tag:blogger.com,1999:blog-12905031.post3730228096691211064..comments2023-06-09T16:27:10.290-04:00Comments on Selwyn: Black Action Defence Committee v. Bill Blair and Toronto Police Services BoardSelwyn Pietershttp://www.blogger.com/profile/17077322513137275581noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-12905031.post-65838673337879825342014-06-22T06:06:20.855-04:002014-06-22T06:06:20.855-04:00Well said Pat. I am still perplexed. What would Ch...Well said Pat. I am still perplexed. What would Charles Roach and Dudley Laws have done? Laws and Roach would have encouraged BADC "to work with others more knowledgeable about the human rights or civil law process." The missteps are costly and embarassing.<br />SPSelwyn Pietershttps://www.blogger.com/profile/17077322513137275581noreply@blogger.comtag:blogger.com,1999:blog-12905031.post-62959357913615390402014-02-06T16:39:10.220-05:002014-02-06T16:39:10.220-05:00Although I am not making these comments in my capa...Although I am not making these comments in my capacity as Chair, I should point out that I am the Chair of the Board of the Human Rights Legal Support Centre and that the Centre is working with the Law Union of Ontario in an effort to file an application with the HRTO in relation to police carding practices.<br /><br />I have read Selwyn's comments about BADC v. Bill Blair and TPSB and I agree with Selwyn about just how important it is for Black communities to attack racial profiling through every means at our disposal. But I sincerely believe that we also have to attack these matters by mobilizing the best and most able resources at our disposal. <br /><br />Class actions are exceedingly complex matters and a class action of this sort (fought against respondents with relatively limitless resources) should only be pursued by counsel with an advanced experience in such matters. I worry very much that because of the way in which the BADC civil claim is being pursued, should they be unsuccessful, significant costs could be levied against the plaintiffs. <br /><br />I only found Selwyn's blogged comments today, after reading the Toronto Star piece indicating that as well as a civil suit an application has been filed, against the same parties, with the HRTO. It appears that the HRTO application is in the nature of a "class action". My concern is that neither the Ontario Human Rights Code nor the HRTO rules speak to the possibility of "class actions" being raised before the Tribunal. In addition and of equal importance, in these matters, people are not permitted to ride two horses at once. In other words, you may not be able to file a civil suit seeking remedies for violations of the Charter and an application before the HRTO seeking essentially the same remedies, under the Human Rights Code. Rules like this prevent a multiplicity of proceedings being commenced and save precious resources. <br /><br />Given the relative sped of the process, I imagine that the HRTO matter will be addressed first. It is likely that, in the face of a preexisting civil claim, and the "class actions" problem the HRTO application may be dismissed (I suppose that the application could be amended to include a named group applicant but why the screw-up in the first place?)<br /><br />Unfortunately, I do not agree with the previous writers, CourageB or Kingsley Gilliam. There are already so many problems with the processing of these matters that the thing to do is not to support them but for BADC to withdraw them and to work with others more knowledgeable about the human rights or civil law process. Personally, I think that pursuing the human rights process makes sense.<br /><br /><br /><br />Best regards,<br /><br />Pat CaseBiggarhttps://www.blogger.com/profile/17621227652776122485noreply@blogger.comtag:blogger.com,1999:blog-12905031.post-87356880650278363182014-02-06T16:05:58.542-05:002014-02-06T16:05:58.542-05:00This comment has been removed by the author.Biggarhttps://www.blogger.com/profile/17621227652776122485noreply@blogger.comtag:blogger.com,1999:blog-12905031.post-51184069223680420272014-02-06T16:05:09.639-05:002014-02-06T16:05:09.639-05:00This comment has been removed by the author.Biggarhttps://www.blogger.com/profile/17621227652776122485noreply@blogger.comtag:blogger.com,1999:blog-12905031.post-6426886143796341522014-01-07T15:36:34.062-05:002014-01-07T15:36:34.062-05:00Thank you Selwyn for your insightful analysis of t...Thank you Selwyn for your insightful analysis of the case law relating to Police racial profiling,and the merits of these type of cases as shown by the various dispositions of individual law suits.<br />The irony of these dispositions, is that counsels are always wel paid for their work and the victims loos their money paid on legal fees while the perpritrators continue their discriminatory practices.<br /><br />BADC believes that filing this law suit will provide an opportunity for the Victims of these nefarious practices of racial profiling/carding will not have to risk losing their savings and their homes to fight individual law suits but would be able to sign on to the BADC led Class action Law suit and have their case considered.<br />The benefit of this class action law suit is also to provide an opportunity for theover 350 Black Lawyers in Ontario to Give Back to the community by pooling their legal talents and skills to contribute to the successsful litigation of these cases.<br />Much mor prestiege and respect can be derived by supporting the billegered Black Community in these two Class Actions initiated by BADC on behalf of the entire Black Community including lawyers and judges,than for them to watch their legal guns fight against their individual and communal interest. <br />As the attornies For York (Montreal Forum) learne that litigated the Difining human rights case in Canadian law Christy Vs York in 1940 learnt, that not only plaintiff Christy had no rights in Canada, but they themselves had the same level of rights as Mr. Christy did.<br /><br />When the community succeeds ,individuals thrive. As Winston Churchill was quoted in response to King George VI when he requested Churchill to exclude Lord Beaver Brook from his war cabinet: " it is better to have him on the inside pissing out than on the outside pissing in".<br />BADC will welcome your hard work and dedication and experties as we move forward with thes and several other Class Action Law suits.Kingsley P. Gilliamhttps://www.blogger.com/profile/05084803707825879242noreply@blogger.comtag:blogger.com,1999:blog-12905031.post-14212653957904396092013-11-20T21:17:20.540-05:002013-11-20T21:17:20.540-05:00I read your views but I think you should assist th...I read your views but I think you should assist the BADC to litigate this issue based on your wisdom and legal experience.CourageBhttps://www.blogger.com/profile/01385222069412334259noreply@blogger.com