Some litigants are more equal than others;
A judge urged De Beers Canada Monday to “think twice” before launching lawsuits against demonstrators who blockaded the ice road leading to the company’s Victor diamond mine.
Superior Court Judge Robert Riopelle gave the caution to De Beers lawyer Neal Smitheman when he asked about opportunities to determine costs and file for damages.
And somehow, he’ll remain on the bench.
Assuming that DeBeers did actually sue the First Nations folks and that they were to win, who do you suppose would end up paying for the lawsuit. Go ahead! Guess! Come on, you can guess! It’s not hard. You and me.
So, we lose either way.
Indeed!
I don’t want anymore than you do to contribute to paying, but it would certainly be unjust if Debeers was barred any redress because the funds with which the band might pay damages come from someone else. That someone else – the Canadian body politic – does nobody any good, and some much harm, by not allowing and/or not requiring aboriginals to be responsible for themselves.
Would it be considered racist if deBeers subtracted their damages, from future gifts to the community.
De Beers should sue for damages. They should also consider suing the cops who won’t enforce a court order.
That’s a nice diamond mine you got there, be a shame if someone interfered with it and you lost money.
I also wonder when it was that judges started giving advice? Do they all think they are Judge Judy now?
De Beers? DeBeers? Aren’t they South African? Do they not know how to deal with idiot protesters? And idiot “judges”? And where are the Idle No More clowns?
Too bad. The very first rule of government thousands of years ago was to keep open and maintain the King’s Highway. If government allows a highway to be blocked and does nothing to remedy the situation then government (us) deserves to be penalized. De Beers has the right of transit just the same as any person. It pays its taxes just as any person.
Joey is right. De Beers should sue everything in sight.
Dwayne is right as well. Such a statement from the bench should be grounds for appeal. If he feels strongly about the blockaders’ position he should have recused himself.
The real villains here are the gutless politicians and the politically correct OPP. As noted above, lawsuits make lawyers happy and only punish taxpayers.
I simply cannot believe that a judge in a supposed first-world country would say something like that.
We are on a very slippery slope….
Peter, exactly. I wonder why De Beers did not sue the Ontario government or at least name them in the suit? Either way we lose because the spineless politicians will not enforce the laws.
take it out of the police budget they can’t (really won’t) do their jobs when it comes to certain disadvantaged groups. So sc@w them instead of us.
I am more then tired of paying for glorified clean up crews and mere observers of tantrums gone amuck.
Aside from the obvious, that de Beers can’t control which province or country the diamonds are found buried under, they surely must regret investing in Ontario by now.
Shakedown!
When wanting to know how poorly you’re going to fare in front of a canadian judge, always look for the political connections these folks have made on their way up… He was famous, in Timmons! as a real estate lawyer. You know how the Timmons real estate market is on the leading edge of canadian commerce, Now, he’s gone straight to the Ontario Supreme Court. It makes more sense, if you’re a Liberal. What is it that maz2 at SDA always says about Liberals? 😉
http://www.ottawamenscentre.com/news/20050730_riopelle.htm
The OPP behaviour toward native protesters is consistent. Therefore one must suspect it is ordered from above, seeing as how this is three or four OPP commissioners now with the same policy. Who’s above an OPP commissioner in the provincial food chain?
When you look back over the years of Liberal rule in Ontario, and the way they’ve handled these idiot protesters every single time, it really makes one wonder if there’s money involved. Why else would the Ontario Liberal party incur the wrath of pretty much all of rural Ontario and a giant like DeBeers, if there wasn’t money flowing to them from some source?
So my question is, who has more money and influence than DeBeers and is hooked in with the Indians? And what are they getting from the Liberals besides OPP cooperation?
Questions we will never hear asked anywhere but blogs.
Former Timmons real estate lawyer, failed Liberal Party candidate, and now Ontario Supreme Court Judge, “Your Honor”
see the connection?
“Superior Court” uff.
I wonder if any of our “leaders” comprehend the damage their corruption is doing to their personal survival?
The only thing protecting the criminally stupid in Canada, is the Just-us system and their paid gangs of the police.
What happens to these people when civility collapses?
THey have already told us, we are criminals in their eyes, defence of property and life is criminal behaviour.
Theft and assault are supported by the courts.
Enforcement of the law, is flexible and dependent upon who you are.
I pay more for these morons than any benefit I accrue.
Civilization as it exists is no longer of net benefit to me.
Don’t forget, Chief Escalade hasa a $9 million investment fund, for who knows what. Don’t fell too sorry for Ol three chins
The judge’s remarks are utterly out of line.
What has me more concerned is the fact that by virtue of federal transfer payments, the costs of bad government (inaction by the OPP or caving to student demonstrators in Quebec demanding increased subsidies for their education for instance) can be fobbed off onto other jurisdictions/taxpayers within the country. The upshot is that Ontarians and Quebecers fail to pay the true price for their political/voting decisions wether that be the increased taxes required to further subsidize junk post-secondary education or the loss of tax revenue arising from creating a hostile business climate. End the transfer payments and citizens are more likely to start demanding more responsible government behavior since the costs of irresponsible behavior will come home to roost.
TJ writes: “I simply cannot believe that a judge in a supposed first-world country would say something like that.” Then you need to get out more; it’s hard to believe that you’d find a judge in this country (or many others) who would say anything else.
One of the reasons is that suggested by marc in calgary: “Former Timmons real estate lawyer, failed Liberal Party candidate, and now Ontario Supreme Court Judge, “Your Honor”
It has always seemed to me that when Canadians sniff at the American practice (in many states) of electing judges, the Americans can at least point out that their judges got more votes than their Canadian counterparts.
I filed a small claims suit in the Palm Beach county court against Robin Smith, who is a Delray Beach policeman, in 2002. I had been renting an apartment from him in Wellington and he refused to return my security deposit when I moved out. This lawsuit had nothing to do with his job as a policeman.
The judge presiding was Charles Burton. At the preliminary hearing, Officer Smith showed up in his police uniform and carrying his gun. Judge Burton allowed Office Smith to present evidence but I was not allowed to do so. I was also not allowed to see the evidence that Office Smith showed to Judge Burton.
Judge Burton then asked us if we would like to go to arbitration. We both responded yes. The judge then asked Smith “Officer do you have your gun with you?” Smith responded yes. Judge Burton then said “Be sure to twirl your gun around during the arbitration”.