For everything that Law Societies do, they should be
judged against this public interest mandate.
Not exact matches
U.S. District
Judge Ronald L. Buckwalter of Philadelphia said March 16 that granting such a stay would not «further the
public interest» because the NCAA's minimum college - admissions - test scores were found to discriminate
against African - American student athletes.
The court of
public opinion is already
judging ExxonMobil harshly; one would think that a company this big and this old would not have to be reminded that it is
against its own long - term
interests to «win the legal argument at the expense of its reputation and the
public's trust.»
James Hansen, the director of the Nasa Goddard Institute for Space Studies who first warned the world about the dangers of climate change in the 1980s, has joined other scientists in submitting statements to be considered by a
judge at the Information Rights Tribunal on Friday... James Hansen told the Guardian: «Our children and grandchildren will
judge those who have misled the
public, allowing fossil fuel emissions to continue almost unfettered, as guilty of crimes
against humanity and nature... If successful, the FOI request may, by exposing one link in a devious manipulation of
public opinion, start a process that allows the
public to be aware of what is happening, what is at stake, and where the
public interest lies.»»
While acknowledging that a
judge has an
interest — perhaps even a First Amendment
interest — in self - defense
against public criticism, Kaufman writes:
Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up
against stove, thereby sustaining serious burns to body — Trial
judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal
against sentence was allowed — Trial
judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial
judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best
interest of accused and not contrary to
public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial
judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to
public interest.
«I am satisfied that there is a
public interest in knowing how the CJC deals with complaints
against judges to ensure the
public has confidence in the integrity of the process and to also ensure that the application for judicial review can be conducted in a meaningful way,» Milczynski wrote.
What is at stake requires that the court must balance what justice demands: that the accused receive a fair trial, that witnesses are not deterred from testifying, and that the
judge, jury and lawyers are not distracted during the proceedings,
against what the
public interest in justice and our democracy requires....
Order to dismiss (3) On motion by a person
against whom a proceeding is brought, a
judge shall, subject to subsection (4), dismiss the proceeding
against the person if the person satisfies the
judge that the proceeding arises from an expression made by the person that relates to a matter of
public interest.
5 On motion by the person
against whom a proceeding is brought, a
judge shall, subject to subsection (6), dismiss the proceeding
against the person if the person satisfies the
judge that the proceeding arises from an expression made by the person that relates to a matter of
public interest.
The Lord Justices pointed out that there was a well - established process for dealing with government requests to withhold documents on national security grounds:
judges must weigh the
public interest which demands that the evidence be withheld
against the
public interest in open justice, and if «the former
public interest is held to outweigh the latter, the evidence can not in any circumstances be admitted.»
(3) On motion by a person
against whom a proceeding is brought, a
judge shall, subject to subsection (4), dismiss the proceeding
against the person if the person satisfies the
judge that the proceeding arises from an expression made by the person that relates to a matter of
public interest.
Even though Alphamix concerned a domestic arbitral award, the attitude of the
Judge in scrutinizing the arguments
against the enforcement of an award when a litigant has gone through all the proper court procedures, even
public interest ones, is most welcome and sends a strong signal to
public bodies which choose to have their commercial disputes resolved by way of arbitration, that they should take arbitration proceedings and arbitral awards made
against them seriously.
When Sheryl Kiselbach and the Downtown Eastside Sex Workers United
Against Violence Society decided to challenge the Criminal Code provisions around prostitution, the chambers
judge denied their application for
public or private
interest standing.
Judge Simmonds QC, no doubt anticipating the
public interest in this case, and perhaps reflecting his own concern, granted permission for the claimant to appeal; he made no order for costs
against the claimant as he had found for him on the two preliminary issues relating to breach and had accepted a significant proportion of the claimant's legal submissions.