Eric Brazeau for Free Speech!

Eric Brazeau is Canada’s honest to goodness political prisoner.

Yes, he is out on bail while he is awaiting his appeal.

If you have been following his story, he was arrested last July for having had a politically incorrect conversation on the Subway in Toronto.  Yes, the subject was indeed Islam…

One of the other passengers had pulled the emergency brake on the train, in between stations, because, well, when somebody is being politically incorrect – what else can you possibly do?

The transit cops gave chase and pursued Eric for a long time before finally arresting him, handing him to the real cops and having him thrown into jail.

Where he was denied bail and awaited his trial in jail.

Yes, violent criminals and drug dealers are routinely granted bail prior to trial, but their actions were deemed to be much less dangerous than Eric’s politically incorrect speech.  No violence, no threats, no intimidation – just straight forward statement of his deeply and honestly held beliefs.

His trial in January was a farce:  the judge seemed more interested in sound bites than justice, with his ‘you had a ticket to ride, not a pass to harass’ pronouncement…

Finally in April, he was granted bail till his appeal comes up.

Which is awesome, but…

We live in a country with a common law legal system.

This means that each and every case sets a precedent which is binding on judges in all subsequent cases.

What this means is that if anyone charged with an offence for something they have said – whether we like them or not, whether we agree with their opinions or not – comes before the courts with a lousy lawyer and they loose their case, the freedom of speech of each and every one of us in Canada, US, Britain, Australia and other common law countries, our freedom of speech will now be restricted because of the unfavourable outcome in this one trial.

So, regardless of who is charged and for what, if it is a freedom of speech issue and they lose their case – each and every one of us loses along with them.

Which is why we have to make sure that for his appeal, Eric can actually afford a competent lawyer.

And this is how we can do it:  his appeal fundraiser is here.

Please, do consider a donation – for freedom’s sake!

Dr. Baglow vs Freedom of Speech: September 16, 2014 part 1

This is a continuation of a prolonged court, the earlier bits of which are here:  Day 1 part 1 and part 2 , Day 2Day 3 and Day 4 part 1 and part 2 of this trial were covered in March, 2014 (write-ups by me at links).  Day 5 is more or less covered by days 6 and 7.…  Day 6 is here.  Day 7 part 1 is here – sorry about having had to chop this up into short little bits, it seems my original write up was too long for WordPress to format correctly… part 2 is here.

Dr. Baglow’s impression of my coverage of the court hearings, as per Twitter, is here.

September 15th, 2014 account is here.  Roger Smith presented his side of the story (defense) and was cross examined.

September 16th, 2014, was the second day of the trial phase where the defense gets to present their case.  Today was the day that, as Minister Jason Kenney referred to her, ‘the famous Connie Fournier’ took her place on the stand.

I got to the courthouse nice and early.  There was quite a commotion in front of the Courthouse – but for all the wrong reasons…  Instead of focusing on this historic case, which will affect every single Canadian’s internet presence, the media was all in a tizzy because of some doofus senator

Having made my way past the hoards of reporters and cameras positioned in front of the courthouse (as all cameras are banned not just in the courtrooms, but everywhere within the courthouse) and waited with baited breath, in front of Courtroom #20 at the Elgin Street Courthouse in Ottawa.

I was rather taken aback by the unusually large group of people also waiting in front of Courtroom #20… I was sure Madam Justice Polowin would try to stay in the same courtroom, but these people looked unrelated to this case.  At 9 am, they all filed into the courtroom – much to my bewilderment (yes it does not take much to bewilder me….).

It turns out that Madame Justice Polowin also had this child custody case that needed to be heard and she had scheduled it before the Baglow vs. Freedom of Speech case I was there to cover…  You have to admire a judge that will juggle multiple cases at once:  it may not look so on the surface, but, in order to ‘do justice’ to a case (if you will excuse the turn of phrase), a judge has to read TONS of paper (almost literally!)….and to be up to speed on multiple cases at once would require such a sharp focus that I must admit I am awed by judges who make it look effortless.

(And – make no mistake – Madam Justice Polowin takes copious notes, more so than any other judge I have seen, and she is totally on top of ‘stuff’!!!)

By 10 am, the earlier case people had filed out of the courtroom and we all filed in – with the judge still sitting at the top of the room. And she looked ready for the day!!!

Dr. Baglow had exchanged his blue shirt for a cream one – otherwise, he either has multiples of the same dashing black suit or he wore the same one as yesterday.  He also wore his signature black riding boots with the adorable silver trimmings – and, for the record, they were spotless and shining!

The ever-charismatic Mark Fournier, who had worn a cream shirt with yesterday, had  exchanged it for a blue one – but much darker one than Dr. Baglow had worn yesterday. Ok, ok, I am a sucker for patterns…but it did not look like the two had swapped shirts!

Roger Smith had exchanged his shirt for a green one, otherwise he looked  the same as his dashing, distinguished and elegant self as yesterday…

The lawyers looked their ‘selves’ – in their lawyer robes and black shoes to match…difficult to write up their fashion sense since they have to wear these traditional outfits which make them look the same day after day….

Now let me get to the star of the day – and I do mean star!!!

Connie Fournier wore a very flattering dress:  power red, textured knit, with cap sleeves…fitted through her bust through to her narrow waist (accentuated by a thin, shiny black belt) and with a playful ‘twirl’ bit at the bottom, which was just below her knees. Her outfit was perfected by her perfect black pumps – not too high, but high enough….the heel being not too thick, neither a ‘slutty thin’…  She looked perfect – a force of nature!!!

(OK – I wex a bit poetic here….but, if Connie had had a professional ‘dresser’ or ‘stylist’, they could not have done a better job of turning her out for court today!)

[IF I were to characterize the defense team, Connie Fournier would be Roger Daltrey, Roger Smith would be Pete Townshend, Mark Fournier would be Keith Moon and Barbara Kulaszka would be John Entwistle…just saying...]

As well-dressed as she was for the court, Connie Fournier’s mind was in even better a shape or state of readiness…  But, that is Connie!!!  No matter what situation life hurls her into, she is there, ready, brilliant – and smiling to boot!  There are very few people on this Earth whom I admire as much as I admire Connie Fournier!

The day started out with Connie Fournier on the witness stand, testifying to her own defense.

I was there for much – but not all – of Connie’s testimony – and I had to leave before the cross examination started:  my apologies to you, my readers, but I am not a lawyer or paid to report on things, and my other-life-pressures have put a limit on the time I can spend in the courtroom…  I just wish there were other people, better versed in legal matters, who could/would report on this momentous case….but, alas, there seems to be a dearth of them, so you, my dear readers, are stuck with my limited and incomplete observations.  My apologies go to you!

Connie had testified to many of the things we had heard in the courtroom before – but presenting them from her unique and informed point of view.

For example, it seemed funny to me just how Dr. Baglow seemed to shrink in his seat as she testified about the many and various instances where Dr. Baglow, using his Dr. Dawg personna, smeared Connie Fournier as a ‘white supremacist’ and a Nazi sympathizer – all the while as Connie Fournier’s metis husband was sitting in the spectator section of the courtroom…because, them ‘far right’ ‘white-supremacists’ and ‘Neo-Nazis’ go out of their way to marry people with a Native-Canadian background!!!

(Ok, I may be a ‘danged’ immigrant myself, but, through my hubby, my children share in the Ojibwe bloodline, so I am particularly sensitive to this issue….)

Let me just stress that I am convinced Ms. Fournier is neither a ‘white supremacist’, nor a ‘Neo-Nazi’:  not ‘just’ because she is married to a man who is a metis, but also because her father is an evangelical minister and she takes her Christian roots very seriously – including the ‘love thy neighbour’ and ‘all human lives are sacred’ bits.  I’m just waiting for the so-called ‘progressives’ to try to pain Mark Fournier as ‘a white metis’….

…more coming soon…

 

September 18th, 2014  – the day of the expert testimony Part 1 is here.

Courts: The Obviousness of Anarchy

While I am not an anarchist, I do find that listening to their points of view is, at times, thought-provoking.

Enjoy!

 

Pat Condell: Message to offended Muslims

Daniel Hannan: Anomalous common law

 

Daniel Hannan: Common Law, not EU Law

Indeed!

Dan Hannan: Common law, not EU law

This is something very important – something we do not pay sufficient attention to:  common law.

It is the basis of our freedoms:  the legislature with all its lawmakers are not the source of our rights and freedoms – they do not grant them to us from above.  Rather, core rights and freedoms are something we are born with, not something that comes from the state.

Yes, we recognize that in order to co-exist with others, we may agree to put some restrictions on our freedoms:  that is the role of our elected representatives.

In common law, there is the explicit recognition that rights come from within each individual and that governments – all governments – are there to restrict these freedoms.  The less (smaller) the government, the fewer restrictions on our rights and the more free we will be.  The bigger th government, the more restrictions and the fewer freedoms….

This is a philosophy which views each human being as an individual, full of potential and free to fulfill this potential or not.

It is in sharp contrast to the view that every person is born as a cog in a machine, a member of a society which has the ultimate power over her or him.  Under this philosophy, it is the society which is the source of right in as much as it permits each member of the society to fulfil a role it deems most beneficial for the society.  In this type of a set up, one only has the options that the society opens for them, no freedoms to choose things or actions outside of what the group would benefit from.  This is called the civil law…

We must never forget the distinction between the two – and we must never give up our heritage of freedom for the gilded cage of civil law.

Just last night, I was reading to my son a 19th century traveller’s description of the Magna Carta Island – and the writer had permitted his imagination to float back across the centuries to that unforgettable June morning in 1215 when King John was brought there and forced to acknowledge this principle – already old then, but in danger of being eroded…

Sure, the Magna Carta is an imperfect document – as all human products are.  But, it is the source of – and vastly superior to – all further re-tellings of it, from the US Constitution to the Canadian one, and so on.  Along the way, the documents have become more and more cumbersome and less and less perfected…so we can trace just how much of our birthright we are permitting ourselves to give up in order to live in ‘civilized’ society.

But, do not lose heart!

Precisely because from Magna Carta on, all these documents are mere affirmations of our pre-existing rights, it is our rights that are supreme should there ever be a disagreement.  Precisely because it was the rights that were pre-existing!

Now, if we could only have judges who see it as clearly as this!