Tuesday, June 6, 2023


 When it suits them courts can be sticklers for process, appearances and technicalities. When it doesn't they have no problem advising the unwashed masses that this particular case is different and that facts and objectivity are required. I have personally seen courts do back flips and contortions and raise subjectivity to an art form all the while quoting case law to back up their latest travesty of justice. It is amazing to be able to quote a past bad decision in order to repeat the "mistake". Quoting another friend (Graham) it is the "just us" system not the justice system. Hoo boy can you tell that with age my filters are eroding?

Yesterday's three hour hearing is reported in today's Waterloo Region Record by reporter Robert Williams and is titled "Three judge panel reserves decision at Burjoski hearing". Also I might add that the hearing was virtual and that yours truly among others attended the entire hearing. In my opinion the reporter has gotten to the gist of the hearing. All parties agree that Ms. Burjoski was polite and professional in her presentation seventeen months ago and conducted herself well for the four minutes she had before being given the boot by Board (Trustees) Chair Scott Piatkoski. Her lawyer advised the court members, of which oddly not all three had seen the video of her Delegation, that at no point had she violated the Ontario Human Rights Code. Indeed I have seen the transcript of her Delegation and would only disagree if the Ontario Human Rights Code is so brazen and stupid as to somewhere have a sentence conferring magical powers to school boards allowing them to read minds and predetermine what Delegates are about to say ahead of time. 

The school board's lawyer however suggested that while Mr. Piatkowski may not have the qualifications or training to make on the spot judgements regarding violations of the Human Rights Code that he certainly has the duty and obligation to use his authority to stop what he believes to be a violation of the Code as it is his duty apparently to keep schools and school functions safe spaces for minority groups such as the LGBTQ2s etc. community. 

Under this presupposed and premature jumping of the gun I guess that soon we can see police officers pulling guns and shooting senior citizens whose canes and walkers they believe might be lethal weapons that the seniors are planning to attack with. And a hundred other examples of the stupidity of this logic. Perhaps expressing a harsh opinion that LGBTQ2s etc. communities are either unworthy or even more extreme (unworthy of protection) should be halted or resisted, but doing it in advance simply by guessing what a Delegate is going to say or in Mr. Piatkowski's case hearing code words and phrases that nobody else has heard is outrageous, ridiculous and plain asinine. 

Let's see if this court hearing consisting of three judges can get it right. If they can't then shame on them as well as on the Trustees.    

No comments:

Post a Comment