Tuesday, March 12, 2013

Mr. Self-Rep the visionary!

"Mr. Self-Rep"

Good Day Readers:

For some time now CyberSmokeBlog has been carefully tracking the leading edge work of Vancouver-based layperson legal researcher extraordinaire and self-rep Chris Budgell (Mr. Self-Rep - cbudgell@gmail.com).

Over the past 10-years he's been a lone voice in the wilderness toiling away in relative obscurity until perhaps now. His main argument seems to be organizations such as Labour Relations Boards represent examples of Canadian legislatures which you elected abdicating their responsibility by routinely assigning court functions to governmental agencies that, in effect, amount to nothing more than surrogate courts yet potentially their decisions can have a huge impact on your life.

Mr. Budgell's arguments have evolved to the point where currently he has an application for a Judicial Review before the Federal Court of Canada challenging the practice of the Canadian Judicial Council's Executive Director/Senior Legal Counsel to summarily dismiss complaints against federally appointed Justices without the requirement they be considered by Members of the Council per se (so-called "Gatekeeping").

It is his contention the CJC's bylaws neither sustain nor support such lower level arbitrary decision making. The Council is responsible for the public inquiry currently underway into allegations of judicial misconduct on the part of Manitoba Queen's Bench Associate Chief Justice (Family Division) Lori Douglas. As this is being written the Inquiry is stalled in neutral awaiting a decision on 4 or 5 Motions before the FCC by both sides in the dispute. These were heard on November 30th of last year so God knows when decisions will be rendered so the Inquiry can resume.

The significance of Chris Budgell's efforts is should he win the CJC will not only have to re-consider his two complaints but presumably the Federal Court will rule all others so dismissed since 2004 when this practice began also must be re-evaluated.

But for Mr. Budgell help may finally be on the way.

The starting point for any discussion that follows of necessity must begin with a quote from Beverley "Mrs. Fossil" McLachlin who said in part before the Empire Club of Canada in Toronto on March 8, 2007:

Let me begin by asserting that Canada has a strong and healthy justice system. Indeed, our courts and justice system are looked to by many countries as exemplary. We have well-appointed courtrooms, presided over by high qualified judges. Our judges are independent and deliver impartial justice, free of fear and favour. The Canadian Judicial Council, which I head, recently issued an information note on the judicial appointments process in which it affirmed these long standing-principles on which our justice system is based. Canadians can have confidence that judges are committed to rendering judgment in accordance with the law and based on the evidence. Corruption and partisanship are non-issues. In all these things, we are fortunate indeed.

But are we and should we Mrs. Fossil? Balls! Obviously these comments were made prior to the enormously titillating, juicy Canadian Judicial Council's Douglas Inquiry currently stalled in neutral because of Judicial Reviews before the Federal Court of Canada.

Before going any further a special thank you is in order to Kari Simpson Founder, Drive For Justice/RoadKill Radio News herself no stranger to the Supreme Court of Canada and self-representation who provided the two links on which what follows is based.
Who is Roger Bilodeau ..... thought you'd never ask

Here he's shown holding forth recently at the University of Manitoba's Faculty of Law Robson Hall.

If a complaint filed recently by the Ontario Civil Liberties Association with Mrs. Fossil is to be believed, it seems the good Mr. Bilodeau has developed a nasty little case of what Super Self-Rep Chris Budgell would likely call ACG or Advanced Creeping Gatekeeperism.

Below are the two links the good Ms Simpson provided. The first one is the key on which to focus.

What the OCLA is suggesting in its March 4, 2013 letter is Mr. Bilodeau and those in the Supreme Court of Canada Registrar's Office have been engaging in inappropriate unilateral decision making regarding matters that fall under the purview of The Supreme Court Act and Rules explicitly requiring they be placed before a Panel of the Court or a Judge of the Court. In other words, the rule of law and access to justice is being circumvented.

In effect the Registrar is shielding his own decisions from review by not placing a Motion pursuant to Rule 78 of The Supreme Court Act before a Judge of the Court instead of simply returning the Motion Record to the unrepresented litigant.. By allowing himself to get involved in a matter seeking to review his own decisions at the minimum creates at least an appearance of an apprehension of bias.

So you see Mr. Self-Rep has been arguing the same only difference is his case involves the Canadian Judicial Council. To Mr. Bilodeau CyberSmokeBlog says, "You stop that - NOW!

Clare L. Pieuk


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