The unfortunate thing in this case is the length of time the process took to get the original verdict to Mr. Morin, but at that point he should have figured out there's "no money" to be made out of our legal system... the court system in Canada is not perfect but it's certainly a lot better than the US system where you can get some pretty ridiculous verdicts and awards.... I think what happens sometimes is people believe there should be "justice" and the next thing the case takes on a life of its own, as was probably the case here... I've often ended up down at Stewart McKelvey "ranting and raving" about some small injustice that I believe we should take to Water Street (court) ... and even though I might be right sometimes, I thank God I've paid the big bucks to guys like John Mitchell (now Mr. Justice) and Jim Travers for advice... they usually tell me to "settle down" and think about it, particularly John who'd usually add "don't be stupid" and Jim being more a gentlemen would just be thinking it... but more importantly good lawyers usually give sound advice that it can always go the other way and cost big bucks in the process... and even the times we had to go to court and mostly won, we never really win anything other than a “victory” and you can’t take that to the bank... I’m in a similar situation now over a “wetland” issue where I’m probably being stupid. It would be cheaper to pay a fine even if we weren’t guilty, but I enjoy the work I do for the Nature Conservancy of Canada and I don’t think I could continue in that position if we were found guilty... it's sure a good spot for the old expression "it's like throwing good money after bad"... and its to bad for Mr. Morin but surely someone along the way must have given him “what might happen” and just maybe he should have considered that...
Morin loses court bid over legal costs
The Guardian
06/02/10
A former Island teacher has lost his appeal for costs arising from a lawsuit concerning a violation of his right to freedom of expression. The Supreme Court of Canada dismissed Rick Morin’s appeal last week. The case dates back to 1988, when Morin showed his Birchwood Junior High School class in Charlottetown the documentary Thy Kingdom Come, Thy Will Be Done, which raised questions about the influence of religion on American politics. He was placed on mandatory leave of absence and not rehired the following year. Morin won his case in 2005. He was awarded $75,000 in damages and $175,835 in costs. Following various appeals, costs were set at the lower amount of $91,344, which Morin said did not come close to covering what he had paid. But with the Supreme Court's dismissal of the case, that amount has been finalized.
Monday, February 8, 2010
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2 comments:
It was pretty plain what happened at Birchwood School. He showed a film about fundamental christianity to the kids. He asked the students to go out into the community and interview people on their beliefs. Parents did not think it was appropriate and called administration. The administaration told Mr. Morin not to show the film to the rest of his classes as it was not part of the curriculum. Simple...he went ballistic
The fact that Mr. Morin won his case on the merits is extremely important. What is equally important is the fact that his costs exceeded the award. As far as I am concerned, that sobering fact says everything you need to know about Canadian justice. When right makes wrong there can be no justice, no matter how you want to dress it up.
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