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Jay Currie

One Damn Thing After Another

10/18/2004

Kinsella's Real Agenda

Don, from All Things Canadian has posted the smoking gun over at the BlogsCanada E-Group. Nothing less than Warren Kinsella seeking to attack the Gomery Commission through Judge Gomery's daughter.

>From: "Warren Kinsella"
>To: "Don at talkcanada"
>Subject: RE: Hey dude - confidential
>Date: Thu, 7 Oct 2004 11:08:40 -0400
>
>She is indeed.
>
>Wonder how Ogilvy's got that sole-source, multi-million dollar assignment as commission counsel?
>
>What a coincidence.
>
>-----Original Message-----
>From: Don at talkcanada [mailto:talkcanada@hotmail.com]
>Sent: Thursday, October 07, 2004 10:56 AM
>To: Warren Kinsella
>Subject: RE: Hey dude - confidential
>
>
>Is she John's daughter?
>
>Don.
>
>
> >From: "Warren Kinsella"
> >To:
> >Subject: Hey dude - confidential
> >Date: Thu, 7 Oct 2004 09:59:39 -0400
> >
> >Was going to put this up on my site, and then thought it might be something
> >we could have fun with in the blogosphere. Just don't source me. Over to
> >you:
> >* This
> > is an interesting coincidence. When you consider this
> >
> >.
> >
> >
blogscanada election e-group
This from a man who wrote,

Another mouth-breather wrote about all of this outrageous, Stalinist suppression of the constitutional rights of morons, and he decided to slander my parents (my parents!) in a way that was cruel and cowardly and sick.
warren kinsella
So in Kinsella land it is unacceptable and actionable to make a rather lame insult which invokes a guy's parents, but it is just fine to imply that a distinguished law firm with over 460 lawyers was appointed counsel to a Royal Commission because the head of that commission's daughter happened to be one of them.

Kinsella is, I rather hope, going to discover the true meaning of the word "actionable". One of the senior partners at Ogilvy's is Brian Mulroney who is no stranger to the law of defamation. Of course he does not merely threaten suits, he files them.

Kinsella's smear is all the worse because he not only slimes the Sally Gomery by implying that the contract was let because she works for the firm, he also attacks a member of the bench. This should attract the attention of the Law Society of Upper Canada as lawyers have a duty to defend judges who are, by virtue of their position, unable to defend themselves.

Criticizing Tribunals - Although proceedings and decisions of courts and tribunals are properly subject to scrutiny and criticism by all members of the public, including lawyers, judges and members of tribunals are often prohibited by law or custom from defending themselves. Their inability to do so imposes special responsibilities upon lawyers. First, a lawyer should avoid criticism that is petty, intemperate, or unsupported by a bona fide belief in its real merit, bearing in mind that in the eyes of the public, professional knowledge lends weight to the lawyer's judgments or criticism. Second, if a lawyer has been involved in the proceedings, there is the risk that any criticism may be, or may appear to be, partisan rather than objective. Third, where a tribunal is the object of unjust criticism, a lawyer, as a participant in the administration of justice, is uniquely able to and should support the tribunal, both because its members cannot defend themselves and because in doing so the lawyer is contributing to greater public understanding of and therefore respect for the legal system.
Law Society of Upper Canada, Rules of Professional Conduct - Rule 4(scroll down)