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Jian Ghomeshi alleges firing due to Fifty Shades of CBC

Good2Golf

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Could the sexual assault victims now pursue civil litigation in the same manner that the Simpson and Goldman families pursued OJ Simpson (and succeeded) with civil litigation after the state's criminal prosecution failed?    ???

Regards
G2G

 

Oldgateboatdriver

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recceguy said:
Now, I hope Ghomeshi sues CBC for wrongful dismissal and gets a big chunk of that $675 million that was given to CBC.

Which he would lose anyway.

The standard of proof in civil matters (which covers employment) is balance of probability (i.e. a fact is more likely to have occurred than not). Moreover, the actual conduct he engaged in, which he did not deny engaging in, just that it was consensual, is still one that does not befit a celebrity like him who wishes to stay "on the air".

It reflects badly on the CBC to employ someone like that, and that would be sufficient to warrant dismissal.
 

Bird_Gunner45

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Good2Golf said:
Could the sexual assault victims now pursue civil litigation in the same manner that the Simpson and Goldman families pursued OJ Simpson (and succeeded) with civil litigation after the state's criminal prosecution failed?    ???

Regards
G2G

I would be interested to see if there is any military investigation into Mrs DeCoutere's testimony as she is a current serving officer in the CAF. Op Honour?
 

mariomike

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Good2Golf said:
Could the sexual assault victims now pursue civil litigation < snip >

Jian Ghomeshi could still be target of civil case, lawyer says
http://globalnews.ca/news/2598761/jian-ghomeshi-could-still-be-target-of-civil-case-lawyer-says/

Saw this in the above article,

The Ghomeshi ticket.  "Court lady says the last time she handed similar ones out were for the Bernardo trial."
 

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Scott

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GR66

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Oldgateboatdriver said:
Actually, Colin, the Crown prosecutors are used to this.

In our system, they don't meet in advance with the witnesses and prepare them, the way commercial lawyers will with their clients or the defence will in a criminal case. The crown attorneys rely on the evidence gathered by the police and simply offer the witnesses to the court. They ask them questions getting them to present their case, and let the defence poke holes at them if they can.

Ultimately, in theory, the Crown doesn't care if a person is found guilty or not as a result of trial. Their job is to put what evidence they have which contains sufficient facts to warrant being put to a trier of fact (judge or jury) to such trier to ascertain guilt or absence of guilt.

The people who should be wary here are the "feminists" who pander constantly  that, contrary to human nature and the whole non-verbal realm of communication, consent requires a signed contract entered into after a 50 question questionnaire on intent 5 years down the road (I exaggerate on purpose, please don't crucify me). The Court just reminded them that the issue of consent is not that straight forward that it requires a positively expressed and provable in court  "YES", and that human nature is more complex than that where criminal intent is concerned.

I'm not so sure about the highlighted portion.  A family member of mine was a Crown witness in a criminal case and had extensive preparation with the crown including mock cross-examination so that he was very clear on what to expect of the whole experience.  I don't know enough about the system to know if this is normal or if it's different for Crown witnesses vs. complainants. 
 

brihard

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Oldgateboatdriver said:
Actually, Colin, the Crown prosecutors are used to this.

In our system, they don't meet in advance with the witnesses and prepare them, the way commercial lawyers will with their clients or the defence will in a criminal case.

That has not been my experience. The crown witness coordinators will work with the crown to assist in trial preparation when circumstances merit it. Obviously this is not done all the time, and equally obviously the Ghomesi trial is a botch job. But I suspect his next upcoming trial will not feature the same mistakes.
 

mariomike

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Sheep Dog AT said:
Next trial?

Jian Ghomeshi: What does a not guilty verdict mean for his next sexual assault trial?
http://globalnews.ca/news/2598994/jian-ghomeshi-what-does-a-not-guilty-verdict-mean-for-his-next-sexual-assault-trial/

 

TCBF

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Bird_Gunner45 said:
I would be interested to see if there is any military investigation into Mrs DeCoutere's testimony as she is a current serving officer in the CAF. Op Honour?

- After her next O Group, her Sgt approaches her: "Ma'am, can you give me that O Gp again?"
  Her:  "Why Sgt?" 
  The Sgt: " I just want to see if you can tell the same story twice in a row."
  8)

 
 

TwoTonShackle

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TCBF said:
- After her next O Group, her Sgt approaches her: "Ma'am, can you give me that O Gp again?"
  Her:  "Why Sgt?" 
  The Sgt: " I just want to see if you can tell the same story twice in a row."
  8)

BZ... You could sell tickets to that event.
 

The Bread Guy

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TCBF said:
- After her next O Group, her Sgt approaches her: "Ma'am, can you give me that O Gp again?"
  Her:  "Why Sgt?" 
  The Sgt: " I just want to see if you can tell the same story twice in a row."
  8)
Tough room ...
 

Halifax Tar

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The amount of butt-hurt going on online right now, over this trials outcome, is amazing. 

 

The Bread Guy

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Halifax Tar said:
The amount of butt-hurt going on online right now, over this trials outcome, is amazing.
Like in politics, everyone has their preferred player, with a few binary-thinking folks seeing the other player(s) as evil, not worth of the air they breathe and worth trashing big time.
 

ModlrMike

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There is a frightening amount of sentiment to change the law so that the defendant has to prove the didn't assault the complainant. Quite the slippery slope removing the presumption of innocence.
 

PuckChaser

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ModlrMike said:
There is a frightening amount of sentiment to change the law so that the defendant has to prove the didn't assault the complainant. Quite the slippery slope removing the presumption of innocence.
Probably the same people who were decrying C-51 taking away due process. If the progressives have their way, we'll have a full out thought police and precognition unit arresting people.
 

cavalryman

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PuckChaser said:
Probably the same people who were decrying C-51 taking away due process. If the progressives have their way, we'll have a full out thought police and precognition unit arresting people.
If you're a progressive, 1984 is a 'how-to' manual, not a cautionary tale.  :p
 

ModlrMike

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PuckChaser said:
Probably the same people who were decrying C-51 taking away due process. If the progressives have their way, we'll have a full out thought police and precognition unit arresting people.

1984 meets Minority Report
 
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