SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Canadian Political Free-for-All

 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: Lino... who wrote (2786)6/28/2003 9:59:28 AM
From: DeplorableIrredeemableRedneck  Read Replies (1) of 37788
 
Gotta love this judge!:

B.C. court turns down Martin's bid for stay


By MARK HUME
From Saturday's Globe and Mail

VANCOUVER — Calling Paul Martin an ''obscure MP,'' a British Columbia Court of Appeal judge rejected an application yesterday for a stay of proceedings in a case that could lead to a clash between the courts and Parliament.

"We're all quite aware he might be Canada's next prime minister, but as far as I'm concerned he's some obscure MP. . . from some obscure place called Ontario," Madam Justice Mary Southin said, describing how the law sees Mr. Martin.

She made the comment after Mr. Martin's lawyer said his client did not appear at an examination for discovery because he has parliamentary privilege for 40 days on either side of a session.

"He acquires no special privilege . . . because he may be the next prime minister. He gets nothing from that. . . . This is no different if a member of Parliament here is sued for divorce and his wife wants to examine him for discovery," Judge Southin said.

Yesterday's decision by the court is the latest in a series of defeats for Mr. Martin, whose lawyers have been fighting to keep him out of court in a damage suit filed by Ainsworth Lumber Co. Ltd. The B.C.-based forest company had earlier won a $26-million tax case against the government by successfully arguing that while Mr. Martin was minister of finance he unfairly deprived the company of a special tax credit.

Michael Ciavaglia, a Department of Justice lawyer, was applying for a stay of an earlier court ruling that rejected Mr. Martin's claim to parliamentary privilege and referred the matter back to a trial judge. He wanted the stay so he could take the issue to the Supreme Court of Canada.

The Court of Appeal has now cleared the way for the lower court to either order Mr. Martin to testify or to strike down his statement of defence because he failed to appear for examination.
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext