Both of these lawsuits are tragic and Canadians should be concerned about the messages they are sending and the legal precedents they may set. Hopefully the City of Hamilton will soon recognize and admit they have made an error drop these lawsuits. If they don’t, many more of your tax dollars will be spent filling the pockets of lawyers to punish well-meaning citizens. I am hopeful these cases will be dropped, and here is why.
First, Councillors who voted against the lawsuits continue to try to convince the others that this is not a wise move for the city and this effort (seen by many as vicious and vindictive) could very easily harm the city more than it might benefit the city in some financial way.
Second, I believe that Councillor Mchattie may be right and that these legal actions could come back at them in ways that might find them digging themselves out of a deep and dirty hole (deeper than the holes they are blasting in the Niagara Escarpment and in the valley); and I believe the litigious eight may be now be waking up to that possibility. Just one possible way their lawsuits could backfire, as Councillor McHattie pointed out to them, is that some politician could stand in the House of Commons to argue that the government shouldn’t have any dealings with Hamilton because of the lawsuits, but I suspect there are other negatives that could come back at them as well.
Third, today’s article in the Spectator it says that in response to another councillor’s motion that the city should not do business with companies who are suing the city, Mayor Larry Di Ianni told the committee of the whole that “anyone who felt their dispute with the city had merit should not be prevented from doing business with it.” Why then would some citizens who also felt their dispute with the city had merit, but did not sue the city, be subjected to lawsuits by it? I have a hunch that the City of Hamilton is beginning to see the lack of logic in the 2 lawsuits.
At best the logic behind these lawsuits had been stretched from the beginning and now the city is caught in a lose-lose situation. (Especially since the federal government has now stated it will pay for the court costs of the federal employees named in the suit and this lawsuit will certainly be vigorously fought.)
Fourth, in today’s paper Mayor Di Ianni is quoted as saying “we are not always right.” That may be one of the most astute things he has said in a while. Council may not always be right, and perhaps they can be forgiven for that, but it sure would be refreshing to hear them to admit where wrong to launch legal action against well-meaning citizens.
In conclusion, perhaps a lesson that Hamilton City Council needs to learn is how to take a deep breath and let it out slowly, and count to ten, and relax. They have a great city. To bad they seem hell-bent on inflicting considerable damage on themselves and their wonderful citizens. Maybe they won’t. Maybe they will come to their senses. Maybe they will count to ten and say they are sorry for not thinking before they took a leap of faith in some bad legal advice.
Stay tuned for more on this.
Canadabob
[Proofreader's note: this article was edited for spelling and typs on June 28, 2005]
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Dave Ruston
They were making a statement. This does not change the fact that they were breaking the law and cost the city substantial amounts of money. For their cause, they opened themselves willingly to litigation. Surely they knew the consequences prior to commencing the protest.
The City of Hamilton has the ability to address this situation with an appropriate statement to the community and these well-meaning young people do not need to be punished by the heavy hand of City Hall. A good community is a caring community not a vicious and vindictive one. The city has nothing to gain by this prosecution but the community has much to lose. The City of Hamilton is in the drivers seat and if it wants to show it is capable of the appropriate judgment and tolerance it has the power and ability to drop this case completely to allow the hearts of many thousands of citizens to heal. It can decide to use that power or it can decide to use its power to be harsh. This demonstration was not the first of its kind in the world. I have not heard of other examples of the tree sitters going to jail, but if there are such cases I am sure they are rare in comparison with the number of times leniency has been granted.
A good community is a caring community not a vicious and vindictive one. The city has nothing to gain by this prosecution but the community has a great deal to lose. There is no doubt that the City of Hamilton is in the drivers seat. If it wants to show it is capable of the appropriate judgment and tolerance it has the power and ability to drop this case completely to allow the hearts of many thousands of people in the community to heal. It can decide to use that power or it can decide to use its power to be harsh.
Keep in mind this demonstration was not the first of its kind in the world. I have not heard of other examples of the tree-sitters and their supporters going to jail, but if there are such cases I am sure they are rare in comparison with the number of times leniency has been granted.
It should be clear to everyone that not letting Hamilton's Tree Sitting Eco Heroes go totally free will do the City of Hamilton much more harm than good. Surely City Hall must know this. Why then would they be proceeding with the prosecution of these heroes if not for nothing more than a desire to be vicious and to show a callous disregard for the views and feelings of thousands of citizens.
The law is very much an imperfect mechanism. Society needs to exercise wisdom to know when not to use it.
Canadabob
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Canadabob
The City of Hamilton has the ability to address this situation with an appropriate statement to the community and these well-meaning young people do not need to be punished by the heavy hand of City Hall.
A good community is a caring community not a vicious and vindictive one. The city has nothing to gain by this prosecution but the community has much to lose. Keep in mind this demonstration was not the first of its kind in the world. I have not heard of other examples of the
tree-sitters going to jail, but if there are such cases I am sure they are rare in comparison with the number of times leniency has been granted.
If the City wants to show it is capable of the appropriate judgment and tolerance it has the power and ability to drop this case completely to allow the hearts of many thousands of people in the community to heal.
It should be clear to everyone that not letting Hamilton's Tree Sitting Eco Heroes go totally free will do the City of Hamilton much more harm than good. Surely City Hall must know this. Why then would they be proceeding with the prosecution of these heroes if not for nothing more than a desire to be vicious and to show a callous disregard for the views and feelings of thousands of citizens.
The law is very much an imperfect mechanism. Society needs to exercise wisdom to know when not to use it.
Canadabob
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Canadabob
Enough is enough. Build the expressway!