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U.S. newspaper can be sued in Canada.

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U.S. newspaper can be sued in Canada By PAUL WALDIE Globe and Mail Wednesday, February 4, 2004 - Page A12 A former senior official at the United Nations has won the right to sue The Washington Post for libel in a Toronto court even though the lawsuit has nothing to do with Canada. The case involves Cheickh Bangoura, who headed a UN agency in Africa from 1994 to 1997. Mr. Bangoura's contract was not renewed after a series of articles appeared in The Washington Post which accused him of sexual harassment, financial improprieties and nepotism. Two United Nations' panels later cleared him of any wrongdoing and ordered the organization to pay him compensation. The decision "not to continue [Mr. Bangoura's] employment was tainted by abuse of power on the part of the [UN] Administration," one of the panels concluded. Mr. Bangoura, who moved to Canada in 1997, sued the Post last year for libel in the Ontario Superior Court. He is seeking $10-million in damages. He is also suing a former spokesman for UN Secretary-General Kofi Annan for allegedly repeating the allegations during a press conference. ...read more.


Jan. 27, 2004. 04:25 AM Battle over nets heats up in court Kelly Toughill Globe and Mail ATLANTIC CANADA BUREAU HALIFAX-Fishing boats that drag heavy nets across the ocean floor destroy habitat crucial to the survival of Canada's once-rich fishing industry, environmentalists argued yesterday. A long-running fight between those who fish with hooks and those who fish with nets ended up in federal court yesterday, with a Halifax environmental group asking for a judicial review of rules that allow boats to drag the ocean bottom. "Look at the science, look at the economics, use a little common sense," Mark Butler, of the Ecology Action Centre, told reporters during a break. "There is a better way to do this." Lawyers for the Ecology Action Centre showed dramatic footage in court of how draggers use a net to scrape the bottom of the ocean, ripping up the rocks and seaweed that juvenile fish use to hide from predators. "The DFO (Department of Fisheries and Oceans) is not respecting its own legislation," Butler said. "By licensing draggers, they are facilitating the destruction of fish habitat." The Ecology Action Centre has asked the court to rule that the fisheries department violated the Fisheries Act when it allowed draggers on George's Bank, a productive section of the seabed south of Nova Scotia. ...read more.


The appeal court cited "significant developments" since the trial judge ruled, including a Supreme Court of Canada decision. "It appears that the fact that the church is in the category of a non-profit charitable organization is one which weights in favour of not imposing vicarious liability upon it in circumstances where, as in this case, the injured party can make full recovery from Canada," wrote Justice William Esson. Churches operated residential schools for the federal government until the 1970s. Ottawa originally set up the live-in institutions to help "Christianize" native people, starting with their children. Former Indian affairs minister Jane Stewart officially apologized in 1998 for widespread abuse in the schools. The move unleashed a wave of lawsuits against the federal government. More than 12,000 plaintiffs are now suing for compensation. Ottawa has announced a $1.7-billion plan to speed out-of-court settlements, of which it will pay 70 per cent for proven physical or sexual abuse. At current rates, it's estimated residential school claims would drag on in court for 50 years and run up legal bills of at least $2 billion - not including settlements. Ottawa also faces a class-action lawsuit that, if certified, seeks up to $12-billion in damages for all forms of abuse, including loss of native languages and culture. ...read more.

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