Contempt of Court
April 21st, 2019
Contempt of Court is a big deal. It’s a disrespecting of the institution of the Court.
Think about politicians. Some are good and decent people, smart and energetic while some, no doubt, have the IQ of a tub of margarine. Still, good or bad, we respect the honourable offices they hold by showing respect for the persons holding them.
On the other end of the spectrum, there are those who are not, perhaps, quite as respectful as they ought. For instance….
“If you’re not going to suck my dick, Sir, I don’t want to be here.”
Um, well, this is a good example of what not to say to a Judge. Yet a defendant in the US State of Georgia said just that to Justice Bryand Durham in 2016 in, ironically, an oral Motion.
Judge: “I am finding you in contempt of Court.”
Defendant: “I don’t care.”
Judge: “I know you don’t. And I sentence you to twenty days for that. And if you say anything else, I’m going to add twenty days for everything you say.”
See, this isn’t going well. Probably a good idea to stop talking. You know, at least be respectful going forward.
Defendant: “Fuck you.”
This was a poor decision.
Judge: “Forty days.”
Defendant: “Fuck you again.”
This guy isn’t learning. Contempt of Court will cost you, and it rightly should. And in this case, the defendant would’ve been wise to cut his losses and start acting nicely. But he didn’t.
Defendant: “Go fuck yourself.”
Judge: “A year.”
Defendant: “Your mama…”
Judge: “Ten years.”
Defendant: “Suck my dick”
Judge: “You know something, this is going to be an interesting trial.”
Indeed. Look folks, this is what contempt of Court looks like. What PS Knight has done isn’t contempt, it’s the opposite. We have honoured the Rulings of the Court even when we thought them absurd. Yet, as we reported in early April, the Canadian Standards Association (CSA) has filed contempt of Court charges against us.
So what is CSA trying to accomplish this time?
Well, according to their filing, they want the Federal Court to order that “Gordon Knight be imprisoned.”
That’s right, the CSA wants me imprisoned. And for how long? “Five years.”
Oh, and to rub some salt in the wound, “Knight Co and Gordon Knight [should] pay costs of the contempt proceedings, including the costs of obtaining the Show Cause Order,” meaning the Hearing itself.
Does this make sense to you? You know, in most civil societies the government tries to imprison the guilty and defend the innocent. In Canada, the Civil Service is trying to profit the perpetrators and lock up the victim. This conduct makes a mockery of justice.
Back to Georgia, the genuinely contemptuous defendant thought it would be a boon to his case to ask Justice Durham to perform fellatio on his “big old donkey dick.”
He further augmented his legal arguments by specifying that he “doesn’t fuck girls.” Vital information. Rather, he said, “I fuck white boys …with big butts.” Ah, specificity. Always helpful.
Again, such conduct is vulgar and very contemptuous of Court.
As to CSA’s understanding of contempt of Court, here’s a selection from their contempt arguments;
“We [CSA] are one of the world’s most well-known and highly regarded standards development organizations.” [para.5]
They’re well-known alright, but highly regarded is highly implausible. Too many people know too much about CSA.
“CSA is well-known in Canada and internationally for developing standards in various fields and industries that address important needs, such as enhancing health and safety, improving quality of life, preserving the environment and facilitating trade.” And masturbation. Can’t forget that one.
As an aside, CSA brags about thorough testing of their standards. Who at CSA do you suppose tested their infamous masturbation standard?
Actually, after reading our piece, one reader referenced CSA as the Canadian Sperm Association. He wrote entertainingly; “God only knows how much testing would be required to determine standards for speed, friction, torque, lubrication, power consumption, mean time between failures….”
Back to CSA’s contempt filing, avoid thinking of CSA masturbation standards for the following sentence;
“Such persons [on Code committees] are selected because of their broad skills and expertise”.
Indeed. But CSA hardly leaves it there;
Persons are definitely not selected “because they have paid to be on the committees or so that they can advance the interests of any employer.” [para.18]
So there’s no connection between the money people pay and the benefit CSA gives them in return? Would CSA have selected them if they didn’t pay? I mean, why does CSA advertise the benefits of paying for influence if that influence is unrelated to the payment?
Also, note how sensitive they are to pay-to-play issues? Yeah, they know they’re cornered.
But does any of this sound like contempt of Court? We should all know what disrespect in the Courtroom looks like.
For instance, Your Honour; “can we get a court order to get my dick sucked, Sir?”
Yeah, like that. That was the vulgar Hearing again.
That’s what contempt of Court is like. And it’s not really a grey area of law.
I’ve got some serious respect for Justice Durham though, when one reads what he had to deal with;
Defendant: “Suck my dick.”
Judge: “Shut up. Listen to me.”
Defendant: “Suck my dick, you fuckman.”
Defendant: “Suck my dick.”
Judge: “You will be here in Court on Mon-“
Defendant: “You’ll be here sucking my dick.”
Judge: “You will listen to me now.”
Defendant: “Go fuck yourself.”
The CSA, on the other hand, is trying to spin the hopelessly implausible and, let’s face it, the banal and boring, into some great crime of contempt;
“All contributors […] are volunteers who participate in their individual capacities and not pursuant to employment duties for anyone else.” [para.19]
Absolute rubbish. This notion, that hundreds of highly skilled engineers volunteered their time, only on evenings and weekends, to amend legislation, just for personal interest or community spirit, -this untenable notion is what had the Judges of the Federal Court of Appeal burst out laughing. And, of course, it’s not a matter of contempt.
Sometimes CSA tries entirely inexplicable things;
“The Respondent, PS Knight Co Ltd, is an Alberta corporation with a registered address at 7131A 6 Street SE, Calgary AB, T2H 2M8.”
Nope. This isn’t our address and never has been. Curiously, the CSA couriered their original lawsuit to our actual address in 2012, so they ought to have it in their files.
“Then,” said CSA, “the Respondents did something completely new. In 2015, they announced plans to put out a word-for-word copy of CSA’s 2015 Code. The Respondents never before produced such a publication.” [para.29]
So it’s completely new, never before produced? Really?
We’ve got a full colour picture of our pre-launch 2012 Canadian Electrical Code elsewhere on this website. Folks, this shot has been on this website since 2013 (you can see it as originally posted here). Also, this book featured in numerous Discovery testimonies.
It’s said that governments can get away with corruption or incompetence, but not both. Anyway…
You may recall our reporting of CSA’s Safety Alert about PS Knight products, their claiming that Knight’s Code contained 180 errors, posing a serious risk to public safety, etc. You may recall that the Federal Court Ruled that there were no such errors in Knight’s Code, and that CSA then defied the Court Ruling by keeping the defamatory Safety Alert on their website. It’s still there, by the way. Well, in this context, consider this CSA claim;
“I have reviewed a copy of the Respondent’s copycat 2018 Code and I confirm that this publication appears to be essentially a complete and total copy of the entirety of CSA’s 2018 Code.” [para.41]
Or this one;
“I reiterate that, as a whole, the Respondent’s copycat 2018 Code publication is essentially a verbatim copy of the entirety of CSA’s 2018 Code.” [para.43]
So how could Knight’s Code be the same text in Court, verbatim, and yet in public be so very different as to be a danger to public safety? They don’t address that question.
Actually, they don’t address any of the big questions in their contempt of Court filing. So we did.
In our response to Court, we pointed out that we haven’t breached any Court Ruling at all. We also noted that CSA requested a functional stay of proceedings, pending Supreme Court Review. “Therefore,” we said, “Knight Co is [behaving] with CSA’s written consent.” [para.2] Then we noted that CSA’s written consent was already filed by CSA itself, “found at Exhibit N of the Affidavit of [CSA’s] Doug Morton.”
Bit of searing irony, there.
Then we noted that the Hon. Justice Barnes of Federal Court has already Ruled that we’re not in breach of anything, and he ordered that CSA’s motion against us be dismissed.
Then we noted that CSA “sent a letter to us and to the Court on Jan 10, 2019 confirming the stay”. [para.7]
Then we noted that CSA’s been caught trying to foreclose on our rights to appeal in the past. [para.12]
Then we pointed out that CSA’s contempt motion “is a collateral attack on Justice Barnes’ order dated October 29, 2018 [and] has been brought without cause.” [para.13]
Our response to Court was a calm and clear declaration that there has been nothing whatsoever even remotely contemptuous in our conduct toward any Court process or Ruling.
On the other hand, if we’d said something like this, perhaps in Georgia….
“You’ll find out how nasty I am when I murder your whole family, bitch.” But Justice Durham is male, so the insult landed flat. Still; “The babies will be going, ‘Daddy, Daddy, help me.” But the Judge has no children. “Well then I’ll get your nieces, your nephews, your sister.” Replied the Judge; “I don’t have any of those either.”
See? That’s contempt.
“I will murder your whole family. I’ll cut your children into pieces. I’ll knock their brains out with a fucking hammer and feed them to you.”
Swell guy. Then, for good measure;
“I’ve got a big dick now, and if I pull it out….”
The CSA has no idea what they’re doing. It’s just massive incompetence over there. They started a lawsuit claiming to own the law itself, they undertook no due diligence whatsoever before filing it, they got caught violating the Public Review Law, they got repeatedly caught in their own lies in public and in Court, the latter being criminal perjury, and now they’re actually trying to send someone to prison for five years on a charge of contempt.
You know what contempt looks like, and defending one’s position in Court is not a crime.
The State of Georgia vs. Denver Allen transcript quoted above is getting famous online. It’s a wild ride and an oddly entertaining read. If you’re interested, the full transcript is available here.