Canada’s new Supreme Court judge Sheilah Martin says courts should treat litigants with respect, be open, transparent. What does she think about Justice ‘Backroom Bryan’ Shaughnessy?

SCC Justice Sheilah Martin and ‘Canada’s Backroom Judge’ Bryan Shaughnessy (right)

Last Monday, Justice Sheilah Martin spent almost three hours meeting parliamentarians and generally laying out how she sees her role and the law. Of course she properly stayed away from specific issues that could come before the Supreme Court – but some of her words go straight to the heart of our justice system and the rule of law. Hopefully she will come down hard on courts that abuse their powers and authority.

Justice Martin’s Questionnaire for her appointment to the Supreme Court of Canada is a revealing document that shows her concern for the wrongly convicted and ordinary Canadians of many origins who are most often roadkill in our courts.

Overall, Martin stressed the need for judges to treat litigants with respect…

“You have to show respect in order to get respect,” she said.

She pushed back against the idea that judges’ rulings express their own views.

“The role of judges is a very different one than law professor or advocate. Judges decide based on proof, principle, precedent. We may call it a judicial opinion, but it’s not the personal preference of the judge. It has to be grounded in law, it has to be grounded in principle, there has to be an open, transparent, defensible reasoning, there has to be an explanation to the public, and it has to be clear and intelligible and has to meet the arguments that have been raised.” From the Star article New Supreme Court judge underscores need for judicial independence

How would Justice Martin view Bryan Shaughnessy’s disgusting misconduct?

Here is a sample from the September 28, 2017 sworn affidavit of Julian Fantino, former Commissioner of the Ontario Provincial Police, concerning Justice Shaughnessy’s conduct during the Donald Best civil contempt case:

  • “Court ended and the Judge (Shaughnessy) left the courtroom. The courtroom staff ended their duties and Mr. Best was taken away to prison. Then, in Mr. Best’s absence, in a backroom and off the court record with no transcript and no endorsement on the record, the Judge secretly created a new Warrant of Committal and increased Best’s time to be served in prison by 50%… this new secret Warrant of Committal was given only to the prison authorities and was not placed into the court records.”
  • “There is no justification for this which appears to be a vindictive and punitive act and it needs to be closely scrutinized.”

In other words, Bryan Shaughnessy, a Federally appointed Justice of the Ontario Superior Court, corruptly wielded his authority and power in secret, in a backroom, off the court record and with zero regard for the rule of law, transparency or accountability… just as one commonly sees in third-world backwaters where local despots misuse their authority for private purposes.

Further, Justice Shaughnessy was dealing with an unrepresented person who had already been taken away to prison. Justice Shaughnessy knew that he could get away with this abuse because the prisoner didn’t have a lawyer and was incapable of appealing the secretly increased sentence from prison. Further Best might not even be told by prison authorities about his increased sentence for weeks or months.

There is no doubt that our new Supreme Court Justice Sheilah Martin would slam Bryan Shaughnessy’s corrupt and secret backroom actions that undermined the public respect for the courts and brought the judicial system into disrepute.

Justice Shaughnessy should permanently resign from the bench as no lesser remedy is capable of repairing the damage he has done.

Several senior lawyers and a retired Crown Attorney call Justice Shaughnessy’s behaviour “despotic”, “disgusting”, “reprehensible”, “malicious” and “worthy of his removal from the bench.” Lawyers especially are concerned with Shaughnessy’s misconduct as his actions strike right to the foundations of our justice system and society.

Notice to readers, including Persons and Entities mentoned in this article

As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Comments left on articles are moderated at least once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets. Photo of Justice Martin via Alberta Courts public handout.

Readers are also encouraged to thoroughly study all the evidence available here at DonaldBest.CA, to perform independent research on the Internet and elsewhere, to consider all sides and to make up their own minds as to the events reported on DonaldBest.CA.

Donald Best
Barrie, Ontario, Canada

6 comments

  • It was also reported in the media that Justice Minister Wilson-Raybould said that Sheilah Martin is being considered, along with three of the current SCC justices, for the role of Chief Justice.

    And in other news, here in B.C., we have a report of a Provincial Court judge expressing great sympathy for a biker gang member who while thoroughly intoxicated shot and killed his “friend”:

    http://vancouversun.com/news/staff-blogs/real-scoop-judge-suggests-she-feels-sorry-for-hells-angel-killer

    Maybe she didn’t know the accused’s entire history, part of which is recounted further down in the story.

  • So how’s those costs orders coming along Donnie? Ready for one final one from the Federal Court after the laugh you and Skansky into the streets lol? And maybe one for good old Kenneth when he loses his ridiculous appeal, which is as moot as the costs orders you can and never will pay. Enjoy your retirement in bankruptcy.

  • “There is no doubt that our new Supreme Court Justice Sheilah Martin would slam Bryan Shaughnessy’s corrupt and secret backroom actions that undermined the public respect for the courts and brought the judicial system into disrepute.’

    Looks like this one slipped by my notice because of distraction. Mr Best NEVER take any judges public speech to heart. They all have skeletons in their closets. I hardly know of any to walks the walk. They shoot off their mouths in public but do the dirty deeds in private just like judge Shaughnessy. Take that from me

    Do you really think any of them would make n unpopular statement in public?

  • I am glad Honorable Madame Justice S. Martin has been appointed.
    It scares me how many current judges dispose of controversy instead of dealing with it.
    I see she was on a Legislative committee as well which to me indicates a commitment to the people and to the state, and hopefully it us the people that come before the State in Her Honors decisions and teachings.

    I am hopeful that with her application information describing what is justice, and law; and how the two should go together, that affirmative action will be done to eradicate those that don’t uphold their oaths to the public, the office, and the crown.
    It is heart breaking for many to have to be subject to injustice, indecency, violated rights, and legal schmoozing over the law so lawyers can get the results they want, the judge gets your case off their desk and out of the courtroom, and you are told to repeat the process instead of dealing with the real, true issues on hand.
    Ontario courts are a revolving door of conflict unresolved because the mandate to have issues dealt with are not occurring when adjournments are encouraged instead of dealing with issues before the court.
    The simple matters are not dealt with which later result in more complicated issues instead of less.
    The Honorable judge; who didn’t ask his court clerk to dial your number Donald, that was provided to the court on the court papers is not reasonable.
    If a call had been made to determine you were not in court because you were out of the country and we’re not served as you were out of the country, a lot of strife could have been avoided, and the real contempt of court the lawyers committed for lying about serving you and having the Secretary perjur herself as well should be addressed by the Supreme Court, CBA, LSUS and CJI but instead they are forcing the onus on you to present your innocence.
    Our justice system is a joke with a small portion of the rotten ones making it worse, with many shielded by the CFSA + bendable clra which is not the intention of the law and legislation but repeated abuse causes many to close their eyes to it…

    • Come on Jenny, do you really expect a judge to put his/her dirty dealings on an application for higher office? Come on

      The only time we will get good judges appointed to office is when we the people get to have a say in their appointment. They should publish the names of those about to be appointed to the judiciary and those about to be promoted for at least 3 months so we the ordinary folk get to make submissions including OBJECTIONS to their appointments. Until then they will not behave better than they do now

      Currently our Prime Minister thinks having an appointment committee made up of all lawyers is going to do a good job appointing judges. Then the Federal Minister declares we “need more female judged” and apparently thinks that is going to make the Bench better. That is so sexists and infantile. Just go over to waterwarcrime.com and let John Carten tell how the females are equally as corrupt as the males.

  • Why hasn’t Mr. Shaughnessy Been charged with the criminal charge of kidnapping and forcible confinement? The other Lawyers should also be charged with being accesories to this crime. In fact ,this whole sordid affair can only be seen as a criminal conspiracy.

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