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Machete Brawl At Sri Guru Nanak Sikh Centre In Brampton Called Disgraceful By Judge


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http://www.thestar.com/news/crime/article/1130229--machete-brawl-at-sri-guru-nanak-sikh-centre-in-brampton-called-disgraceful-by-judge

A Superior Court judge called the power struggle that resulted in machete violence at a Sikh temple “disgraceful” and he doesn’t have praise for the resulting legal aftermath.

Brampton’s Sri Guru Nanak Sikh Centre made headlines in 2010 when a clash involving hammers, machetes and construction knives sent four men to hospital, and another four men into the criminal justice system for assault and weapons charges. According to court documents, the main incitement that day was a coup d’etat by a rogue group.

On April 18, 2010, this group claimed to vote out a recently elected board of directors, changed the locks, and filed paperwork with the province, seizing control of the temple. In his recent decision Justice David Corbett called the events a “lawless charade.”

The rogue group that staged the illegal overthrow is now listed as 15 defendants in a civil case for control. While some of the men had no history with the temple, others were former board members, founders and congregants who had been in good standing before internal disputes over membership and alleged financial mismanagement.

At the beginning of his decision, Corbett writes that the “long sad history” of conflict at the temple is an embarrassment that has to stop.

“Consider: groups of grown men, unable to agree on how to run their temple, have resorted to violence as if they were a group of pre-adolescent children,” he wrote. “What sort of impression does this create in the broader community of the Sikh religion and the Sikh community?”

While both sides engaged in “brinksmanship” and both are to blame for not bringing their issues to court earlier, the principal fault lies with the defendants, Corbett wrote. “. . . it is clearly true that the aggressive and provocative actions of the defendants created a situation where violence was not just possible, but also likely.

“For this, they should be ashamed of themselves,” he wrote.

Although their conduct was “highly provocative” Corbett writes that the “current directors or their supporters may have gone further than the law allows in responding to this illegal conduct.”

In the decision, Justice Corbett upheld an interim injunction that bars the defendants from pulling similar shenanigans pending the outcome of further litigation. Throughout the 65-page decision, he has harsh words for the defendants’ legal strategy.

“Litigation is not some childish game,” he wrote. “It is a not acceptable to lie under oath or to falsify documents to try to win a lawsuit for control of a temple.”

He scolded the defendants for making irresponsible statements about stolen donations under the protection afforded to witnesses in legal proceedings.

In a factum that reads like an “unbounded screed” the defendants alleged that the current board “has and is misappropriating funds.” They point to a 2006 video that allegedly shows one of their rivals taking money while helping count donations at the temple.

The temple says the video was made as a public service announcement as they occasionally have “Hymn Singers” from impoverished parts of India visit. The video served as a reminder to those guests who might be tempted by the riches, they said. Peel police investigated and concluded the “theft” in the video was staged, closing the investigation and calling it “unfounded.”

The defendants believe there are two videos and want the investigation reopened.

“Of course, that (police) conclusion does not preclude the defendants pursuing this issue in their counterclaim. But on the record before me, to this point I am not satisfied there is a basis for these allegations,” Corbett wrote.

In addition, other issues involving alleged fiscal mismanagement “relate to activities that took place when defendants were members of the board, activities which they themselves approved.”

The judge did not grant the defendants’ request for a third-party monitor of the temple, noting that they have to “do more” than assert a personal belief in wrongdoing.

Later, he wrote: “I make no comment on the relative cleanliness of the hands of the current board. That may have to await trial on the issues concerning financial irregularities. The defendants’ hands are grimy with deceit.”

On a lighter note, the court was “bemused” when defendants relied on “the Charities Act” to support their allegations. The legislation is from Prince Edward Island and does not exist in Ontario.

“Counsel did not lose a meritorious case for his client here. He ‘pulled out all the stops’ here, including a few that ought not to have been pulled,” Corbett wrote.

The defendants’ lawyer, Sidney Klotz, refused comment on the case when contacted. The separate criminal trial relating to the violence at the temple begins next January.

Here is the official court case document between two miserable parties who have hijacked place of worship and sangat for their own "chaudar". Please see-attachment.

2012onsc716-1.pdf

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One point in the case document really strikes me:

[13] I understand that these are emotional issues for the parties. Some of the

defendants have played key roles in founding and building the plaintiff. Together with

some of the plaintiffs, they have built a wonderful and vibrant institution. But they do not

own it. And these defendants’ past good deeds and leadership do not justify their

misconduct.

This should gives all the sikh sevadars huge reality check not to attach yourself with seva you are temporary given, and DO NOT try to own it or try to influence elements in the seva. At the end of day, just because you helped make an gurdwara, policy, its structure that does not mean you somehow own it, self obsessiveness, control has no place in seva concept of sikhi.

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It's outright embrassing when judge has to tell these outlaws no matter how righteous their mindset might be, you have to stay within law:

I cannot leave this matter today without expressing my sorrow. The

plaintiff is a vibrant and important cultural institution in the Region of

Peel, and, indeed, to the Province as a whole. I do not doubt that the

individuals on both sides are sincere and really have nothing at heart

other than the welfare of the plaintiff and its contribution and

significance to the Sikh community, which is such a vibrant feature of

life in our city. If a mediated solution might be possible, the court

would be very open to facilitate that when the matter comes back to

court.

Call me fascist, but if these outlaw hooligans cannot stay within law, then they should go back to India.

I think sri akaal takth sahib need to intervene in these gurdwara matters and try to resolve them before our people embrass the community by taking these petty issues to Canadian court and waste tax payer money.

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It's outright embrassing when judge has to tell these outlaws no matter how righteous their mindset might be, you have to stay within law:

Call me fascist, but if these outlaw hooligans cannot stay within law, then they should go back to India.

I think sri akaal takth sahib need to intervene in these gurdwara matters and try to resolve them before our people embrass the community by taking these petty issues to Canadian court and waste tax payer money.

Unfortunately building gurdwaras (especially here in the Greater Toronto Area) is a business. These so-called 'sevadars' build them simply so they can run their own agendas through THEIR gurdwara. There's even someone who bought a building, made it a banquet hall for weddings, was unsuccessful and went bankrupt, so he converted it into guess what? A gurdwara. There's a lot of money and ego (power) that runs through them and it can attract the type of people that are attached to both maya and ego.

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It's outright embrassing when judge has to tell these outlaws no matter how righteous their mindset might be, you have to stay within law:

Call me fascist, but if these outlaw hooligans cannot stay within law, then they should go back to India.

I think sri akaal takth sahib need to intervene in these gurdwara matters and try to resolve them before our people embrass the community by taking these petty issues to Canadian court and waste tax payer money.

If they are canadian citizens they should be dealt under the law of land. if they commit crime there are laws to deal

with that. Crime take place in every society.

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Crime take place in every society.

Society? Yes. But temples? Come on now. Just look at abroad gurdwaras, most gurdwara have legal battles going, committee rula have all gone to the courts. Then we wonder, why young generation of sikhs are soo put off by sikhi? Can't we blame them?

Sri Akaal Takth Sahib should create a task force to deal with these gurdwara abroad issues of management/mismanagement, if matter have gone to worst, court should use finding by task force in their decision making process to enforce it, instead of secular court settling tribal issues in the community, how embarrassing and sad.

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N30singh ji

That does not mean that they should be sent away from Canada. They should be dealt within Canadian system of justice.

What will you say about those who immigrate to Canada from India by fraudlent means. Are not they lowering our imagae as well.

They should be the ones to be sent out and there are plenty of them.

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I am not suggesting they should be deported,. I am suggesting if they keep engaging in this type of behavior at the place of worship. Then they should go back instead of giving whole community an bad name. Obviously, this type of behavior at the temple came from India itself. We have a sad long history of gurdwara committe conflicts/issues...which makes me question effectiveness of committee system. It should be totally revamped.

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In India we have sGPC to manage our Gurudwaras and that is elected by direct voting.

Our People immigrate to foreign shores especially Canada adopting tactics that amount to fraud.

They lower our image much more than these fights in gurudwaras here and there.There have been

cases where father married his daughter to earn immigration. That is outrightly condemnable. We should raise

our voice against such tactics.

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