Conrad Black loses bid to mount in-person defence to keep his Order of Canada

Conrad Black, who never met a polysyllabic word he didn't like, is being denied a chance to unleash his formidable vocabulary in defence of his Order of Canada.

The Federal Court of Appeal ruled Monday that Black does not have the right to appear before the order's advisory council in person to argue against being stripped of the honour, upholding a Federal Court ruling last May, The Canadian Press reported.

Lord Black of Crossharbour, who gave up his Canadian citizenship to accept the British peerage in 2001, is trying to rebuild his life in Canada after his business empire crumbled and he found himself behind bars in the United States.

Black served more than three years in prison for fraud and obstruction of justice related to allegations he stole some US$80 million from Hollinger International Inc., the media empire he built up and ran. Several counts were tossed out on appeal but the main fraud and obstruction charges — the latter related to Black's removal of documents from Hollinger's Toronto office — were upheld.

Released in May 2012, Black obtained a ministerial permit to return to his Toronto home and has been gradually re-emerging as a public figure — though he was never really out of the public eye.

He co-hosts a talk show on Vision TV called The Zoomer, writes a column for the National Post, which he founded, and last spring produced the latest in a string of well-received historical works, Flight of the Eagle: A Strategic History of the United States, a disillusioned look at America. He's also talked about regaining his Canadian citizenship.

[ Related: Conrad Black gets temporary residence, but road back to Canadian citizenship could be rough ]

Right now he's trying to prevent the Order of Canada's advisory council from stripping him of his position as an officer in the order, an honour he received in 1990, because of his status as a convicted felon over his 2007 U.S. convictions.

The advisory council, headed by Supreme Court Chief Justice Beverley McLachlin, is reviewing Black's membership in the order, based on a 2011 letter from Stephen Wallace, secretary to the Governor General, sent after Black was re-sentenced on the two sustained U.S. convictions.

Grounds for considering termination include "when the person has been convicted of a criminal offence and when the conduct of the person constitutes a significant departure from generally-recognized standards of public behaviour which is seen to undermine the credibility, integrity or relevance of the Order, or detracts from the original grounds upon which the appointment was based," Wallace's letter says.

Black was given the option of resigning voluntarily or "making written representations" by Aug. 17, 2011. Black wrote Wallace on the deadline that he would not resign and requested a personal hearing before the council. He said the complex nature of the issue and the fact a number of fellow members of the order were prepared to speak on his behalf necessitated a personal appearance.

Black's request was turned down in June 2012, about a month after he returned to Canada, but he was invited to make his arguments in writing. That triggered Black's trip to court to force the issue.

In its October 2012 ruling, the Federal Court noted the final decision for Order of Canada appointments is made by the Governor General on the advice of the council.

Likewise, the decision to revoke someone's membership is also made by the Queen's Canadian representative following the council's review, a recommendation that "must be made fairly and based on evidence ..." Justice Yves de Montigny also noted the Governor General is not bound by the council's recommendation.

[ Related: Why does convicted fraudster Conrad Black still have his Order of Canada? ]

In the end, de Montigny found order recipients like Black had no legal expectation to receive the honour or keep it. Conferring the order on someone is the Governor General's prerogative. In a nutshell, the GG giveth and the GG taketh away. Therefore, Black had no procedural right to a personal hearing.

On Monday, a three-judge Federal Court of Appeal panel upheld the decision, also reinforcing de Montigny's observation that ejecting Black from the order would fatally tarnish his reputation.

"Any reputation damage from him flows from his convictions," said Appeal Court Justice Robert Evans said.

Only five Order of Canada recipients have been tossed out of the order: one-legged runner Steve Fonyo, lawyer T. Sher Singh, NHL Players Association boss Alan Eagleson, theatre impresario Garth Drabinsky and aboriginal leader David Ahenakew. The first four were convicted of criminal offences while Ahenakew was acquitted of wilfully promoting hatred through anti-Semitic comments.