Clayton Ruby

Mr. Ruby is one of the leaders in Canada law and we are honoured that he has taken the time to address the issue of our legal right to get petitions signed in City parks. The Sierra Legal Defence Fund played the role of contacting Mr. Ruby and making the request for the letter that was sent (Oct. 10/01). We are thankful for this letter as, there is no doubt the City of Mississauga knows it has been put on notice that its actions toward us are being watched. As the City did everything it could to hide this letter not only from the public but even City Councillors, they do take it seriously.

Clayton Ruby is a partner with Ruby & Edwardh in Toronto, Ontario. Since being called to the Bar in 1969, Mr. Ruby has maintained an extensive criminal, constitutional and administrative law practice. Throughout his career, Mr. Ruby has served as counsel in innumerable high profile human rights, aboriginal and criminal cases.

In addition to his extensive legal practice, Mr. Ruby has been a prominent member of the environmental and human rights community.

His memberships and affiliations include:

· Director, Earthroots
· Director, Sierra Legal Defence Fund
· Director, PEN Canada
· Honourary Board Member, Mid-Toronto Community Services
· Honourary Patron, Native Men's Residence
· Community Associate, Social Planning Council of Metropolitan Toronto

Through his legal practice and community involvement, Mr. Ruby continues to further the recognition of human rights and environmental issues throughout Canada and North America.

Oct. 10 - 2001
About the obligations of the City of Mississauga and the Peel Regional Police under the Canadian Charter of Rights and Freedoms.
This letter was written in defence of our right to peacefully use public land to get petition signed.

Sound clip of - Clayton Ruby's Media interview outside of the Court room after Antonio Batista was convicted.

The recording is not the best but you can hear Clayton Ruby, one of Canada's top lawyers answer media (by The Democratic Reporter, Toronto Star and the Mississauga News), questions regarding the conviction of Antonio Batista for writing a poem to express his frustration about how Pat Satio, Councillor of Ward 9 of Mississauga for her not doing her job, responding to his letter about how the new homeowners were being asked to pay the taxes that the developers should have to. In the end they were given refunds so we know he was right. Others in the community got refunds too but only those who knew they were being taken to the cleaners. This is a case is what they say - bad cases make for bad laws. He made no direct or specific death threat in his poem, which was not even sent to her, it is was the interruption made by Pat Satio that it was a death threat poem that lead to his arrest and greatly expanded what a person can be arrested for on the whim of a Canadian politician! More here. Most intelligent, reasonable and unbias people who know the facts see that the arrest was to punish Mr. Batista for his efforts regarding getting tax refunds for his community AND NOT any poem he had written.

A very important quote by Clayton Ruby - "In Toronto do you think this would ever get to Court? No. They (Peel), must be awash in moneys, awash with money, swimming in money, because you would not rationalize it, to make it a priority in most places. Consider this, that serious crime that there is here of a violent nature that they can't seem to get on top of, the idea of putting this amount of police resources, prosecution resources, and judicial time for this prosecution is peculiar."

Victory for Antonio Batista
Not only does he win the Appeal, he is acquitted of all charges!

The Pot-hole Poet's Appeal, by Clayton Ruby regarding his conviction for making a so-called "uttering a threat to cause death" has been successful - overturned and in the words of the Appeal Judge {S.E. Lang J.A. and agreed to by Appeal Judges, Robert J. Sharpe J.A. & G. Epstein J.A.}, "The charge of intimidation included the same element of death threats. For the same reasons, it also cannot succeed. Accordingly, I would allow the appeal, set aside the conviction and substitute an acquittal of the appellant on both counts in the indictment."

The first ruling by a Peel Judge was very carefully dissected to show not only the injustice by of the way it was selective in what facts were considered but also goes into detail as to our Charter Rights trump such a frivolous use of a criminal charge when a Canadian makes statements regarding their elected officials. The reasonable person test was very clearly spelt out not only for use in the case but future use in Peel!

In conversation with Mr. Ruby, he notes it is unusual for the outcome of an Appeal to be an acquittal and "its not often that the Court of Appeal has to remind the Attorney General of the importance in a free society of the ability to criticize local officials, but they did, I hope he leans his lesson." Yes - as we all do!
In this Appeal it was put forward that the Verdict was an unreasonable one.
Mr. Ruby notes its "very unusual" as a "unreasonable Verdict is hard to obtain and they {the Appeal Judges} substituted an acquittal and that is the end of it. What they are saying is we are not going to allow you to put this man through it again."
Mr. Ruby has done so in the past but modestly does not recall how many times.

The pdf file of the judgment.

The soulless Persecution of Antonio Batista
For more about Mr. Batista and how unjust he has been treated & how it affect all of us.

And another scoop for the DEMOCRATIC REPORTER as the first media to post the whole rule - comments to follow.

Nov. 28-08