Tuesday 16 September 2014

130. Dear Canadian Judiciary

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MY OPEN LETTER TO THE CANADIAN JUDICIARY

I am a retired Canadian citizen living on a fixed income. This forced me to become a Self-Representing Litigant in what in my view should have been a relatively uncomplicated legal interpretation. Instead, the judgment of my claim of Contractual Non-compliance has become a five-year nightmare. It is ongoing. 
But, with combined efforts, there may be hope.

After I studied the Rules of Civil Procedure diligently - in my view I came to court well prepared - all considering. Yet I found my treatment in court to be off–handedly dismissive. Counsel for the defense was given the Judge’s primary focus. At one stage I felt the need to remind the Court I was present, as an equal party, deserving attention, if not some respect. This did not sit well, and, like a minor, I was reprimanded.

In every aspect of procedure, whether filing documents, a Motion, or ordering transcripts, the process is awkward, responses curt; a sense of distant mystery seems retained; I the outsider; they the ‘club.’ My questions became aggravants and were generally reiterated - parrot-fashion - ‘my need to find Counsel.’ When I ultimately did, my matters grew worse!

In time it became apparent (notwithstanding my claim’s potential), I was the 'responsible' party. Defense Motions, with more questions, more demands, gradually morphed this Plaintiff in to becoming the 'Respondent.'

I lost track of the meaning of the RULES!

The journey is sufficiently intimidating and emotionally all consuming, court alienation is the last thing the SRL hopes for. Clearly, affordable, learned, and  dedicated counsel would have been far preferred.

You, the Masters and Judges, are the ultimate representatives of our democracy. As appointed pillars of our society, we are all entitled to your insights, knowledge, fairness and wisdom - not your criticism and disdain.
That approach does not help to boost our general concept of your noble office.

Maybe in a distant Utopia Judges need NOT be beholden to their former profession as lawyers. Maybe Judges could earn to fulfill their exemplary role in our society by being the most wise, understanding, and impartial human representatives in our most conflicted environment, in some arms-length fashion? Could this make their roles easier? If so, how to implement it? 

Would it be like finding a Dalai Lama at age 4? I so hope not.




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