The Tender For Law

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ENGLISH is the international language of law and commerce. Knowing FRENCH is useful for understanding LEGAL ENGLISH, but FRENCH is not the international language of law and commerce, so we will ignore French speakers who speak to us in the language of a conquered people.

Non.

I understand that you are a proud Québécois, but the people here have nothing but contempt for you because of decades of transfer payments and NONE OF YOU understanding what Quebec sovereignty means. None of you know who Russell Rogers Smith is, and you're too proud and arrogant to teach. Just go away and be Retardier somewhere else.

Volume 4

Oct 10, 2013 2:41 PM

David Vilaca

Small victory, is no victory at all. This judgement is nothing but smoke. Sure she won the case but for what reasons. I believe this is the justice system doling out a small victory for the sake of looking good. Had this not made the media she would be in jail.

The judge rejected the charter arguments, but said that Tobias's memory and some conflicting testimony left him with reasonable doubt as to her intent at the time of the refusal.

Tobias's lawyer, Peter Rosenthal, had argued that forcing her to complete the census would violate her freedoms of conscience and free expression.

"He described our charter arguments as Hail Mary passes and he didn't catch it ...They were novel arguments but he found a more novel argument it seems in analyzing the [intent]."

This shit get my goat. The Lawyer and Justice are aligned by oath, the simple remedy was to invoke 794.2 and 15 of the C.C.C. Giving the mam lawful excuse. A judge would have provided remedy but there are no judges anymore. Just smoke and mirrors.

Census protester Audrey Tobias acquitted of not filing form

cbc.ca

An 89-year-old peace activist who refused to fill out the census because of its link to a U.S. military contractor is not guilty of violating the Statistics Act, a Toronto judge decided today.

Printed copy · Anthology Volume 3, page 547
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Read Comments 12

Shelagh McFarlane

How would this help her as the defendant? CCC 794(2): The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.

Printed copy · Anthology Volume 3, page 548
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David Vilaca

Shelagh McFarlane, can you see how this would create lawful excuse section 126. Who is the de facto head of canada? Keep in mind what 794.2 says "excuse or qualification prescribed by law operates in favour of the defendant is on the defendant" on the defendant not his council nor the prosecutor can bring this up in court.

Printed copy · Anthology Volume 3, page 549
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Printed copy from The Tender For Law Anthology, Volume 3, page 549 (printed 13 June 2014). Added by this site; not part of the Facebook export.

David Vilaca

Cornell University Press the De Facto Doctrine "In Canada, until a comparatively recent period, the de facto doctrine made no progress. It seemed to have been completely ignored at times, and a perusal of some of the Canadian reports compels one to wonder why in certain in certain cases it was not invoked by counsel or applied by the courts.

Printed copy · Anthology Volume 3, page 549
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 3, page 549 (printed 13 June 2014). Added by this site; not part of the Facebook export.
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