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“Artistic expression about sexual assault and harassment,” Ms. Birenbaum told the court, “is the highest artistic expression.”

I am without words. And living on another planet. Obviously. (Gratefully, too.)

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May 21, 2023·edited May 21, 2023Liked by Brad Cran

It’s baffling that a Canadian woman lawyer can say without shame that a female accuser who admitted in a previous court hearing that she lied about CBC lawyers wasn’t lying. What are these allegedly intelligent lawyers learning in law school? Clearly they missed the classes on how to argue a case. Or they think the appellate judges and the public are so stupid they can say anything and call it a legal defence.

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May 21, 2023Liked by Brad Cran

There is a typo in the above post. It should read …admitted in a previous court hearing that she lied ABOUT CBC lawyers believing her allegations. To clarify, this came out of a cross examination in which the female accuser of Steven Galloway admitted in court that she had made up her story about CBC lawyers believing her allegations. Then she went on to admit in this court hearing that she lied in order to get the UBC creative writing department to believe her allegations.

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author

More to come from Galloway’s lawyer and AB’s other counsel on this!

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May 20, 2023Liked by Brad Cran

Terrific work. Thanks.

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author

Thank you Michael

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May 21, 2023Liked by Brad Cran

Great, thorough analysis.

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May 24, 2023Liked by Brad Cran

It’s really surprising that appellants’ counsel appeared to be unaware of the standard of review or unprepared to respond to questions about it. A submission in the BCCA will not succeed unless it fits within the appropriate standard of review. In other words, it’s pointless to try to reargue the case if the standard of review is error of law or palpable and overriding error of fact.

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I listened to the submissions and was struck by the hypocritical commitment to free expression. These are the very activist lawyers who seek to censor when it suits their politics. Whitmore’s submission was a master class in motte and bailey style argumentation.

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author

Things get much more complicated for them during the weighing exercise which I will cover soon.

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Brad, can you please email me at valiantskipper <@> the google email service?

Many thanks, Mark Schneider

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