John Baglow vs Connie Fournier, Mark Fournier and Roger Smith: the ‘FULL TRIAL’, day 1, part 1

Today, Monday, March 24th, 2014, was the first day in the ‘FULL TRIAL’.

First, a few caveats:

*       My computer has died and I am sending it in for service:  this means I have borrowed equipment (my long suffering hubby’s tablet) and this is NOT the ‘ideal’ blogging medium under any plausible definition… so, instead of highlighting or bolding, I will have to capitalize for emphasis.  I am not shouting, just emphasizing  – my apologies.

*       Due to this really, really slow machine with none of ‘my stuff’ on it (and my limited access to it, as I get to ‘share’), I don’t have the quotes/links to previous/cited cases and so on.  I could get them, if I had the time online, but, currently, I do not.  I may – time and technology permitting – re-visit this post and insert quotes and/or links at a later date when time and internet access are more under my control.

*        Due to me being me – and a certified Aspie to boot – my observations are very, very limited.  They are limited both by my lack of legal training (my area of education is Physics, not Law) and my linguistics (while I may have beecome fluent in 5 languages by the age of 13, I have never mastered ‘legaleese’).  I cannot highlight it this mchine, so I cannot link:  please check out ‘Asperger’s on Wikipedia to understand my limitations in abilities to ‘get’ some of the nuances of what went on:  however, if you are ble to correct me or explain any of my observations more accurately than I, please, I TRULY BEG YOU:  COMMENT!!!  Help others get a better, more accurate picture of what is going on,  I would much rather be corrected than go on in ignorance at any time, on any topic, so, please help me and anyone else reading this get a more insightful picture of the situation, if you possibly can.

TLDR: this will be  a condensed, highly personal and highly imperfect account of my admittedly falliable observaions of this first day of the FULL TRIAL of this particular defamation case.  If you can correct me and/or are willing to add to it, please, do!  As I have borrowed and klunky tech, I cannot highlight or link or spellcheck – sorry…

Background:

Connie and Mark Fournier are the operators of Free Dominion, oldest and longest running political forum in Canada until it was sued into silence by Richard Warman.

Roger Smith, aka Peter O’Donnel (and not just online), is a member and frequent content supplier on Free Dominion and elsewhere on the blogosphere.

John Baglow, aka ‘Dr. Dawg’, aka ‘Ms. Mew’, is a guy who is a retired civil servant and unionist, a self-proclaimed leftist activist, an avid blogger, a Richard Warman groupie (imnho), and a guy with a pechant for black riding boots with the most adorable little silver trimmings.

Please note:  all my own dealings with either John Baglow or ‘Dr. Dawg’ have been very amicable and positive.  I have, in the past, asked him to get me in touch with another progressive blogger I have crossed swords with amicably in the past (I may hold many of the so called ‘progressive views’, but disagree with most of the so called ‘progressive metods’ of achieving them) and he had done so very quickly and courteously.  I was seeking some help/publicity for some Tibetan refugees to Canada and Mr. Baglow has provided it and been very nice to me throughout – and, by extension, to them.

I have found him to be pleasant and charming when ever I have interacted with him.  In fact, I find him quite charismatic.

And, I find it admirble that he has brought a young man I presume to be his step-son to the courthouse to observe civic cases:  it is imperative that we get the next genetration interested in our civics, and I give praise to all who do.  Kudos to him for that!!!

Yes, I bash when bashing is due, but I also give credit when that is due, too…so, please, don’t sue me!!!

This particuar ‘flame war’ started on the blog of Jay Curry and bled over to a number of online spots, including Free Dominion, where the 7-word phrase this courtcase is about was posted by Roger Smith.  I am afraid to report what those 7 offending words were, because from the Richard Warman legal precedent, if I, as a private person, publish the ‘public’ documents of what had been filed at court, I, too, might become liable for ‘re-publishing’ those ‘defamatory’ words.

Yes, it is a matter of ‘public record’.

And, yes, it is ‘factual reporting’ of a ‘public document’….or what was said on public record in a court of law and thus apart of ‘public record’…

BUT!!!

Afte the latest Warman vs. Free Dominion and John does decision, that is no defense:  if the factual record is, at some later point in time, found to be defamatory, the factually reporting on it on the internet is considered to be ‘re-publishing the defmatory statements’ and it would open me to liability.  So, my reporting of tody’s events will necessarily be highly constrained.

The subject of the ‘flame war’ was Omar Khadr, his inaccurate (as per UN’s definition) characterization by ‘Dr. Dawg’ as a ‘child soldier’ and the implications of willfully promulgating this demonstrably inaccurate legal description.  Peter O’Donnel’s opinions complied with the UN’s legal definition (thus leaving Omar Khadr outside of the protections UN grants to ‘child soldiers’) while Dr. Dawg attempted to draw the moral high ground by inaccurately describing the Taliban terorist as a ‘child soldier (in the legal, not colloquial, definition) and then demanded the legal protections for Omar Khadr that are only available to UN-defined ‘child soldiers’….a demostrable and rather glaring hypocrisy which ‘Peter O’Donnel’ pounced and opined upon.

In many online spots.

On Free dominion, he opined so in 7 words which I dare not repeat.

These 7 words that ‘Peter O’Donnel’ posted – and which, he asserts, are his honestly held opinon, shared by some 8 million Canadians (according to his opening statement), are the ‘basis’ of this lawsuit.

It was originally dismissed as a frivolous and a vexatious lawsuit. (And, I reported on it – oh, how I wish I could link!!!  The more I use it, the more I loathe this borrowe tech!!!)

Then, it was appealed – and several judges agreed that internet ‘flame wars’ were ‘legally uncharterred terrtory’ and that some ‘precednt-setting rulings’ need to be made here.  Just so us iternet folks would know where the actual boundaries lie…you know, so we could stay within the lines, the lines are your friends…..(OK, old commercial – but applicable!)

Thus, we have a ‘FULL TRIAL’

TLDR:  trial, ruling against Baglow (frivolous), but no legal rules for ‘internet flam war’ so FULL TRIAL to set ‘legal precedent’.  Baglow:  cute guy, charismatic and nice, wrong side of argument here.

OH, MY – OVER A K OF WORDS AND I HAVE NOT STARTED ON TODAY’S EVENTS YET…..deepest apologies, just trying to get the parameters in before I start today’s observations, as I honestly cannot afford to get sued…

FACTS:

These are the facts as posted outside the courtroom #24 at the Elgin St. Courthouse on the 24th of March, 2014:

Justice:          Polowin, J.

Plaintiff:        Baglow, John

Lawyer:          Burnet, Peter Francis

Defendant:     Smith, Roger

Unrepresented

                 Fournier, Connie

Lawyer:             Kulaszka, Barbara

                 Fournier, Mark

Lawyer:            Kulaszka, Barbara

Mr. John Baglow turned up as well groomed as ever:  a dark suit, a blue-collar shirt and them cute riding boots with the adorable silver trimmings he has become so well known for.  He knows what he looks good in and uses it well!

Connie Fournier wore a classy, slim-line dark skirt with a gray pattern, a pretty blouse with a multi-red abstract pattern and a red blazer that accented the blouse perfectly – with an understated, classy gold/gold-tone diamond/rhinestone necklace (sorry – I am not knowledge-able enough to tell the two apart…it was ‘understated’ and ‘classy’ at the same time and I wish I could pull a similar look off….Connie looked smart and classy and – well, we have words for women like that!!!).

Roger Smith wore a blue blazer and khakis – understated, yet elegant.  With his silver-kissed hair, he was easily the most attractive person in the courtroom.

The charismatic Mark Fournier wore a tweed jacket and slacks and, despite his bigger-than-life persona, tried his best to stay in the background.

In addition to the people listed above, the Canadian Civil Liberties Association were interveners in this case – as friends of the court – on the side of the defendants.  The lawyer sent to represent them was a young man named Steven Frankel – and while he had a wedding ring on the ring finger of his left hand, he looked younger than either of my sons.  OK – I officially feel old now….but, when he spoke, he sounded really, really smart!

And, of course, the judge…

Madam Justice Polowin, J., presided over the case.

She looked sharp, with her pale hair cut short-ish, slicked back at the temples and wonderfully fluffy on top, she wore understated light stud earrings (pearls?) and her judge’s robes flowed playfully about her slight frame.  She self-admitted to being a luddite (knowing how to send and receive emails – but nothing else on the internet) and asked for every bit to be explained, internet technology and jargon and culture included.

I see now that it is way late, and I plan to be back in court to observe tomorrow – so I must suspend my narrative here.  Let me just state that, at the end of the day, Madam Justice Polowin stated (at the end of the day) that even though the trial had been scheduled for Monday-Tuesday-Wednesday, she sees no way they’ll get through it all (while doing a proper and thorough job of examining the underlying issues, as the appellate court had directed) by the end of this week and so participants ought to alter their travel plans accordingly…

MORE LATER!!!!!!

 

 

 

 

 

 

 

 

Freedom of Speech: still under fire

As Ezra Levant reminds us, freedom of speech is under fire all over the world.  He recently raised the case in Spain, where an ex-Muslim is being threatened with deportation to Pakistan, where he will most certainly face death for blasphemy.

But, it is not only something that happens in the illiberal European Union:  freedom of speech is under fire, right here, in Canada’s capital:

Next week, the 24th, 25th and 26th of March, 2014, Mark and Connie Fournier of the formerly ‘Free Dominion’ (currently ‘Censored-Out-Of-Existence Dominion’), will be back in court, fighting to protect our freedom of speech on the internet.

It is, indeed, the continuation of the ‘Dr. Dawg case’ which had been summarily dismissed in a ruling where the judge was incredulous that Dr. Dawg was willing to admit – in court – to having conducted himself as foolishly as he had.  At least, that is my highly imperfect understanding of that ruling.

Aside:

While I have observed the various legal opponents of the Fourniers’ in court, and have found many of them to lack charisma, I cannot say this of Dr. Dawg.  He may be dead wrong on this issue (in my never-humble-opinion), but, he is a charming guy with a disarming smile.  And, he is always meticulously turned out:  not stuffy, but striking and he takes great pride in his always polished and tidy riding boots. (The ones with the adorable silver trimmings – I’ll be sure to let you know if he wears them in court next week….and they are ‘riding boots’, not ‘cowboy boots’, as I have erroneously reported in the past.  I know, because Dr. Dawg was kind enough to send me the link to them, so that I would make the necessary correction – which, of course, I am more than happy to make.  So, to be sure – they are ‘riding boots’, not ‘cowboy boots’ – and they always look polished and well groomed!)

And, sometimes, Dr. Dawg wears hats – I am very partial to hats!  Did I mention the most awesome steampunk hat my son got over the March break?  Hats get the thumbs-up from me!

Plus, Dr. Dawg had brought a young man (whom I presume to be his step-son) to court to observe some of the non-Dr. Dawg related cases:  this, I truly respect because as a parent myself, I really appreciate the importance of teaching civics lessons to our young people.  So, kudos to him for that – even if I disagree with this particular case of his or his politics in general.  After all, it is our duty to teach our young ones to respect the process – and think for themselves:  the rest is up to them!

But, enough of my ranting…refocusing:

Even though the ruling was for the Fourniers and Peter O’Donnel, a frequent poster at Free Dominion, the court of appeals overturned the summary dismissal.  I am sure there were very sound legal reasons for this, but, to my untrained mind and ‘farmer’s wisdom’ (the best, yet clumsy, translation of my dad’s favourite expression – implying ‘layman’s comprehension’ as my father was not a farmer and not even a gardener (this early pioneer in AI’s outdoor activities during my formative years being exclusively limited to tennis and windsurfing), and thus his comprehension of the ways of farmers and acquisition of any actual ‘farmer’s wisdom’ was quite literally non-existent – I’ve never even seen him mow a lawn…not even once!), it sounded like a bunch of hypothetical judges thought:  “Wow, one of them new-fangled ‘internet cases’ – here’s our one and perhaps only chance to make a ruling that will go into the textbooks – so, let’s prolong it as long as possible, because, after all, we are getting paid to do this:  the poor schmucks in front of us have to pick up the bill!”

OK, perhaps I am overly cynical, but that is what it sounds like to me and my legally untrained mind…

But, regardless of the reasons, the Fourniers will be in an Ottawa court room (Elgin St. Court house, for those wishing to pop by and support either side, or just curious about the ways of our justice system) and, health permitting, I will be there to report on it, to the best of my highly limited abilities!

P.S.  Omar Khadr is not, according to the United Nations own definition, a ‘Child Soldier’ – and anyone who claims otherwise is a snotling fondler and a silly-bunny to boot!!!

Slow blogging

This  week, until about Wednesday nex week, I am on a family getaway.

While I planned to blog all along (lik mentioning that yesterday, in Pi-day, the Exploratorium had free admission and was uber fun), my new computer  chose this time to stop working…so, not only am I away from the everyday, I can only sneak online in few tiny snippets…

Consequently, blogging will continue to be light for the next severall days!

 

Thunderf00t: Which will freeze first in LIQUID NITROGEN, Digital or clockwork?

 

Freedom School 2014: Valerie Price

On January 31st/February 1st 2014, the Freedom School conference was held in Edmonton, Canada.

My friend Valerie Price had been on the same panel focusing on Political Correctness as I was.

Here is her speech:

 

Caspian Reports: Venezuela’s protests explained

Blogging will be light…

Will be in transit for the next 36 or so hours – thus, no internet….my apologies!

Thunderf00t: Freezing your hand in LIQUID NITROGEN, how long?

Does facial hair define a teacher?

In a country that prides itself on its tradition of freedom, an employer – a schoolboard, none-the-less – took it upon itself to tell its employees how long their facial hair may or may not be.

Really!

Now, I personally think ZZ Top would make better teachers than most teachers, and their beards are considerable, but I am not the Philadelphia School District.  Those govenrment bureaucrat fascists thought it was OK to tell their employees how long a beard they may or may not have (regardless of the reasons).

Can you believe that regulatory over-reach?  Outrageous!!!

This article takes a look at this from a ‘freedom of religion’ point of view, which, in my never-humble-opinion, is a fundamental error:  the reason for how a person chooses to grow and/or groom their hair (facial or otherwise) should only become an issue if physical safety is an issue (machinery, etc, which may require long hair be confined in a net, and so on, or requiring no hair for ID purposes) – otherwise, it is none of the employer’s business, when that employer is the government.

Thoughts?

 

The Truth About Abraham Lincoln

Stefan Molyneux has done a series of these ‘the truth about…’:  they are a bit long, but very informative.  So, next time you’ll be doing some house chores, put it on full blast and listen!