Dec 152012
Retired SCC Justice Ian Binnie
(Photo by Paul Mayne, Western News)

A former Supreme Court of Canada judge is in hot water in New Zealand over what the Justice Minister there calls “a flawed report”.

It’s the same judge who, while sitting on the Canadian Supreme Court bench, wrote the decision in Kari Simpson’s defamation lawsuit—the scandalous case that forms the basis of RoadKill Radio’s Drive for Justice Internet webcast series.

In the Canadian trial, Mr. Justice Ian Binnie accepted as “fact” statements that were provably false, and for which no evidence was presented to the court. Further, the high court decision repeated those lies as though they were true, thus further slandering Mrs. Simpson.

Last year, retired Supreme Court of Canada Justice Ian Binnie was paid nearly NZ$414,000 (about C$345,000) to review a demand for compensation by a New Zealand man who had served 13 years in jail after being convicted of murdering five members of his own family—his parents and three siblings. His conviction was later overturned.

In his review, Judge Binnie recommended compensation. State broadcaster TVNZ reported that David Bain could be in line for a payout of up to NZ$2 million (C$1.67 million).

But the New Zealand Justice Minister, Judith Collins, sent the Binnie Report to a New Zealand QC for “peer review”; that review found that Judge Binnie had “exceeded his mandate”, and that:

• “…the principles to be applied to an inquiry of this kind… have been misunderstood in the Binnie Report; and … in consequence it would be unsafe to act upon the Binnie Report.”

• “Those errors have been compounded by the publicity given to … matters which ought to have been for Cabinet alone… “

• “Binnie J made fundamental errors of principle.”

• “The correct principles should now be applied to the evidence afresh.”

• “Binnie J criticised named individuals without giving them adequate opportunity to respond…” and

• the Binnie Report is vulnerable to judicial review.”

“…the report appeared to contain assumptions based on incorrect facts,” Collins said in a Dec. 11 press release, “It lacked a robustness of reasoning … to justify its conclusions.”

In a statement e-mailed to the magazine Canadian Lawyer, Judge Binnie, who is currently in Switzerland, called Collins’ news release a “political document.”

But Collins says she had raised concerns about Binnie’s report when she met with the former judge in September, and told him it would be peer reviewed.

“I also advised Justice Binnie the report must remain confidential, and it would be premature to release it until after Cabinet had made a decision on Mr. Bain’s claim,” she wrote in her statement.

“Since then, I have received from Justice Binnie, unsolicited, two further versions of his report.”

Interviewed at her office in Langley, BC, Kari Simpson said, “I’m happy to learn that the New Zealand government has experienced exactly the same corruption of the rule of law as I’ve pointed out to our Prime Minister, the Justice Minister and the Canadian Judicial Council, and how this sort of misconduct brings the judicial system into disrepute. This scandal bolsters the merits of my complaint.”

“This goes far beyond either David Bains’ case or mine,” she continued. “This reveals how the legal fraternity covers for its own, and yet another example of why the so-called ‘justice system’ in Canada urgently needs a public inquiry.

“Perhaps if the Prime Minister, Justice Minister and the CJC had acted on the red flags I raised, New Zealand could have saved itself nearly half a million dollars.”

Simpson has sent a letter to NZ Justice Minister Judith Collins, pointing out that “while on the bench of the Supreme Court of Canada, Mr. Justice Binnie wrote a decision that is fraught with unsupported findings of fact, lies treated as ‘facts’, manufactured evidence and… contextual chicanery.”

Click here to read Kari Simpson’s full correspondence to the NZ Justice Minister.

(Photo of Retired SCC Justice Ian Binnie by Paul Mayne, Western News)


  2 Responses to “RoadKill Radio News: Judge Who Wrote Decision in ‘Drive for Justice’ Simpson v Mair Case is Blasted by NZ Government Over ‘Flawed Report’”

  1. In its December 20,2005 decision The Supreme Court of Canada legalized a type of business activity previously restricted by Canadian Law, overturning two previous Court of Appeal decisions that had ruled group-sex clubs qualified as bawdy houses violating community decency standards and were therefore illegal.

    Now under Canadian Law consenting 14 year old’s are considered consenting adults. The Supreme Court Of Canada’s December 20,2005 controversial decision has made Canada a preferred legal destination for sex trafficking predators and pedophiles.The Canadian Human Rights Act now considers this legalized activity a so-called human right, to be normalized to schoolchildren by adults.

    Supreme Court Chief Justice Beverly McLachlin, was joined by Justices Major, Binnie, Deschamps, Fish, Abella and Charron in the foolish sex-club decision.

    The two dissenting Justices Michael Bastarache and Louis LeBel said The High Court’s Ruling,” Strips of all relevance the social values that the Canadian community as a whole believes should be protected,” according to the Globe and Mail newspaper.

    Bill C313 to raise the age of sex consent was defeated 167 to 99 on September 28,2005. 90 Federal Conservatives voted to raise the age of sex consent,but 4 did not vote, as concerned parents and citizens asked them to that day,and of the rest of the POLITICAL PARTIES IN CANADA PUT TOGETHER ONLY 9 MEMBERS VOTED TO RAISE THE AGE OF SEX CONSENT. How our MP’s voted was on the website Have you been checking how your elected MP’s vote on Bills passed into Canadian Law?

    Social Conservatives have to unite and the liberal-minded change their minds and join us as some already have by looking at the consequences of their political choices on Canadian Government,Law,Education and Society. We pleaded in 2005 after pure evil was legalized in Canada.

    Our friend Professor Tom Landers was approached by Canadian parents and citizens disappointed and hurt by our Politicians and Justices who had legalized vice, so consenting 14 year old’s could now be taken away from parents,and legally exploited.He gathered his friends from across Canada, and told them that the politicians they elect to rule over them make our laws, by passing or rejecting Bills in our Legislatures, and Parliament. If enough Canadian Citizens come together who are harmed and disgusted by our elected rulers mischief ,then they could force their politicians to pass Bills into law that would put an end to the legalized exploitation of children, and other rotten Bills passed into law as well. Their are lobby groups who ask for lower consent laws like (NAMBLA) the North American Man Boy Love Association,who’s motto is” sex before eight or else it’s to late.” Citizens be careful what you are manipulated to legalize as The Canadian Human Rights Act, now normalizes this legal act as a human right and social justice. Then adults normalize these legalized acts to schoolchildren.

    Today MULTICULTURALISM or Politically Correct Relativism by establishment promotes the familiarity and acceptance of different cultures,based on the assumption that truth and justice is culturally based. Multiculturalism says since there are multiple descriptions of reality no one view can be true,no truth transcends culture,no idea or moral concept is true for every culture or every person. When Secularism marries Multiculturalism in Government,Law and Education it indoctrinates it’s citizens from Kindergarten into it’s mindset by Government decree and Court enforcement.
    Would it make you feel better Citizen if ( NAMBLA) members were Judges, Politicians, Schoolteachers, Journalists,Media Moguls, Doctors, Movie Stars and people from all other walks of life too? The Socially Engineered Judges and Professionals of this Western Politically Correct Secular Society are making their decisions according to their new Western Worldview or Religion. This Secular Religion forces it’s worldview and morality on everyone by Government and Court decree, and then the socially engineered Secularists say,” We are Secular and don’t have a religion, religion has caused all kinds of problems,therefore we don’t have one and cause no problems.” Professor Tom Landers used to use the word Selective Stupidity. It implies the people are not stupid but choose to be, because they are socially engineered to believe Politically Correct Relativism is the best Worldview.

    Enough informed people were upset at bad legislation by 2008 that enough pressure was put on MP’s that a Bill was passed into law in The House of Commons raising the age of sex consent. Tom knew how to communicate, and politically unite Canadian citizens to democratically enable their elected officials to pass beneficial laws. When rotten laws are passed they can be democratically reversed by the good will of informed citizens. Do you think that the media moguls are interested in helping you and your children, or do they get to be billionaires by manipulating people and selling adds?
    Tom Landers helped to win Supreme Court decisions for his friends, and he has proven the injustices of our Secular Justice System and Religion. In a democracy the citizens put those in power who rule over them, and accept their imposed morality to be taught to their children. If they don’t like tyrannical Supreme Court and Parliamentary imposed Law they can unite politically,and have them changes as they did in 2008. I enjoyed Tom’s company,and will never forget him. The Canadian citizens own our democracy, and they can politically unite to force their elected rulers to rule justly to pass beneficial Bills into Law.That is where the buck stops.

  2. Great article, yes Binnie has made a complete cock up of his report into the Bain case here in NZ, but thank Christ we have a justice minister here that can recognize a flawed report when she sees one.

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