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<\/a>[1]Report and Recommendations of Board of Review (Report) at 33 (my emphasis).<\/p>\n<\/div>\n
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<\/a>[2]Under the FPO, Sears and Ste. Germaine may use Canada Post for personal purposes but are banned from using the postal service to distribute YWN or other \u201csubstantially similar\u201d material.<\/p>\n<\/div>\n
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<\/a>[3]It is rumoured that the Review Board was informally assisted by a law professor; if this is true, it was not disclosed to the parties and is yet another troubling irregularity in this process.<\/p>\n<\/div>\n
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<\/a>[4]On March 21, 2017, the AG provided the names of individuals who might have been the subject of defamatory libel, and on January 3., 2018, almost 20 months after the IPO, the Attorney General advised that the alleged hate propaganda was against Jews.<\/p>\n<\/div>\n
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<\/a>[5]The author and CFE took the position throughout that the Minister\u2019s failure to give reasons was a fatal defect and determinative of the proceedings; in the circumstances, we nonetheless participated in the hearing on the constitutional issues.<\/p>\n<\/div>\n
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<\/a>[6]Ruling on Preliminary Issues at 7.<\/p>\n<\/div>\n
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<\/a>[7]It is unclear whether the Board misunderstood counsel; even if it was aware of her position that the hearing should be limited to the constitutional issues, the Board would have heard the evidence and submissions on hate propaganda. As the Report declared, \u201cthe Board [was] not prepared to limit its report to constitutional issues only\u201d. Report at 11.<\/p>\n<\/div>\n
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<\/a>[8]Ruling on Preliminary Issues at 6, 7.<\/p>\n<\/div>\n
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<\/a>[9]Apart from the preliminary issues and constitutional submissions, the Minister did not participate in the proceedings.<\/p>\n<\/div>\n
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<\/a>[10]See Report at 37 (stating that the absence of reasons was problematic, adding that the Board was not able to determine whether the Minister turned her mind to the issue of balancing\u00a0Charter\u00a0<\/em>values and, if she did, whether she concluded that no balancing was required or intended the IPO to reflect a balancing exercise).<\/p>\n<\/div>\n
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<\/a>[11]Report at 15-19; 20-22; 44-45; 47.<\/p>\n<\/div>\n
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<\/a>[12]Report, at 37.<\/p>\n<\/div>\n
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<\/a>[13]Report, at 38.<\/p>\n<\/div>\n
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<\/a>[14]The author and CFE took the position that the IPO was a prior restraint and absolute ban; we did not participate in discussion of the Minister\u2019s discretion to narrow the order and offered no view on the issue of statutory interpretation.<\/p>\n<\/div>\n
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<\/a>[15]The Board incorrectly concluded that the duty to balance\u00a0Charter\u00a0<\/em>values under\u00a0Dor<\/em>\u00e9<\/em>did not apply to a blanket ban; the Minister had a duty under the\u00a0Charter\u00a0<\/em>to balance constitutional values whether the IPO imposed an blanket or partial ban on access to postal services.<\/p>\n<\/div>\n
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<\/a>[16]Report at 13.<\/p>\n<\/div>\n<\/div>\n<\/div>\n
<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/section>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/section>\n<\/div>\n","protected":false},"excerpt":{"rendered":"
A TRAVESTY OF FAIRNESS: YOUR WARD NEWS, CANADA POST, AND THE CPCA REVIEW BOARD POSTED MARCH 1, 2019 BY\u00a0JAMIE CAMERON Senseless and grotesque Your Ward News\u00a0(YWN) is a publication of unremitting offensiveness \u2013 in truth it is little more than … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[545,891,358,355],"_links":{"self":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/2704"}],"collection":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2704"}],"version-history":[{"count":2,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/2704\/revisions"}],"predecessor-version":[{"id":2706,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/2704\/revisions\/2706"}],"wp:attachment":[{"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2704"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2704"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cafe.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2704"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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A TRAVESTY OF FAIRNESS: YOUR WARD NEWS, CANADA POST, AND THE CPCA REVIEW BOARD<\/span><\/h1>\n\n\n\n\n\n\n\n\n\n\n\n<\/a>POSTED MARCH 1, 2019\nBY\u00a0JAMIE CAMERON<\/a><\/small><\/div>\n<\/div>\n\nSenseless and grotesque<\/strong><\/p>\n