Court Diary: Motion Record Day Minus 2

On a sunny Wednesday in May, I will attempt to pull my human rights factum together

By Stephen Pate – There are only two days to go before the factum and motion record in Pate v. PEI Press Gallery has to be served on the other side.

I work this morning with a clear idea of how it will all go together, like a story you’ve been researching and finally you get the golden thread in your head.

Right after the PEI Human Rights Commission gave the go-ahead to a tribunal hearing into my complaint the Press Gallery discriminated against me, their lawyer filed a tactical move to have the case reviewed by a judge – judicial review – before the facts could be heard in public.

This is all new to me so I was a bit flummoxed but after talking about it and reading I decided to file a court motion to dismiss the judicial review application as frivolous and without a legal foundation.

If you ever think a human rights matter is simple or biased towards the complainant, think again. Large organizations like the CBC and CN can stall human rights issues for years, even beyond a decade.

Canada lacks any enforcement of human rights laws unlike the United States where Federal agencies like the EEOC will prosecute violations of the Civil Rights Act and the Americans With Disabilities Act.

Got an on-the-job discrimination compliant? Unless you can secure legal aid, you are on your own which is where I am. Only big corporations think the rules are fair, allowing them to procrastinate on human rights for decades.

Back to reality, I have to get to work and pull the factum, my statement of the facts and legal arguments to throw the CBC and The Charlottetown Guardian out of court and back to the Human Rights Commission.

Did you notice the slip? The case is really not about the Press Gallery. It appears from the evidence that the CBC and The Guardian conspired to cut a competitor and the Press Gallery action was just the front. Last fall their lawyer let the secret out when his email subject read “Pate v. CBC / The Guardian.”

There we are. Life is never what it seems. In the meantime, I am getting a wonderful education in the law, but nothing else done for the past while.

If you want to help, I could use a donation for legal books. There’s an Indiegogo project here.  The featured image is courtesy of Google Earth, since I have no time this week for photos.

By Stephen Pate, NJN Network

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