once again.

From a 1924 English court case, the quote, “not only must justice be done; it must also be seen to be done”, comes to mind.

whats-inside-february-march-2015

Landowner-Magazine-Digital-Banner-Interactive

Readers Comments


Add Your Comment

Your email address will not be published. Required fields are marked *

*

Got Yours?

Recommended Resources

Time to overhaul justice with a strong case (Feb/March 2015)

Tom-Black

Tom Black

Justice! When we think of the word justice, most of us have visions of an all knowing magistrate sitting in the big chair wielding the big gavel and proclaiming a verdict that has been thrashed out in the court room by truly honourable lawyers on both sides. This picture of course is a little naïve and highly idealistic in its assumption.

media outlets, questioning the somewhat inconclusive evidence the CFIA used to kill these sheep. The result of the media pondering, was that the Crown, Mr. Frost, calling for a special court day to have the judge slap a gag order on all the proceedings.

Now from where I sit, that does not look like justice! Gag orders are meant to protect. After having sat through some not so reverent court room displays, this old, naïve, trusting, gullible, country boy has noticed that the scales of justice seem to be a little tarnished or maybe even rusted into a solid piece of scrap iron that one may find on the sea floor. We have now seen many good, honest landowners standing up to have their cases heard in JP court, only to have their case and its common- “…the scales of justice seem to be a little tarnished or maybe even rusted into a solid piece of scrap iron that one may find on the sea floor.“the accused, so that the case doesn’t get tried in the public forum, making it hard to find a jury that hasn’t already been prejudiced. Gag orders were not meant to let the government agencies out from under the light. Government agencies are supposed to be open and transparent and their actions should be scrutinized by the public to protect us all from the potential of human failings. By using the courts law, common sense thrown in their face by a JP who has been appointed as a political favour of some sort. These JP’s don’t have to have any law training, and can be a dentist, an accountant, a clerk, or a banker or even a former politician. So therefore we should not be surprised if at the end of the hearing, we get a JP ruling exactly opposite to what seems to be, common sense.

OK. So let’s go to the superior court so we can get real justice. I was called to testify lately in the case of the disappearing sheep from the Montana Jones farm near Campbellford, ON. Ms. Jones and others have been charged with moving sheep that the Canadian Food Inspection Agency (CFIA) had deemed to have scrapies and thus, by moving them, had committed a criminal act. Ms. Jones contended that CFIA had not proven that they were infected and therefore should not be killed. After the first couple of days of pre-trial, Defense lawyer Buckley sent a letter to the Crown, lamenting the lack of cooperation by the CFIA and the crown in releasing complete disclosure of internal CFIA documents. This letter got into the media and was written about in several to shut the door on public scrutiny, the CFIA makes themselves look guilty of something and by granting the gag order, the judge has diminished the credibility of justice, once again.

From a 1924 English court case, the quote, “not only must justice be done; it must also be seen to be done”, comes to mind.

whats-inside-february-march-2015

Landowner-Magazine-Digital-Banner-Interactive

backtotop