3. DEMOCRACY - A MYTH

The concept of Democracy is inherent in its assumption that the state is run by the People! *
I have experienced this to be a Myth!

Ever hear mention the phrase: 'Political Math?' Here's an example:
There's an election in which 5 candidates are up for the 'Position.'
Question: "What percentage does it take to declare the winner?"
Quick, don't peek...

Well, if all candidates receive 20% of the popular vote (the democratic vote of those who bothered to vote), there is clearly NOT a WINNER! It's a tie!

But wait. All you need is to have ONE candidate receiving 21% (meaning another gets 19%) and assuming the remaining 3 still have 20%, then you have a winner! The candidate with 21% (out of 100% votes) WINS, and is appointed to hold the position!
This means that 79% of the Democratic Voting public did NOT WANT that candidate; yet he/she is the winner by a landslide of 1% :)>

Now lets have a similar look at the Rules of Civil Procedures (always written in italics). 
Although in Canada these Rules, (whoops Rules) within the different provinces are mostly the same, Province to Province they are subtly different. What may be the default Rule in one province, may be switched to be the 'or' rule in the next Province!
(i.e. in British Columbia): (under) "Rule 1 - Making a Claim  
Filing a notice of claim:
(2) A claimant must file a notice of claim and pay the required fee at the Small Claims Registry nearest to where
(a) the defendant lives or carries on business, or
(b) the transaction or event that resulted in the claim took place."

One would 'assume' that Default (a) is equivalent to (b) in that it clearly states: 'or'

In Ontario, these two Rules are reversed!
"RULE 6 FORUM AND JURISDICTION
Place of Commencement and Trial
6.01 (1) An action shall be commenced,
(a) in the territorial division,
(i) in which the cause of action arose, or
(ii) in which the defendant or, if there are several defendants, in which any of them resides or carries on business; or
(b) at the court's place of sitting that is nearest to the place where the defendant or, if there are several defendants, where any one of them resides or carries on business.

(2)  An action shall be tried in the place where it is commenced, but if the court is satisfied that the balance of convenience substantially favours holding the trial at another place than those described in subrule (1), the court may order that the action be tried at that other place."

 In my initial experience in BC's Small Claims Court I filed a Claim under the 2b, the 'or' Rule.
Although 2 (b) clearly states: "the transaction or event that resulted in the claim took place,"
the BC Judge, in her 'wisdom' dismissed my claim, based on "Lack of Jurisdiction;"

In my humble opinion the Honourable judge ERRED by refusing to acknowledge the 2 (b) 'OR' rule, as well as additionally refusing to acknowledge several other, pertinently applicable Rules of Civil Procedures were  it made it VERY CLEAR I was entirely within my 'Jurisdiction' to have filed the claim in BC. All mattered NOT to this honourable Judge! Again Democracy played out at its finest.

Had I, as a self-representing claimant at that time, been sufficiently savvy about the differing Rules of the Provinces, I would have been able to inform the Honourable BC Judge that in Ontario the default Rule for filing a claim states it to be 6.01 (1) (a) (i) "In which the cause of action arose." Meaning to say, your Honour, if I had filed my claim in Ontario, the residing judge 'could' well have stated, regardless of the several additional pertinent and applicable rules: "Case dismissed, based on Lack of Jurisdiction." (i.e. the Ontario Judge would have decided to adhere to the default Rule).

The Rules - though SEEMINGLY CLEAR AND SUCCINCT - are ultimately interpreted and applied by those hired by our system still called a 'Democracy*.' The final adherers thereof are, indeed, our - Judges. And they Judge and order as only they see fit.

You may be acquainted with the differences of 'Lower Court' and 'Higher Court', or 'Small Claims Court' versus 'Superior Court.' In BC (British Columbia) this is actually called 'Supreme' Court. And guess what? ALBERTA does not HAVE a SMALL CLAIMS COURT! Big bizz only I guess; enough said...

Since I am still in a Superior Court 'somewhere' in our 'Democracy' of Canada, and it was suggested I delete my former Blog about my experiences, I won't, at this point, divulge another WORD about our procedures.

* DEMOCRACY (a Definition):
"a system of government by the whole population or all the eligible members of a state, typically through elected representatives."

Madness, ain't it?  Democracy?  It's a 'DEMO' gone 'Crazy', I say!