VIEWS@9690
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!
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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