You want some intelligent responses to a law and order political policy agenda? Look at the changes being implemented in Alberta to get rid of vexatious litigants by Premier Stelmach.
Streamlining the court process and eliminating inappropriate intimidation through initiating costly and inappropriate law suits will save money and time and enhances real access to justice.
This is in contrast to Harper's court related policy is all about trying to manipulate the appointment process so someone he likes, get to be a Judge. Whereas Stelmach is empowering the Bench and enabling the Judges to be Judges.
Smart move by Alberta's Premier Stelmach. a good governance model for Prime Minister Harper. I don't expect the Prime Minister will pay much heed though.
The down side is that the vexatious litigants argument may become a standard defensive technique which will make it more difficult and costly to pursue legitimate claims.
ReplyDeleteOne wonders how influencial insurance companies were in getting this legislation drafted.
Why wouldn't Harper pay heed to streamlining the Court process? Ken, your rhetoric is over the top. Are you saying that Harper (or man-devil as you'd like to call him) opposes access to the judicial system? Why wouldn't he take a good idea from a fellow conservative?
ReplyDeleteI can tell you that all policians believe in access to justice, not just liberals.
eric - nothing I have said is "over the top" about Harper. Just stating an opinion based on fact.
ReplyDeleteLike why not instead of manipulating the judicial appointment process perhaps his law and order reforms could be used to improve citizen's access to justice.
Speakng of over the top rhetoric - I never called Harper a "man-devil." Breath deep...think blue...relax eric.
I know you guys have every right to be defensive but it is amazing just how defensive you have become.
I wonder what you guys will be like when you run out of surplus "green" cash to spend in your "election readiness." How naive do you guys think Canadians are? It is moving from laughable to insulting..best be careful!
What will your days be like when you finish with spending spree geared to "convincing" us of the authenticity of the superficial eco-makeover of Stephen Harper?
You will soon have to be judged on your real actions. Remember elections matter and are mostly unpredicitable...especially theses days.
Stelmach is accomplishing nothing. The Court already controls its process and can ban vexatious litigants. (See Alberta Rules of Court)
ReplyDeleteSo what exactly is the innovation of the PC government?
My experience as a lawyer is that there are very few vexatious litgants and are a fraction of one percent of all litigants.
Anonymous at 4:56 - the really significant change is the issue of determinations about fivolous or vexatious actions can be dealt with and decided at the judical level.
ReplyDeleteThat decision will be purely judicious and no longer involve the political approval of the Attorney General.
It is a separation of powers issue and another positive step towards ensuring politics do not interfere with the daily administration of justice - which is the proper role of the independent Courts.
Is this earth shattering? No! But it is significant in that it moves political judgment one more step away from the Courts - and that has to be a good thing.
Now if only Stephen Harper, our minoirty government Prime Minister, understood this need to separate the executive from the judicial we would be all better off.