50 Replies to “Jaworski Victory”

  1. A good victory but one that should have never been fought for in a truly free society in the first place.
    Now to sue for all legal and psychological damages!!

  5. The real problem is that there is no penalties for officialdom when they flagrantly violate the basic rights of decent people. You can rest assured that a Hells Angels picnic would be left alone.
    Sounds like a good job for the Governor General or his Provincial counterpart, the Lieutenant Governor of Ontario. Should write letters.

  6. You can also rest assured that this will have cost the Jaworksi family lots of $$$ they won’t be getting back.

  7. Someone must have thought they could even a few scores by siccing the bylaw officer on a perceived competitor and general nuisance. What has now been highlighted is the potential for abuse when bully’s think they have the upper hand against those they regard as helpless. It also raises questions about why given the massive power invested in by-officers, their efforts when dealing with true law breakers seem so ineffective and drawn out.

  8. The politicians responsible for this tragedy were defeated in the 2010 Fall municipal election in Ontario. The nasty bylaw enforcement officer remains.

  9. I wonder if the CCF could ask the courts for a ruling even though the case was dropped. Having the case dropped doesn’t mean they won, rather that they didn’t loose.
    Having the courts rule that the by-law officer and the city did in deed violate their constitutional rights would be a victory for liberty.
    I’ve often wondered why, when someone acting as a representative of the crown (police, by-law, or others) does violate someones rights they are not punished. Surely violating a fellow Canadian’s clear and constitutional rights has to be one of the worst crimes an officer of the crown can commit? If not the officer, then the supervisor, if not the supervisor, the mayor, the buck needs to stop with someone and someone should be held responsible for the crown overstepping it’s bounds.

  11. I’m sure the Jaworskis are glad to have this behind them, but I’m tempted to suggest they sue.

  12. If they did not live so far away, I would attend their next meeting on their private property. (Perhaps they should advertise the date and location on SDA and other blogs.) Then I’d love to see that same by-law officer come and shut down a perfectly legal gathering – discussing freedoms of all things.
    duffman said: “Having the courts rule that the by-law officer and the city did indeed violate their constitutional rights would be a victory for liberty.” By all means they should. The courts yes, the HRC would support the by-law officer.
    The by-law officer should have some “sensitive brainwashing” therapy – just like so many accused HRC cases … shame on him. Just give a public servant a little bit of power, and they sometimes abuse it. [NOTE: NOT all public servants … some work very hard, and actually deserve praise.]
    This is just like the HRC that want to be politically correct. And this happened under Harper’s watch, while he praises Egypt for gaining their freedoms from a dictator?

  13. The municipality had hate mail from all over Canada (Iput my 2 cents worth in) and had a case of sober second thought. I think they realised they had opened up a real can of worms and were truly amazed at the backlash to their soviet style bylaw enforcement.
    Land of the free……….what a joke.

  14. Perhaps I am paranoid but this fails my sniff test. I suspect the “bullys” had some sinister motive that has not been disclosed. There has to be more to this.

  15. So we are allowed to talk quietly amongst ourselves are we? Whoopie.
    Wake me when the Jaworski’s get all their money back, and the sonsab1tche$ who started this prosecution are fired AND barred from the public service for life. That’d be worth getting out of bed for.

  16. If we don’t push back big-time each and every time this sort of power-grab by the bureaucrats happens, then we will not longer be a free society. All the lawyers and activist judges have to do is set precedent and we lose our collective rights and freedoms law by miserable law. The sheeple need to bite their grubby little hands every once in a while just to remind them.

  17. From the tone on here people are rightly upset by the intrusions of a bureaucracy in this Country gone sour. Maybe we need a few reforms ourself eh? Like getting rid of HRC’s & having accountability for by-law enforcement. Sounds like silly council got a pink slip. The guy who started this should be fired.
    Frankly ALL public Unions should be eradicated. They have proven over time a hindrance to our society, if not a slow acting poison.
    Bring Democracy back to the work place, with the others. Most Unions are socialist pits with forced mandatory rules. A little freedom to vote in private or have real candidates not picked men would go a long way in helping this situation.
    JMO

  21. sasquatch: “Perhaps I am paranoid but this fails my sniff test. I suspect the “bullys” had some sinister motive that has not been disclosed. There has to be more to this.”
    Yeah, I feel the same way, sasquatch, probably neighbours in cahoots with the by-law officer, ganging up on the Jaworskis.
    I’ve lived in a small town where this kind of thing happens more often than you think: arbitrary judgments against people you don’t like on the part of patronage appointments by the municipality of some “good ol’ boy” who’s a fellow Rotarian or Mason.
    Nasty business.
    I’d sure like to see the Jaworskis sue the pants off these SOBs — but that would cost them more money. I’ll bet they’re glad just to be able to sleep at night again and begin to plan next summer’s Liberty Seminar.
    The push back has begun. Let’s everyone keep it up!

  22. Posted by: sasquatch at February 15, 2011 1:07 AM
    I was thinking along the same lines, but in the end I think it is more about the cockroaches scurrying from the light. Or the city’s lawyers telling them they didn’t have a leg to stand on.
    Which amounts to the same thing.

  23. It goes to show the importance of having organizations that can defend us.
    Donate to the CCF (they got something from me last year). They are a worthy organization, and Ezra Levant will tell you of the good work they do.

  24. Absolutely shocking. Looks like warrants to come onto private property is a thing of the past. The law only works for the State, not the people. Wonder when they will try and take your ability to defend yourself from unlawful tresspass……ooooops, already doing that

  25. I hope there have been no legal costs to these good folks. If there were any I hope the municipality steps up and pays or gets sued.

  26. There is huge potential for all kinds of abuse by local governments, particularly municipalities. These bodies have no constitutional powers as they are simply creatures of the provincial government, yet the provincial governments take a hands-off approach to municipal matters. This leaves the citizen with little recourse but to dig into his pocket and fight the municipality in court while the municipal “officials” get to play the game with public funds.
    At least Ontario has a municipal ombudsman, but I question the effectiveness of that office; there seems to be no mention of any involvement in the Jaworski case. Ontario has about 400 municipalities and a population of about 10 million. Saskatchewan has no ombudsman, but it does have 800 incorporated municipalities for a population of 1 million.

  27. I don’t see a victory here. Just a tactical retreat by the municipality.
    Great for the Jaworskis – but no real victory means that the gubmint people will simply shift focus to others with less light on them…and feed on the next set of victims unencumbered

  28. And if this had been a gathering for social progressive multi-kulti go-gooders, would the local government have tried to shut them down?
    Not bloody likely.
    Now they should sue the turdheads in local government for full costs.

  30. Reminds me of a situation described by Adler. Retired military officer and a woman buy a pig to butcher. He butchers the pig and divides the meat. The woman is stopped by Resource officers and he is charged and fined 5.000 dollars for his infraction of butchering meat and sharing. He and his family were watched for three days by a guy in camo in a tree house.
    They dropped the fine a time or two until he hit the radio, then things went away.

  31. Bravo to the CCF and Good Luck to the Jaworskis.
    People have suffered enough without bullies, Slapp suits, libels suits from left-wing government officials or strategists with an attitude.

  32. Bravo CCF? YGBK! Where were they when governments of Canada and Ontario railroaded Bruce Montague? Sounds like another ACLU clone that picks and chooses the cases, i.e. bunch of smug liberals.

  33. This reminded me to make a donation to the defence fund of Ian Thomson, the man whose property was set on fire by thugs in the middle of the night. When Thomson, a gun instructor, shot warnings, HE was arrested.
    There’s going to be a rally at 9:00 a.m. in Welland on March 2, in support of Mr. Thomson. Here’s a link with information about how to help out:
    http://akimoya.wordpress.com/2011/02/01/support-for-ian-thomson/

  34. [……..Didn’t all this start with a complaint to the municipality from a neighbour?…….]
    Could be…..but the commisars will not confirm that by disclosing their identity…..something about avoiding feuds…..while they participate….on the tax-payer dime.

  35. I wouldn’t get too concerned about the Jaworski legal expenses. With all the donations that have been collected from various blog sites, they’re probably in the black.

  36. Whats the matter coach,you on the other side? You sound like you voted for that revolutionary Trudeau and his police state.Arm and exempt from punishment all govt workers but disarm the populace.If you ever read a history book you know where that leads.A Trudeau quote “we have much to learn from the Soviet Union”. Yes,they taught us how to kill their own people.

  37. Next year, the Jaworskis should employ the simple expedient of hiring a few Mohawk Warriors to man an access control point at the entry to their property, complete with flags.
    I guarantee neither the municipality or the province will come anywhere near them.

  38. Next year, the Jaworskis should employ the simple expedient of hiring a few Mohawk Warriors to man an access control point at the entry to their property, complete with flags.
    I guarantee neither the municipality nor the province will come anywhere near them.

  39. Ontario has become Canada’s most repressive bureacratic province in Canada, they make Whinebec look like a free and fair province. It’s a sad day when a bureaucrat can target citizens for having an annual barbeque on their own property.

  40. I guarantee neither the municipality nor the province will come anywhere near them.
    Posted by: JJM at February 15, 2011 12:20 PM
    That is sad but true. The end result of political correctness,

  41. This is probably another “punishment by prosecution” case, where the defendant becomes impoverished by providing for his legal defense against bogus charges. Sadly, there is usually no recompense for the victim or punishment for the perps.

  42. “I don’t see a victory here. Just a tactical retreat by the municipality.”
    Bingo!
    This reminds me of my experience with the school board when I attempted to have my daughter fail grade 8.
    With some help from people in high places, and my own stubbornness, we were able to get the school board to ‘retreat’, but I have no false apprehensions that I’ve set the path for more parental control over a child’s education. I simply shook the correct tree, but I have no doubt that this issue will persist for 1000s of others going forward. my particular case is an anomaly, not a trend, regardless of the positive results I’ve seen for my daughter.

  43. In most local government bylaws you will find numerous onerous restrictions which, if accompanied by lighter penalties are regularly enforced with little outcry. In this case, it’s likely that a competing B&B operator filed a complaint with the municipality and it was mindlessly enforced by the book. Faced with much public attention and the potential costs of a constitutional challenge, the municipality backed down, this time. One great victory for the Jaworskis, one minor setback for overly intrusive local government.
    I wonder if Karen Selick regrets not pushing this challenge up to the SCC as it would be great if all similarly restrictive bylaws would be found unconstitutional?

  44. It is not enough that the municipality backed down. Surely there is a lawyer in the neighbourhood who will take the law suit on pro-bono and make sure that the message is sent out loud and clear that Canadians will no longer tolerate this kind of ham-fisted government at any level! Start small and grow!

  45. “Surely there is a lawyer in the neighbourhood who will take the law suit on pro-bono”
    How about John Gormely?

  46. What seems to have been missed is that the case was challenged on the Charter right to free assembly.
    This is one of the few times I can remember the Charter being used in a positive way,instead of the usual perversion of justice.
    Have to agree with JJM, next year,hire a few Mohawk Warriors to provide security.
    One small victory……….

  47. CCF Litigation Director Karen Selick said, “We are very satisfied with this result, and we’re particularly pleased that Clarington conceded the Jaworskis’ constitutional rights instead of putting them through the ordeal of a trial”.
    And just what will be done with the person(s) who made the complaints and brought these charges?
    What assurances have been won that this will not happen again?
    The people responsible for this disgrace shoud be prosecuted.

  49. “Whats the matter coach,you on the other side?”
    The government is supposed to profit off the people, not the other way around////

  50. I should point out to everyone here at SDA that we had municipal elections this past October (in which I ran for my Ward (2), but finished last) and there is now a *new Mayor* in Clarington, and ** 4 of the 6 ward councillors have changed ** (one local councillor moved to regional level).
    This topic (the Jaworskis) was getting a lot of play in the area at the time. The other big topics were giant fans (a provincial imposition) and taxes.

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