Comments on: Astonishing upset in Warman v Lemire http://www.barrelstrength.com/2009/09/02/astonishing-upset-in-warman-v-lemire/ Over Proof Opinion, Smoothly Aged Insight Mon, 15 Mar 2010 13:46:46 -0400 http://wordpress.org/?v=2.8.6 hourly 1 By: Today’s Lynch List « The Lynch Mob http://www.barrelstrength.com/2009/09/02/astonishing-upset-in-warman-v-lemire/comment-page-1/#comment-2145 Today’s Lynch List « The Lynch Mob Sat, 05 Sep 2009 03:21:26 +0000 http://www.barrelstrength.com/?p=1768#comment-2145 [...] Barrel Strength: Astonishing upset in Warman v Lemire [...] [...] Barrel Strength: Astonishing upset in Warman v Lemire [...]

]]> By: Jay Currie http://www.barrelstrength.com/2009/09/02/astonishing-upset-in-warman-v-lemire/comment-page-1/#comment-2141 Jay Currie Fri, 04 Sep 2009 05:18:32 +0000 http://www.barrelstrength.com/?p=1768#comment-2141 Great analysis. My sense is that Hadjis wrote an opinion which was designed to give the SCC - when this gets there - a road map to distinguish <i>Taylor</i>. He realizes that the conduct of the CHRC and its chief complainant has become adversarial rather than "The provision can no longer be considered exclusively remedial, preventative and conciliatory in nature, which was at the core of the Court’s finding in <i>Taylor</i>. The new penalty is part of it; but the egregious conduct of the Commission over a decade and a half is a huge factor. S. 13 is dead...The CPC should do the right thing and bury it. Great analysis. My sense is that Hadjis wrote an opinion which was designed to give the SCC – when this gets there – a road map to distinguish Taylor.

He realizes that the conduct of the CHRC and its chief complainant has become adversarial rather than “The provision can no longer be considered exclusively remedial, preventative and conciliatory in nature, which was at the core of the Court’s finding in Taylor.

The new penalty is part of it; but the egregious conduct of the Commission over a decade and a half is a huge factor.

S. 13 is dead…The CPC should do the right thing and bury it.

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