One denial

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Hearings resume at 0930 hours (9:30 am) this morning, Tuesday, 27 January 2009. James Stewart, Crown Law Office – Criminal – Ministry of the Attorney General, will take the stand.  Thanks to Premier Dalton McGuinty and his Attorney General without doubt Stewart will be on and off the stand in the twinkle of an eye.

I have posted a page for Justice Robert PelletierThe transcript is posted, as is a news clip from AM1220.  I am just about to post the Freeholder’s article of today.

There truly isn’t much to say about Pelletier’s testimony.  On and off the stand in one short day.  He was accompanied by not one, but two, lawyers: Mr. Ian J. Roland   and Ms. Tina Lie from the law firm Paliare Roland Rosenberg Rothstein. 

To be quite honest I was fed up with it all by mid afternoon.  The webcast feed was coming and going and there just wasn’t anything of any substance being asked of or said by Pelletier.  Kid gloves.

What I will say is that this certainly didn’t sound the same man who penned that memo to Peter Griffiths back in 1997, the one in which he refers to Perry being on “a crusade.”  The Pelletier on the stand chose his words ever so carefully and, unless I missed, said not an uncharitable word about anyone.  He didn’t deny any uncharitable comments of the past, but neither did he add to them.

No, sorry, there was one denial of one uncharitable comment which I caught, but there was nothing from him in black and white on that.  That denial entailed an exchange between Pelletier and Carson back in 1997 during Father Charles MacDonald’s preliminary hearings in Ottawa.

Frank Horn was once again absent for cross examination so Dallas Lee raised the question.  Here is the exchange:

MR. LEE: Mr. Chisholm testified here in October of 2007 and what he told us is that he spoke with you during a break, during the course of the Charles MacDonald proceedings, and said to you, “Charlie is going to walk under Askov,” and Mr. Chisholm told us, and I quote, “And he just sneered at me, ‘You’re delusional.'”

Do you have any recollection of that conversation, sir?

MR. JUSTICE PELLETIER: Who was the conversation between?

MR. LEE: Purportedly between Carson Chisholm and yourself.


MR. LEE: Wherein Mr. Chisholm suggested that Father MacDonald was going to walk under Askov, and you are purported to have replied, “You’re delusional.”

 MR. JUSTICE PELLETIER: I have no recollection of that conversation and I would not address a member of the public by telling them they’re delusional, sir.

Carson has recounted this exchange for years.  If I recall correctly it transpired at a time when the public attending the 1997 hearings had become aware that Michael Neville had some particular expertise in  Charter rights to a speedy trial  and were growing increasingly concerned that Charlie would “walk.”

Justice Pelletier says he would not “address a member of the public by telling them they’re delusional”

Who to believe?  Perry Dunlop’s brother-in-law – an auctioneer and Real Estate agent?  Or Justice Robert Pelletier, a federally-appointed judge of the Ontario Superior Court of Justice?

In this instance I’ll go with Carson. Not because I have come to know him over the years but because I have heard him recount the exchange since 1997 and was personally very aware of the public concerns back in 1997 that, at the rate things were going, Charlie would “walk.” 

One other thing.

On 18 January 1996, just days after he was asked to become involved in the Project Truth cases, Pelletier met with and was given an initial briefing by Judge Lennox. 

That’s Judge B.W. Lennox, the judge who, only months earlier (12 September 1995), gave Malcolm MacDonald an absolute discharge.

What kind of briefing did Pelletier get from Lennox?  We can only guess.

Oh yes, one other thing.  Citizens for Community Renewal was hard at it again, hypothesising and trying to dump more dirt on Perry.  I will look that up in the transcript.

I will get at the transcripts to see what I missed. Please blog your observations and fill in all I have missed.


The Cornwall Police Service is begging for an extra hour to present its aural submission!  Justice Glaude will rule this afternoon.


Murray Segal has been shifted on the roster.  He will now give evidence on Friday, the final day. In other words, the AG’s witnesses will be interrupted by the School Board witnesses.  The inquiry will wrap with Murray Segal on the stand.



James Stewart is now on the stand.  He spent three years as an assistant Crown in Sudbury, Ontario.  He was in the Ottawa Crown’s office 1976 to 1999.  I am quite certain that puts him at work with Colin McKinnon.  Will check.

Enough for now,



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