Ruling reserved on Conrad Black’s bid for Order of Canada hearing
CBC News
Posted: Aug 24, 2012 7:28 AM ET
Last Updated: Aug 24, 2012 2:40 PM ET
Conrad Black speaks in Toronto on June 22, 2012. Black says it would heap insult upon injury to strip him of membership in the Order of Canada over U.S. criminal convictions when no Canadian court would have found him guilty of the same charges. (Chris Young/Canadian Press)
Related
Related Stories
External Links
(Note:CBC does not endorse and is not responsible for the content of external links.)
Former media baron Conrad Black will have to wait to find out whether he will be given the chance to explain in person why he should be allowed to remain as an officer of the Order of Canada.
Justice Yves de Montigny of the Federal Court in Toronto reserved his decision after hearing more than two hours of legal argument Friday.
Black's 1990 appointment as an officer of the Order of Canada is under review by an advisory council because of fraud and obstruction of justice convictions related to his tenure as head of the Hollinger newspaper empire. Black served 37 months in a Florida prison for those crimes and was released earlier this year.
Among their 10 points, Black’s lawyers argued that he was not convicted in Canada and said, contrary to the argument made by lawyers for the advisory council, Black does not intend to use his hearing to "re-litigate" his U.S. criminal convictions.
Lawyers for the council argued that no decision has been made to strip Black of his honour and that should that happen, he has the right to appeal the decision.
In the meantime, they said, the issue of his right to an oral hearing is not something the court has an interest in.
No one has ever challenged the decisions of the advisory council.
But it is bound by regulations which say it shall consider "the termination of a person's appointment to the Order of Canada if the person has been convicted of a criminal offence."
In an affidavit filed in Federal Court, Black said there are grounds to show he was treated inappropriately and unfairly throughout his "lengthy interaction with the American justice system."
He says no Canadian court would have convicted him and he wants an oral hearing to make that point, with the help of witnesses, so he can look the Order of Canada's advisory council members "in the eyes."
The advisory council has already turned down his request to appear in person to argue his case.
According to the rules governing the termination process, a person whose appointment is being reviewed has the right to "make representations in writing or as the secretary general may authorize." There is no specific mention of the right to an oral hearing.
The 11-member council, which is chaired by Supreme Court of Canada Chief Justice Beverley McLachlin, is reviewing Black's case and will make a recommendation to Gov. Gen. David Johnston.
Appointment as an officer of the Order of Canada is meant to recognize "a lifetime of achievement and merit of a high degree, especially in service to Canada or to humanity at large."
Black renounced his Canadian citizenship in 2001 to accept a peerage in the British House of Lords. While in prison, he applied for and was granted a temporary resident permit, which would allow him to live in Canada until May 2013. He has said he wants to regain his Canadian citizenship.
With files from The Canadian Press and CBC's Mike HornbrookShare Tools
Latest Sudbury News Headlines
- Petition looks to rename Victoria Day
- A group that includes some prominent Canadian actors, writers and politicians is calling on Prime Minister Stephen Harper to change the name of Victoria Day. more »
- Meet Ray Novak, the PM's new chief of staff
- Prime Minister Stephen Harper's new chief of staff is Ray Novak, 35. Here's a quick look at his background. more »
- Hospital's plan for temporary helipad runs into turbulence
- The Sudbury hospital's plans to build a temporary helipad just off Ramsey Lake Road met with unexpected opposition at a public meeting hosted by the hospital and air-ambulance officials Thursday night. more »
- Councillor's ward cited as unhealthiest in Sudbury
- A Sudbury city councillor said Friday he was stunned to learn his ward is one of the most unhealthy areas in Greater Sudbury. more »
Must Watch
Top News Headlines
- Unknown remains found on Dellen Millard's farm
- Police searching the farm of Dellen Millard, the 27-year-old charged with first-degree murder after the remains of Ancaster, Ont., man Tim Bosma were discovered, have found other remains on the property, but it's unclear if they are human or animal. more »
- Canadian on EI shut out amid foreign worker influx
- A jobless Canadian IT professional who is collecting employment insurance is upset because he now suspects several recent jobs he applied for went to temporary foreign workers. more »
- Can the Senate fire a senator?
- An expert on parliamentary rules says the Senate has the power to turf a senator from the chamber, as long as a majority approves the expulsion, and as long as there is cause. more »
- Nahlah Ayed: Vote-wary Iranians mull Ahmadinejad's successor
- Iranians go to the polls in less than four weeks to choose a new president. The reform movement is still smarting from its bitter defeat four years ago, but the jockeying for power is no less intense, Nahlah Ayed reports. more »

