I’m constantly asked about the Russell Court Challenge where I am taking the Township of Russell to court over the constitutionality of their FORCED Bilingual Sign Law that forbids the use of either the French or English language as stand-alone languages on new signs.
The restriction on the French language is something the French speakers will have to deal with themselves. And, if for whatever reason they don’t care about their loss of Freedom of Expression, that’s on them,
In effect, this Township law strips away my RIGHTS, and the RIGHTS of all others to Freedom of Expression as is “supposedly” guaranteed through Canada’s Charter of Rights and Freedoms as is outlined in Section 2b.
The fact that this Russell law exists at all is a slap in the face to EVERYONE who cares about Freedom of Expression, Free Speech, Free Choice etc.
If this odious law is permitted to stand, our Charter of Rights and Freedoms would best be described as our Charter of PRIVILEGES, which it might already be, given past court rulings and government laws that already play fast and loose with many Charter Rights.
Just as I would NEVER force my language or culture upon others, I don’t want anyone to force their language or culture upon me.
Russell Township’s very expensive lawyer, Ron Caza demanded to Question me on Discovery (February 13, 2009) at his offices. We agreed to the time, the place and the date.
For those of you who might not be familiar with Questioning on Discovery, it is a pretrial examination where the opposing lawyers get to question witnesses who are sworn at the Discovery to tell the truth.
The transcripts of the Questioning are then submitted into Court Evidence as sworn testimony, the same as if it was testimony uttered in Court in front of a Judge.
The purpose of Questioning on Discovery is to allow the lawyers on both sides to question each others’ witnesses over affidavits and evidence. Unlike television courtroom dramas, in real life, there are no secret evidence or surprise witnesses.
I couldn’t imagine why Caza wanted to Question me on Discovery, since there is nothing that can be gained from such a tack, other than to try to prove me to be a racist, bigot or Francophobe; all of which I am not.
But, even if I was the racist, bigot and Francophobe Caza is trying to make me out to be. So what? What would that have to do with my RIGHT and everyone else’s RIGHT to Freedom of Expression?
Or, for that matter, the right of mayors to conduct social engineering by creating linguistic and cultural laws, that have nothing whatsoever to do with the competent management of their communities?
Or, to prove that it is ABSOLUTELY necessary for the Township of Russell to FORCE this language law upon the people for the benefit of its “endangered” French speaking community, which is anything but endangered?
And even if the French speaking community’s language and culture are indeed threatened, why is that my problem?
MORE: why should my RIGHTS and the RIGHTS of EVERYONE ELSE be abrogated as a result of the French community’s inability to protect and promote their own culture if that’s the case?
It’s not as if there are any laws in Ontario that discriminate against the use of the French language.
To the contrary:
French-language AFFIRMATIVE ACTION discriminates against Canada’s English speaking majority, while at the same, all level of governments spend BILLIONS of dollars promoting French from coast to coast.
So why does Caza want to question me?
Here’s a problem for Caza. After reviewing their “expert” testimony, I believe his “expert” witnesses are far more of a liability for him, than an asset.
As a matter of close examination of their “expert” testimony supplied by sworn affidavits, they go a long way to harming his case. So much so, that I suspect he really isn’t very pleased by the prospect of having them deposed by our two lawyers, Ken Bickley and Brent Tyler, so he cancelled.
At least that’s what I think.
The way the Questioning was structured was thus: Caza would begin questioning me in the morning of the 13th (10:00 o’clock) with my lawyers present to object to questions that were legitimately objectionable.
Then my lawyers would have the right to question me to set the record straight and establish positions that would become part of the record.
Our lawyers would then have a crack at two of Caza’s “expert” witnesses in the afternoon, where the lawyer roles would be reversed.
Remember this very important FACT:
ALL OF THIS WAS AT CAZA’S INSISTENCE – NOT OURS.
We had no intention of going to Discovery before Caza demanded that we do. And now that he did, we welcome the opportunity to depose his “experts”.
But, he cancelled with the excuse that he was overwhelmed with work, and unable to make HIS OWN QUESTIONING AT HIS OWN OFFICE.
Even though Caza cancelled, we still want to go forward with the questioning of his “experts”, since his “experts” might very well be a delight for our side of the argument.
Strange thing – Even though we’ve provided Caza with an alternative date for Discovery at his request, he didn’t respond until we kept calling him for confirmation.
Wouldn’t you think Caza would be chomping at the bit for a Questioning he himself demanded?
At Caza’s insistence for a four day trial with “expert” witnesses before a bilingual Judge, we were given the court date of March 2, 2009. But, because of Caza’s decision to CANCEL his OWN Questioning in his OWN office, and not respond in a timely manner to a new date for Questioning, our trial date of March 2, 2009 will be moved to sometime in the future.
I understand that we will be using the original Court Date of March 2, 2009 for the Questioning on Discovery that should have happened on February 13, 2009. I’ve asked our lawyer Ken Bickley to see if it is possible to expedite the new Court Date.
What’s with the delaying tactic?
His (Caza) are not the tactics of a confident man. I’ll keep you all informed as the Caza drama unfolds.
To all the people who have helped finance this Court Challenge against a law that strips us from our RIGHTS – THANK YOU! Your support is helping to make every difference in the world.
For those who want to help in this fight for EVERYONE’S Freedom of Expression, you can donate by clicking on the HOW TO SUPPORT Button at the Top Right Hand Side Of This Page.
Where Caza is fighting against all of us with our own tax money, we are fighting for all of our RIGHTS throughout Ontario and right across Canada out of our own pockets with donated funds.
That in itself says it all.
Best Regards . . . Howard Galganov