Sunday 19 February 2017

275. Trust, Faith, Honour, Tolerance, Ethics, Truth, Dependability, Accountability....UP for Sale...

STAT-VIEWS @ 18,210

When sworn in to office, our highest Government Appointed Officials swear their oaths to adhere to very specifically identified legal promises and to be at all times objective, impartial and fair. Such are the laws as set by a democracy! We now know that, at times, if not blatantly ignored, these oaths can be blatantly betrayed!

That's right! All because a former Judge sent me packing for "lack of jurisdiction"[...] "to file a claim in the Jurisdiction of the Defence who domiciled in a faraway Province, a Province which Default ruling for filing states that a claim must be filed in the Jurisdiction it originated! ... Make sense?

So the Judge was WRONG! But challenging this higher, Supreme Court the Lady was hired to serve, never even bothered to look at this claimant supplied evidence! Instead it tells him: "... his action discloses no reasonable claim and is an abuse of the court process."  And once again, the claimant is dismissed, sent packing - nary finding even a modicum of Justice as set down by the Nation's written laws.

Not only that! We have purported Justice upheld by 2 individuals both working for the same Ministry.  There is the Defence Counsel representing the claim against the Ministry of Justice; and then there is the Judge representing the Ministry of Justice.

If there is "an abuse of the court process" at play, even a toddler would point the finger at what is rampant 'COLLUSION.'

So, does betraying a sworn oath, even once, make a difference to one's Ethics? You have sworn an oath to be faithful and adhere, then break that promise? Can it be tolerated even once? Like on an especially bad day? If so, by who? Who is watching over us? Who regulates those at the pinnacle of our highest Institution?

It appears all is ultimately left to the judges and lawyers own conscience! And looking around at our very leaders, the purportedly most noble and learned specimen of our species, there appears to be very little clean 'conscience' to be found anywhere. How can this come to pass?

Let's have a Google's look at some data about what makes a sociopath....
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"Ninety-nine percent of humanity are not sociopaths. One percent is. Of that one percent, there are some that are so inhuman, so bone-chillingly awful, that they become famous sociopaths. Unfortunately that's exactly what they want, and their infamous notoriety pleases them to such a degree that prison doesn't bother them. If anything, prison is just another playground."
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sociopath and psychopath appear to have become interchangeable, but they are not. Whilst both are people with a mental illness that separates them from the rest of society the psychopath appears to have a continuous anger at the world and people with a disposition toward violence, whilst the sociopath literally “doesn’t care”. 

Sociopathy, like psychopathy is labelled in the US Diagnostic and Statistical Manual of Mental Disorders (DSM) as antisocial personality disorder. There is limited evidence that sociopathy is the result of a brain injury or embedded belief system, whilst psychopathy has a hereditary component. Some academics have estimated that one in twenty-five of the population may be a sociopath or show sociopathic tendencies. 

The character Sheldon Cooper in the popular television comedy “The Big Bang Theory” has high-functioning Asperger’s syndrome, but because of his disregard for the feelings of his fellow characters, could be perceived as a sociopath. 

Signs and Symptoms of Being a Sociopath 

There are a respected range of signs that can identify those who could be labelled sociopaths. These include an outward charm, potentially showing a chameleon like ability to be everything the person they are engaging with wants. As a former wife of a sociopath quoted “he morphed into a perfect being”. This is an indication of another of the traits, sociopaths will be often be deceptive and dishonest, and some would describe them as pathological liars. 

Sociopaths are by nature manipulative saying and do what is required to deceive those they wish to control. They often believe they are superior to those around them; they will also get bored if not constantly stimulated. 

Sociopaths appear to have a limited range of feelings, expressing little happiness or sadness, and with no sense of the suffering that they inflict on victims of their actions. At the extreme they can be seen as cold, callous and contemptuous.


Somewhat paradoxically they also have trouble controlling their behaviour when challenged, often responding with annoyance and impatience.

Read more at: http://psychologized.org/top-5-famous-sociopaths/


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10 Professions That Attract the Most Sociopaths 


Our notions of good and evil are as malleable and evolving as the society around us. Whereas once we used to burn opinionated women as witches, or assume seizures were a sure sign of demonic possessions — we now rely on scientific inquiry and skepticism to define the world around us. This has led to a wide array of psychological categories, groups and behaviors through which we self-identify: Introvert, type A, depressed, delusional, egotistical or sociopath!
There are still ongoing disputes in field of psychiatry, and the inner workings of the mind remain a great scientific mystery yet to be fully explored. However, when it comes to sociopathy, we seem to have a somewhat functioning definition: a lack of empathy, emotions, or ability to identify with others coupled with a superficial charm, persuasiveness, focus, and egomania.
It might surprise some to learn, however, that the vast majority of sociopaths aren't killers lurking in the shadows. Most of them are walking around among us, immersed in careers that nurture their psychological traits, and in some cases even reward them.
Here are the top ten jobs that attract sociopaths, according to author Kevin Dutton:
1. CEO


With the heartless greed and sadistic ambition displayed on Wall street since the 2008 financial collapse, it may come as no surprise that the first place on the list goes to the modern-age equivalent of a pharaoh. Capitalist positions of leadership offer power, autonomy, command, and status — a perfect battlefield for the ambitious and ruthless to compete. Where once pyramids littered the dessert in tribute to vain kings, we now have skyscrapers and corporate logos filling the clouds above.

2. Lawyer

Lawyers cloak themselves in the language of their field, making the laymen reliant on their expertise to survive in a courtroom. In the fog of legalese linguistics and glibly twisted logic, you better pray your lawyer is the most bloodthirsty of the two. There's a reason Shakespeare hated them so much, and why they continue to be the butt of so many jokes. Lawyers have a reputation for distorting the systems of equality, specifically for the purposes of ensuring their financial success. For every white knight district attorney looking to uphold the pillars of justice, you are sure to find a handful of bleak-hearted cynics and cutthroats.
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There you have it! Top of the list. Bundle Lawyer with Judges, since, except for Masters, they are all elevated lawyers. Feel familiar? It DOES explain it all, but does it make it right?

This then takes us back to our 'conscience.' And, most importantly, since many of our anointed highest and most noble citizens are having trouble keeping their oaths, as is made clear by above... ,  

WHAT ARE WE GOING TO DO ABOUT IT?

conscience |ˈkän(t)SHənsnounan inner feeling or voice viewed as acting as a guide to the rightness or wrongness of one's behavior: he had a guilty conscience about his desires | Ben was suffering a pang of conscience.
Recent studies in epi-genetics show that our conceptions and attitudes to life are set in early life. If, as a child, you were raised in an institution, or a parent abused you, there is a likely-hood certain irregular societal behaviors can occur later. 

ˌepəjəˈnediks/
noun
BIOLOGY
  1. the study of changes in organisms caused by modification of gene expression rather than alteration of the genetic code itself.

    "epigenetics has transformed the way we think about genomes"

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    More later.....none of it very encouraging ..... :) 




Monday 6 February 2017

274. The USE - MISUSE or ABUSE of POWER!

STATS SHOWING 17,738 VIEWS

For those of you who can stomach it,

Our 'Democratic' society has essentially set up niches in which it allows 'specially qualified people,' with purportedly earned - next to perfect morals and intentions, to ply their trade for the 'good of the people,'  - like Ministers, Imams, Priests, Surgeons, Police, and, YES - JUDGES.

What has become apparent is that a good number of these individuals may have chosen their professions with certain nefarious intentions in mind!

Like the policeman who thought he'd look good in a uniform, while carrying a gun, instead of being a killing thug. Or the haughty youth who imagined him/herself in black robes looking down at plebeians, giving them his/her cold verdict!

To shorten your read of below copy, I have inserted one of the many 'do's' I felt to be a pertinent example:

"4.03 Judges should respect and comply with the law and should conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

Since across the board, the above AIN'T HAPPENING, NOW is the time to pick up sticks, stop gathering moss, and rally to the cause!  If you are interested to make Democracy what it set out to be, and do! - There is LITTLE OR NO TIME LEFT TO MAKE A STAND BY INSISTING OUR GOVERNMENTS DO SOMETHING TO RECTIFY IT!  

- ENOUGH OF PHONY FOLK PLAYING THEIR GAMES, SCREWING THE PUBLIC!    

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CODE OF JUDICIAL ETHICS *

PREFACE: "Quis custodiet ipsos custodes?" -Juvenal "Qui Custodiet Custodes" The correct exercise of judicial authority necessarily requires self-discipline. Otherwise, authority becomes oppression. This is the fundamental reason for which the Code is offered. After much work by a number of judges, the Code was adopted by the Provincial Judges Association of British Columbia at its Annual General Meeting September 18, 1976, and pursuant to the Provincial Court Act by the Judicial Council of the Court pursuant to Section 13(e) of the Act December 3, 1976. This Code was updated in language only in June of 1993. This Code of Judicial Ethics not only meets professional needs but in a social sense goes directly to the judge's credibility. In attempting to define the ideal of proper judicial conduct it serves both as a guide and a standard. DEFINITIONS In this Code of Judicial Ethics, so far as the context does not indicate differently, the following definitions shall apply: a) "Act" Provincial Court Act R.S.B.C. 1979, C. 341 b) "Association" Provincial Court Judges' Association of British Columbia (formerly known as Provincial Judges Association of British Columbia) c) "Council" Judicial Council pursuant to Section 12 of the Provincial Court Act

RULES OF CONDUCT

SECTION 1: PERSONAL COMPORTMENT

Rule 1.00 - Judges must be truly independent and must avoid all conflict of interest. CONSIDERATIONS: 1.01 Independence of judges requires both material and intellectual autonomy. 1.02 Judges are subject only to that authority which emanates from the Provincial Court Act. 1.03 Judges must always beware of a possible conflict of interest where their financial affairs are involved.

Rule 2.00 - Judges must devote themselves entirely to the exercise of their judicial function. CONSIDERATIONS: 2.01 The rule conforms with Section 8 of the Act. 2.02 The essence of this rule is the assurance that the impartiality of judges is never placed in doubt. 2.03 Upon accepting an appointment to the bench, judges consent voluntarily to the acceptance of certain advantages as well as certain prohibitions. 2.04 Subject to any legislation to the contrary, and as long as judicial functions do not suffer, judges may without remuneration or honorarium: a)participate in legal activities. Without limiting the generality of the foregoing, judges may teach law, attend conferences, write articles or treatises, work on committees; b)participate in activities related to the community, to charities, to the arts, and to sports, it being recognized that a judge isolated from society is one who cannot keep in touch with its evolution. However, judges should not participate in fund-raising activities.

Rule 3.00 - Judges should maintain their competence, both through their own work, and by participation in all programs of general education or upgrading. CONSIDERATIONS: 3.01 All parties concerned have a right to presume that judges have the general legal knowledge and the aptitudes required to be Provincial Court judges. 3.02 The Chief Judge should see to the swearing-in and orientation of any judge appointed. 3.03 Judges should endeavour to remain up to date on any changes in the law in those areas where they will be called upon to exercise their functions and to reflect upon the spirjt and the letter of the law which it is a judge's duty to apply. 3.04 In the field of permanent judicial education, judges have a duty to cooperate with the organization dealing with refresher courses.

Rule 4.00 - Everywhere and at all times, judges should behave irreproachably.

CONSIDERATIONS

Rule: 4.01 Judges should always conduct themselves properly.
Rule: 4.02 Judges should expect to be constantly scrutinized by the public. Consequently they should also voluntarily impose upon themselves certain restrictions on their behaviour, their associations and their public appearances.
Rule: 4.03 Judges should respect and comply with the law and should conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

SECTION 2:  IN THE EXERCISE OF THE JUDICIAL FUNCTION

Rule 5.00 - Judges should be impartial, diligent and courageous. CONSIDERATIONS: 5.01 Judges should not be influenced by partisan interest, public opinion, or fear of criticism. 5.02 Judges should not lend their prestige to the promotion of other interests. 5.03 In all matters of which they are seized or on which they expect to sit, judges have the duty not to hear or receive before judgment any representations, verbal or written, in the absence or without knowledge of the parties and their counsel.

Rule 6.00 - Judges must be objective. CONSIDERATIONS: 6.01 By being aware that judges are marked like all of the world with human nature, they should be constantly on guard to maintain their objectivity. 6.02 In the course of hearings judges should refrain from making any observations which might indicate their thinking or their decisions. 6.03 Judges should remain above the parties, their counsel, and the dispute itself.

Rule 7.00 - The role of judges is to render justice within the framework of the law. CONSIDERATIONS: 7.01 Although the two expressions can be viewed in the same light, a distinction is made here between the administration of justice and the rendering of justice. 7.02 By their oath of office judges have the duty to apply the law. 7.03 In this era of multi-disciplinary approaches, judges may in certain circumstances have recourse to advice from others in order to assist them in rendering justice. 7.04 In conjunction with the previous considerations, judges should always be conscious of the responsibility which is theirs alone: that is, the final decision, the burden of which they must carry.

Rule 8.00 - Judges should refrain from criticizing openly or publicly the quality of the administration of justice or the conduct of judges, other than through the appropriate channels. CONSIDERATIONS: 8.01 Maintaining the status quo is no more virtuous than change for change's sake. With this in mind, judges' daily experiences may place them in a position to formulate suggestions for the improvement of judicial institutions. 8.02 In such a case, judges may make recommendations and representations provided that these are done through the intermediary of the Chief Judge (or the Association).

Rule 9.00 - Reasons for judgment should be given and if reserved should be rendered within a reasonable time. CONSIDERATIONS: 9.01 The parties before the court have every right to know the outcome of any hearing as soon as possible. 9.02 A party has the right to be told in clear language the reasons behind a particular decision. 9.03 Explicit reasons should be given for all judgments.

SECTION 3 HEARINGS

Rule 10.00- Judges should: a) sit at those times and in those places to which they are assigned by their Chief Judge pursuant to the statutory powers assigned to the latter, and, b) conduct hearings and make their decisions with all due diligence, and, c) make themselves available to assist their colleagues on those occasions when their own work ends prematurely. CONSIDERATIONS: 10.01 Time is an aspect of justice, and justice must at times move slowly. With this in mind, this rule emphasizes speed and efficiency. 10.02 Frequent adjournments during a particular case may weaken the evidence and may result in the failure to properly emphasize certain elements in the evidence to the detriment of the parties and of the public interest. 10.03Justice delayed can often be justice denied


Rule 11.00- In the exercise of their judicial functions, judges should maintain their serenity at all times. CONSIDERATIONS: 11.01 Judges will always be the object of criticism since the aim of their work is to make rulings between the opposing parties. 11.02 Judges should make every effort to be calm, patient, and to remain above criticism in order to guard against the loss of their serenity. 11.03 The personal problems of judges should never bear so heavily upon them that they lose the serenity necessary to the proper performance of their duties. 11.04 The atmosphere surrounding work of judges should promote peace of mind. 11.05 Serenity implies good sense and an evenness of attitude.

Rule 12.00- When presiding at a hearing, the conduct of judges should reflect the seriousness and gravity of judicial proceedings. CONSIDERATIONS: 12.01 Judges on the bench should maintain an impassive attitude. 12.02 When it is necessary to remand a matter to another date, judges should explain succinctly to those present the reasons for such an adjournment. 12.03 Complaints regarding the conduct of hearings should not be voiced by judges from the bench or in any other public forum, but rather should be discussed with the Chief Judge or the Association

Rule 13.00- In the light of their duty to maintain order and decorum during hearings, judges should display firmness with courtesy, and at all times be patient, deliberate and dignified. CONSIDERATIONS: 13.0l Within the bounds of decency, the law, and the rules of practice, judges should always allow counsel to fulfill their obligations with all due vigour and persistence. 13.02 Should counsel lose control, fall into the use of invective, or generally conduct themselves casually or with arrogance, judges should avoid meeting them on this level, and should instead work to return the hearing to that level of good sense and decorum necessary to the sound administration of justice. 13.03 Judges should always remind those appearing before them that they have a duty to observe the rules of basic good manners.

Rule 14.00- Judges should treat all those appearing before them with deference and respect. CONSIDERATIONS: 14.01 Many witnesses must make certain sacrifices to appear in court and may find this task a very difficult one; judges should therefore be patient and refrain from directing any comment which might be interpreted by such persons to be derogatory. 14.02 Many witnesses are appearing in court for the first time and are unaware of the basic rules of court. It therefore falls to the judge to briefly instruct witnesses as to what is expected of them in the performance of their duties.

Rule 15.00- Judges should attend in Court at the time designated. CONSIDERATlONS: 15.01 The role of punctuality in the administration of justice cannot be overestimated. 15.02 In the absence of any specific rules of practice, it is the duty of the Chief Judge to set hours of court sittings and to ensure that all parties are well advised of such hours.

Rule 16.00- Judges who infringe these judicial guidelines offend the honour and dignity of the Provincial Court of British Columbia.

* NOTE: As if it would not behoove our Country to unilaterally identify identical codes for all our Canadian Judges, the above are codes for BC domiciled and working judges.
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Wednesday 1 February 2017

273. A World in Chaos

STAT VIEWS @ 17,699



While newly elected President 'DJ' Trump zig-zags routine business signatures between his Towers and White House  - creating chaos - while backed by his now 'bud' Goldman Sacks billionaires he had sworn to stay away from; while our Justin Trudeau wines with Chinese business elites looking to buy more resources, the world of the 'haves' continues to unfold, spreading its questionable orders,  the sane and concerned rally, perplexed and furious.  

HOW IS IT ALL POSSIBLE? ......They do it, because they CAN, since they are in charge!

Before we venture to break down the system that could take us to the root cause, let me again quote the phrase I decided, after my 6 years poking at the legal system, may well define the crux of this matter. 


At the foundation of every Political System functions its Justice System. If it is corrupt, everything else will be.

Let us step back and interrogate. 
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"The Fraternity: Lawyers and Judges in Collusion"

"The once-honorable profession of law now fully functions as a bottom-line business, driven by greed and the pursuit of power and wealth, even shaping the laws of the United States outside the elected Congress and state legislatures.”

-- Justice John F. Molloy
From an Internet released preview of the book by John Fitzgerald Molloy, 

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WHAT IS A JUDGE?  
DEFINITION:

"A judge presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open court."


"The Role of the Judge


www.cscja-acjcs.ca/role_of_judge-en.asp?l=5

The Role of the JudgeJudges play many roles. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice."

"MOST IMPORTANT! > JUDGES ARE IMPARTIAL.....IN THE PURSUIT OF 'JUSTICE.'
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JUDICIAL ETHICS: EXPLORING MISCONDUCT AND
ACCOUNTABILITY FOR JUDGES

The Judicial Tradition

"Great is Justice !
Justice is not settled by legislators and laws - it is in the Soul;It can not be varied by statutes, any more than love, pride, the attraction of gravity, can;
It is immutable - it does not depend on majorities - majorities or what not,
come at last before the same passionless and exact tribunal.
For justice are the grand natural lawyers, and perfect judges -it is in their Souls;
It is well assorted - they have not studied for nothing- the great includes the less;
They rule on the highest grounds - they oversee all eras, states, and administrations.

The perfect judge fears nothing - he [she] could go front to front before God;
Before the perfect judge all shall stand back - life and death shall stand back - heaven and hell shall stand back."
- Walt Whitman
(Whitman was an American poet, essayist, and journalist. A humanist, he was a part of the transition between transcendentalism and realism, incorporating both views in his works.)
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So OK,  in a perfect world -   "Great is Justice !"
Let's review these words - including the exclamation mark. 

In Nature, 'Justice' does not exist. When hunger strikes, a Lioness will have her Wildebeest - to feed her cubs. Since it carries 'natural' motivation, 'survival' is here the operative word. Remember, only the fittest survive. It is the most dominant LAW of Nature! It is NOT questioned, since without it, life does not exist. Nature does not question. All living matter preys on 'something' - for survival! So does mankind, and so do cancer cells prey on matter.

As such, 'Justice' is a man-made concept. I surmise it came into existence when humans began to wonder beyond the tactile realities of life. Maybe it was when the 'GODs' were created? 

"Justice is not settled by legislators and laws - it is in the Soul"

Ah, yes, the 'SOUL.' That good old inner voice mankind adopted to set it apart from 'Nature.' The conscience of the Soul is responsible for Justice! let us have a closer look and dissect this.  
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[ http://www.roangelo.net/logwitt/logwit86.html ] 

"Can man become good through "care of the soul"?
"I spend my whole life in going about and persuading you all to give your first and greatest care to the improvement of your souls, and not till you have done that to think of your bodies or your wealth " (Plato)
      
 - 'What Plato means by 'care of the soul' (in Phaedo 107c) is not discussed on this page (although for both Plato and Socrates, to 'care for the soul' means to 'become a thoroughly ethical human being'). Here the topic is what the historical Socrates means by 'care of the soul' and its practical application to our life.'

A recent Canadian case highlighted the importance of having a written standard of conduct for judges. In an inquiry into the conduct of a Provincial Court Judge it became apparent that the misconduct had been occurring for a number of years, yet this behaviour was only now being questioned. Judges occupy a position of power relative to other actors in the administration of justice. 

Madame Justice MacFarland indicated in the Inquiry Re: W.P. Hryciuk a Judge of the Ontario Court: (18)
While a judge has no official authority over other persons working in the court system, in terms of playing any role in the hiring, firing or otherwise disciplining of those persons, it is apparent that by his very office he plays a significant and unique role in their working lives. Judges must take particular care never to misuse or to abuse that power.

A Code of Judicial Conduct provides a standard against which to assess judicial behaviour. It also serves as a guide to judges about what is and is not acceptable behaviour. While the conduct of Judge Hryciuk was the sexual harassment of lawyers and judges in his domain, and thus should have been recognized by all as unacceptable, there are other kinds of judicial misconduct that are less apparent.

It is in these grey areas that the concept of judicial ethics become particularly important. There would likely be widespread agreement that a judge should not abuse his or her position of power but less agreement about what would constitute such an abuse.

B. "Judicial Ethics": A Need for Definition
These are various definitions of judicial ethics and interestingly some dictionaries which provide no definition at all.

The Canadian Law Dictionary
Ethics: The basic principles of right action. "Ethics of a Profession" means the general body of rules, written or unwritten relative to the conduct of the members of the profession intended to guide them in maintaining certain basic standards of behaviour. An increasingly popular topic of discussion and debate this term remains ill defined. (19)
Black's Law Dictionary (6th Ed.)

Ethics: Of or relating to moral action, conduct, motive or character; as, ethical emotion; also, treating of moral feeling, duties or conduct; containing precepts of morality; moral. Professionally right or befitting; conforming to professional standards of conduct. (20)

Next Post I shall re-post the Judge's Oath to Ethics.