Hi Psam! It’s been a while. I haven’t checked your Face Book page in quite a long time because it’s just been same old, same old, for years. My first posting on this discussion was my report about attending your October 18, 2014 Provincial court hearing where you tried, and failed abysmally, to get the court to issue an order to the provincial government stating that none of British Columbia’s laws applied to you because the provincial legislature hadn’t bothered to get your personal approval of them before enacting them. Apart from your arguments being shot down because they were totally idiotic your lawsuit failed because you named the wrong party as defendant. After sporadically following you for a few years this seemed symptomatic of your entire approach so I stopped paying attention.
But it’s been six years since that disaster and you’re quoting a Supreme Court of Canada decision so I thought that maybe you’d found a new, fresh approach that had at least some merit. And I was wrong again.
You appear to have at least learned that you have no hope in court as a self-represented plaintiff. That was obvious six years ago when the judge told you to go get a lawyer. However it's taken you a while to get down to it. You seem to have concluded that the British Columbia Law Society has an obligation to cough up a free lawyer for you for the asking, at least that’s the gist of what I get from your fifteen page letter to them which I admit I didn’t bother finishing. You do tend to go on and on. The core of your argument seems to be this;
The Statement of Principles on Self-represented Litigants and Accused Persons (“the statement” herein), by the Canadian Judicial Council, states in the preamble that “judges, court administrators, members of the Bar, legal aid organizations, and government funding agencies each have responsibility to ensure that self-represented persons are provided with fair access and equal treatment by the court”. Then later in the statement, on page 9, it states that “[m]embers of the Bar are expected to participate in designing and delivering legal aid and pro bono representation to persons who would otherwise be self-represented, as well as other programs for short-term, partial and unbundled legal advice and assistance as may be deemed useful for the self-represented persons in the courts of which they are officers.” In the Pintea v Johns decision of the Supreme Court of Canada, the Court stated that it “endorse[s] the Statement of Principles on Self-represented Litigants and Accused Persons (2006) (online) established by the Canadian Judicial Council”.
http://issociety.org/wp-content/uploads ... he-Bar.pdf
You claim that universal access to free lawyers has been ordered by the SCC in
Pintea v Johns;
Pintea v Johns
2017 SCC 23
https://scc-csc.lexum.com/scc-csc/scc-c ... 9/index.do
Take out the filler and this is the entire text of that decision;
[1] KARAKATSANIS J. — The common law of civil contempt requires that the respondents prove beyond a reasonable doubt that Mr. Pintea had actual knowledge of the Orders for the case management meetings he failed to attend.
[2] The case management judge failed to consider whether Mr. Pintea had actual knowledge of two of the three Orders upon which she based her decision. The respondents concede that the requirements of Rule 10.52(3)(a)(iii) of the Alberta Rules of Court, Alta. Reg. 124/2010, were not met with respect to these two Orders.
[3] As a result, the finding of contempt cannot stand.
[4] We would add that we endorse the Statement of Principles on Self-represented Litigants and Accused Persons (2006) (online) established by the Canadian Judicial Council.
[5] The appeal is allowed, the action is restored and the costs award vacated.
Note that the court said that “we endorse” the Statement of Principles on Self-represented Litigants and Accused Persons. All that means is that they think the statement is a good idea. Their endorsement is strictly their opinion of its merits, nothing more. Since it is not an order of the court it has no more legal weight than if they said they endorsed Harvey’s Char-Broiled burgers, a great burger that I had many times almost a half-century ago when I lived in Ottawa, the Supreme Court’s home.
So what is this statement that the SCC endorses?
Development:
The Canadian Judicial Council Administration of Justice Committee focused in 2006 on “ensuring that self-represented persons who appear in the court system have fair access and equal treatment in the courts.” (Annual Report at 4.)
After extensive work by the Committee, a statement of principles on self-represented persons was issued in December 2006. The Committee’s work began with a detailed examination of the issues facing self-represented persons in court. They concluded that self-represented persons are generally uninformed about their legal rights and about the consequences of the options they choose. They find court procedures complex, confusing, and intimidating and they generally do not have the knowledge to effectively participate in their own litigation (Annual Report at 4).
Description of Reforms
The Statement is is advisory, and is not a code of conduct.
The principles expressed by the CJC include:
We must promote rights of access to justice for those who represent themselves. This means that all aspects of the court process must be open, simple, and accommodating. The court process should be supplemented by alternate dispute resolution procedures and self-help support.
We must promote equal justice. Judges and courts should do everything possible to prevent unfair disadvantage to self-represented persons.
Judges and court administrators have a responsibility to meet the needs of self-represented litigants for simple information and referrals.
Self-represented litigants are expected to prepare their own case and make themselves familiar with court practices and procedures. They must be respectful of the court process and its officials. Vexatious litigants cannot abuse the process.
In conjunction with the statement of principles, other helpful working tools were developed to help judges assist people who represent themselves in court. These tools provide:
information for judges about the needs of self-represented litigants;
case law and annotations on issues that have impacted on those representing themselves in court;
advice and suggested plain language words to explain legal procedures to self-represented litigants in family, civil, and criminal cases; and
references for local resources for self-represented litigants (Annual Report at 5).
https://cfcj-fcjc.org/inventory-of-refo ... d-persons/
Note this statement right at the beginning;
Description of Reforms:
The Statement is advisory, and is not a code of conduct.
Meaning that it’s just an “in a perfect world wish list” of what the The Canadian Judicial Council Administration of Justice Committee hopes will one day come to pass if they just wish hard enough. It’s an aspiration goal which carries no legal weight and is as useful to you as if they’d instead endorsed world peace.
You are requiring the British Columbia Bar association to provide you with legal representation based on these two items, a comment by the Supreme Court of Canada which isn’t relevant to the actual decision (called an obiter in Canada) and has no legal weight whatever and a Christmas present request from a legal society. Since you are sending this to actual lawyers the recipients will know, as I do, that it is legally worthless and they can just ignore it. The Law society does have members doing
pro bono representation but it's a very limited resource and they do a thorough review of the merits of a case before accepting it. Since your case has no merit whatever you've got a long wait.
So on to your new challenge to Burnaby49!
If you’re so intent on denying that a broad and liberal interpretation of section 3 can be interpreted to say that these rights are denied for periods of time by the Crown as per section 24 of the Charter, then you must believe that demonstrably justifying the limit with a preponderance of evidence as per section 1 of the Charter would not necessarily be doable.
Do you disagree with the SCC when it says that section 1 is the exclusive limits that can be applied to other sections of the Constitution such as section 3? Would you prefer that this not be their policy?
I’m not going to argue your positions with you. This issue seems to consume your entire life, you’d love to argue forever about it and even if I conclusively proved that you are wrong you're in too deep to accept it. You’ve pissed away too many years on this to suddenly accept that your cause is hopeless and you have no chance of succeeding.
In any case, as I’ve said before in other threads in different contexts it doesn’t matter in the slightest what I believe, what I agree or disagree with. I’m completely irrelevant to your goals. There are only two ways you can get your interactive voting system implemented and convincing me of the merits of your arguments isn’t one of them. It can be done either politically, through a change in the federal legislation that establishes our current system, or judicially through an order from the Supreme Court of Canada. So far you’ve failed abjectly in both of those venues and I don’t see that changing no matter how brilliant you think your legal arguments are. So prove me wrong.