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To: ken5050
One in each province and a federal one.

Steyn is being subjected to simultaneous multiple proceedings of the same complaint.

As they are quasi civil tribunals the doctrines of autrefois acquit and autrefois convict do not apply and the burden is "preponderance" rather than "beyond reasonable doubt". The rulings are looked upon as being akin to injunctions rather than punishment and compensation rather than fines.

Small businessmen have been advised by their lawyers that it is cheaper to cave in, recant, grovel and pay than to pay the legal bills associated with defending even frivolous complaints.

Even where a frivolous complaint gets dismissed at an early stage, the respondent has borne costs to retain a lawyer and those consts, unlike other civil proceedings in Canada, are not recoverable against the complainant or the tribunal.

30 posted on 12/20/2007 5:46:13 AM PST by Clive
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To: Clive
Small businessmen have been advised by their lawyers that it is cheaper to cave in, recant, grovel and pay than to pay the legal bills associated with defending even frivolous complaints.

Back in 1995, lawyers were advising clients not to fight a complaint if it could be settled for $5,000 or less.

I wonder if there's any case law about suing HRCs and/or complainants for malicious prosecution. If there isn't perhaps we should make some.

36 posted on 12/20/2007 9:57:15 AM PST by Squawk 8888 (Is human activity causing the warming trend on Mars?)
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To: Clive
The BC tribunal didn’t even blink. They will taken any complaint without scrutiny - unless of course is a white male evangelical.
38 posted on 12/20/2007 12:44:52 PM PST by Sam Gamgee (May God have mercy upon my enemies, because I won't. - Patton)
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