Following the absurd verdict from the Ontario Court of Appeal on the private club issue, Mike Kennedy displayed all the signs of a tired out, discouraged and disillusioned man. The system he believed in and defended with patriotic passion had once again let him down. What was most alarming to him is that the decision the three judges rendered against private smoking clubs is in essence an open invitation for the state to arbitrarily invade our privacy even into our own homes. ‘’This can’t be happening in my Canada’’ he told us in total disbelief.
Indeed, the verdict from the Ontario Court of Appeal has extended the definition of the term ''members of the public who need the protection of the state'' to include anyone who, after being forewarned of the nature of the legal activities that will take place, willingly accepts an invitation to a private gathering in a totally private setting. This is a very loaded verdict that gives the state the necessary power to cross that sacred line that separates private life from public life on the whim of potentially zealous elected officials that might see no problem in using the power such a decision grants them to shamelessly invade our most private spaces as long as they can proudly proclaim that they're doing it for our own good!
‘’I cannot let this happen’’, Mr. Kennedy told us after he picked himself up and dealt with the emotional blow the Ontario Court of Appeal served him ‘’but I just don’t know how I will manage to carry on with the fight. Where will I get the money to bring this case to the Supreme court?’’ he questioned with grave concern. For the first time since the beginning of his combat he felt that he might be forced to call it quits. But luckily for all of us, as the 60-day period to file for leave was coming to an end, a happy turn of events occurred. With a little help from friends with deep democratic values, Mike Kennedy was able to seek pro bono representation from one of the biggest lawyer firms in Canada - Gowling Lafleur Henderson - in his pursuit to protect private property rights in Canada through the highest court of the country. Only expenses will be charged to him which are estimated between three and five thousand dollars that he hopes to fund raise between now and the hearing if the leave is granted.
We commend Mr. Kennedy for his perseverance and courage to not only have prepared and personally presented his previous cases against a very powerful and wealthy bureaucratic machine, but to have the strength to carry on with the fight until he’s satisfied that justice has been rendered for privacy and democracy in his Canada - in our Canada. If the leave is granted, we will assist Mr. Kennedy every way we possibly can and stand alongside of him all through the final phase of his long battle. We hope every freedom loving individual in Canada and elsewhere, will too.
If you want to write or donate to Mr. Kennedy, please address your letter or pledge to mikekennedy@cagecanada.ca and we will make sure he gets it and communicates directly with you if he so wishes.
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