Judicial Multiculti-ism Gone Awry

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1 Response

  1. D Cheifetz says:

    A Canadian example of judical multiculturalism gone awry was only financially and doctrinally shocking – in addition to being humorous fodder for all sorts of water-cooler discussion – but has since been corrected at the appellate level.

    In Ontario, Canada’s (reasonably) notorious fly-in-the-water-bottle decision [Mustapha v. Culligan of Canada Ltd., 2005 CanLII 11990, reversed Mustapha v. Culligan of Canada Ltd., 2006 CanLII 41807 (Ont. C.A.)] the trial judge wrote:

    [211] What was not mentioned by Dr. Ellis, but had been mentioned by Dr. Rai, was the background of Mr. Mustapha in the Middle East, where the devotion to and concern for the family is at a higher level than is found in North America, and the higher level of cleanliness and avoidance of insects practiced by this family than is usual, including taking food to and from an outdoor barbecue in covered containers, and covering the depressed top of the Culligan water dispenser with a plate, to preserve cleanliness when the bottle was removed. These things, in my view predisposed Mr. Mustapha for the reaction that occurred.