U of O Watch mission, in the words of Foucault...

"One knows … that the university and in a general way, all teaching systems, which appear simply to disseminate knowledge, are made to maintain a certain social class in power; and to exclude the instruments of power of another social class. … It seems to me that the real political task in a society such as ours is to criticise the workings of institutions, which appear to be both neutral and independent; to criticise and attack them in such a manner that the political violence which has always exercised itself obscurely through them will be unmasked, so that one can fight against them." -- Foucault, debating Chomsky, 1971.

U of O Watch mission, in the words of Socrates...

"An education obtained with money is worse than no education at all." -- Socrates

video of president allan rock at work

Thursday, February 27, 2014

Ontario Civil Liberties Association moves to intervene in Supreme Court application about unresolved judicial bias complaint

The Ontario Civil Liberties Association (OCLA) has moved to intervene in the application for leave to appeal to the Supreme Court of Canada of appellant Denis Rancourt, regarding an unresolved judicial bias complaint that is advanced as grounds to overturn a Court of Appeal for Ontario decision to dimiss Rancourt's appeal from a lower court motion to end a defamation action against Rancourt on the grounds of maintenance and champerty.

The OCLA has posted all the court documents about its motion to intervene (OCLA's motion, St. Lewis response, U of O response, Rancourt response, and OCLA's reply): HERE-LINK.

At one point in argument, counsel for St. Lewis, Mr. Richard Dearden, rejects OCLA's intervention on the basis that:

"It is submitted that any organization that subscribes to Founding Principles that support hate speech and expression about child pornography, genocide and slavery utterly fails to 'represent the broad interests of citizens' in Canada." [at paragraph 19 of St. Lewis's response]

The Founding principles of OCLA are HERE, and are in evidence before the Supreme Court.

Iconic public intellectual Noam Chomsky, on reading the founding principles, endorsed OCLA as:

“I am very pleased to learn of the Ontario Civil Liberties Association, and wish it the greatest success in its work, which could not be more timely and urgent as elementary civil rights, including freedom of speech, are under attack in much of the world, not excluding the more free and democratic societies.”

It appears that Mr. Dearden is stating, inter alia, that a civil liberties association that supports free expression on all topics, including taboo and sensitive topics, cannot possibly represent the broad interests of Canadians? Mr. Dearden often acts for clients defending freedom of the press.


All other posts about the application for leave to appeal to the Supreme Court of Canada are: HERE, and HERE.

The summary of the application for leave to appeal is:
An Ontario superior court judge had strong personal, family, emotional, and contractual financial ties to a party intervening for the plaintiff in [the] case, and also to the law firm representing the party in court, and did not disclose any of these ties. This party was also the employer of the plaintiff in the lawsuit, and funded the plaintiff’s litigation. The judge was tasked with determining the propriety of the party’s funding of the plaintiff, which was done with public money. The judge’s ties made it inconceivable that he would rule against the party. When the defendant discovered the judge’s ties and presented the evidence, the judge lost decorum, threatened the defendant with contempt of court, and recused himself, but refused to consider whether there was an appearance of bias, and continued to release decisions. The judge’s in-court reaction and walkout further confirmed his ties with the party in the lawsuit. The defendant raised the matter with six more judges, up to the court of appeal [for Ontario], but all of them refused to duly consider and properly apply the facts. As a result, all the decisions of the judge in the lawsuit stand to this day, even the decisions he released after recusing himself.

--Summary, Memorandum of Argument, Application Book, page-34

Wednesday, February 12, 2014

Trailer for new documentary film about Denis Rancourt

Filmmaker/Director/Producer: Peter Beisterfeld

Expected release date: Fall 2014

Many years of filming in several cities.

"Rancourt -- The Documentary" Facebook page LINK.

Monday, February 3, 2014

Supreme Court of Canada now has all documents in hand to fix Rancourt's unresolved judicial bias complaint

AN EARLIER POST describes Denis Rancourt's recent filing of an application for leave to appeal to the Supreme Court of Canada, to fix a complaint of judicial bias.

The application gave rise to responses from the respondent Joanne St. Lewis and from the responding party University of Ottawa. Rancourt filed his replies to these responses today (February 3, 2014). The file is now nominally complete for a determination by a panel of three supreme court judges.

The St. Lewis response is posted HERE, or PDF.
The University of Ottawa response is posted HERE, or PDF.
Rancourt's replies are posted HERE, or PDF.

Rancourt essentially argues that if the Supreme Court of Canada refuses to grant an appeal, then Canada will have violated its international obligations to provide an impartial court in civil matters, pursuant to two international agreements:

The Universal Declaration of Human Rights
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

International Covenant on Civil and Political Rights
Article 14(1)
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. ...

Rancourt also argues that the Canadian Charter of Rights and Freedoms itself requires that the appeal on the basis of the judicial bias complaint must be heard, because, he argues, access to an impartial court is a Charter right of every individual by virtue of s. 15(1):

Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Rancourt points out that the French text of the Charter (s. 15(1)) is unambiguous on the guarantee of access to an impartial court:

La loi ne fait acception de personne et s’applique également à tous, et tous ont droit à la même protection et au même bénéfice de la loi, indépendamment de toute discrimination, notamment des discriminations fondées sur la race, l’origine nationale ou ethnique, la couleur, la religion, le sexe, l’âge ou les déficiences mentales ou physiques.

Court documents in the overall action and its appeals are HERE.