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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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  #11 (permalink)  
Old 05-17-2016, 10:34 PM
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Originally Posted by Tayken View Post
Actually if you do some simply searches on Google you will find out why the crown dropped the charges. Borel went on record on a bunch of blogs and those silly podcasts and basically admitted to some stuff that would have made her look worse than the previous complainants.
The Crown didn’t drop the case - it agreed to withdraw the charge of sexual assault and settle the case after negotiations with the solicitor for the accused, in exchange for the accused delivering a written apology and signing a peace bond.

The Crown might very well have lacked confidence it its initial case, but we’ll never know (despite the blogs). We’ll also never know why Henein thought it wise to negotiate and advise her client to admit culpability and settle vis-à-vis an apology/peace bond (despite the blogs). Personally, I think she made a strategic error.

But now that Ghomeshi has admitted sexually inappropriate behavior (in lieu of another trial, where he might have easily been acquitted), the court of public opinion will prevail.

And he won’t easily rescue his reputation moving forward. Now there’s a good dose of reality and, all in all, success for Borel.

Good Luck!
McD
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  #12 (permalink)  
Old 05-18-2016, 12:50 AM
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Originally Posted by Tayken View Post
Actually if you do some simply searches on Google you will find out why the crown dropped the charges. Borel went on record on a bunch of blogs and those silly podcasts and basically admitted to some stuff that would have made her look worse than the previous complainants.

https://www.youtube.com/watch?v=kf1FWOETBAA

Excellent listen. Read the articles linked on this youtube.

Good Luck!
Tayken
I doubt Borel's "admissions" had anything to do with the charges being dropped. Clearly Ghomeshi's lawyer didn't want this matter to go to trial and so basically handed Borel's team the victory - Ghomeshi acknowledges inappropriate sexual conduct and apologizes publicly. He doesn't get a criminal record but he admits that he harassed this woman. It's going to be difficult for him to play the "poor man victimized by vindictive females" card after this.
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Old 05-18-2016, 01:20 PM
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The Crown didn’t drop the case - it agreed to withdraw the charge of sexual assault and settle the case after negotiations with the solicitor for the accused, in exchange for the accused delivering a written apology and signing a peace bond.
1. They dropped the charges.
2. Peace bonds are better described here: https://en.wikipedia.org/wiki/Peace_bond

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A peace bond is issued when the crown is strongly convinced that no guilt has happened. A person does not plead guilty when they enter into a peace bond. There is no finding of guilt made or conviction registered if a person agrees to a peace bond.
No guilt.

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Originally Posted by mcdreamy View Post
The Crown might very well have lacked confidence it its initial case, but we’ll never know (despite the blogs).
We know that they dropped the charges. That was all you needed to know. Dropping the charges means they didn't have evidence.

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We’ll also never know why Henein thought it wise to negotiate and advise her client to admit culpability and settle vis-à-vis an apology/peace bond (despite the blogs). Personally, I think she made a strategic error.
Again, you are incorrect. A peace bond is not an admission to guilt or "culpability". You may have interpreted that but, it is simply because you are not informed.

Domestic assault charges and peace bonds: think twice

They went for a peace bond because it would avoid a trial for which they could not collect costs on. (Criminal vs civil - you can't go after the crown for your costs.) Jian's lawyer charges probably 1,500 a day. You do the math. Get a peace bond no admission to guilt and save 150,000 in legal fees you will never get back? It was a great move on their part.

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But now that Ghomeshi has admitted sexually inappropriate behavior (in lieu of another trial, where he might have easily been acquitted), the court of public opinion will prevail.
He didn't. That is your interpretation of what happened.

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Originally Posted by mcdreamy View Post
And he won’t easily rescue his reputation moving forward. Now there’s a good dose of reality and, all in all, success for Borel.
Borel will be unemployed for a very long time. As well as all the other idiots involved in this case. Not just Jian.

Good Luck!
Tayken
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  #14 (permalink)  
Old 05-18-2016, 01:29 PM
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I doubt Borel's "admissions" had anything to do with the charges being dropped.
Crown learned their lesson that if someone admits to being a bully at work to others then accuses someone of being one too that the "you can't blow hot and cold at the same time" applies. Simple legal principal.

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Clearly Ghomeshi's lawyer didn't want this matter to go to trial
Lawyers take instruction from their clients. Remember? Or does the good advice we give people on this website go out the window just for this matter? Suffice to say, it was a matter of money that they took the peace bond offer. At probably 1,500 a day Ghomeshi would be on the hook for 150,000 in legals probably just to get the same result. Not guilty. Read up on peace bonds... Then come back and debate the topic when you are educated on the subject.

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and so basically handed Borel's team the victory
Borel was the complainant in the matter. The team is the "crown". The team gave up because her evidence was awful. They settled out into a peace bond. (Read the wikipedia at least before responding with nonsense.)

The crown put their heads between their legs on this one before they ended up looking like social media controlled idiots.

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Originally Posted by stripes View Post
Ghomeshi acknowledges inappropriate sexual conduct and apologizes publicly. He doesn't get a criminal record but he admits that he harassed this woman. It's going to be difficult for him to play the "poor man victimized by vindictive females" card after this.
Listen to the tape of Borel admitting to similar conduct at work. (RE: Using sexual innuendo to bully people at the CBC and her being disciplined for it.)

The sauce that is good for the goose is good for the gander. They were both inappropriate. New media people and pop culture idiots have all learned that a workplace is not for stupidity like this. Male or female. CBC tolerating either of these two idiots conducting themselves in this manner is what is a major problem.

Borel made an admission against her own interest which killed the crown's case. That is my theory.

Good Luck!
Tayken
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  #15 (permalink)  
Old 05-18-2016, 02:57 PM
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lol, -1 evil feminists (there are some good ones)
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  #16 (permalink)  
Old 05-18-2016, 03:26 PM
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1. They dropped the charges.
2. Peace bonds are better described here: https://en.wikipedia.org/wiki/Peace_bond






He didn't. That is your interpretation of what happened.




Tayken

Yes he did. In his own words:

"I did not show the respect that I should have to Ms. Borel. I did not always lead by example and I failed to understand and truly appreciate the impact of my conduct on Ms. Borel's work environment. That conduct in the workplace was sexually inappropriate."

You really can't get a much clearer admission than that. He has not been found guilty in the legal sense because he was never tried, but he has stated that he did things which were sexually inappropriate.

Remember that Borel is/was a witness for the crown in this case. She is/was not on trial. If her behaviour was also inappropriate and illegal, she could be charged for that. But she hasn't been. This case is not about whether lots of people participated in sexually charged jokes in the workplace, it's about whether Ghomeshi sexually harassed Kathryn Borel. And he has now acknowledged that he did.
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