Sue's Blog

Wednesday, August 16, 2006

POLLING TIME and JUDGEments MADE

So Danny is making the head rounds in the media circle - at least those who please him.
I mean ya know to be quite honest witcha we have put out hundreds of News Releases not just during the polls.
Hey Premier, I mean ya know to be quite honest witcha I was wondering about the 2 day poll & pony show hitting the province.
Running List 2 days openline
Premier
Tom Rideout
Diane Whelan
Clyde Jackman x 2
Shawn Skinner
Harry Harding
Charlene Johnson
Joan Burke
Kathy Goudie
Loyola Sullivan
Jim Hodder

IT'S POLLING TIME

Now let's get down to Danny and the Judge - whether the Premier demonstrated a complete lack of respect for the judiciary.
Well - Bill Rowe articulated his position yesterday where he felt that what Danny said was simply big ugly men able to fend for themselves. He also claims that Justice Halley started it by saying the word reprehensible thereby throwing himself onto the political heap.
In my opinion that comment was just slightly worse and more irresponsible than what the Premier said.
Here's why - The Justice did not use the word reprehensible respecting politics he said reprehensible respecting the treatment of Max Rulokke by the government of Newfoundland and Labrador. Government Mr. Rowe - not the Liberal NDP or PC party. Further the use of the word reprehensible is justified when the law is as clear as the Atlantic Accord Implementation Act is respecting this matter.
Further Mr. Rowe, you must know and not claim ignorance to the correct process of amending laws - and in this case a federal/provincial statute. The Premier and his conservative colleagues in Ottawa could agree to change the roles within the CNLOPB by simply amending the legislation to deal with that. Dragging an innocent human being through this process, gutlessly, instead of using correct procedure is, in fact, reprehensible.
Mr. Rowe if it helps you in any way I will post the relevant section of the Act so you may take the time to simply read it. In that way you may see your way to understanding why some of us find the Premier's behavior inappropriate if not scary.

Below is the Section of the Atlantic Accord Implementation Act that deals with selecting a Chairperson of the CNLOPB

Please read it carefully!

Note particularly subsection 6

Each and every process was followed and as such Rulokke won!


Consultation and appointment of chairperson

12. (1) Consultation between the 2 governments with respect to the selection of the chairperson of the board shall be considered to begin

(a) 6 months before the expiration of the term of office of the incumbent chairperson; or

(b) where applicable, on the date of receipt by the board of notice of the death, resignation or termination of appointment of the incumbent chairperson,

whichever occurs earlier.

(2) Where the 2 governments fail to agree on the appointment of the chairperson of the board within 3 months after the beginning of consultation between the governments, the chairperson shall be selected by a panel, consisting of 3 members and constituted in accordance with this section, unless, prior to the selection of the chairperson by the panel, the 2 governments agree on the appointment.

(3) One member of the panel shall be appointed by each government within 30 days after the 3 months referred to in subsection (2).

(4) The chairperson of the panel shall be appointed

(a) jointly by the 2 members of the panel appointed under subsection (3) within 30 days after the later of the 2 appointments made under that subsection; or

(b) where the 2 members of the panel fail to agree on the appointment of the chairperson of the panel within the 30 day period referred to in paragraph (a), by the Chief Justice of Newfoundland and Labrador within 30 days after the expiration of that period.

(5) The chairperson of the board shall be selected by the panel within 60 days after the appointment of the chairperson of the panel.

(6) The decision of the panel selecting a chairperson of the board is final and binding on both governments.

emphasis added to subsection 6

Each of the subsections were properly employed and now we are to subsection 6
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What Danny said about the Judge not the court system in the province or country was "maybe he got up on the wrong side of the bed" - in other words a personal attack.
If it is okay to say that what prevents somebody from saying this or that judge called my behavior reprehensible because they hard a night? Nothing - because the Premier has set the bar.
Yes Danny should apologize and explain to people that this type of personal attack is not appropriate.
The fellow who spoofed the Premier's email is now being charged with defamatory libel - really and that is different how?


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