This is a former reference: BC judge removes the “dead parrot” joke from the class action ruling
This is a former reference.
It no longer exists.
A few days after the CBC News report highlighted Canada’s judicial affair with Monty Python, a BC judge removed all references to the British comedy troupe’s iconic “dead parrot” sketch from the recent class action certification decision in BC. and
When it was first published on Monday, the British Columbia Supreme Court Judge Ward Branch’s ruling against Krishnan vs. Jamieson Laboratories and others began in the 1969 BBC TV short. The wholesale rendering of the drama, in which the angry Mr. Prahran and the cunning shopkeeper bought a Norwegian blue parrot that seems to have “freed its deadly coil.”
Branch continued to compare the plaintiff Ultra Kumari Krishnan with Mr. Praline, played by John Cleese in the draft, to seek justice for the sale of glucosamine sulfate products that are said to be free of glucosamine sulfate.
“Like poor Mr. Prahran, [Krishnan] She complained that the health products she sold did not have the content on the bottle,” Branch wrote.
The “corrected judgment” that replaced the original ruling on Friday did not mention Mr. Pralin or the parrot.
“It’s not common to see jokes deleted”
Within hours of the publication of the widely circulated CBC report, the original judgment disappeared from the court’s website.
Branch did not give a reason for the correction.
Amy Salyzyn, head of the Canadian Legal Ethics Association and associate professor of law at the University of Ottawa, said that in addition to the humorous background, the revision of the ruling also raised some serious issues.
She said judges often revise decisions to correct spelling and dates and comply with the requirements of the publication ban. Mistakes happen to everyone.
“But I question whether the editor’s judgment is appropriate to delete jokes that I regret later,” Salyzyn told CBC News in an email.
“One way to look at a bad attempt at judicial humor is the judge’s wrong judgment. It can be said that it is in the public interest to be open and transparent and allow the public to see the error. It is certainly not a common judgment to see a joke deleted.”
Comedy feathers are plucked
The decision allowed Krishnan to file a class action lawsuit against the manufacturers of many products that claim to contain glucosamine sulfate-which allegedly relieves osteoarthritis.
According to the ruling, scientific testing allegedly did not find glucosamine sulfate in a bottle of Webber Naturals Glucosamine Sulfate 500 mg capsules.
The manufacturer disputed this statement and stated that they passed Health Canada’s glucosamine sulfate test program-an argument that initially led the judge to make an analogy with the second dead parrot.
“Health Canada’s testing protocol cannot turn dead parrots into live parrots,” Blanche wrote in the first decision.
The judge removed the comic color from the revised ruling, which now reads: “Regardless of Health Canada’s regulatory framework, determining whether a product is’what it says’ is a major issue.”
A court spokesperson did not respond to a request for comment on Friday.
The judge’s humor is “challenging”
The removal of this joke means that Branch’s ruling will no longer form part of the precedent for the death of a parrot revealed by CBC’s search of the Canadian Institute of Legal Information database.
Federal and provincial judges have cited giant pythons—especially sketches of dead parrots—in cases dealing with false statements and closed entities.
The Canadian judiciary seems to like the organization, and its original members-Cleese, Eric Idle, Michael Palin, Graham Chapman, Terry Jones, and Terry Gilliam-created Flying circus A TV show aired on the BBC between 1969 and 1974.
The band has an enthusiastic following in Canada, which is the background of another of its most famous satirical works. Lumberjack’s Song, There is a sentence “I am a lumberjack, I am fine”.
A search of the Australasian Legal Information Institute’s ruling reveals that Australian judges have a similar love of python references, and that the country’s inland philosophers are included in the organization’s so-called Song of Blues.
In 2016, a judge in Melbourne accused a school district of behaving like a parrot shopkeeper who died in the 1975 film and a knight Monty Python and the Holy Grail, He said “this is just a skin wound” after his limbs were severed.
A widely cited book on Australia’s defamation law also pointed a line: Holy grail As an example of abusive but non-defamatory remarks: “Your mother is a hamster, and your father smells elderberry.”
Salyzyn of the University of Ottawa suggests that a lesson can be found in the BC Dead Parrot Reference, which, in sketch terms, “no longer exists.”
“The judge is in a dangerous situation when trying to humor,” she said. “It might be better to leave a joke in the written decision.”