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National Campus Life Network > Articles by: jamesbshaw

Carleton Lifeline: Censorship Case at Carleton University Heats Up

This post was written for Carleton Lifeline by jamesbshaw. It does not necessarily represent the views of NCLN.

FOR IMMEDIATE RELEASE: Censorship Case at Carleton University Heats Up
Carleton University Applies to Strike Pro-Life Lawsuit a Second Time

December 8, 2011. Carleton University has brought a second motion to strike the lawsuit against them put forward by two pro-life Carleton students, Ruth (Lobo) Shaw and John Nicholas McLeod in February 2010. In October 2011, Carleton University had (Lobo) Shaw and McLeod arrested for attempting to exhibit a pro-life display thereby violating the rights of the students to freedom of expression, freedom from discrimination and freedom of security. The Statement of Claim, which is the document initiating the lawsuit, claims that Carleton University is acting as a delegate of the Province of Ontario in providing post-secondary education to the general public.

The University is attempting to strike the claim that the Canadian Charter of Rights and Freedoms applies to the University and its actions in the context of this litigation. They are also attempting to strike the claim that the University and members of its administration were negligent.
“Carleton University brought a motion to strike our Statement of Claim. If they are successful, our lawsuit will end. Our lawsuit survived their first motion to strike but, as they were unsuccessful in having our entire claim thrown out, they are now bringing this second motion on the same grounds. Their actions give the impression that the University does not want this matter to be addressed by a court.” said Ruth (Lobo) Shaw, former President of Carleton Lifeline and a Plaintiff in the lawsuit. “Are members of Carleton University’s administration concerned that an impartial judge would rule that the university violated the rights of their students?”

If Carleton University is successful in their motion, Carleton Lifeline’s claims of negligence and violation of Charter rights will be dismissed.

“We are dismayed that the University is continuing with this aggressive approach” said John Nicholas McLeod, current President of Carleton Lifeline and a Plaintiff in the lawsuit. “We had our rights violated and our voices censored. We decided to fight for our rights and Carleton University has employed tactics which are delaying a trial and increasing legal costs. In fact, in October, we were ordered to pay over $18,000 towards Carleton University’s legal costs for the first motion they brought.

All relevant information regarding the censorship against Carleton Lifeline by Carleton University, including all court documents and video footage of the arrest, can be found at www.carletonlifeline.wordpress.com.

For more information please visit www.carletonlifeline.wordress.com or contact Lifeline’s lawyer Albertos Polizogopoulos at 613-241-2701.

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Read the comments at the Carleton Lifeline website.

Carleton Lifeline: Censorship Case at Carleton University Heats Up

This post was written for Carleton Lifeline by jamesbshaw. It does not necessarily represent the views of NCLN.

FOR IMMEDIATE RELEASE: Censorship Case at Carleton University Heats Up
Carleton University Applies to Strike Pro-Life Lawsuit a Second Time

December 8, 2011. Carleton University has brought a second motion to strike the lawsuit against them put forward by two pro-life Carleton students, Ruth (Lobo) Shaw and John Nicholas McLeod in February 2010. In October 2011, Carleton University had (Lobo) Shaw and McLeod arrested for attempting to exhibit a pro-life display thereby violating the rights of the students to freedom of expression, freedom from discrimination and freedom of security. The Statement of Claim, which is the document initiating the lawsuit, claims that Carleton University is acting as a delegate of the Province of Ontario in providing post-secondary education to the general public.

The University is attempting to strike the claim that the Canadian Charter of Rights and Freedoms applies to the University and its actions in the context of this litigation. They are also attempting to strike the claim that the University and members of its administration were negligent.
“Carleton University brought a motion to strike our Statement of Claim. If they are successful, our lawsuit will end. Our lawsuit survived their first motion to strike but, as they were unsuccessful in having our entire claim thrown out, they are now bringing this second motion on the same grounds. Their actions give the impression that the University does not want this matter to be addressed by a court.” said Ruth (Lobo) Shaw, former President of Carleton Lifeline and a Plaintiff in the lawsuit. “Are members of Carleton University’s administration concerned that an impartial judge would rule that the university violated the rights of their students?”

If Carleton University is successful in their motion, Carleton Lifeline’s claims of negligence and violation of Charter rights will be dismissed.

“We are dismayed that the University is continuing with this aggressive approach” said John Nicholas McLeod, current President of Carleton Lifeline and a Plaintiff in the lawsuit. “We had our rights violated and our voices censored. We decided to fight for our rights and Carleton University has employed tactics which are delaying a trial and increasing legal costs. In fact, in October, we were ordered to pay over $18,000 towards Carleton University’s legal costs for the first motion they brought.

All relevant information regarding the censorship against Carleton Lifeline by Carleton University, including all court documents and video footage of the arrest, can be found at http://www.carletonlifeline.wordpress.com.

For more information please visit http://www.carletonlifeline.wordress.com or contact Lifeline’s lawyer Albertos Polizogopoulos at 613-241-2701.

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Read the comments at the Carleton Lifeline website.

Carleton Lifeline: Student Trespass Charges Withdrawn in Carleton University Free Expression Case

This post was written for Carleton Lifeline by jamesbshaw. It does not necessarily represent the views of NCLN.

FOR IMMEDIATE RELEASE: Student Trespass Charges Withdrawn in Carleton University Free Expression Case
OTTAWA, ON. November 1, 2011- Trespassing charges that were filed against members of Carleton Lifeline, the pro-life student club at Carleton University, were withdrawn by the Crown yesterday.

On October 4, 2010, members of Carleton Lifeline, a pro-life club at Carleton University, were arrested for attempting to peacefully display the Genocide Awareness Project, an exhibit which compares abortion to other forms of genocide. The University deemed the Genocide Awareness Project to be “offensive” and directed the Ottawa Police Service to arrest and charge four Carleton University tuition-paying students and a Queen’s University student with trespassing. The charges were scheduled to proceed to trial today and tomorrow (November 2nd, 2011).

The Crown stated that the basis for withdrawing the trespass charges is that the issues dealing with the relationship between a university and its students was already being dealt with in Lobo et al. v. Carleton University et al., the civil action brought by two Carleton Lifeline members, Ruth (Lobo) Shaw and John McLeod, against Carleton University and members of its administration.

In July, the Ontario Superior Court heard a motion brought by Carleton University which sought to strike Carleton Lifeline’s Statement of Claim, the document initiating the lawsuit. Had the university been successful, this would have ended the suit. In a split decision, Justice Toscano Roccamo ordered that the action could continue but ordered Carleton Lifeline to make several amendments to its Statement of Claim.

In a subsequent decision regarding costs of the motion to strike, Justice Toscano Roccamo ordered the students to pay Carleton University’s legal costs in the amount of $18,400.87 plus applicable taxes. Carleton University had asked that the students pay $21, 467.68 in legal fees.

“We are pleased that the Crown has decided to withdraw these unjust charges” said Ruth (Lobo) Shaw, former president of Carleton Lifeline. “We have always maintained that we had the right to exhibit the Genocide Awareness Project on campus and that our arrest was unlawful. The withdrawal of these unjust charges is confirmation of that fact.”

Despite the withdrawal of the charges, the civil action against Carleton University is ongoing. “Although we no longer need to defend ourselves against the trespassing charges, a lot of work still needs to be done to move our lawsuit against Carleton University along and to clarify the legal rights of students to campus free speech and expression,” said John McLeod, current president of Carleton Lifeline.

To support Carleton Lifeline’s Defense Fund, please visit http://www.carletonlifeline.wordpress.com.

For further information, please visit http://www.carletonlifeline.wordpress.com or contact Carleton Lifeline’s Legal Counsel, Albertos Polizogopoulos at (613) 241-2701.

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Read the comments at the Carleton Lifeline website.

Carleton Lifeline: August 12, 2011 – Carleton Pro-Life Students’ Lawsuit Survives Challenge By Carleton University

This post was written for Carleton Lifeline by jamesbshaw. It does not necessarily represent the views of NCLN.

August 12, 2011 – For Immediate Release:

CARLETON PRO-LIFE STUDENTS’ LAWSUIT SURVIVES CHALLENGE BY
CARLETON UNIVERSITY

OTTAWA, ON. In the case of Lobo et al. v. Carleton University et al, Carleton
University brought a motion before the Court asking it to end the lawsuit. Ruth Lobo, a
named plaintiff in the lawsuit stated, “Carleton University claimed that our lawsuit was
frivolous, vexatious and an abuse of the Court process but the Court ruled that we have
grounds for a lawsuit and we’ll continue to fight for our right to free expression.”

This motion was in response to a lawsuit Carleton Lifeline filed against Carleton
University after the University had members of the student club arrested for expressing
controversial views. The lawsuit named Carleton University as well as members of the
Administration as defendants.

Carleton University’s motion attacked Carleton Lifeline’s Statement of Claim, the
document setting out the reasons for the lawsuit and the relief sought. Carleton University
asked the Court to strike the Statement of Claim on the grounds that it disclosed no
reasonable cause of action and was frivolous, vexatious and an abuse of the Court
process. Carleton Lifeline filed written arguments and made oral arguments at the hearing
of the motion which was heard July 12, 2011 and July 13, 2011. Had the Court accepted
Carleton University’s argument the lawsuit would have ended at this stage.

Madam Justice Giovanna Toscano Roccamo’s decision was released August 5, 2011. In
her decision, Justice Toscano Roccamo struck Carleton Lifeline’s claim for breach of
fiduciary duty and upheld their claim for wrongful arrest. Justice Toscano Roccamo
struck the claims for negligence, breach of contract, breach of the Canadian Charter of
Rights and Freedoms as well as the claims against the individual defendants but has
allowed Carleton Lifeline to amend these claims so that they may proceed.

Carleton University sought to strike the entire Statement of Claim, thereby putting an end
to the lawsuit, but Carleton Lifeline was successful in preserving the action. Carleton
Lifeline is now in the process of amending their Statement of Claim so that it complies
with the decision of Justice Toscano Roccamo. The Amended Statement of Claim must
be filed by September 4, 2011.

Albertos Polizogopoulos, Carleton Lifeline’s legal counsel stated, “While this was a split
decision, the fact that the lawsuit survived and that Ms. Lobo and Mr. McLeod have the
opportunity to amend their Statement of Claim can be counted as a victory.”

A copy of Madam Justice Toscano Roccamo’s decision can be viewed online at:
http://www.carletonlifeline.wordpress.com

For more information please contact Lifeline’s legal counsel, Albertos Polizogopoulos at
(613) 241-2701.


Read the comments at the Carleton Lifeline website.