Monday, March 29, 2010

What Earle's Lawyer Said Before Walking Out on Hearing

[UPDATE: Watch video of James Millar's press conference in BCHRT hallway]

About an hour into the hearing, James Millar - lawyer for the absent Guy Earle - asked for a brief stand-down so he could telephone his client. When the hearing resumed, he addressed the Tribunal and said to chair Murray Geiger-Adams:

(transcribed from digital recording)
I'd like to stress... that I find it's difficult because of my obligation as a lawyer and my commitment to the courts, the tribunals. I've practiced for 30 years and never been in a situation quite like this...[unclear]

You're not listening to me. You're not interested in what the Supreme Court of Canada has said, you're not interested in what the BC Supreme Court has said on this issue - [Geiger-Adams begins to interject but stops] - and I'm saying to you, that I'm put in this position, and you have put me in this position. You're proceeding illegally, I have to leave this proceeding because it is an illegal proceeding against the rule of law.

You can't wait to decide your jurisdiction, you can't put somebody through this for three years, go to the Supreme Court, not follow what the Supreme Court judge said, put this guy through it - put these people through it - for three years and not even make a decision concerning your own jurisdiction.

Talk about an abusive process, this is high-handed and I have to - I cannot consent to it, because my staying here would show the respect that I have for the Tribunal. But I would be consenting to what is an illegal process and as a lawyer I don't think that's a very good way to go. So I have to leave the proceedings. I do so regretfully, and I do so with the greatest respect for the Tribunal. And I look forward to the reasons of the telephone conference which will permit me to file...[unclear]

[putting on coat, leaving room]

I do so very regretfully. It's too bad you wouldn't listen.
A minute later, the hallway press briefing happened. Video in previous post.

Coming next: Lorna Pardy's testimony, her side of the story.


  1. Thanks, Bullet! It seems that Millar can't figure out if he has any respect for the Tribunal or not...

    Looking forward to Pardy's story.

  2. Too bad Millar has to conform to the normal polite pattern by expressing respect for the Tribunal. Whether or not he respects them let me be clear: I don't. Reading about their activities for the past several years I have developed feelings of utmost contempt for them. Millar did the right thing.