Showing posts with label Jason Kenney. Show all posts
Showing posts with label Jason Kenney. Show all posts

Wednesday, 8 April 2009

Court rules on CAF injunction

Recently Jason Kenney, the Clown Prince of Cabinet, announced he was cutting of government funding to the Canadian Arab Federation because of its stance on the recent Gaza war - accusing CAF of being anti-Semitic. CAF went to court to seek an injunction to continue the funding. The court ruled today and while the emergency injunction was not granted since the ESL program CAF ran can be run by other groups the ruling does open the way for Kenney's decision to be overturned when a full hearing into the matter is held. Here is the conclusion of Justice Kellen's ruling.


[30] Does the Minister of Citizenship and Immigration have the right to cancel the contract with the Canadian Arab Federation for this ESL program for new Canadians because its president made public comments attacking the Minister’s political positions and personal character? Is it appropriate for government to cancel the contract because the Canadian Arab Federation loudly protests the Israeli invasion of Palestine, and calls a Canadian cabinet minister a name for not opposing the Israeli invasion?

[31] Being a target of public criticism is part of holding political office. If the Minister decided to cancel the English as a Second Language funding contract for the Canadian Arab community simply because he was called a name in the heat of a political protest against the Israeli attacks in Gaza, his decision should not stand. It was not unexpected that the Arab community would be repulsed by Israel’s invasion of Gaza. Naturally, the Arab community was upset that the Canadian government did not strongly protest this attack. Many reputable Canadian Jews were similarly opposed to Israel’s attack on Gaza.

[32] However, the Court recognizes that Mr. Kenney alleges that the Canadian Arab Federation is racist, anti-Semitic, and a supporter of a terrorist organization and that it was for these reasons that he cancelled the contract, and not because he was called a name.

[33] Regardless of his reasons for cancelling the funding contract, the Minister clearly owes a duty to the Canadian Arab Federation to give them notice that he intends to cancel the contract, provide the reasons for cancelling the contract, and give the Canadian Arab Federation an opportunity to respond before making his decision. The Minister may have breached the duty of fairness in this regard. For that reason the Minister’s decision may be set aside by the Court after a full hearing. This is a serious issue, an elementary principle of administrative law, and the Minister and his officials must act according to the law.

[34] In this case the Minister has made arrangements so that the CAF employees working exclusively on the LINC contract will continue to be employed and the LINC program will continue. Accordingly, the employees of the Canadian Arab Federation and the community that it serves will not suffer irreparable harm. As a result, the Court will not grant an interim injunction. At the same time, this application for judicial review of the Minister’s decision can proceed and the Canadian Arab Federation may obtain a decision declaring that the Minister’s decision was illegal. Following that, the Canadian Arab Federation may be entitled to commence an action for damages, but that is all in the future.

[35] On the other hand, at the full hearing of this application to set aside the decision of Minister Kenney, the Minister’s evidence may satisfy the Court the applicant should not be extended funding for the reasons cited by Mr. Kenney, namely anti-Semitism, hate mongering and support of terrorism. The Court will decide this question after a full hearing of the evidence on both sides.

[36] For these reasons, this motion for an interim injunction must be dismissed.

The full decision can be found here.
Recommend this Post

Friday, 3 April 2009

Galloway sues Farber, CTV, Kenney, Velshi

On Wednesday, I was the first to report that British MP George Galloway was suing Bernie Farber and CTV for libel. Today, Canadian Press reports on this and adds that he will also be suing Immigration Minister Jason Kenney and Alykhan Velshi for remarks they made about him.

This should get interesting. Let's home he finds cause to add the human troglodyte Meir Weinstein to the list.
Recommend this Post

Friday, 20 March 2009

Kenney vs Velshi

Reading the New York Times' lexicological take on Canada's decision to bar British anti-war MP George Galloway from entering our fair land, I'm left wondering about the dynamics in the relationship between Minister of Immigration Jason Kenney and his aide Alykhan Velshi. It's quite clear who the brains is in the outfit. Velshi reaches back three centuries to find what he feels is the right word to describe Galloway as an "infandous street corner Cromwell." Infandous, which according to the Oxford English Dictionary hasn't been used in English since 1708, means something approximating 'unspeakable' or 'too odious to be mentioned'. Meanwhile Kenney, in an interview with Channel 4 News in Britain was somewhat less articulate telling the presenter that he isn't going to let Galloway "pee on our carpet". Kenney's language better reflects the actual thought processes of the government as the decision to bar Galloway from entry is infantile. Of course, we shouldn't assume that Velshi's seeming ability to find just the right arcane word is a result of a love of language - it may be the product of a love of death metal which, given our government's ideology, is not out of the question.
Recommend this Post