#British Columbia Supreme Court

[allthecanadianpolitics]

A British Columbia lawyer alleged to have submitted bogus case law “hallucinated” by an AI chatbot is now facing both an investigation from the Law Society of B.C. and potential financial consequences.

Earlier this month, it was revealed that lawyer Chong Ke allegedly used ChatGPT to prepare legal briefs in a family law case at B.C. Supreme Court.

In reviewing the submissions, lawyers for the opposing side discovered that some of the cases cited in the briefs did not, in fact, exist.

Those lawyers are now suing Ke for special costs in the case.

Full article

Tagging: @politicsofcanada

#cdnpoli #canada #canadian politics #canadian news #canadian #british columbia #BC #law society of BC #Chong Ke #AI #chatgpt #law #legal #legal system #BC supreme court

[coochiequeens]

The Canadian government wasn't confused about the term Woman before 1918. (That’s when Canadian women won their fight for the vote)

By Anna Slatz March 13, 2024

The Supreme Court of Canada has asserted that a lower court judge should not have referred to a sexual assault victim as “a woman,” a term which they claim was “unfortunate and engendered confusion.” The ruling, published on March 8, goes on to imply that the more effective term would be “person with a vagina.”

The case being discussed was that of Christopher James Kruk, a man from Maple Ridge, British Columbia who had been convicted of sexually assaulting a woman in 2020. According to past news coverage of the initial charges, the incident occurred the night of May 26, 2017, after Kruk encountered a heavily intoxicated woman in the city’s urban center. Kruk reportedly offered to ensure the woman got home safely, and then brought her to his residence via the SkyTrain and a taxi.

At some point during the journey, he called the woman’s mother on his cellphone to let her know that he was going to bring her daughter home. But instead, the woman reportedly passed out or fell asleep at Kruk’s home. Meanwhile, her mother was frantically calling Kruk, ringing him more than 20 times over an almost two-hour period without any response from the man.

The victim testified at the first trial that she woke up to find Kruk penetrating her, and that she tried and failed to push him off through her disorientation.

At around 4 a.m., many hours after Kruk had initially called her mother and told her she would be brought home, the woman’s father and brother managed to track down Kruk’s address using information from taxi cab drivers, and arrived in his neighborhood. When the woman heard her father’s voice calling out for her from the street, the woman rushed out the door wearing only her sweatshirt and underwear. She told her brother she had been raped, and filed a police complaint.

In his defense, Kruk claimed he never penetrated the woman, and that she had simply become startled when he had tried to wake her up, misinterpreting the sudden sensation as rape. He also claimed her pants were off because she had spilled water on them and that she had removed them herself while intoxicated earlier that evening.

Finding Kruk’s defense “fanciful,” Justice Michael Tammen found Kruk guilty of sexual assault in 2020, in part because he asserted that it would have been “extremely unlikely that a woman would be mistaken” about the feeling of penile penetration.

But a 2022 appeals court overruled Kruk’s conviction and ordered a new trial, arguing that Tammen had “engaged in speculative reasoning” and “made an assumption on a matter that was not so well known as to be notorious, that was not capable of immediate and accurate proof by resort to a readily accessible source of indisputable accuracy, or that was a matter of common sense.”

The Supreme Court of Canada has now found the appeals court erred in overturning Tammen’s conviction of Kruk, determining that Tammen had acted appropriately in the case. But despite upholding Tammen’s initial arguments, Justice Sheilah Martin took issue with Tammen’s description of the victim as “a woman.”

While she disagreed with the appeals court’s argument that Tammen’s ruling relied on “speculation” as to whether the sensation of penile penetration was readily identifiable, Martin did imply that the terminology needed to be changed.

“Where a person with a vagina testifies credibly and with certainty that they felt penile‑vaginal penetration, a trial judge must be entitled to conclude that they are unlikely to be mistaken,” Martin wrote.

“While the choice of the trial judge to use the words ‘a woman’ may have been unfortunate and engendered confusion, in context, it is clear the judge was reasoning that it was extremely unlikely that the complainant would be mistaken about the feeling of penile‑vaginal penetration because people generally, even if intoxicated, are not mistaken about that sensation.”

Martin does not specify what about the word “woman” could have “engendered confusion.”

The ruling, first highlighted by Canadian journalist Tristin Hopper, comes on the heels of recent controversy surrounding an updated guidebook on general practice issued by the Federal Court of Canada which references pronoun use.

According to the guidebook, “the Court invites counsel, parties and witnesses to provide information about the correct pronunciation of their names (phonetic or syllabic spelling), titles (Dr., Mrs., Mr., Ms., Miss, Mx., etc.) and pronouns (she, he, they, etc.) prior to and at the outset of proceedings.”

While amended in late December of 2023, screenshots from the guidebook began circulating on social media in February of this year, prompting backlash from those concerned with gender ideology’s impact on Canada’s judicial system. While some feared the process may be mandatory, Reduxx reached out to the Federal Court and was informed that was not the case.

“It is important to note that this is simply an invitation. Participants before the Court remain free to proceed in the manner that they prefer,” the Office of the Chief Justice of the Federal Court stated.

#Canada #The Supreme Court of Canada #British Columbia #Maple Ridge #Christopher James Kruk raped a women who couldn't defend herself #Exactly how was anyone confused about the term woman? #The justice system dragged this case out over terminology #First that woman is assaulted by a creep #Then the justice system refers to her as a person with a vagina instead of as a woman

[if-you-fan-a-fire]

“Right of Dodging Puzzles B.C. Judge,” Toronto Star. December 20, 1932. Page 1. ---- Relatives of Dead Pedestrian Sue for Damages --- Victoria, Dec. 20. – Just how much jumping a pedestrian may do to avoid being hit by a mechanically-propelled vehicle and still maintain his street-crossing right in law is a question that Mr. Justice A. L. Fisher will have to decide before he can give a decision in the case of a Chinese suing for $3,182 in supreme court here.

Ling Kok Lai, Chinese gardener, on January 12 last, when crossing a street intersection, collided with a bicycle ridden by Claude Peden and another youth, receiving fatal injuries. A brother of the victim is now suing the bicycle rider on behalf of the family.

The evidence taken at the trial here was conclusive that the Chinese had entered the lane of traffic, had seen the approaching cyclist and had moved backwards and forwards twice before the impact occurred.

#victoria #supreme court of british columbia #vehicular manslaughter #killing a pedestrian #hitting a pedestrian #life of the bicycle #suing for damages #great depression in canada #crime and punishment in canada #history of crime and punishment in canada #fighting traffic #chinese canadians #damages

[in-sightpublishing]

Shedding light on religious property tax exemptions

Publisher: In-Sight Publishing Publisher Founding: March 1, 2014 Web Domain: http://www.in-sightpublishing.com Location: Fort Langley, Township of Langley, British Columbia, Canada Journal: In-Sight: Independent Interview-Based Journal Journal Founding: August 2, 2012 Frequency: Three (3) Times Per Year Review Status: Non-Peer-Reviewed Access: Electronic/Digital & Open Access Fees: None…

View On WordPress

#Assessment Act #BC Assessment #BC Supreme Court #British Columbia #charity #Community Charter #Gulf Islands Rural Area #invitation test #Knapp Island #Matsuri Foundation #Mouvement laïque québécois v. Saguenay #permissive tax exemption #principal use test #Property Assessment Appeal Board #Property Assessment Review Panel #public worship #Salish Sea #Shinto-Buddhist #Supreme Court of British Columbia #tax exemption #Vancouver Charter

[f1ghtsoftly]

All The Feminist News You Missed This Week 2/23/24

From a US Perspective

Hey all, sorry for the lateness, I had a deluge of stuff to work on for some projects/events I’m putting on in the spring and summer!! Will be back to a Friday afternoon release next week!

US News:

NYT profile on suggestive instagram accounts for minors, and the parents that run them.

Read Here (PAYWALLED)

Alabama: Alabama Supreme Court Rules That Embryos Are People

Oklahoma: Trans Teen Dies After Bathroom Beating

Relevant Context: Nex Describes The Incident In Detail Shortly Before Death

Ohio: Adult Film Star Kagney Linn Karter Dies By Suicide at Just 36

Washington: Women Win Class Action Against Tech Company Oracle

Missouri: Kansas City Unveils First Women’s Sports Stadium

New Jersey: New Lawsuit Against Glouster County Prosecutor Alleging Anti-Woman/Anti-LGBT Discrimination

South Carolina: First Federal Trial For Hate Crime Killing of Trans Woman is Underway In Columbia

Nikki Haley backs Alabama Supreme Court, Asserts Embryos Are People

International:

Australia: Woman Murdered by Husband in After Repeatedly Going to Police

Indonesia: Meet The All Female Firefighting Crew in Borneo

Tunisia: Oscar Nominated Film Depicts Women’s Radicalization By The Islamic State

France: French Film Awards Under Pressure Due To Sex Trafficking Scandal

England: British Woman Loses Appeal For Citizenship After Joining Islamic State

Japan: Women Participate in Traditional Japanese Festival For The First Time in 1,250 Year History

Want this sent to your email each Friday? Subscribe here

#radblr #radical feminism #radical feminist #char on char #radical feminists do touch #radfem safe #radical feminist theory #radfems #gender critical #radfem #all the feminist news you missed this week

[brookstonalmanac]

Events 3.4 (after 1900)

1901 – McKinley inaugurated president for second time; Theodore Roosevelt is vice president. 1908 – The Collinwood school fire, Collinwood near Cleveland, Ohio, kills 174 people. 1909 – U.S. President William Taft used what became known as a Saxbe fix, a mechanism to avoid the restriction of the U.S. Constitution's Ineligibility Clause, to appoint Philander C. Knox as U.S. Secretary of State. 1913 – First Balkan War: The Greek army engages the Turks at Bizani, resulting in victory two days later. 1913 – The United States Department of Labor is formed. 1917 – Jeannette Rankin of Montana becomes the first female member of the United States House of Representatives. 1933 – Franklin D. Roosevelt becomes the 32nd President of the United States. He was the last president to be inaugurated on March 4. 1933 – Frances Perkins becomes United States Secretary of Labor, the first female member of the United States Cabinet. 1933 – The Parliament of Austria is suspended because of a quibble over procedure – Chancellor Engelbert Dollfuss initiates an authoritarian rule by decree. 1941 – World War II: The United Kingdom launches Operation Claymore on the Lofoten Islands; the first large scale British Commando raid. 1943 – World War II: The Battle of the Bismarck Sea in the south-west Pacific comes to an end. 1943 – World War II: The Battle of Fardykambos, one of the first major battles between the Greek Resistance and the occupying Royal Italian Army, begins. It ends on 6 March with the surrender of an entire Italian battalion and the liberation of the town of Grevena. 1944 – World War II: After the success of Big Week, the USAAF begins a daylight bombing campaign of Berlin. 1946 – Field Marshal C. G. E. Mannerheim, the 6th president of Finland, resigns from his position for health reasons. 1955 – An order to protect the endangered Saimaa ringed seal (Pusa hispida saimensis) is legalized. 1957 – The S&P 500 stock market index is introduced, replacing the S&P 90. 1960 – The French freighter La Coubre explodes in Havana, Cuba, killing 100. 1962 – A Caledonian Airways Douglas DC-7 crashes shortly after takeoff from Cameroon, killing 111 – the worst crash of a DC-7. 1966 – A Canadian Pacific Air Lines DC-8-43 explodes on landing at Tokyo International Airport, killing 64 people. 1966 – In an interview in the London Evening Standard, The Beatles' John Lennon declares that the band is "more popular than Jesus now". 1970 – French submarine Eurydice explodes underwater, resulting in the loss of the entire 57-man crew. 1976 – The Northern Ireland Constitutional Convention is formally dissolved in Northern Ireland resulting in direct rule of Northern Ireland from London by the British parliament. 1977 – The 1977 Vrancea earthquake in eastern and southern Europe kills more than 1,500, mostly in Bucharest, Romania. 1980 – Nationalist leader Robert Mugabe wins a sweeping election victory to become Zimbabwe's first black prime minister. 1985 – The Food and Drug Administration approves a blood test for HIV infection, used since then for screening all blood donations in the United States. 1986 – The Soviet Vega 1 begins returning images of Halley's Comet and the first images of its nucleus. 1990 – American basketball player Hank Gathers dies after collapsing during the semifinals of a West Coast Conference tournament game. 1990 – Lennox Sebe, President for life of the South African Bantustan of Ciskei, is ousted from power in a bloodless military coup led by Brigadier Oupa Gqozo. 1994 – Space Shuttle program: the Space Shuttle Columbia is launched on STS-62. 1996 – A derailed train in Weyauwega, Wisconsin (USA) causes the emergency evacuation of 2,300 people for 16 days. 1998 – Gay rights: Oncale v. Sundowner Offshore Services, Inc.: The Supreme Court of the United States rules that federal laws banning on-the-job sexual harassment also apply when both parties are the same sex. 2001 – BBC bombing: A massive car bomb explodes in front of the BBC Television Centre in London, seriously injuring one person; the attack was attributed to the Real IRA.

#Events

[beardedmrbean]

Former child actor Ryan Grantham has been sentenced to life in prison for the shooting death of his mother, Barbara Waite, at their home in Canada in 2020.

Grantham, known for his roles in Diary of a Wimpy Kid and Riverdale, pled guilty to second-degree murder for killing his mother. At age 21, he shot Waite in the head with a .22 rifle as she played the piano at home in Squamish, British Columbia.

On Wednesday, Grantham, 24, was handed his mandatory life sentence in Vancouver's British Columbia Supreme Court, and as part of his sentencing, he will not be eligible for parole for 14 years, according to CBC.

Grantham confessed to the murder and filmed his mom's body in GoPro video footage taken shortly after the crime and shown in court.

One day after killing his mother, Grantham left the property in a car packed with three firearms, ammunition, and 12 Molotov cocktails with the intention of killing Canada's Prime Minister Justin Trudeau in the nation's capital, Ottawa.

Partway through his journey, he decided instead to commit a mass shooting, before driving to a Vancouver Police Department building and turning himself in.

At Grantham's sentencing hearing, Justice Kathleen Ker said his change of heart regarding the killing spree was his "saving grace," and that statements from those close to Waite, including Grantham's sister, showed how "life-shattering" the impact of the tragedy was.

Ker said that Grantham had struggled with his mental health in the weeks leading up to killing his mother and had been viewing violent video footage on the dark web.

According to CBC, the judge said that Grantham is showing signs of improvement amid his ongoing psychiatric treatment in jail.

Grantham's lawyer Chris Johnson told CTV News: "I think he anticipated what the judge gave him as a sentence.

"I think he's pretty apprehensive about the whole thing. He's a fairly tiny person, and to go to the prison system, I'm sure it's a daunting and scary thought for him."

Making note of Grantham's "diminutive" stature, Ker said that she would not recommend that the actor serve out his sentence in a maximum-security prison.

Two psychiatric reports referenced by Crown prosecutor Michaela Donnelly said that Grantham had been experiencing an "intense period of clinical depression" in the months before he killed his mother.

Grantham was "experiencing urges to commit violence and kill himself." According to the reports received by CBC, he killed his mother "to spare her from seeing the violence he intended to commit."

Complex said that Grantham's sister, Lisa, found their mother—who had been battling cancer—on April 1, 2020, the day after she had been killed.

"She was vulnerable, and Ryan gave her no chance to defend herself," Lisa said in her victim impact statement. "It pains me to know he was a danger to her life."

#nunyas news

[isthedogawolfdog]

From DH News: “The war on wolves continues.” That’s what the conservation group Pacific Wild says after the Supreme Court of British Columbia denied its application to end the wolf cull. The BC government began the cull in 2015 to save endangered woodland caribou, and has seen at least 1,400 wolves killed through the aerial […]

#wolf #wolves #aerial hunting #articles #tw animal death #wolves in politics #British Columbia

[iwannawritelots]

upset ranting under the cut

I literally hate the US so much. I can’t stop thinking about how upset I am, and even though on Monday I have my top surgery consultation (finally, after fucking being uninsured because my sperm donor refused to give me my medical insurance and only being insured through my current job) I am just unable to stop thinking about how much I hate that I have to be here. I hate that other people have to be here. I remember my senior year my fucking civics teacher was mockingly like “if any of you don’t like the US, then you can leave”. Like FUCK YOU. Most people can’t leave! I live a five hour public transit trip away from Vancouver, British Columbia, Canada and I can’t leave and start over there no matter how much I would like to! I’m very fortunate to be in a state that is very liberal, but that doesn’t mean I don’t want to leave with the way things are going. If that’s how I feel in a liberal state, i can only imagine how others are feeling right now in a conservative state! I wish anyone could leave if they wanted! Especially those who are in a state that will now have abortion bans, among other awful things. This country is only safe if you are a white cishet man. It’s disgusting and I really hope the Supreme Court drops dead. I’m livid. I can barely even focus on obey me rn which makes it even worse because usually I can distract myself with it! Everything is gross right now. Anyone else in the US I hope you’re staying safe. Unless you are against abortion or a queerphobe or racist or ableist or anything else fucking awful. Drop dead.

[allthecanadianpolitics]

"I always thought legalizing euthanasia was a no-brainer. 

It always seemed to me like an individual choice people ought to have, akin to legalizing abortion or same-sex marriage. 

If someone is in such pain that they decide to end their life, I thought, who are we as a society to tell them they can’t? 

There’s also a harm reduction component. If someone is dead set on ending their lives, shouldn’t we give them a relatively safe, effective option under medical supervision? It would be cruel not to. 

This was the rationale behind the 2015 Supreme Court of Canada decision in Carter v. Canada, which determined prohibition of medical assistance in dying (MAiD) was unconstitutional. 

But the legalization of MAiD has brought to the fore some disturbing moral calculations, particularly with its expansion in 2019 to include individuals whose deaths aren’t “reasonably foreseeable,” which opened the floodgates for people with disabilities to apply to die rather than survive on meagre benefits. 

I’ve come to realize euthanasia in Canada has become the ultimate neoliberal policy — we’ll starve you of the funding you need to live a dignified life, demand you pay back pandemic aid you applied for in good faith, and if you don’t like it, well, why don’t you just kill yourself? 

The problem with my previous perspective was it held individual choices as sacrosanct. But people don’t make individual decisions in a vacuum. They’re the product of social circumstances, ones often out of their control.

Tim Stainton, director of the Canadian Institute for Inclusion and Citizenship at the University of British Columbia, told the Associated Press that Canada’s MAiD policy is “probably the biggest existential threat to disabled people since the Nazis’ program in Germany in the 1930s.”

This sounds hyperbolic, but there are endless examples of people with disabilities who were offered euthanasia rather than live a life of pain and exclusion. And with the impending expansion of MAiD to include people with mental illnesses, the problem is only going to get worse."

Full article

Tagging: @politicsofcanada

#cdnpoli #canada #canadian politics #canadian news #canadian #medical assistance in dying #medically assisted death

[coochiequeens]

This guy is in the news again........

By Eva Kurilova. December 21, 2023

Canadian women are expressing outrage after a trans-identified male who campaigned to defund a rape crisis shelter was awarded the Meritorious Service Medal from the Governor General of Canada. Morgane Oger, a trans activist from Vancouver, was honored at a ceremony in Ottawa last week.

On December 16, Oger took to X (formerly Twitter) to boast of his receipt of the award, claiming he had been selected because of his work with “2SLGBTQ+ persons” and trans rights.

“Feeling so grateful, recieving [sic] the Meritorious Service Medal from Governor General of Canada Mary Simon last week for supporting 2SLGBTQ+ persons and furthering the legal protections of Transgender Canadians.”

In Canada, the Governor General is the federal representative of the monarch, currently King Charles III. According to the website for the Governor General of Canada, the Meritorious Service Medal is a civil award that recognizes “great Canadians for exceptional deeds” such as tackling poverty or improving educational opportunities for children.

In the list of recipients for the awards that were distributed on December 7, Oger is described as a “champion of diversity who has changed perceptions around 2SLGBTQI+ rights and has worked tirelessly to see those rights enshrined in law.”

Continuing, the office of the Governor General states that Oger has “forged alliances across party lines that propelled changes to provincial and federal legislation protecting individuals against discrimination based on gender identity or expression.” The short biography concludes by lauding Oger for his “courage, vision and perseverance have helped redefine the fundamental issue of equality and have advanced inclusiveness for gender-diverse Canadians.”

But the news of Oger’s top-level commendation did not sit well with Canadian women’s rights advocates, who noted that Oger has a long and disturbing history of actively fighting against women’s rights.

Canadian journalist and Feminist Current founder Meghan Murphy called out the Governor General, writing that Oger had once stalked her through her neighborhood in apparent retaliation for her views on gender ideology.

“Morgane Oger, whose career has involved harassing and vilifying feminists who defend women-only spaces, including fighting to defund Canada’s longest-standing rape crisis centre and transition house, @VanRapeRelief, stalked me around my neighborhood one day. Just one more reason I left Vancouver,” Murphy wrote. “Are these the ‘exceptional deeds’ bringing honor to Canada, @GGCanada? Making women feel unsafe and ensuring that when they are targeted by male violence they have nowhere safe to go?”

Murphy, like many others, was calling attention to an incident in 2019 where Oger successfully campaigned to strip Canada’s oldest rape crisis center, Vancouver Rape Relief & Women’s Shelter, of its city funding due to its female-only policy. In comments made before the city committee meeting, Oger called the shelter “non-compliant with Canadian law.

Prior to losing its city funding, Vancouver Rape Relief had been through a 12-year legal battle where its policies of only serving females and only allowing female peer rape counselors had been tested and held up in court. The Supreme Court of British Columbia and the British Columbia Court of Appeal both ruled that the facility was allowed to maintain a female-only space.

But despite the legal precedent, the City of Vancouver agreed with Oger and pulled the funding it had previously provided the shelter for its educational outreach programs despite the fact that the outreach programs were accessible to all, even transgender people.

While in the throes of defending its funding, Vancouver Rape Relief was targeted by a sickening harassment campaign from trans activists. Dead rats were nailed to the door and messages like “KILL TERFS” and “trans women are women” were written on the windows of its charity storefront.

Oger dismissed the abuse the rape shelter was receiving in a blasé statement he gave to press at the time.

“Sometimes, unfortunately, when Vancouver Rape Relief’s policies hit mainstream media and when their discriminatory conduct hits the light of day some people overreact,” he said of the vandalism and threats.

But just prior to the incident with the shelter, Oger had already attracted the ire of Canadian women’s rights advocates for his initial support of vexatious litigant Jonathan “Jessica” Yaniv.

Yaniv, a trans-identified male, made international headlines after filing a series of complaints with the British Columbia Human Rights Tribunal against female aestheticians who refused to perform waxing services on his male genitals. During a lengthy proceeding, it was alleged that Yaniv had deliberately targeted salon workers who were Sikh or Muslim in an effort to force women with religious restrictions on male-female contact to serve him.

On X (then known as Twitter) Oger referred to the women’s refusal to touch genitals on demand as “prohibited discrimination” and said that there was “no entitlement in Canada to refuse the performing of a service” on the basis of gender identity.

“Estheticians should take this up with their training providers. It wasn’t that long ago some service providers ‘weren’t trained’ to work on Black women or serve foreigners, either,” he said. “The law’s changed. Move on, get the training you need.”

When asked directly about his personal involvement with Yaniv, Oger was non-committal in his comments but admitted that he had spoken to Yaniv on the phone and that he had previously encouraged “trans women” to “complain to their human rights tribunal about prohibited discrimination.”

Eventually, the British Columbia Human Rights Tribunal ruled that estheticians were, in fact, able to refuse services that they were not trained to perform, such as waxing a scrotum.

This is not the first time Oger has received a Meritorious Service Medal. In 2018, he was given the award by then-Governor General Julie Payette for, according to City News, “her [sic] work advocating for LGBTQ rights.”

Speaking to Reduxx, journalist Meghan Murphy condemned the Governor General for providing Oger one of the most respected civilian awards in the country.

“Morgane Oger’s legacy is fighting against women’s rights, safety, and free speech,” she said. “Anyone who focuses so much effort on defunding one of the few rape crisis lines and transition houses in Canada is not someone who deserves to be celebrated.”

Murphy continued by noting that Oger had made her feel “unsafe” in her own home, prompting her to file a police report on him in 2020.

“This is a man who has gone out of his way to ensure that women don’t have safe places to go when escaping male violence. That the Canadian government has supported and celebrated him in these efforts is horrendous and shameful.”

#Canada #Giving a man a medal for defending a rape crisis center #Meritorious Service Medal #The Governor General of Canada #Morgan Oger #2SLGBTQ+ persons #I believe Megan Murphy #Vancouver Rape Relief & Women’s Shelter #Men with gender identities attacking women only spaces #TRAs nailing dead rats to doorways #Prohibited discrimination

[bithubi]

Canadian Province Asks QuadrigaCX Co-Founder to Explain His Wealth in New Order

The Canadian Province of British Columbia is seeking to use an unexplained wealth order, a new type of court order that compels a person to explain how they acquired their assets, to target the co-founder of QuadrigaCX, Michael Patryn. “Today, we have filed our third unexplained wealth order application with the British Columbia Supreme Court,” Mike Farnworth, the Province’s Minister of Public…

View On WordPress

#Order #Quadrigacx #Was

[if-you-fan-a-fire]

"Court Dismisses Jap 'Action for Damages," The Province (Vancouver). September 15, 1943. Page 6. --- Mr. Justice Manson, in Supreme Court, dismissed an action of Kaneichi Nakanishi, Japanese fisherman, and his 8-year-old son Joji, to recover damages for injuries suffered by the child on May 25, 1941, when he was struck by an automobile in a lane between Powell and Cordova.

Defendants were Rikimatsu Otsuji, Japanese garage proprietor, and Shurchi Enomoto, who was sued as the driver of the car. J. A. McLennan was counsel for plaintiffs and F. A. Sheppard and K. L. Yule for defendants.

#vancouver #supreme court of british columbia #civil action #damages #liable for injuries #hitting a pedestrian #hitting a child #life of the automobile #japanese canadians #canada during world war 2 #crime and punishment in canada #history of crime and punishment in canada

[debtloanpayoff]

#voteing #votes #2024voting

[msclaritea]

Canada's top court criticised after referring to female rape victim as 'person with a vagina'

Canada’s top court criticised after referring to female rape victim as ‘person with a vagina’

Vancouver’s rape relief shelter says the ‘blurring of language’ doesn’t serve the fight to end male violence against women

Rozina Sabur,

DEPUTY US EDITOR

16 March 2024 • 2:33pm

Justice Sheilah Martin (bottom right) with other justices of the Supreme Court in Ottawa, Canada

Canada’s Supreme Court has been ridiculed after ruling that referring to a female sexual assault victim as a “woman” was confusing and the term “person with a vagina” should be used instead.

It is believed to be the first time the new terminology has appeared in the country’s judicial rulings and has prompted sharp criticism for “blurring” the language around sexual attacks.

Canada’s oldest rape shelter told The Telegraph it followed a trend of “erasure of the violence that men are committing against women”.

“It definitely doesn’t serve the fight to end male violence against women when you’re blurring the language,” said Hilla Kerner, a spokeswoman for the Vancouver Rape Relief and Women’s Shelter.

Melissa Lantsman, a deputy leader of the Conservative Party, said: “There is nothing confusing about the word ‘woman’, it’s common sense.

“This is just complete nonsense that moves nothing forward. It’s not ‘progress’���.

The Supreme Court ruling, which was published on International Women’s Day, related to a sexual assault case which was overturned on appeal. A man was accused of assaulting a woman; no-one involved in the case identified as transgender.

Supreme Court Justice Sheilah Martin diverted from the original ruling's terminology

The case involved Christopher James Kruk, a 41-year-old from Maple Ridge, a city in British Columbia, who was convicted of sexual assault in March 2020.

The woman testified at the trial that she woke up in Kruk’s home in May 2017 to find him having sex with her and attempted, unsuccessfully, to push him off.

Kruk denied having sex with her, claiming that the victim had removed her trousers herself and that what she assumed was rape was in fact him startling her awake.

The presiding judge gave numerous reasons for finding Kruk guilty, including that it was “extremely unlikely” that a woman could be mistaken about the sensation.

“She said she felt his penis inside her and she knew what she was feeling,” the judge wrote, finding “it is extremely unlikely that a woman would be mistaken about that feeling”.

The Court of Appeal overturned the ruling in January 2022, finding the judge’s reasoning was “speculative” and ordered a new trial.

Restored Kruk’s conviction

Prosecutors petitioned the Supreme Court, which unanimously found the appeals court had erred and restored Kruk’s conviction.

However, while Supreme Court Justice Sheilah Martin concurred with the trial judge’s conclusion, she diverted from the original ruling’s terminology.

She wrote: “Where a person with a vagina testifies credibly and with certainty that they felt penile‑vaginal penetration, a trial judge must be entitled to conclude that they are unlikely to be mistaken.”

Justice Martin continued: “While the choice of the trial judge to use the words ‘a woman’ may have been unfortunate and engendered confusion, in context, it is clear the judge was reasoning... people generally, even if intoxicated, are not mistaken about that sensation.”

Later in the ruling, she stated “the fact that the judge relied on a generalised expectation is not itself problematic”, however, she said “this is not to say that this is an incontrovertible fact about all women in all instances”.

The ruling had been seen as a test case for an emerging rule challenging judges’ use of “common-sense assumptions” in rulings which are “not grounded in the evidence”.

The Women’s Legal Education and Action Fund (Leaf), said it had intervened in the case to argue around the “lack of clarity” around the rule.

It had warned about the additional barriers to justice “for survivors, who are more likely to be women, girls, trans, and non-binary people”.

Roxana Parsa, one of the lawyers representing Leaf, said in a statement the decision “will have significant impact for all sexual assault survivors”.

Ignited a firestorm online

However the ruling’s use of the term “person with a vagina” ignited a firestorm online, with even US politicians picking up on it.

Mike Huckabee, a former Arkansas governor and Republican presidential candidate, said: “You know what’s unfortunate and confusing? What’s happened to Canada.”

Ms Kerner, from Vancouver Rape Relief and Women’s Shelter, said the organisation “appreciated” the restoration of Kruk’s conviction, saying too few assault cases in Canada resulted in “holding rapists accountable”.

But she added: “If we do not name these crimes against women as they are, if we do not understand them in the context of women’s inequality, we are undermining our ability to fight against them”.

Well, well. It looks as though the World Economic Forum Klaus Schwab was telling the truth when he stated that the WEF had a number embedded inside of governments. Canada and Justin Trudeau are sorry as hell, for allowing this. And yeah, this does skew statistics on Sexual Assaults BY MEN. This is the same thing happening in Ireland, Britain...Maine, of all places. I'd also not fall for this open red meat throwing that the Conservatives are doing. Klaus Schwab is a pervert and a fucking Nazi and so are the GOP.

#Canada #Supreme Court #Justin Trudeau #Captured By The World Economic Forum #Women's Rights #Rape #People With Vaginas #Gender Ideology Cult #Supreme Court Justice Sheilah Martin

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