Judge Grants Much of CAFE’s Motion in McCorkill Case
ST. JOHN, New Brunswick, November 13, 2013. A New Brunswick Court of Queen’s Bench judge sided with many of CAFE’s submissions in striking down many passages in five affidavits filed by parties seeking to nullify a sizeable bequest to the U.S. National Alliance.
In a decision handed down today, Judge William T. Grant “went half and half,” CAFE’s lawyer Andy Lodge noted. He struck much of the Mark Potok affidavits. Potok, an official with the Southern Poverty Law Centre, which instigated the attack on the National Alliance’s legacy, provided two affidavits heavy with name calling — “neo-Nazi, white supremacist” — and light on facts. Under New Brunswick legal rules of procedure, affidavits presented in an application must be strictly limited to facts within the knowledge of the person swearing the affidavit.
Oddly, the judge did not exclude two Audits of Anti-Semitic Incidents attached to their affidavit by intervener the League for Human Rights of B’nai Brith. The Audits do not even mention the NA, which has not been active in Canada for many years, and are almost entirely second or third party hearsay and speculation.
“The judge’s ruling will help them keep to the facts,” Mr. Lodge commented. “We are focused on keeping the state and courts out of wills,” he added.
CAFE intervened to prevent hyped up emotionalism and the vilification of a beneficiary from thwarting the clear intention of a testator. “Beneficiaries must not be subjected to a politically correct litmus test. That would be a legal revolution and a huge break with our Anglo-Saxon legal traditions,” said CAFE Director Paul Fromm.
Judge Grant also set November 29 as the deadline for the parties to file further affidavits. December 9 will the deadline for filing further motions.
A full hearing will occur in January or February.
Please Help CAFE Defend Free Speech from Those Who Would Submit Beneficiaries to Some Politically Correct Litmus Test
Robert McCorkill died in 2004 and left a substantial collection of ancient coins and artifacts to the White Nationalist National Alliance. The ant-free speech U.S. partisan group called the Southern Poverty Law Centre has vowed to kibosh the bequest. Joining the hitherto silent — for nine years! — sister (who, though claiming straitened circumstances is represented by a pricey Moncton law firm) is the Attorney General of New Brunswick, the League for Human Rights of B’nai Brith and the Centre for Israel and Jewish Affairs, all seeking to overturn the will.
CAFE has joined the fray to support the Estate and the principles of free speech and private property. “Subjecting beneficiaries to a politically correct litmus test is a frightening assault on freedom of speech and the right of a person to bequeath his property to whom he pleases. It is a shocking step down the road the state tyranny and the triumph of restrictive cultural Marxism,” warns CAFE Director Paul Fromm, who nonetheless welcomed the adjournment.
“They latest delay, gives CAFE a few more weeks to raise the money needed to fund our intervention in this crucial case,” he added.
Time is of the essence. The case goes to Court December 9. WE NEED YOUR HELP! CAFE, Box 332, Rexdale, Ontario, M9W 5L3 __ Here’s my donation of ____to help CAFÉ’s autumn programme, including the intervention in the McCorkill legacy case. __ Please renew my subscription for 2014 to the Free Speech Monitor ($15). lease charge ______myVISA#______________________________________________________________________________________________________________
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