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Next time I shall just punch him in the face

edit secondgenerationradical 2008-09-07 19:12 UTC 61 comments

A simple criminal trial for assault, with the defense of provocation, would be a picnic compared to what I have gone through.

The Court chose not to deal with the issue of why Chapters employees, if they heard what was going on prior to the "fucking Jew" statement, should not have had a duty to protect their guest.   Instead the Court just chose to talk about my inappropriate response to being called a "fucking Jew".   What is an appropriate response?   Next time I shall just punch the guy in the face, if he says that to me.

The police chose not to charge these fine gentlemen (elevated by the Court to being my "proverbial combatants" - were they invited to participate in some game of combat?).  No Jewish or non-Jewish organization made a public statement asking them to do so.   The police told me I should drop my complaint or they might charge me with something.   I should have asked them to go ahead and charge me.

And after all the effort I put in to seeking a clear judicial pronouncement of what exactly I said that is supposedly racist in Canada and comparable to what was said to me, what do we hear from the Court:

"It appears clear and I find as a fact that Mr. Rotberg said something in response to

the second heckler's racist epithet that was unpleasant to listening ears and which

was noted by most such listeners. Reports of the precise content of his statement

varied.”

Ok, I said something "unpleasant to listening ears" and reports "of the precise content of his statement varied".

What a waste of my time.  Next time I punch him in the face.

Instead of an actual judicial finding of what was said, we got caught up in the Small Claims Court process of allowing written statements to be used as evidence.   Frankly, I thought the written statements of Chapters' employees were so contradictory of the facts, the chronology of what happened and who said what, the Court would discount them in favour of what we considered was a reatraction by one key employee and oral evidence, of myself and Professor Maoz.   Instead the Court talked of "the flavour of my utterence and how I reflected an "us versus them" mentality.

Dammit, it is us versus them.   It is me, a lawyer with a 20 year distinguished record as a lawyer, followed by a career developing affordable rental housing in converted heritage buildings for low income working people, heading up a large warehousing company and writing three books in five years, versus people who shout down lectures, saying the author has no "right" to speak, and is a "fucking Jew".    Next time I punch him in the face.

Just read the words:

“It seems to me that in the context of how the exchange had developed, Mr.

Rotberg had launched into references to people from the Middle East who come

to Canada with views that are different from those which prevail here. His

comments, like his presentation, were focused on those described as Islamists.

The entire tenor of the exchange, from the perspective of both the hecklers and

Mr. Rotberg, and therefore of the others in attendance who heard the exchange,

was an "us and them" outlook on conflict in the Middle East.

On balance, it appears likely that Mr. Rotberg's intended retort was directed at

those described as Islamists who come here from the Middle East. I need not

attempt to define the precise words used. I accept that the version of those words

recorded by Ms. Al-Halimi and other witnesses may have been inaccurate in

minor respects, but it appears probable and I find as a fact that they captured the

flavour of Mr. Rotberg's utterance with reasonable accuracy. His retort was to

describe a group of people as terrorists and his intent was that the two hecklers

with whom he had directly engaged in this angry exchange be included within his

generalization.”     

Fellow Canadians, do not try to defend our freedoms from people coming here to take them away, because that is racist.   Just surrender now, or punch them in the face.

The Judge chose to repeat certain evidence in his Judgment and ignore certain evidence.   He mentioned that I had been President of the Synagogue in Kitchener, but ommitted all the evidence of my years in working in Race Relations, my writing career for the fine multicultural magazine edited by a wonderful Egyptian Muslim lady, called Cross Cultures.    All of that was not relevant, but my presidency at the Synagogue was.   Draw your own conclusions.   If all that work that I did over many years is not relevant, it teaches me something:   Next time just punch him in the face.

Comment #1pok

2008-09-07 21:56:46

with brass knuckles

Comment #2Seraphic Single

2008-09-08 00:06:13

Oh dear! I am so sorry. If I am ever in your position, I will certainly have all my readings videotaped or recorded.

Comment #3Revnant Dream

2008-09-08 02:22:29

In this mad ERA, did you really expect any Justice Mr. Rotberg? We need a complete overhaul of this society. One law for everyone again, not this group tribalism garbage. Freedom of religion but no blasphamy laws to use in Lawfare to create an official protected religion. The CHRC must go. As Ezra Levant says. Fire them all! Bring Civic courses back in schools. History taught again, not political theories. Particularluy the toxic totolitarian neo-marxism of today's ERA. This has laied waste millions of lives & destroyed whole Nations.

More referndums. Less government, & with that we have a an elected sentate & other ways to distribute power. Revamp our legal societies, they have been overun by socialist dogmatists along with teachers unions & with there social engendering administrations.

As a free people I fear we have lost our way & our vision has faded.

If we don't, than this Nation is lost & will fade from memory as a more robust  people & ideology take over.

JMO

Comment #4Bob Devine

2008-09-08 07:55:12

I am sorry it had to come to this for you. I am a retired truck driver and if that crap had happened to me or mine the SOB would have been looking for a new nose to breathe through.  I wish I could offer more support than that but that is all I can do.  Thank heaven for me I am close to the end of my string and I won`t have see my ideals go any farther down the sewer.  I hope people like you keep fighting for what is really right  not what the PC dick heads that abound today say.

Comment #5bob Devine

2008-09-08 07:59:47

P S. If any of you PC jerks want to meet me I am in the cell phone phone book for the Red Deer Ab area.

Comment #6Voltaire's Bastard

2008-09-08 13:21:52

A bittersweet outcome for you Mr. Rotberg. Your publishing company was exonerated but you were dehumanized by the new Canadian multi-tiered justice system.

Canada's courts ceased dispensing justice equally when “Progressives” (cultural Marxists) thought it best our public institutions abandon the absolute equity of fundamental justice and start obsessing over identity group politics instead. Some label this deranged orthodoxy as "multiculturalism" but the reality is it is simply Marxist class egalitarianism experimenting in race, gender and ethnic identity politics.

As with all ad hoc "progressive" cultural experiments, the rules for this game are made on the fly. Does race trump gender? Which group identity needs more affirmative action than others? When persecuted identity groups clash which one is more "disadvantaged" than the other? - And on and on the dissolute process of trying to make this demented prejudicial orthodoxy relevant in a nation that once had full egalitarianism in its rule of law.

Today the courts and public systems focus on the hyphen in your citizenship. Your "hyphen" is your group identity tag and your group identity determines the amount of entitlement you receive from state institutions (in this case; justice entitlement).

Mr. Rotberg you were not tried as a Canadian citizen, you were tied as a Jew, and apparently in the arcane doctrine of identity group pecking order this does not trump "Islamists", at least not at this moment , but that can change.

Thus the seemingly deluded judgement. However the judgement makes perfect sense IF you understand that that justice is no longer dispensed in our courts and identity politics has rendered section 15(1) of the charter void. We operate under 15(2) identity politics.

 As far as "punching" a belligerent insulting racist goes, before you do, do a fast priority calculation of the identity group he comes from - does his group victimology status trump yours?  If not, this is a "hate crime" just as your spoken reaction was deemed racially-culturally "inappropriate".

Equality before the law no longer exists. Your group identifier determines the amount of affirmative state entitlement you receive in the work place or the courts. You just found out the hard way Mr. Rotberg.  I can tell you are an honest and idealistic man because this political realization came to you late in your learning curve and at a heavy cost.

 Just be glad you were not deemed to be in the “exploitive oppressing majority” identity group, things would have been far worse for you.

Comment #7Gord MacDonald

2008-09-08 19:15:18

'

 There is one language these f*ckers understand - and it is not issued by judges. (These guys have the legal system by the b*lls - and they know it. They need a lesson in 'humility')

.

Comment #8truewest

2008-09-09 02:20:03

Howard,

How you can spend 20 years as a lawyer and still not be able to make sense of this judgment is a mystery. Let me see if I can give you a gloss on it and save you the money a fruitless appeal will cost you.

The judge assumed without deciding that Indigo owed you a duty of care to protect you from abusive hecklers. To the best of my knowledge, no such duty has been recognized by courts in the past, so you're trying to break new ground, which requires you, under the Anns/Coopers test,  to show that a) there was a sufficient relationship of proximity between you and Indigo that they had a duty to protect you from the hecklers and b) that there are no policy reasons why that duty should not be negatived.

You might get past the proximity test, particularly if Indigo invited you to read, but even that's by no means certain. But even if you do, there are a number of policy reasons why Indigo should not be expected to shut up those unpleasant folks who heckled you. Chief among these is that to recognize that duty would oblige businesses and organizations like Indigo to silence those who take issue with opinions expressed by those they have invited to speak at events. It would, in effect, force businesses and organizations that traffic in expression not only to play the role of free speech referee, but to favour the invitee in all instances.

Protecting the people you invite to speak in public from abusive hecklers might be a good business practice and it might be good manners. I don't see that it's a legal obligation, giving rise to a claim for damages.

I'll spare you my advice on your defence of provocation.

Comment #9secondgenerationradical

2008-09-09 02:42:58

Thanks to Truewest for raising the legal issues involved.

I don't think the proximity test is a tough hurdle, especially when Mantua and Indigo had a close business relationship where the author's appearance would reward both parties with book sales.

In terms of public policy, it is bad public policy to encourage book store employees, where the employer has an interest in having the lecture completed, to give their sympathies and support (i.e. one young Muslim employee stood by smirking) not to the invited guest, but to people whose purpose there was to stop the event and stop the free exercise of expression by an invited guest.

The other issue that you did not raise, but which is very much part of the legal equation is whether Chapters, especially its PR director, Ms. Gaulin, owed some duty not to put out a statement of vile moral equivalence between their guest (whose book they had an interest in promoting along with the publisher) and the thugs who not only said he had no right to speak, but that he was a "fucking Jew".  I myself think there is a duty to investigate, which could easily have been discharged by something other than a quick effort of hearing some allegations that the author made a patently absurd allegation that "all Middle Easterners are terrorists".

That is, the standard of care by Indigo can be quite a low, but in this case it was not met.   The reason it was not met, is clearly an animus for politica/ideological reasons and perhaps even (dare I say it) racist reasons.   Think for a minute if Indigo would have treated a Muslim author the same way.

We have an important public policy issue of creeping, and creepy, tolerism.

I appreciate that you view the legal issues differently, but I thank you for expressing your opinion.  My culture is to welcome divergent opinions, as we all learn from the interplay of ideas.    I wish everyone had the same position on that.

Comment #10Brutus

2008-09-09 03:02:09

My god, what is going on up there in Canada? Really frightening stuff. Try to stay strong, and know that many people are in solidarity with you.

Comment #11Simon Fleischmann

2008-09-09 10:51:32

Mr. Rotberg, there is an old adage in the Canadian race relations sector that I heard frequently during my 15 years of employment therein, and it goes like this: Scratch a Canadian and you uncover an anti-francophone. Scratch a second time and you uncover an anti-Semite."

Canadians - though sanctimonious to a fault - are deeply anti-Semitic. Canadian immigration policies seem to favour immigration from cultures which traditionally harbour deeply anti-Semitic characteristics (the Middle East comes to mind).

With Canada's lefty intellectual set entrenched in ALL political parties, you can bet your boots that it'll be a case of "...plus ca change, plus c'est la meme chose..." in the years ahead.

The best case scenario is that the USA gets upset at what's happening just to the north of it and decides to ensure that all these lovely natural resources don't fall into the wrong hands...

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