McCorkill Appeal Delayed as Judge Recuses Herself for Having Accepted Leonard Foundation Scholarship 40 Years Ago
Just 48 hours before the New Brunswick Court of Appeals was to hear CAFE’s appeal against the decision of Justice William Grant, one of the three member panel Madame Justice Margaret E. Larlee recused herself. Her reason was that some 40 years ago she’d received a scholarship from the Leonard Foundation which offered assistance to White Protestant applicants.
The appeal is crucial as Justice Grant of New Brunswick’s Court of Queen’s Bench overturned the will of Robert McCorkill who willed the bulk of his estate of old coins ans artefacts to the National Alliance in the U.S. The appeal is vital to freedom of belief and property rights.
CAFE intervened on behalf of the executor of the estate, “This is a vital freedom of speech, freedom of belief and property rights issue,” says CAFE Director Paul Fromm,.
This morning (March 17) the parties were advised: ” The Honourable Madame Justice Larlee has decided to recuse herself from the panel for the Appeal, which is scheduled in the above-noted matter on Thursday March 19, 2015. The matter will therefore need to be rescheduled by the New Brunswick Court of Appeal.”
CAFE’s lawyer received no notice of any objection.
Wikipedia explains: “Under the Leonard Foundation terms, bursaries were made available to students who were white, British subjects, andProtestant and no more than one-quarter of the moneys could be awarded to females. The goal was to provide financial assistance to needy students who showed the promise of becoming leading citizens of the British Empire. A complaint filed against the Leonard Foundation under the Ontario Human Rights Code in 1986 prompted litigation. The Ontario Court of Appeal held in 1990, that the trust’s exclusionary terms relating to race, religion, nationality, and gender were contrary to law.”