This week’s guest blog is written by Laurel Dietz, who is the owner and operator of Alinea Legal Coaching in Victoria, BC. Laurel is a lawyer who provides coaching and legal consultation to clients going through separation and divorce.
Yes, it Really is That Bad!
A lawyer’s observations on the SRL experience in the justice system
I was inspired to write this blog post after reading the November 15th, 2018 post by a Self-Represented Litigant (anonymous) who decided to file for her own uncontested divorce.
While the way our court registry is organized in BC is slightly different, the confusing and frustrating experience she describes is one that I have witnessed in person, and have heard described to me multiple times by clients I am coaching.
I am a lawyer in British Columbia and I coach self-represented litigants through the family law process. This can be helping them before they get to court, or when they are going through the court system. Prior to building my current practice, I practiced as a traditional full representation family lawyer. I continue, on rarer and rarer occasions, to appear in court to fully represent clients.
Because I coach self-represented clients to do their own court filing and run their own court matters, I have a unique view of the differences between my experience providing full representation to a client in court, and the experiences of my clients representing themselves.
Double standards
Self-represented litigants not only face the task of proving their case in court, but also proving their judgement, reliability and trustworthiness, and the soundness of their preparation, all while following court rules perfectly. It can seem to be a near impossible standard to meet without any assistance. It’s a standard that makes the court system (often the last resort for justice) hostile territory for a self-represented litigant.
I can say without a doubt that self-represented clients are treated differently than lawyers at the court registry, in court by judges, and by other lawyers. This is not necessarily due to lack of knowledge (i.e. because they don’t know the rules and are not following proper procedure) or because of bad behaviour (e.g. improperly conducting themselves in court or in communication with other lawyers, becoming over-excited or agitated, arguing with the judge, etc.).
I can instruct my client with precision and specificity about what to say, how to act, courtroom etiquette, who to talk to… they can follow my instructions to the letter, and yet they will still face challenges I will not encounter.
I have had a client turned away at the registry trying to file a document we prepared together and that I instructed them to file – a document similar to one that I had personally filed on another matter without any issue the week before to accomplish the same goal.
In this case, after an hour or two at the registry, the document was ultimately accepted by making some last-minute changes on the spot, the client begging the registry to accept it, and agreeing that they would not blame the registry if anything went wrong.
I have had a client show up in court having followed every court rule (to the letter), having gone above and beyond in preparation, and having their submissions ready to go, only to have a judge threaten an adjournment for not taking a step that is not in either the legislation or the rules. In that case, thankfully, the opposing party agreed to proceed regardless of this imaginary step not having been taken.
A differential impact on SRLs
This is not to say it is all sunshine and roses in dealing with the court system as a lawyer. As a lawyer, I have learned to expect that new practices and requirements have a habit of springing up overnight and will, that first day, be a source of frustration. For a self-represented litigant, these little changes can be demoralizing, crushing, and confusing.
It could be as simple as not accepting large affidavits with binder clips anymore, and instead requiring them to be in binders. Little inconsequential rules may change without notice and may be applied to the public and lawyers equally, but they create huge amounts of frustration for the person who has taken time off work to attend the registry to file a document.
For me, it’s a quick trip back to the office or a short delay of a day. Yesterday they accepted binder clips, today they don’t. But for a self-represented person, suddenly not accepting that large affidavit with a binder clip could mean a long delay in having their matter heard, or extra time taken off work and wages lost.
The court registries are tasked with organizing huge volumes of documents and information and making sure everything is uniform. Some of the early lessons you learn as a litigation lawyer are to practice patience, persistence and adaptability with the registry.
SRLs and “unwritten” rules/policies
When it comes to “unwritten” rules and changing local registry policies, there are many differences between the lawyer and the self-represented litigant. As lawyers, we have access to a network of people to consult on rules and policies. We are paid for our time attending the registry. We gain value from learning about these small quirks and changes and fixing any issues going forward. SRLs, who are hopefully only going through the process once, don’t have the luxury of time and repetition on their side.
When I coach SRLs, I have to advise them to anticipate struggles and uncertainty with the registry (even with my advice), and the additional struggles an SRL may face in a system that seems to set some double standards. I have found that with a motivated client and persistence, clients can and will overcome huge hurdles and achieve success, but it is never straightforward.
Can’t we fix this?
The Access to Justice crisis, and in particular the inaccessibility of the court system for SRLs, makes it very frustrating that there is technology already available to fix many of the frustrations that people using the court system confront, when it isn’t used. A client once remarked to me that having to go to the court registry was like going back in time to the 1970s. They couldn’t believe that they had to physically walk down to the registry during business hours, so that an original document could be stamped and filed away. Why couldn’t they submit it online?
In BC, lawyers have access to online filing for Supreme Court, but not for our Provincial Family Courts. This online filing system is not available to the public. This makes it incredibly difficult to deal with and respond to applications made against you if you find it hard to get to a court registry between 9 – 4, or live out of the jurisdiction. Yes, there are work-arounds, but they are not free or convenient.
Things are slowly changing in the legal system, but those of us – lawyers, judges, court registry staff – who work inside the system need to make sure that we are not creating extra hurdles for SRLs. We need to work more urgently to speed up change, because legal fees show no signs of decreasing, and SRLs are becoming the norm rather than the exception.
The system will not allow itself to be ‘fixed’ because it was set up this way to protect a monopoly and to control the masses. I have even had a Divisional Court Judge in Ottawa state that I could not appeal to the Court of Appeal because I did not file my notice BEFORE the decision was released. The decision was released 1 year after the last day of trial.
Why did I want to appeal…because the Small Claims Court Judge below condoned insurance fraud, 44 misrepresentations by one defendant, 27 misrepresentations on the stand by another defendant, two proven false affidavits from a corporate defendant, witness tampering by one of the defendant’s lawyers (all testified to by the witness).
And he refused to adjudicate the claim of defamation before him altogether, designing a novel defence unknown in law for the defendants.
The registry deliberately blocked my every motion, my every effort to file my Notice of Appeal…that all this is a concerted effort cannot be denied.
In a separate claim, I was being railroaded by the insurers for a morally and ethically bankrupt lawyer whom I was trying to recover my monies from. Finally, when I was forced into pre-trial conference that was uncalled for by Small Claims Court Rules, I brought an audio recorder and left it on. When the Deputy Judge forced me to leave the room, it was on. As soon as I was out of the room, the Deputy Judge started personal attacks on me and asked the defendant lawyer if he had any ideas as to how to get me to go away because he said, “I don’t know how to get rid of a person like that.” They spent almost 1/2 hour discussing what they could do with me.
Since then, all documents and motions I have tried to bring have been streamed to this Deputy Judge, he refuses to recuse himself and has ordered me to do things that he has no authority to do.
We need a non-corporate, de jure government where judges are elected, where there is no longer a lawyer monopoly of the justice system and with jail time for lying in court. Right now, the safest place to lie is in Court.
Grace, what you relate is what I do not like with our courts. If they send me to take a step I missed, I will do it so long as they do not take advantage such as ordering cost especially when the other side does the same thing but is mollycoddled by the judge and no cost against them. I know exactly what you mean by the judge designing a novel defence unknown in law for the defendant. Until there is consequence for injudicious behaviour our justice system will continue to suffer from rot. Until they subject a prospective judge (or other judicial appointee) to accountability to ALL those whose cases came before them or for which as a lawyer they were involved with, we will continue to appoint the wrong pe ople to our Bench
What you described with the judge seizing your case and running a big bogus happened to me at federal court with a prothonotary (actually senior clerk playing judge). All the real judges looked the other way while this pretend judge put the federal court in DISREPUTE. I totally lost respect for the federal court. I found at least 4 others who had the same encounter with the same pretend judge. At least 3 of us complained about him but they did nothing. Once when I proved to the then CJ there that this pretend judge had no authority to do the things he was doing instead of forbidding his behaviour the then CJ made him case manager on a case that had nothing to be managed. He dismissed it despite having no authority to do so and the then CJ and other judges just buried their heads in the sand
Those registry agents have suddenly gotten all kinds of power they never had before and some are even very rude and hostile to SRLs. One at Court of Appeal Alberta actually declared a SRL vexatious at the window. When I looked up at her she ran. I could not believe my ears. Even they are using that abusive legislation as scare tactic against SRLs
ANY organization that polices itself is rotten from the get-go. Look at history. The ONLY way to have any sense of justice is to get rid of corporate governance once and for all, install a de jure government run by the People, with elected Judges and a common law court of justice. Then you can haul in these disgraceful operatives and put them in prison where they belong. There is then no immunity and get away with murder and mayhem card.
Iceland got their country back from corrupt lawyers and bankers, so can we.
Allen we to have similar problems with the clerks & trial coordinators as they are wielding the sword of unaccountably against the people .
Very well said Grace! Couldn’t agree with you more. 6 years presenting ourselves in court and have dealt with sooooo many “road blocks” from court staff, lawyers and Judges. It’s absolutely ridiculous and especially since they are ALL suppose to deal with srp’s differently but not in the ways they “help”.
The fact of the matter is that the court system/legal system is a for-profit commercial enterprise. Always has been, always will be. They have buried common law courts so that we have no recourse for their unconscionable actions.
You will notice that the Court addresses you in a corrupted name…always capitalized. These corporations create the capitalized trade name and sucker us into taking responsibility for the trade name. Once we abandon our right to be an individual human being instead of a commercial entity, we are toast. And, once they do that, they can trick us into accepting thousands of pieces of fraudulent (corporate) policies as ‘legislation’.
They will never give up the ‘business’ of writing legal fraud, telling us that we violate this or that, and then reeling us in to purportedly ‘help’ us out of the legal mess they fraudulently concocted in the background.
This has been going on since 1,000 AD in England and they have honed it to an art.
Grace thanks for sharing & you are right it is a system designed by judges & lawyers to disadvantage the people at any costs .Also right judges need to be elected by the people & be accountable & fire able . The Alberta Green party has an opening for the people to get involved with the legal system under their shadow cabinet named ” Law and Legal Systems ” Join now & help us make this needed change .
https://greenpartyofalberta.ca/who-we-are/shadow-cabinet/
Yes…it REALLY IS that bad.
Grace M Joubarne,
Your comments unfortunately reflect the typical ramblings of vexatious litigant that cause a lot of prejudice to
self represented litigants simply having trouble articulating a meritious matter.
and you have this authority by what means? You sound like the vexatious litigant. What she described is the exact bogus going on in our courts.
There are so many lawyers filing false affidavits in court and getting way with it that as Grace said the courts are the best place to lie. Some nerve you have though coming here to be so disrespectful and even more so to a SRL
Thank you Allen.
Why don’t you give your name? Is it because you are a lawyer, running interference for the system?
I have all the evidence of what I state. And I don’t need an anonymous, self-appointed fool to label me vexatious, when there are documented frauds on the court, fraudulent documents on the record, transcripts of defendants under oath lying on the witness stand 44 times, false affidavits filed by a party in default and witness tampering testified to by the victim, all in plain sight. And where an audio recording shows a Judge so biased that he is a disgrace even to his profession.
And what’s more, my materials were perfectly done, by the rules, on time, with the proper case law cited. My materials are never read…I am just railroaded like all other self-litigants.
So I don’t need a person like you falsely passing yourself off as a self-litigant while criticizing me. Actually, it is people like you that cause SRL so much hardship…we expect it from lawyers and judges, not from fools like you.
As for me, I understand enough of what Grace J. is stating that i would be seriously curious IF justice was served. If I was judging I would check the documents and evidence she is referring to BEFORE forming an opinion. Especially when a judge “seizes” a case there can be many reasons, maybe it is the case or justice that is being protected or perhaps a bias. Grace J. has every right to her free will and opinion and absolutely deserves to speak and be listened to.
Another perfect example that must be scrutinized is when a justice reserves the right to “edit the transcripts” and or “give more fulsome reasons” IF the case is appealed.
Delmer O. B. Martin
Thank you Delmer. Your last point was an excellent one, as this happened to me twice. In one case, the Judge had made three statements that showed clear bias and in fact, he had manufactured evidence that was never presented. When I appealed, he had the transcriptionist remove the evidence of his bias. That way the target is constantly moving.
I’ve heard others say this happened to them and in one case, the lady started to record the proceedings herself and eventually asked the presiding judges at the appeal how it was that the record was changed…she received no answer.
In my one case, the Deputy Judge did not seize the file for any legitimate reason…he wanted to force me to drop my action against another lawyer and did not want any other Judge to be looking at the facts and evidence. When I brought a Motion to Strike the lawyer’s Defence, this Deputy Judge refused to look at any of the documents, factum, law and instead, ordered that I not bring any Motions without HIS leave. But the audio recording clearly showed the plan and his part in it.
Grace you are right we need the vexatious litigant victim scheme to be championed by all now . We the people can be the change & no the victims any more . See what the Alberta Green Party has to offer . then make sure you & all us victims are part of the party that wants reform .
https://greenpartyofalberta.ca/who-we-are/shadow-cabinet/
Perhaps we can control change ?
To the Ottawa rep ; it is plain & oblivious that you are part of the legal system that does not want change! Prove to us that you are a self rep & not a lawyer trying to put the SRLs down . Where is your website where is your documents. Other wise you are one of the foxes still wanting to discredit the people? & control they proverbial hen house .
Thank-you. I just had a lengthy conversation with a SRL trying to find their way through the B.C. system on a simple application – to find that, unlike Alberta, where the application and supporting documents are simply “on the court file” – litigants in B.C. are required to prepare the same documents AGAIN in an application “binders” – for no other reason than, as far as I can see, to be more convenient to the Justice.
Perhaps it’s about time to realize that the “customers” of the legal system are not Judges, but, rather, are lawyers and more specifically, the parties themselves. While there is no question that being a Judge is a difficult and stressful job – at least from my perspective, the added cost and complexity to the system – particularly to an SRL – to avoid “minor inconvenience” for the Justice is a very questionable process plan.
i am in BC, i have recently submitted an expert review of the dna evidence in my case, It was found to be illegally shared between labs, The claim of my daughters sample was that the first lab, VGH, ran 3 hla tests and a dna test, on a single sample from a premature 4 month old in 1994, before cell amplification existed , one loci was transposed, and then one reported testing claiming to be myself and my daughter from calgary childrens,, was not us. And the report came FROM VGH. I never gave that facility another sample, or either of us. There were no consents and on and on. It was also presented to the national self representeds site. So they could see,, i am trying to rectify fraud in my paternity case. The courts are ignoring me,, have declared me vexatious, and i cannot seem to be heard. No lawyer will help. What is your best suggestion. Maybe with as many of us being victimized as we see here, a class action on behalf of the self represented?? I do not know what a person needs to do to be heard respectfully, by our judicial system. They seem not to give a damn.
SRL are the tip of the iceberg, the modern day Titanic is being piloted by by 2 wolves and one sheep who are fighting over who will be eaten for dinner. In reality is has always been about time and money AND who is serving whom?
SRL are uncovering and will continue to expose flaws in our so called justice system but I am completely convinced that even more serious problems are the actual root cause of SRL problems. The exact same kind of problems SRL speak about arise when one compares what occurs when a $350.00 per hour lawyer faces off with a $650.00 per hour lawyer. But it gets even worst! The fact is that the problem of bias existed long before SRL became the majority.
Bias and prejudice is allowed/condoned/accepted to run rampant all throughout the system and is regularly and constantly being swept under the carpet at the very same time. This statement of fact is true from the clerks office all the way through the process to include even appeals courts. This leaves the client with only 2 options “fight or flight” . As for me I will continue to fight until I receive/experience justice.
Even if one has a top tier lawyer from a top tier firm all it takes is “one biased person with power” to completely derail justice. Fact is; the power of bias is even more egregious than even “sharp practice” by lawyers.
I hate to admit it (it is extremely painful) but it is judicial bias and systemic bias that is ruining so many cases that are simply begging for justice.
Even though it is obvious that SRL are most vulnerable, even with the very best representation, bias will rule the day.
When the power of the truth / a truth, is minimized, deteriorated or eliminated by a person with power who becomes biased, justice disappears. The results are not merely adversarial, they become immoral and completely unjust.
Without even mentioning my personal experiences, if one reads many of the “biggest cases” where there was a big winner and a big loser even an average layperson can readily spot judicial bias occurred and it thus automatically obvious that justice “does not appear” The truth about ANYTHING for the adversarial parties does NOT matter when bias takes over a case.
Bias is easy to spot and prove truthfully but they (certainly someone) have made the legal hurdles of the burden of proof into a mountain of 2-faced treachery and a complete deception (worst than magic) . This is TRUE BIAS!
It is said that history books are almost always written by the victorious, but when I read case-law nowadays it is real evident that bias often rules the day. Uncorrected BIAS is a huge problem however when the system or anybody in it, actually denies truth and then administers justice; we the people lose our basic human rights AND the systemic wide problem is exposed.
I am the client/the customer and I received the exact opposite of what I bargained for, so what do you expect from me???
Delmer O. B. Martin
Delmer thank you , your statement of UNCORRECTED BIAS is so true & how it is so truly abused . What if that one day it will be a part of the written legislation to protect the people / how to identify this ?(what about that your involvement with the Alberta Green party Alberta & lets make his a reality.
https://greenpartyofalberta.ca/who-we-are/shadow-cabinet/ help get involved
Grace I couldn’t agree with you more and I know all to well alot of the struggles you have faced, my husband and I have faced them as well. The systems is not for us “common” folk, it is for the “organizations”.
Well, at the same time as you left your comment in support, I received a nasty email from NSRLP telling me that my comment were the typical vexatious litigant ramblings! It seems that even when the evidence is in the transcripts, in an audio recording and in Court Exhibits, it doesn’t count as legitimate. So instead of asking to hear the audio of the Deputy Judge, of seeing the transcript evidence and so on, NSRLP is working hard to get rid of me as vexatious and then turning around and saying how awful it is that we have to go through all this hardship. Hmmm! what is NSRLP really about?
Hello Grace, we just want to clarify – the email that you received would have been a notification from our website of the comment that another party (writing under the name “An Ottawa Self Rep”) left under your previous comment. That comment itself does not reflect our views, and did not come from us.
Good to know, thank you. The way it showed in my inbox was that it was from you. BTW, I don’t think that anyone should be able to post without providing their true name. There are lots of ghost writers and shills out there….
Hello Grace I am relieved that you realize that comment was not from us. We are trying to moderate these comments lightly, but there are hard calls. But most important, NSRLP would never make such a statement about a “typical” SRL
Everything happens for a reason and maybe this had to happen so that you can consider making it a requirement that people provide their names in order to have their comment published.
Many good efforts have been sabotaged by corporate shills and ghostwriters…in fact, these are actual professions.
A genuine SRL’s experience is their own unique trauma and should not be discounted by anonymous comment. How can anyone criticize a helpless victim of corruption? There is a reason for the new psychiatric diagnosis that many practitioners are pushing to be added to the DSM…Legal Abuse Syndrome.
Julie and Grace and K;
Yes labels are a control theory but I must stress again that the real trouble with the system is way more serious than persons not having a lawyer. The difference is when I was without a lawyer I got defrauded of getting justice by a brutally biased judge in the lower court HOWEVER after retaining top lawyer from a top firm I am still being defrauded of justice and now it has cost me a fortune.
Even if one has the best lawyer from a top tier firm and we get right to the core of a problem which in my actual case is my first lawyer from 2000 and so called LEGAL professional committing “Gross Negligence” with “Complete Dereliction of Duty” in a domestic contract and now having been dragged thru the lower courts having “no independent recollection” the other side (low and behold the societies lawyers have now actually got an order against me to produce solicitor-client file from another lawyer (my 2005 divorce attorney) My request for leave was denied with no reasons given yesterday in Divisional court regarding being forced to disclose my entire confidential solicitor client file with the other side. I am in complete shock and disbelief. What a sham!
Complete Systemic Failure so far and the only thing I experience is a bias is attempting to poison my case.
The problems are FAR WORST than not having a lawyer…it is about a complete lack of justice in many cases and the grossly negligent professionals with a complete abandonment of standard of care!
I have the evidence and the proof regarding the above and including ILA Certificates contained in THEIR OWN filed documents (and of course mine) but they still have NOT payed any damages.
Let me be clear, even when the societies own retained legal expert admits the above and with full insurance coverages from a insurance company these people own…they will resist paying damages using whatever means necessary…AND this is where the CORRUPTION and complete lack of justice is exposed!
The ONE THING that NONE of my adversaries can stand is the fact that MY freewill chooses fight and not flight!
Delmer O. B. Martin
Thanks very much Laurel for this insightful blog post.
We truly need more honesty like this article! There are only two ways that people will be able to self-rep in today’s court system. Accountability for the judges and other officials to actually observe justice and fairness or beat them back at their own games, or both. This needs to be fostered by ethical lawyers like Laurel, and by responsible SRLs.
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Sunshine is the greatest cleanser. We have to get truly public courts that allow most proceedings to be observed and commented on after the fact, i.e. cameras in the courts. The law societies and the judicial conduct authorities also are not producing any rating system of lawyer or judges as to who are treating people, either represented, SRL, or witness, fairly. We need a system for rating and commenting on judge and lawyer conduct with links to the evidence of their misbehavior.
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We also need the SRL playbook. When judges, clerks, and lawyers play games, we need to have stock phrases that create space for the SRL to address misbehavior and drive ethical conduct by officials, or that raise readily appealable orders.
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Just as a for-instance, I suggest one stock position would be “your honour, I cannot gather my points to address what is effectively a motion without notice to make an important decision, so I request an adjournment to compile my facts and argument. [if they proceed] My position is the duty of this court to the SRL principles confirmed by the SCC have not been met and I ask the court to note this in its decision.” This isn’t well worded but hopefully the point is made.
I don’t agree with you classification of this post.
I view it as nothing more than advertising
aimed at those who are already destroyed in every possible way.
Yes, it is really really bad. In fact it is criminal. What do you expect from the justice system and the Attorney General who would rather condone crimes against administration of justice than to uphold the law. It all comes down to power, influence and privilege.
It all comes down to having an evil and ethically and morally bankrupt corporate government that has tricked us into thinking it is working for the people, while its operatives are robbing us blind. It manufacturers consent and then tells us its democracy.
There is NO democracy or freedom when some people are immune to the law. And, re the Rule of Law, there is none.
These sorts of comments are exactly the red flags that Judges see in
cases where the litigant needs the help of professionals outside the legal profession.
I agree with you,, the attorney general is also part of this. Where ever the courts are acting this way,, and that appears canada wide,, The provincial AG is part of the problem,, But what about the federal accountability?? The moment you are accountable free, what judges are,, you are free to commit whatever violatons of peoples rights that you like,, or so it would seem. Why cannot we just sue our country for allowing this to happen to us?? They do in fact have an obligation to us,, the self represeented. Why cannot we just sue?? Anyone interested??
so why isnt there a constitutional challenge sect 15 discrimination that mostly only lawyers can only use the courts,and a law society complaint that this violates lawyers duties,and a CJC complaint that judges know they only let lawyers use the system-which is criminal obstruction of justice.
i am working on a constitutional challenge to vexatious laws-its clearly not a coincidence that we all get NO analysis etc.
tom tupper feb 15 2019
To Tommy Tupper . See if this website link has what you are needing for the charter challenges .
http://alberta.newjusticeforthepeople.com/supreme-court-of-canada/
You might be better off launching a class action (SRLs) against a class of defendants (law societies and its members) for conspiracy. And, only for publicity sake, because any other reason would be pointless.
And, a class action would not be certified because all these people have immunity.
only judges have immunity,, staff,, and the AG do not. And if we were to question the validity of the immunity,, we might get somewhere, it is immunity to do their jobs free from political interference,, We are not political,, we are victims of their outrageous unlawful behavior, Unlawful behavior has no immunity that i know of .
YES!!!!! What i just said, Why not??
Judges are desensitized to charter issues especially those involving
flagrant obstruction of justice and or fabrication of evidence by
police and in particular by judges as a method of making
sure a decision is appeal proof and thereby insulating themselves
from any accountability.
At the end of the day, the Judicial Council rubber stamps any and all judges
decisions according to the flawed assumption that Judges never do anything wrong.
Dear Grace,
I have experienced everything you and other members have been through with the justice system. I do not trust the justice system anymore. I am not going to throw away my life for the broken system. You only go back if you trust the system. I have made my decision.
Unfortunately, I feel the same. Our justice system is so patently broken that there is no point wasting your life fighting an inherently corrupt justice system.
In August 2021, my right to obtain Charter remedy and the equal protection of law against wrongful dismissal were defeated by Justice Rooke of the Alberta Queen’s Bench Court, who maliciously considered me a “forum-shopper” to rule my claims frivolous and vexatious for seeking justice in my new home province of Alberta. He went on to use “forum-shopper” and Rule 3.68 as weapons to declare me a vexatious litigant.
Justice Rooke also considered my constitutional right to obtain Charter remedy for the infringement of my Charter rights by the judiciary a “collateral attack”, which the Attorney General of Canada, the Attorney General of Ontario and the Government of Saskatchewan used as defense to defeat my right to Charter remedy guaranteed under s.24(1) of the Constitution.
Thus I was denied Charter remedy and declared a vexatious litigant for exercising my constitutional right.
Our institutions are corrupt from the top to the bottom as evident here. The Charter is a lip service intended to protect only the wealthy, the powerful and the privileged.
I don’t comment very often but this post is nothing more than advertisement for legal services aimed at those on this mailing list.
The reality is, absent representation by a lawyer you are highly unlikely to receive an objective hearing from an impartial tribunal.
In law, its called spotting or identifying the issue and that begs the question as to “Why is it so”.
Absent addressing the root cause, the problem will only get worse.
The cause is “Denial” which stares with politicians appointing to Judicial Selection committees
the very worst examples of the least suitable persons to make a political decision on the ability
of a lawyer to be a judge who makes political rather than legal decisions.
This attracts the very worst personalities who engage in extreme forms of Denial
including “The Illegal Process of Justification” , justification is another form of denial of reality.
Judges appointed are largely devoid of empathy and any motivation towards complying with
charter rights of being an impartial tribunal holding objective hearings.
Canada fails to have a legal presumption that a fair trial requires representation by a lawyer.
There are no “public defenders” in Canada.
That means you end up in jail and NO-ONE will assist you in even bringing a Rowbotham application.
If an application is brought the judge will use that as evidence of your legal ability.
If you want a fair hearing by an impartial tribunal,
don’t reside in Canada.
Very well said. Absolutely true. Countries like the UK and Spain recognises that and have legal assistance programs to achieve fair and impartial hearings. In Canada, fairness and impartial hearing is simply a scam.
This forum has a real problem with formatting of responses.
It does not matter what spaces or line spaces you put in
for readability.
The end results is one continuous paragraph that becomes unreadible.
The judges were given immunity from being sued, during the course of doing their jobs. How is desecrating the rights of the self represented doing your job? How is denying people the rights guaranteed them under the law,, doing your job? How is being disrespectful of the self represented,, and actually making it your goal to rid the courts of the self represented,, doing your job??? As i see it, these are improper and illegal acts, violations of the constitutional rights of the public,, US,,, so how is immunity to being sued stacking up in these circumstances??