Friday, 29 May 2015

195. Addressing those in power.

VIEWS@12,900

Hornby Island, BC, May 29/ 2015

Dear Madame Justice Suzanne Anton, Minister of Justice + Attorney General for BC:

Seeking to avoid any adversarial stance, this letter is intended as an amicable gesture, incorporating the principle of good faith, and a duty to act honestly.

As Minister of Justice and Attorney General of British Columbia you are in charge of the daily actions and behavior of those you employ, i.e. the Masters and Justices of this province. Additionally your National office created the Rules of Civil Procedure on which all our country’s legal decisions are based.

In your honourable and highly privileged position, I ask you to comprehend that as a Self Representing Litigant (by need, since I exist on a minimum pension), I have these past five years endured the ins and outs of our Democracy’s legal system. It continues to be both a financial, as well as an emotional nightmare.

All the while searching for Justice and due process, I experienced none of its defined prerequisites. Our Rules of Civil Procedure, the Sedona Conferences (Moving the law forward in a reasoned and just way), as well as the Supreme Court of Canada’s move to include “The principle of good faith and duty to act honestly” in Contract Law, while well-intentioned objectives, all were absent from the realities I encountered.

In my recently Blogged letter to the advisory board of the NSRLP in Ontario, I explain:
“Jan continues:
My experience has taught me that before there is “commitment to advancing access to justice in Canada” the “urgency of system change” must occur at the very core of the system. For me this means that before there is better access to procedure, we must make sense of the Rules. Any system created and governed by its employed participants is bound to raise barriers for outsiders. Over the last seven years I have experienced numerous examples of permitted anomalies and what seemed to me to be apparently illegal behavior by the legal system. In the end, I feel that the system managed to devour me and then spit me out, after a tedious and long-drawn game.”

The system your office created, Madame Anton, expresses itself as if running like any other ‘business.’ In their efforts to satisfy their clients, my experience showed integrated law firms riding shotgun over Masters and Judges. Due diligence, fairness, good faith, as well as adherence to the facts at issue, were missing from proper rule application. Like chess, directives were about positioning, the aim towards ‘winning.’

This then takes me to the responsibilities of your office.

Though you may have inherited what you are in control of, truth is, with the above said your system is the average citizen’s bane. Human foible as it is, unless serious issues are addressed, the legal system, i.e. our system of ‘Justice’ will continue to be a parody of its intentions. While actual Justice eludes the average citizen’s legal rights, it will continue to serve the flush and well connected. Nothing has changed for hundreds of years.

As parents and grandparents, surely our consciences are prepared to take on this challenge by making every effort necessary to rectify what has gone so seriously awry. To bring back some faith and honorability to both your office as well as the very manner in which the justice system is being practiced is our duty. In turning lie to truth, hundreds of thousands of fellow Canadians would sigh a welcome relief and applaud you.

A claim will be filed against your office for damages suffered at the hand of one of your officers, Madame Justice Justine Saunders. My BC claim for contractual non-compliance for the creation of a website by an Ottawa domiciled web company was erroneously dismissed for “lack of Jurisdiction.” I will indicate how the ‘OR’ rule for filing in BC indicates the necessary provisos for an applicable and acceptable filing. I will have case law to validate the above. The Ontario default Rule for filing states to file “where the claim originates.” Had I filed in Ontario, a judge could more justly have dismissed it.

Justice Saunders erred a second time for allowing me to appeal. Defence Counsel brought this to my attention in an Application to a Judge a number of months after I had filed same. A technicality allows an appeal after a Trial, not a Hearing. Ours had been a Hearing; hence no appeal was allowed. This became the argument.

The JUSTICE OF THE PEACE CODE OF ETHICS Rule 2.01 indicates: “Justices should remain up to date on changes in the law relevant to their judicial function.” This aggravating phase alone took up some 6 months of my life.

(Quoting your website)
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 Justice Reform Initiatives
The B.C. government is modernizing and transforming justice services in a way that meets the needs of British Columbians. In particular, it is aiming to create a transparent justice system capable of delivering timely, well-balanced services.
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While I will do everything in my powers to recover what has been lost both financially, emotionally as well as in time investment, as a fourty year domiciled British Columbian, I offer my due diligence in helping my government achieve the above transparency.

Understanding parliament will be taking a summer break soon, I am sending this connect today with the hope your office will both acknowledge receipt, as well as allow for an indication when my claim filing would be best timed.

In the meantime I remain,
Sincerely Yours,
Evert-Jan Steen 




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