Saturday 28 February 2015

167. Judges are but people too....

VIEWS@11348

My daze somewhat continues. Imagine? This to be the 8th year in to a nightmare. A nightmare that began with the signed assumption a contract between 2 parties had meaning.

VI Guarantee
"IN WITNESS WHEROF, the parties acknowledge that each has fully read and understood this Agreement, and, intending to be legally bound thereby, executed this Agreement on the date set forth above." (April 14/2008)
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intend |inˈtend|verb [ with obj. ]have (a course of action) as one's purpose or objective; plan: [ with infinitive ] the company intends to cut about 4,500 jobs | [ with clause ] it is intended that coverage shall be worldwide.• plan that (something) function in a particular waya series of questions intended as a checklist.• plan that speech should have (a particular meaning)no offense was intended, I assure you.
infinitive |inˈfinitiv|nounthe basic form of a verb, without an inflection binding it to a particular subject or tense (e.g., see in we came to seelet him see).-----------------------------------------------------------------------------------------------------
"Intending to be legally bound thereby." Not 'SHALL' be bound; "intending" to be.Well, I guess, based on any, or even ALL 'intentions,' it was not to be put in to practice.
So I warn all of you who are about to sign a contract: It isn't even worth the paper it's written on,let alone your John Doe signature.
Now to the role a judge plays, for those foolish enough to believe a broken contract is worth going to court for.  Judges are all practiced lawyers. They have to have a minimum of 10 years practice I believe, before being considered for the leather chair and bird's eye view. 
Judges are people, just like you and me. They have moods, prejudices, egos, and, as such, are  vulnerable while functioning in their appointed environment; an environment they are usually already well integrated with. Meaning to say, they have friends, and drink and smoke at parties. And although now looking down on them, they are dealing with friends, and acquaintances. Their obligation is to them; to the system they have built together.  They are not pure; they are not God! Yet our hierarchy has made them 'untouchables.' To have put a well-oiled lawyer in charge of the system; to have given them carte-blanche powers; this is a scary reality. This is NOT democratic.
I remember helping a friend here in BC with his divorce. His wife was dating her counsel lawyer at the time. It was interesting to note during some 5 years of sickening meandering through the case, in which the children were mere pons, while the action set out to pulverize a good father, and former loving husband. 
Every time a court date would be set, I began to notice it was always in front of the same judge. "Oh yes," a staff member downstairs at the filing desk indicated: "(Lawyer's Name) always waits to use Judge (So 'n So)." Our Court system here in small city country is served by some 5 'circuit judges.' i.e. what goes around, comes around. In fact, it's where my nightmare began.---------------------------------------------------------------------------------------------------------------------
Are we, the people, going to insist on becoming a Democracy or, by practice, continue to allow ourselves to live in a Police State? In order to get away from this incestuous Police State mentality, we need to change the present system. From the bottom up. I say we can do it.
The Rules must be rewritten. They are full of holes; either this, OR that! Adjectives allowing for innuendo. Rules must be unwaveringly solid. It either IS, or it ain't.Get RID of 'interpretation/ subjectivity! There should be no 'ARGUMENT' about ANY-THING! DO NOT ALLOW THE  JUDGE ANY JUDICIAL DISCRETION! It's a rat's nest. (Sorry Rat)
Like a solid contract, all roads must lead to Rome! And in ROME there lies the TRUTH based on FACT! Relevant FACT. Without FACT and strict adherence to solid rules, there is mayhem,and abuse, and discrimination, and favour through the party politic. This leads to destruction of the rightful and innocent. There is, in FACT, a CRIME COMMITTED! As in MY case!
So we don't need seasoned lawyers who have had the allowances to ply their rhetorical games for years. We need to create a class of solid individuals with vast knowledge, unwavering consciences, and a breath of intellect and understanding. These folk at present barely exist! 
We need highly dedicated OUTSIDERS, squeaky clean from ANY former legal innuendo practices. We need to clone a breed of super-human individuals.
Who would they be? Do we even have them among us? Individuals who have had a loving upbringing, with great, caring parents? Individuals, who have proven themselves to be well-integrated in their communities; individuals who have extended themselves by proving they cared more for their fellow man, than themselves. They could be invited to become Judges from any walk of life. It could be a farmer, a scientist, an author, a sheet-metal draftsman.
That's what's needed in my humble opinion.------------------------------------------------------------------------------------------------------------------------
I will tackle and break down my views on Justice Hackland's 'Dismissal Endorsement' imminently. What a pair of words > together... phhht.
The sun is shining; the Herring are about to run and spawn; I have some pruning to get in.WHY the HELL do I continue bothering with this? Like a drug, I can't help myself.    
 






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