I was personally involved in a SIGNIFICANT Canadian Court Case, where I took Legal Action against an Ontario Township close to the City of Ottawa, Canada’s National Capitol, where in my opinion, an IDIOT English Mayor (Ken Hill) and French Council made it ILLEGAL to put up ENGLISH ONLY SIGNS, as he was preparing for his run for higher office.
In this Township (Russell Ontario), which at that time had recently been amalgamated with several small and impoverished French Communities, to a larger and PROSPEROUS English Community, the balance of voters changed to favor the larger number of French Speakers.
And Ken Hill, who wanted to become the Nominee to run for the Liberal Party in the forthcoming Election, tried to BUY FRENCH VOTES by screwing-over English speakers.
IN MY WORLD . . . Freedom of Expression, and how a person chooses to express himself or herself, is without question . . . the CORNER STONE OF FREEDOM. And no matter how someone wishes to communicate in whichever language he or she wants to use in either the PRIVATE or BUSINESS sector, should be of no concern to the government, as long as the message is not defamatory, a lie, or a call to arms to do harm.
EXAMPLE – If I were to walk into a Chinese Restaurant, which I have done in China Town in Toronto, where the menu was only in a Chinese Dialect, I would have the right to either leave, or ask if there was anyone who worked for the restaurant who would be willing to translate.
BUT I SHOULD NOT HAVE THE RIGHT . . . to demand that the Chinese Restaurant publish their menu in the English Language to accommodate me, because, if they did not want to encourage the business of English Speakers, that should be entirely up to them.
HERE’S HOW THE LEGAL CASE WENT DOWN . . . Canada’s ridiculous Constitution does not have hard and fast rules for protecting any of our FREEDOMS, which are interpreted by Judges from the Lowest Courts, until the challenges arrive at the Supreme Court, which takes years, until cases make their way to the Supreme Court, and costs HUNDREDS OF THOUSANDS OF DOLLARS until they do. And even then, the Supreme Court can refuse to hear any case it wishes NOT to hear . . . even Constitutional Challenges.
1 – CANADA HAS NO FIRST AMENDMENT . . . but our Canadian Charter of Rights and Freedoms does defend Freedom of Expression to an extent, unless that FREEDOM somehow restricts the Promotion of the French Language, but it is so vague in how that could happen, that it leaves an interpretive hole in our RIGHTS that one could drive a Freight Train Through.
2 – In Canada, much like the United States of America, in order to take a case to TRIAL, you must have STANDING, which simply means that the LITIGANT must have some direct connection to the case, where he or she could be impacted by the judgment.
3 – The Supreme Court of Canada ruled BEFORE OUR APPEAL to them, that anyone who can be affected by a law anywhere in Canada, even if it isn’t a direct challenge to the rights of that individual, but does impact upon the greater good . . . HAS STANDING.
4 – BECAUSE ONTARIO’S FRENCH POPULATION . . . represents only 4% of the TOTAL, there is a dearth of French Speaking Judges, which impacted my case severely, since the other side DEMANDED a BILINGUAL Judge, which led to a Judge (Monique Metivier), who was KNOWN TO BE AN ACTIVE PROPONENT OF THE PROMOTION OF THE FRENCH LANGUAGE.
She had already ruled AGAINST English challenges to French Language Affirmative Action.
5 – My lawyer at that time was too INTIMIDATED by METIVIER, who was also the Regional Chief Justice, to demand that she recuse herself, which led to a disastrous decision from her Bench.
a . . . I had no STANDING, since I didn’t live in the Township of Russell.
b . . . Even though the part in the Canadian Constitution that protects Freedom Of Expression was violated, Metivier ruled – that . . . THE BYLAW DEMANDING BILINGUAL CORPORATE SIGNS STANDS, because of the nature of the French Language.
It must be noted that the OPPOSITION decided to fight their entire case on the behalf of the Township of Russell in the English Language. So, of what need was there for a French or Bilingual Judge, other than to unfairly advantage their case?
7 – After the Metivier Disaster, we took the case to the Ontario Court of Appeals, but this time with different Lawyers who were as good as it gets, but once again, the opposing lawyers demanded BILINGUAL Appeal Court Judges, who were even in shorter supply than regular Judges, and once again, they fought their entire case in the English Language.
Bilingual Judges in Ontario are either French Speakers, who grew up with French being their primary language, who’ve mastered English. Or English speakers with a PROCLIVITY to the French Language and Culture.
8 – SO GUESS WHAT? The decision of the Court of Appeals was no different than was the decision of Metivier.
9 – Our final defense came down to the Supreme Court, in a contest that was of Primary National Concern, where based on the most current ruling by the Supreme Court on STANDING, it should have been a SLAM DUNK for me.
But, instead of making the hard decision to defend Canada’s FREEDOM OF EXPRESSION, by perhaps aggravating a small number of French Language Activists, the Supreme Court decided NOT TO HEAR THE CHALLENGE.
So, as it stands now . . . Until someone else wants to challenge these HORRIFIC TOWNSHIP LAWS, which gives PIPSQUEAK MAYORS & COUNCILS the power to FORCE the specific use of language on all Canadians throughout Canada, since this Jurisprudence has been set in Ontario at the highest Provincial Court, it will cost the next person who wants to fight for Freedom of Expression, the same or greater (close to) HALF MILLION DOLLARS it cost me.
THE CHANCE OF THAT HAPPENING IS SOMEWHERE BETWEEN ZERO AND NONE.
So, when Donald Trump . . . who wants to BUILD THE WALL and deport millions of ILLEGAL Aliens, mostly Latinos, rails against a Judge with a Latino Background, who has a HISTORY of supporting and defending Latino Causes, based upon my own personal experience with Ethnocentric Activist Judges . . . WHERE IS HE WRONG?
The speech I will be delivering on June 11, 2016 to Canadians For Language Fairness (CLF) near Ottawa, will be Video Taped and put on YouTube.
This is a Private Luncheon Meeting of several dozen Senior Managing FREEDOM RIGHTS Activists. However, because of requests from many within a hundred mile radius from where the speech will be delivered, there will be a limited number of seats available.
If you would like to attend, and if there are still some seats available, you can contact Kim McConnell by email for information at . . . [email protected]
Best Regards . . . Howard Galganov