Kangaroo Kash Kontributors

According to Elections Canada, Anil K. Pandila contributed to the Liberal Party of Canada in 2003.

If this is the same Anil K. Pandila that chairs the Saskatechewan Human Rights Kangaroo Court Tribunal, then I have a problem with such individuals making any contribution to any political party. It causes me to doubt their impartiality.

Speaking of Human Rights, according to the Charter of Rights and Freedoms, here are some highlights worthy of review:

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

8. Everyone has the right to be secure against unreasonable search or seizure.

9. Everyone has the right not to be arbitrarily detained or imprisoned.

10. Everyone has the right on arrest or detention
a) to be informed promptly of the reasons therefor;
b) to retain and instruct counsel without delay and to be informed of that right; and
c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

11. Any person charged with an offence has the right
a) to be informed without unreasonable delay of the specific offence;
b) to be tried within a reasonable time;
c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
e) not to be denied reasonable bail without just cause;
f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

I object to the administration of justice through Kangaroo Kourts Tribunals. A person should have the right to tried before a jury of their peers where the potential exists to gavel down fines like these - what if 20 people joined this complaint? 100? at $5000 each, a point is reached where trial by jury is warranted.

Furthermore, your accusers don't even have to be present in order to cash in on your tribulations:

The Complaints of James Komar and Kathy Hamre

Neither of these Complainants was able to attend the hearing and provide evidence. Apparently Kathy Hamre was out of the country and James Komar was unable to attend for health reasons. Accordingly there is no direct evidence as to the specific impact of the flyers on these two Complainants. There is however the testimony of Gens Hellquist as to the general impact of the flyers in the gay and lesbian community. In addition, under s. 31.4(a), compensation can be granted to up to the maximum where a person has wilfully and recklessly contravened any provision of the Act. As previously stated, there is evidence of the widespread distribution of the materials before the tribunal and Whatcott’s zealous belief in his moral obligation to continue speaking out in any manner he sees fit against the gay and lesbian community.

In all of the circumstances therefore, I direct William Whatcott to pay to James Komar and Kathy Hamre, the sum of $5,000 each for his wilful and reckless actions in contravening s. 14 of the Code by distributing or causing the flyers to be distributed and as compensation for loss of their dignity, self-respect and hurt feelings.

Read the whole decision here.