Academic Publications - Netolitzky, A Legion of Misshapen Cogs: Canadian Criminal Pseudolaw Litigation

[DNetolitzky]

Hi folks,

I recently published in the Alberta Law Review an article that is, as far as I'm aware, the first detailed review of how pseudolaw is deployed in criminal proceedings in any jurisdiction:

A Legion of Misshapen Cogs: Pseudolaw in Criminal Canadian Proceedings and Amicus Requirements: https://www.researchgate.net/publicatio ... quirements

There's a lot here that won't be a surprise to the readers of this forum, but what is potentially helpful is some data on the spectrums of offences associated with pseudolaw, the usual "get out of jail free" strategies, and data that suggests criminal proceedings have always been a major forum for pseudolaw in Canada.

For a change I also am writing about "real law" since the Supreme Court of Canada recently set requirements on when a judge must appoint an amicus to assist self-represented accused. And completely skipped pseudolaw litigation. My conclusion is the result is that anytime pseudolaw pops up in the criminal context, the judge in charge will probably be forced to appoint an amicus. Stuff will follow, along with significant public expense.

In Canada there aren't default state-funded defenders, but with the current law, something in that vague direction appears required.

Comments and questions are very welcome!

Donald

[Burnaby49]

What litigation types are covered by the phrase "Pseudolaw-based attacks" on page 722?

[DNetolitzky]

Those are instances where the pseudolaw adherent initiated litigation in an actual court proceeding, and the alleged legal and factual basis for the litigation relies on a pseudolaw concept.

For example, a civil lawsuit that purports to enforce a fee schedule.

Or a claim that tort damages are due because a legitimate government step had no basis in law, such as a lawsuit against prison officials claiming injuries because of detention that flows from a criminal conviction.

Stuff like that. There's a lot of variety to the category.