Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Thursday, December 22, 2011

Helena Guergis Lawsuit: Former Tory MP Sues Harper, Others For Defamation

Former MP Helena Guergis is suing Prime Minister Stephen Harper, Conservative MPs Shelly Glover and Lisa Raitt, the Conservative Party of Canada and a number of other individuals for defamation and other claims.

The former member of Harper's cabinet, who had to leave the Conservative caucus in April 2010 following allegations against her and her husband, former MP Rahim Jaffer, launched the court action in Ontario's Superior Court of Justice. The statement of claim was obtained by CBC.

The unproven allegations related to drug use, fraud, extortion and association with prostitutes.

Guergis is not only suing her former boss and colleagues, but also Ray Novak, Harper's principal secretary, Arthur Hamilton and the law firm he works for, Cassels Brock & Blackwell, Guy Giorno, Harper's former chief of staff, Axelle Pellerin, a former aide to Guergis, and Derrick Snowdy. Snowdy is the private investigator from Toronto whose allegations helped spark the controversy around Guergis and her husband.

Snowdy spoke to Hamilton about Guergis and Hamilton then spoke to Novak, Harper and others, according to the statement of claim. Hamilton gave the impression that Guergis had used cocaine and engaged in other unlawful activities and that there was video evidence of it, the document suggests.

Guergis is suing Harper and most of the others named in the lawsuit for defamation, conspiracy, intentional infliction of mental suffering and negligence.

Guergis is suing for general damages of $800,000 plus punitive damages of $250,000 and aggravated damages of $250,000.

In the statement of claim, Guergis alleges that in 2010, the defendants entered into a conspiracy with each other or with some of the other co-defendants, to "engage in unlawful acts in order to remove" or justify her removal from the Conservative caucus. She says they came up with the conspiracy to serve their political, personal or financial goals and not for a legitimate purpose.

She alleges the defendants "recklessly and callously" disregarded her interests and that they engaged in "unlawful" acts. She says while each defendant may not have engaged in an unlawful act, they had knowledge of the acts and supported them.

Guergis, who ran as an independent candidate in the May election and lost, says the conduct of Harper and the other defendants resulted in damage to her reputation and her career in politics, and damaged her ability to earn income. She said it also affected her health and well-being.

Guergis argues in her statement of claim that Harper's explanation to her that he had become aware of criminal allegations against her was either false or that he "accepted the veracity of those allegations without conducting an investigation or waiting for the result of a third-party investigation" and used them to justify her removal from caucus.

As a result, the court document claims, Guergis "was pressured to resign from her position as the Minister of State for the Status of Women," and did so "under duress."

The RCMP cleared Guergis and no charges were ever laid against her.

The statement of claim says Harper's public statement made in the foyer of the House of Commons on April 9, 2010, was "made in bad faith in an attempt to discredit" her and legitimize her resignation.

None of the allegations in her statement of claim have been proven in court. The parties named in the lawsuit have 60 days to respond.

A spokesman for the Prime Minister's Office, Carl Vallee, said "the allegations are groundless and they will be refuted vigorously."

Original Article
Source: Huff 

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