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.]

Saturday, November 03, 2012

Gabriel Nadeau-Dubois 'guilty' of contempt of court: Terrifying precedent for free speech

Gabriel Nadeau-Dubois, former spokesperson for CLASSE and one of the most recognizable faces of this year's student movement, has been found guilty of contempt of court.

Quebec Superior Court Justice Denis Jacques took over a month to deliberate on the case, which was heard on the 27th and 28th of September, before ruling on Thursday that Nadeau-Dubois was guilty of contempt of court for publicly asserting that picket lines were a legitimate tactic to enforce democratically voted strike mandates.

The case was brought by Jean-François Morasse, a Université Laval student, who obtained an injunction allowing him to return to class in May, despite a majority of his fellow students voting to continue striking.

Morasse blamed Nadeau-Dubois' defence of picket lines for preventing his return to class, and for causing him to be the target of ridicule and harassment. He stated publicly that he wanted to see Nadeau-Dubois in jail.

On Friday morning Nadeau-Dubois announced his intention to appeal, and asked supporters to help him cover the costs of the drawn out court battle. You can read the appeal for support here.

He said "with all respect" that the judge was mistaken, and he had never advocated anarchy. He also pointed to the terrible precedent this case could set, where a spokesperson could be jailed for articulating the views of their organization, and for expressing an opinion on a broad philosophical point, such as the legitimacy of picket lines.

I have a hard time believing this ruling will be upheld on appeal. A lawyer friend suggests the prosecutor may short circuit the appeal by offering to discharge the conviction. Failing that, I would hope it would be overturned.

Whether you support Nadeau-Dubois and the student movement or not, this ruling establishes a terrifying precedent with far reaching ramifications for free speech.

Original Article
Source: rabble.ca
Author: Ethan Cox

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