[5] On May 12, 2008, the Tribunal ordered that the closing arguments on the constitutional question should be delivered on June 9, 2008 and that the submissions of the interested parties be delivered by June 25, 2008.This seems to indicate that the May 5 motion filed by Marc's attorney Barbara Kulaszka requesting an extension (on the basis of additional documentation provided by the CHRC) and CAFE's May 8 motion, which echoes Kulaszka's, have been rejected.(2)
[6] Given the extremely late disclosure by the Commission of over 400 pages, this is a completely impractical and a clear violation of Natural Justice, to which this Tribunal is bound. [1] Natural Justice is not at the whim of this Tribunal, but rather IS THE law to which this Tribunal is must adhere.
[7] Because the Commission chose to disclose these very important documents at this late stage, because more disclosure is promised and because many of the documents disclosed have arbitrarily been redacted, no date for final submissions should even be considered until the current outstanding issues are dealt with. [...]
CAFE's May 13 motion raises a very disturbing question about the man presiding over the tribunal hearing Marc's case:
"[23] Recently, due to Internet searches, it has come to the attention of CAFÉ that member Hadjis has on numerous occasions worked with the Canadian Jewish Congress, who have received Interested Party Status in these proceedings over the vigorous objections of the Respondent.1) See Ezra Levant on natural justice.
[24] On November 26, 1997, Athanasios Hadjis issued a joint press release with the Canadian Jewish Congress denouncing Jacques Parizeau, claiming that Mr. Parizeau “blame[s] particular communities around the result of a democratic process” Mr. Hadjis went on to say that "such an attitude is irresponsible as it contributes to the exacerbation of tensions within our society.". The Canadian Jewish Congress states in its press release that the CJC and Mr. Hadjis’s Hellenic Congress of Quebec are a “coalition”
[25] The Canadian Jewish Congress has received interested party status in this case, granted by Member Hadjis.
[26] The fact that Member Hadjis has worked closely with one of the Interested Parties in this case is of great concern to CAFÉ, and this fact should have been revealed when the Canadian Jewish Congress was seeking interested party status. In fact it was Member Hadjis’s duty to inform all parties of this potential conflict of interest and accept submissions on this matter.
[27] How impartial can Member Hadjis be, when his former “coalition” partner is an interested party on a case he is sitting on? [...]
2) See FreedomSite for the March 5 and 8 motions.
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