Saturday 13 February 2016

224. THE 'LAW' BREATHES WITH A LIFE OF ITS OWN

VIEWS@15154

Prediction: Johnny Van Camp, representing Counsel for the AG/ Minister of Justice of BC,
if he keeps up this whipper-snapper/ gung ho savvy demeanour over the next 10 years, Johnny Van Camp will become a JUDGE!

QUOTE:
"The lack of diversity among judges raises searching questions in a country where one in five citizens belongs to a visible minority and where many people can expect to see a bench that does not reflect them."
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(Johnny Van Camp will be graduating from the University of Victoria Faculty of Law in June of 2008. He is a member of the Tli Cho First Nation from the Northwest Territories, born and raised in the community of Fort Smith. Johnny will be articling with the Ministry of the Attorney General after his graduation and looks forward to assisting the government and Aboriginal peoples with efforts in working toward reconciliation.)

NOTE: SINCE GRADUATION, Mr. Johnny Van Camp has been honing his legal skills.

The following is an excerpt from Mr. Van Camp's Article: INSIDIOUS IDOLATRY 
.........
" Throughout this paper I have tried to put forth the notion that Canadians and the government should strive to accept, endorse and respect Aboriginal contributions to our legal framework. These contributions have been essential to the evolution and formation of this country. Continuing to invoke the legal whiplash to mitigate and malign these contributions not only prevents a substantive recognition of what it means to be Aboriginal, but also what it means to be Canadian. 

I believe that, for the most part, the law emanates from the life that we give to it. Sometimes, however, I also believe that the law breathes with a life of its own in order to serve a purpose higher than what we may be prepared for. In these cases, there is always a tension between what the law is trying to tell us and how we interpret this message to suit our purposes in the moment. "

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NOTE: Additional honing...  

"Concerns mount over ‘cruel and unfair’ civil forfeiture process in B.C. "

NOTE:The following is but one paragraph from a Globe and Mail article (July 04, 2014) concerning charges laid by the government's  'Civil Forfeiture Office' during a raid on a house where officers discovered marijuana plants.
Mr. Johnny Van Camp was then Counsel representing the Forfeiture Office.
Negotiating the sale of the house and the purported 80% government 'take' of the sale, Van Camp allegedly wrote the home-owner: 

“If we cannot come to an agreement in the manner proposed by April 15, 2013, my firm instructions are that the deal is off and to set down a hearing for an interim preservation order and immediate conduct of sale,” Mr. Van Camp wrote. He underlined the word “firm.”

Blair Suffredine, Mr. X's lawyer and a former member of the B.C. Liberal government who has equated the office’s conduct at times to bullying, e-mailed Mr. Van Camp to say the money should never have been seized.
Micheal Vonn, policy director with the B.C. Civil Liberties Association, said it has long heard concerns similar to those laid out in the e-mails....."What we’re seeing is many people capitulate without any form of really effective adjudication.”
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Attending at my February 12 T'rial'. 

- J. Van van Camp, representing Defence (Ministry of Justice/AG Office)
- Myself, SRL Plaintiff Litigant
AND 
- Mr. JUSTICE Geoffrey Gaul, Supreme Court Judge, acting on behalf of (???)
The Government of British Columbia, i.e. the Ministry of 'JUSTICE.'
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Gaul received a Bachelor of Laws from the University of Windsor in 1988 and was admitted to B.C. bar in 1989. From 1998 to 2003 he was communications counsel with the B.C. attorney-general’s ministry and answered media queries about the Air India trial and other high-profile prosecutions.

His practice expertise is in criminal law, environmental law, and first nations/aboriginal law. His practice, and clear interest in  expertise is in commercial arbitration and administrative, labour, aboriginaand employment law.
BLOGGER'S NOTE:

So here we then have "THE 'LAW' BREATH-ing WITH A LIFE OF ITS OWN"

Court room 401 @ 9:45 AM Feb 12/ 2016  ......  
CHAMBERS LIST BEFORE THE HONOURABLE MR.JUSTICE GAUL
THERE ARE 3 CASES ON THE DOCKET LIST. 
1) One concerns: DIRECTOR OF CIVIL FORFEITURE.
2) One deals with a straight application dismissal.
3) Mine: 1) $125,000 I FINACIAL LOSSES, LEGAL COSTS ETC.
                2)  MINISTRY TO REVIEW RULES OF CIVIL PROCEDURE. 
  
1) Having 'dealt' with 2 white haired, clearly elderly lawyers , seriously reprimanding one, Judge Gaul sends both to re-configure their materials. (I could not hear the details). They left the court room.
2) Second case showed a gal on her own. Some intrigue it seemed about documents; a call went down to Registry for some docs; some verbal exchanges, and on receiving docs she left the Court room.
3) Then us, alone, except a curious 'other' young counsel, seemingly also employed by the AG.

SO!- We have a judge, employed by the people's Democratic Government of British Columbia, working for (i.e. being handsomely paid by) the Ministry of 'JUSTICE,'  having expertise first nations/aboriginal law). ...... 

It seemed apparent Justice Gaul  had NOT read my Application. (I guess when you are experienced and clever, you can be quickly brought up to snuff if you ask the litigant to explain why they are here:

The following is from my memory. I am ordering a full transcript of proceedings and intend to publish it here....

Justice Gaul (addressing me): Mr. Steen, please describe Sir what you want me to do. 
SRL Steen: (stands up, looks up at the honourable Judge) I describe the 2010 Courtenay Judge's dismissal of my claim, as well as the allowance for appeal, and indicate, that according to the Rules, the Judge erred on both Counts. My attempts to Appeal, and ultimate abandoning it to file in Ontario.
Justice Gaul: And you feel we owe you $125,000 ... 
SRL Steen: Explains the loss of opportunity, the misappropriation by the judge, the nightmare 5 years of litigation in Ontario ...etc.
Justice Gaul: Something like: Ok, sir, I get it,....have a seat, while I let Defence do his thing...

I then observe a truly intriguing scenario; 

A highly capable, well spoken, young Defence Counsel, Johnny Van Camp, appointed and instructed by same Ministry of 'JUSTICE!' > converses with Our Lordship in a chatty, amiably manner, by introducing an 'OUT' Rule 9-5 (1) (a) (d) 

(The only visual difference being: The Honourable Lordship is looking down, while the highly smooth and capable younger, whipper-snapper Defence  is looking UP, >  Now! do these 2 KNOW each other? Well, DUH, they work for the same MASTER!

- And myself, looking right, and up, having slept the Thursday night on a friend's floor, to walk to the Court, in the rain, on the Friday Morning, to receive my daily dose of 'SOUP DU JOUR > 'JUSTICE.'

I remember Johnny starting with the phrase: "I have been instructed." I also remember the Judge saying: "Interesting" at some point (now was there something there he did not know about? A wayward handy Rule that could be applied, this day? 
   
When the two are done, the Judge sends us off to lunch to reconvene hearing his Judgment @ 2 PM.
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At 2 o'clock we reconvene, waiting some 40 minutes before the Judge finally enters, with NO excuse for our time being valuable. We  stand and bow, and wait until His Lordship is seated, before we do the same. 

The verdict is clearly: dismissed!  The ruling is identified as per Johnny's Rule: 9 -5 (1) (a) and (d) (SEE @ BOTTOM)

- According to the Crown Proceeding Act (always in Italics!; I guess if NOT, it would be meaningless!)

The section specifies that no claim against government arises from "anything done or omitted to be done by a person acting in good faith while discharging or purporting to discharge responsibilities (i) of a judicial nature vested in the person, or (ii) that the person has in connection with the execution of judicial process."    

Blogger's NOTE:  The Rule clearly identifies: Judges are ABOVE THE LAW and can hand down orders AS THEY SEE FIT! (As I stated: SOUP DU JOUR! Hallelujah Our Demo Crazy is alive and thriving. This Legal Cult Reigns Supreme; Collusive, and unchallenged! 

Then there is :

"4. Not only is the plaintiff's claim barred by s. 3(2)(a) of the Crown Proceeding Act, it plainly discloses no reasonable claim and is an abuse of the courts' process." 
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EXHAUSTED Litigant/ BLOGGER's NOTE:

I have now spent some 7 years challenging this 'wondrous' never-neverland of blatant corruption, and come full circle.  Like my family, off spring, friends and citizens around me, most who live to know this reality by acceptance: "It's just the way it is, Dad." undaunted, foolishly, like an emaciated Don Quixote it intrigued me.

How could a Country, as diverse as Canada, with its vast natural beauty, be allowed to be run by tainted posers?

My almost 5 years of internment as a child led me to be especially curious about the behaviour of our species. I am needing to acknowledge at this point that the survival element continues to lie at the very essence of our actions. Only the strong shall survive.

I live in the woods; I have somehow managed to become a 'fortunate' person, to be where I am.
Upon my arrival at the Victoria Courthouse, parking my Smart Car in front of the Court House, I saw the homeless' Tent Village, adjacent. It appeared at least some hundred individuals were ensconced in  a tightly packaged group seeking an answer to their woes.

So close to 'Justice,' yet so far away...Syria, Iraq, Palestine, Africa, the daily misery of the masses come to the fore, while I as a more fortunate being, freely enter the HALLS OF JUSTICE!

To be ultimately told I was wasting our democratic justice's time.
I now realize we are run by psychopaths.
Oh for a benevolent Dictator!

I am looking forward to see (upon ordering a full transcript) if indeed the transcript is 100% as I remember the proceedings to unfold. Court Transcripts are by Law NOT ALLOWED TO CHANGE A WORD OF THE ACTUAL PROCEEDINGS. 
(I have previously gleaned otherwise!) 

I will await the transcript of proceedings and likely wrap up these pre-occupations; then focus my efforts on hopefully more productive matters.  

NOTE: Below is a response from Defence. It was filed February 11, the day before Trial. 
Copy below did not 'print' the stamped date.  

Also, I was 'PRESENTED'  Mr. Johnny Van Camp's Defence's Book of Authorities and Application Record some 15 minutes before entering the court room. 
J.V.Camp: Mr. Steen? 
ME: Yes.
J.V.Camp: (handing me 2 folders) Here you go sir...

ADDITIONAL NOTE

On February 11, circa 10 AM, I had a call from the Victoria registry: "Hello Mr. Steen, will you be attending tomorrow's Court appointment?" 
ME: "Oh yes, I'm getting all set to leave my island today in order to attend..."

Intending to catch a 2 o'clock Ferry Off Island, just before leaving after 1 o'clock to drive around the island to the ferry landing, the phone rings:
It is the Registry:
"Hello Mr. Steen, sorry to call you again sir, but do you know the name of the Defense Counsel ?"
ME: "Oh, yes, his name is Johnny Van Camp! "
Registry: "Thank you so much Mr. Steen."

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 WHAT IS MOST  FASCINATING HERE IS CLEARLY, WHEN IT CONCERNS 'SPECIALTY' SENSITIVE CASES THE REGISTRY KNOWS ABSOLUTELY NOTHING ABOUT PROCEDURE AND DETAIL.  

When in court, it was my November filing that was addressed. NOT my newly filed January files (after my November Requisition's Adjournment) 

The Court functions according to its own directive, exchanging documents OUTSIDE the Registry when so desired.  

The clique cult is enclosed in its own intimate environment. All Rules are absconded.

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(VICTORIA
    FILED
FEB 11 2016
REGISTRY)

NO. I5 4257 
VICTORIA REGISTRY 

IN THE SUPREME COURT OF BRITISH COLUMBIA 

BETWEEN: 

EVERT JAN STEEN 

PLAINTIFF 

AND: 

THE MINISTER OF JUSTICE AND
 ATTORNEY GENERAL OF BRITISH COLUMBIA 

DEFENDANTS 

APPLICATION RESPONSE 

Application response of: The Minister of Justice and Attorney General of British Columbia 

THIS IS A RESPONSE TO the notice of application of the plaintiff filed November 3, 2015. 

Part 1: ORDERS CONSENTED TO 

The application respondents consent to the granting of the orders set out in the following paragraphs of Part 1 ofthe notice of application on the following terms: NONE. 

Part 2: ORDERS OPPOSED 

The application respondents oppose the granting of the orders set out in paragraphs 1 - 3 of Part 1 of the notice of application. 

Part 3: ORDERS ON WHICH NO POSITION IS TAKEN 

The application respondents take no position on the granting of the orders set out in paragraphs NONE of Part 1 ofthe notice of application. 

-2- 

Part 4: FACTUAL BASIS 

1. The plaintiff seeks to obtain $125,000 in a summary trial application for an alleged wrongful decision of a Provincial Court judge from May 2010. 

2. None of the plaintiff's materials for this application have been properly served on the Attorney General of British Columbia ("AGBC") per s. 8 of the Crown Proceeding Act, RSBC 1996, c. 89, and the hearing was set down unilaterally. 

3. Per Rule 9-5(3), the AGBC requested on February 4,2016, that the registrar review the plaintiff's notice of civil claim and consider whether to refer the matter to the court for decision regarding whether the claim should be struck under Rule 9-5(1). 

Part 5: LEGAL BASIS 

The plaintiff's claim should be dismissed by desk order 

1. Rule 9-5(3) empowers the registrar to retain and refer notices of civil claim to the court to consider making an order striking the claim under Rule 9-5(1 ). 

2. Rule 9-5(1) provides jurisdiction for the court to pronounce judgment, order the proceeding to be stayed, or dismissed for actions that disclose no reasonable claims (a) or are otherwise an abuse ofthe process of the court (d). 

The Plaintiff's claim should be struck

3. The Plaintiff's claim is barred by s. 3(2)(a) of the Crown Proceeding Act. That section specifies that no claim against government arises from "anything done or or omitted to be done by a Qerson actingin good faith while discharging or purporting to discharge responsibilities (i) of a judicial nature vested in the person, or(11) that the person has in connection with the execution of judicial process".


4. Not only is the plaintiff's claim barred by s. 3(2)(a) of the Crown Proceeding Act, it plainly discloses no reasonable claim and is an abuse of the courts' process. 

5. If the Plaintiff was dissatisfied with a ruling made over five years ago in May 2010, he should have appealed and seen that appeal through. He did not, and this action was commenced well out of the prescribed time under the Limitation Act   SBC 2012, c. 13 or RSBC 1996, c. 266. 


Part 6:MATERIAL TO BE RELIED ON 

L Requisition requesting referral to the court, filed February 4,2016. 

2. The notice of civil claim, filed November 3,2015. 


(3)

The application respondents estimate that the application will take 30 minutes. 

[X] The application respondent has filed in this proceeding a document that contains the application respondent's address for service. 


----------------------------------------------------
Date: February 11, 2016 

Signature of Johnny Van Camp
 [X] lawyer for application respondents 


This Application Response is prepared by Johnny Van Camp, Barrister and Solicitor, Lawyer for the Attorney General of British Columbia, of the Ministry of Justice, whose place of business and address for service is P.O. Box 9280, Stn Prov Govt, 1001 Douglas Street, Victoria, British Columbia, V8W 917; Telephone: (250) 952-9191; Facsimile: (250) 953-3557. 

 We - the people - are Pons for the Pros .........GO JOHNNY GO!  

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