[Section 15] Harper, drop the lawsuit: G&M OpEd

An op-ed in today's Globe and Mail by lawyer William Caplan presents an argument hardly supportive of the Liberals, yet still calls for Harper to drop his libel suit against the Liberal Party, citing the House as being the proper place for the dispute, and calls the move to squash the tape recording a strategic flop.

I have a few qualms about how Caplan presents the manner, but no problem with his conclusions: this stuff belongs in the House, not buried in a courthouse. We, the people, are not served by sub judice.

So, what in Caplan's piece bother me? A number of things.

Harper still refuses, despite repeated questioning, to explain what he meant on the tape by "financial considerations." This is not the action of a person worried about their reputation, and has kept the rest of us wondering what went on. I'm prepared to believe that Harper knew nothing about a bribe as it may have happened, but until he answers that question directly, I'm still wondering. Indeed, I'm wondering more and more.

The Canadian public does not flock to the Liberal Party website for news (nor to the Conservative website, thank God -- is it run by stoned frat boys?). Any damage done to his reputation was done by CPAC, CBC, CTV et al. running the contents of the Question Periods later reprinted on the LPC website. Suing the Liberals over the contents of a clearly partisan website largely repeating some exchanges of a Question period or two already broadcast all over Canada is just plain silly.

And there is legal precedent in Ontario, admittedly a little remote from this case, which supports politicians repeating libel outside the House without legal penalty.

And I don't think that Cadman's credibility is seriously damaged by his not bringing the matter of the bribe up off of his deathbed. What he said then was for private consumption. Who would want to spend the last few months of their life embroiled in scandal?

And Harper has admitted being told of the bribe attempt by Donna Cadman, years ago. What did he do about it? Apparently, nothing, other then to swear to Cadman's widow that it wasn't true (how would be know for sure?). The CPC actually issued a press statement indicating this. I was amazed they admitted it.

Meanwhile, the Conservatives publish crap like this and this, not to mention those defamatory television ads, all quite actionable under Canada's libel law. Not that I advocate such suits, but, trust me, I know libel law. It can be done.

This is a public matter, and the people should decide, not a judge.


Thank you, Mr. Caplan, for reminding us how democracy works best.

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Posted By Mark Francis to Section 15 at 6/06/2008 05:32:00 PM