Court decision “An affront to all victims of crime or misconduct.” Appeal filed in Dismissal of Canadian Judicial Council ‘Backroom Bryan’ Shaughnessy review application

Lawyer Paul Slansky filed Best’s appeal

Victims’ Rights advocates mobilizing.

Donald Best has filed an appeal of Justice Keith M. Boswell’s dismissal of Best’s application for a judicial review of a Canadian Judicial Counsel decision.

Mr. Best had complained to the Canadian Judicial Council alleging serious misconduct by Justice J. Bryan Shaughnessy during a 2013 hearing where Best had asked Justice Shaughnessy to set aside his 2010 conviction obtained in absentia (in Best’s absence) for contempt of court in a ‘trial’ that Best had not be informed of and therefore did not attend.

Best had been convicted in 2010 in his absence upon the provably fabricated evidence, deliberate written and oral lies placed before the court by corrupt Toronto lawyers Lorne Silver and Gerald L. Ranking of the Cassels Brock and Fasken law firms.

Justice Shaughnessy’s misconduct on May 3, 2013 is described by former Commissioner of the Ontario Provincial Police Julian Fantino in a sworn affidavit:

  • “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.” (Summary of Fantino’s bombshell affidavit and full copy here.)

Best complained about Justice Shaughnessy’s misconduct to the Canadian Judicial Council, but CJC lawyer Norman Sabourin summarily dismissed Best’s complaint without an investigation, without examining court records and without interviewing Best or any witnesses. Best then filed an application with the Federal Court of Canada for a Judicial Review of Sabourin’s decision.

After a two day hearing on November 20 and 21, 2017, Justice Keith M. Boswell dismissed Best’s application and issued his decision and reasons on December 14, 2017.

Best’s lawyer, Paul Slansky, now filed an appeal that can be downloaded and read in full here. (Best Appeal 20180115 pdf 2.3mb)

Victims’ Rights advocates rip into Justice Boswell’s decision

While Mr. Best’s position is that Justice Boswell’s decision was seriously flawed in many areas, victims’ rights groups are focusing on one issue:

Some victims’ rights advocates are mobilized by Justice Boswell’s declaration that the rights of a victim or complainant are not at stake in a criminal trial or complaint of misconduct.

Paragraph 9(e) of lawyer Paul Slansky’s appeal application for Donald Best says the following:

“It would be an affront to all victims of crime or misconduct to say, as the application judge (Justice Boswell) has said, that the rights of the complainant are not at stake in a criminal trial or complaint of misconduct. The finding of wrongdoing and the sanction flowing from such a finding engage the rights of the complainant. While one focus of a criminal trial is the rights of the accused, the right of the complainant, who seeks vindication and sanction for the wrong done to him or her cannot be ignored. The same applies in respect of complaints of misconduct against any professional (lawyer, engineer or judge, etc.).”

The Canadian Judicial Council’s whitewash of Justice Bryan Shaughnessy’s misconduct is not being left unchallenged, and now it appears that Justice Boswell’s written decision has also caused grave concern among victims’ rights advocates.

Although it has been only a few weeks since Justice Boswell released his decision that denigrated victims of crime, several victims’ rights advocates contacted Donald Best expressing interest in his case and the appeal. There is more to come on this development.

Until the justice system and the legal profession strictly adhere to the Rule of Law and adopt modern standards of transparency, independent oversight and external accountability, Canadians cannot truly say that the justice system and courts belong to all of us.

Justice Keith Boswell

Decision of Justice Keith M. Boswell

20171214 Full decision of Justice Boswell here. (.pdf 1.5mb)

Donald Best’s Application to Appeal Boswell Decision

20180111 Best Boswell Appeal Notice (.pdf 2.3mb)

Notice to readers, including Persons and Entities mentoned in articles

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 about 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.

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

Retired RCMP Inspector William Majcher swears affidavit about corrupt Canadian lawyers and judges

Retired RCMP Inspector William Majcher

Affidavit reveals deep-rooted corruption of lawyers and judges in British Columbia, Manitoba and Ontario

In 2002, it was revealed that William Majcher was a deep-cover RCMP police officer working against the dangerous Medellin Drug Cartel by targeting money-laundering operations in Canada.

“The Medellin Cartel, naturally, put out a contract to murder RCMP undercover officer William Majcher.”

For three years Majcher had worked undercover as a Futures and Options Commodity Trader primarily based on the floor of the Winnipeg Commodity Exchange. He took down disgraced Ontario lawyer Simon Rosenfeld and others for drug cartel money laundering, including Mark Valentine of the now-defunct Toronto-based brokerage firm Thomson Kernaghan & Co. Ltd..

Then in 2005, the RCMP removed Inspector Majcher from command of the Vancouver-based Integrated Market Enforcement Teams (IMET) – apparently because he sought nomination as a future candidate for the Conservative party. And because – much worse – in the news media Majcher alleged that the Crown prosecutors would not proceed with criminal charges against several high-profile individuals, and he hoped he could be more effective in politics than he had been in policing.

In other words – in 2005, RCMP Inspector William Majcher alleged corruption in the legal system and the system turned on him like a pack of wolves. What a surprise!

Flash forward to July 19, 2017 and William Majcher swore an affidavit in the Supreme Court of Canada civil case: Angleland Holdings Inc., Nederland Holdings Inc., John English, Paradise Beach Resorts Inc. and Pacific Rim resort vs Gergory N. Harney Law Corporation et al.

Every Canadian should read William Majcher’s affidavit and carefully consider the implications of what happens when the legal profession and justice system are allowed to police themselves with zero independent oversight and zero external accountability.

“During the course of my employment with the RCMP while working undercover or in handling criminal informants, I became tasked with knowlege and evidence of payoffs, bribery and case fixing that included judges, lawyers and court registry staff in various parts of Canada.”

If you read nothing else today, download and read William Majcher’s affidavit (720kb pdf)

Then read the case of the John English family – that Majcher swore his affidavit in support of.

Our justice system is self-destructing before our eyes because too many lawyers, judges and elected / appointed government officials place their profession, friends, cartels and profits before the rule of law.

Notice to readers, including Persons and Entities mentoned in articles

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 about 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.

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

News media censorship of Julian Fantino’s Canadian Judicial Council intervention crumbles as Toronto Star publishes bombshell article

Former top-cop details evidence of corrupt acts by lawyers, police, judge

Four years after the Toronto Star first refused to cover the Donald Best story and deleted all mention of the name from the comments section of their website, the newspaper about-faced and published an article about former Ontario Provincial Police Commissioner Julian Fantino applying to intervene in Best’s judicial review about the Canadian Judicial Council and Justice J. Bryan Shaughnessy.

The Toronto Star article opens with the following bombshell statement:

“Former Conservative cabinet minister and provincial police commissioner Julian Fantino has accused a Canadian judge, lawyers and several police forces of acting improperly and even illegally in the conviction and jailing of a man for contempt of court.”

After the Toronto Star published first, the National Post, the Globe and Mail and a host of smaller outlets carried the same Colin Perkel Canadian Press story of corrupt acts by police, lawyers and a judge. (Toronto Star: Ex-federal cabinet minister Julian Fantino takes aim at judge, cops, lawyers)

Yes, Colin Perkel’s article contains important errors and omissions (some of which I correct below) and no link is provided to an actual copy of Fantino’s affidavit (pdf 8.7mb), but at least readers are now aware of an important story that was concealed from them.

The big story is that the after years of participating in a cover-up, the news media is finally acknowledging that this story is not going away, that it is important and that the supporting facts and evidence are as credible as they are disturbing.

In short, it seems likely that the Canadian news media came to the conclusion that the press could no longer withhold the Donald Best story from the public without further loss of credibility and relevance. It took the news media three months to mention Fantino’s September 28, 2017 sworn affidavit. Even then the media did not name any of the principal subjects in this story of corruption with the exception of Justice J. Bryan Shaughnessy whose name is on the official style of cause filed at court.

I’ll fix that naming omission in a moment, but first I want to address just a few of the important errors and omissions in Perkel’s article:

  • Contrary to the article’s statement that Justice Shaughnessy found me guilty of contempt of court in 2013, Shaughnessy found me guilty on January 15, 2010 at a civil court hearing that I was not told about and was not present for. Nobody represented me at the hearing. I was in Asia at the time.
  • Justice Shaughnessy convicted me based upon several lawyers’ provably false testimony – and also upon a deceitful affidavit by an ‘expert witness’ who concealed from the court that he was a serving Ontario Provincial Police detective sergeant corruptly taking bribes from the lawyers to provide them with access to confidential police information.
  • The lawyers falsely told Justice Shaughnessy in writing and orally on the court record that during a November 17, 2009 phone call with them, I had ‘confessed’ to receiving a certain court order. In fact I said exactly the opposite, that I had not received the order – but the corrupt lawyers lied to the judge. Too bad for the lawyers that I have recordings of the call that prove they lied to the judge.
  • I returned to Canada and applied to Justice Shaughnessy to remove my conviction and sentence. I presented forensically certified telephone recordings, transcripts and other credible evidence that proved the lawyers lied to the court to obtain my conviction.
  • At a hearing in May of 2013, Justice Shaughnessy refused to consider any new evidence showing my innocence. He did not listen to the recordings. He also refused to allow me to cross-examine the witnesses (lawyers and corrupt police) upon whose false evidence he had convicted and sentenced me in January 2010 while I was in Asia.
  • On May 3, 2013 Justice Shaughnessy refused to overturn my 2010 conviction for Contempt of Court and sent me to prison to serve the 3 month sentence he had already imposed in 2010.
  • After court ended on May 3, 2013, Justice Shaughnessy went to a backroom and there, off the court record and without a hearing, trial or transcript, secretly increased my prison sentence by 50% without notifying me. He secretly created a new warrant of committal with increased jail time that he gave only to the prison authorities. He did not file the new secret warrant with the courts or make mention of it anywhere in the records.
  • Later, higher courts denied me the right to appeal my conviction because I could not pay hundreds of thousands of dollars in court costs earlier awarded to the other side on the basis of their provably fabricated and false evidence.
  • I was not even allowed to cross-examine the lawyers and other witnesses that Shaughnessy relied upon to convict and imprison me. I was not allowed to cross-examine the corrupt Ontario Provincial Police officer. To this day, no court has listened to the forensically certified voice recordings of my telephone call with the lawyers that prove the lawyers lied to the court to convict and imprison me.
  • Every judgment of every reviewing court considered only the evidence that Justice Shaughnessy allowed. Every judgment of every reviewing court is tainted by the fact that Justice Shaughnessy and all the reviewing courts deliberately excluded the evidence that exonerated me. 
  • When I could not pay hundreds of thousands of dollars in previous court costs, the court refused to hear my appeal. I served 63 days in prison because I could not pay court costs awarded during a civil matter; with every minute spent in solitary confinement as I am a former police officer. Prison authorities said that solitary was the only place where they could keep a former police officer alive.

This is also the true story of how, when confronted with forensically certified telephone recordings and other irrefutable evidence proving that lawyers fabricated evidence and lied to the court to convict a person of contempt – the Canadian legal profession and courts closed ranks to save the corrupt lawyers, even when that meant sending an innocent man to prison.

The People behind the Corruption

Here are the names referred to in Fantino’s affidavits, the supporting exhibits and the underlying case filings:

Corrupt Ontario lawyers Sebastien Kwidzinski, Gerald Ranking & Lorne Silver lied to the courts.

Lorne S. Silver – Corrupt lawyer with the Toronto office of Cassels Brock & Blackwll LLP law firm. Fabricated false ‘Statement for the Record’ on November 17, 2009. Falsely informed Justice Shaughnessy that Donald Best had ‘confessed’ during a phone call to receiving a court order. Conspired with Justice J. Bryan Shaughnessy and Gerald L. Ranking to backdate a court order ten full days. Admitted to putting Donald Best in prison to extort evidence and settlement in a different legal case filed in another jurisdiction – Florida.

Gerald L. Ranking – Corrupt lawyer with the Toronto office of Fasken Martineau DuMoulin LLP law firm. Fabricated false ‘Statement for the Record’ on November 17, 2009. Falsely informed Justice Shaughnessy that Donald Best had ‘confessed’ during a phone call to receiving a court order. Lied to the court about serving court documents upon Donald Best. Conspired with Justice J. Bryan Shaughnessy and Lorne Silver to backdate a court order ten full days. Fraudulently filed court papers for, and claimed to represent, a purported client that he knew was actually a fraudulent non-existent business entity. Received a million dollars in court costs for this non-existent entity – which money was undoubtedly laundered into a bank account that was not in the name of his phony purported client. Unlawfully hired and gave money to Jim Van Allen, a corrupt Ontario Provincial Police (OPP) officer, for illegal access to confidential police information. Directed Kwidzinski and Van Allen in crafting Van Allen’s deceptive affidavit. Admitted to putting Donald Best in prison to extort evidence and settlement in a different legal case filed in another jurisdiction – Florida.

Sebastien Kwidzinski – Previously junior lawyer with the Toronto office of Fasken Martineau DuMoulin LLP law firm. Now a corporate lawyer with Foresters Financial. Watched as corrupt lawyers Lorne S. Silver and Gerald L. Ranking fabricated false ‘Statement for the Record’ on November 17, 2009, said nothing when they placed the false evidence before the court to convict an innocent man. With Ranking, illegally hired corrupt Ontario Provincial Police officer Jim Van Allen to access confidential police data. Assisted Ranking and Van Allen in crafting Van Allen’s deceptive affidavit.

Corrupt OPP Detective Jim Van Allen (left) illegally made some cash on the side during the hunt for serial rapist / murderer Russell Williams

Detective Sergeant James ‘Jim’ Arthur Van Allen (OPP, now retired) Worked illegally ‘on the side’ as an unlicensed private investigator. Illegally took money from Ranking, Kwidzinski, Fasken law firm to provide confidential police information for use in a private civil action. Swore a deceptive affidavit that was used by Justice Shaughnessy to convict Donald Best of contempt of court. Surprisingly issued invoices to Ranking / Fasken Law Firm detailing his illegal activities. The invoices are filed as exhibits in the Donald Best case.

Former OPP Commissioner Julian Fantino swore in his affidavit:

  • “From my examination of the evidence that is already filed in court and was easily available to the courts and the CJC had they examined it, it is reasonable to conclude that OPP Detective Sergeant Jim Van Allen’s inappropriate employment as a private investigator, his access to confidential information and the distribution of the same, and the very creation of his affidavit in order to benefit private parties in a civil lawsuit, represents a flagrant violation of various Provincial and Federal laws including the Police Services Act, the Private Security and Investigative Services Act, the Criminal Code and the Freedom of Information Act.
  • “In no small way, Detective Sergeant Jim Van Allen violated his oath of office.”
  • “Detective Sergeant Van Allen’s conduct and behavior in relation to this case occurred while I was OPP Commissioner. Had I known about it at the time, I would have immediately ordered an investigation to gather all evidence to determine the details, extent and duration of his activities with a view to possible provincial and/or criminal charges against Van Allen and, potentially, charges against other involved persons.”
  • “I notice that Van Allen’s two redacted invoices are numbers 11 and 12 for the year 2009, which to me raises serious questions about how many other illegal investigations he had performed and which lawyer clients might have retained him previously. Had I known of his transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct.

Lawyer Andrew Roman and his client Iain Deane (right)

Andrew Roman – formerly senior partner with Toronto office of Miller Thomson LLP law firm. Sent threatening letter to directly to witness in controvention of Florida laws. Delivered legally privileged documents to his client Iain Deane and suggested they be published on website known for threats and harassment against Donald Best’s witnesses. Engaged in cover-up of anonymous threats to witnesses proven to have originated from Miller Thomson LLP’s Toronto office. Knew that co-counsel Ranking and Silver placed false evidence before the court but remained silent.

Surrounded by Law Society Benchers, newly elected Treasurer, Paul B. Schabas (centre), chairs his first meeting.

Paul SchabasBlake, Cassels & Graydon LLP lawyer defending lawsuit launched by Donald Best’s company. Member of the famed ‘Bay Street Boys Club’ and Treasurer of the Law Society of Ontario. Engaged in cover-up of anonymous threats to witnesses proven to have originated from Miller Thomson LLP’s Toronto computer network. Covered-up Andrew Roman’s illegal threatening letter to a witness. Knew and covered-up that co-counsel Ranking and Silver fabricated false evidence and that they lied to the court. Complaints to the law society about Schabas were whitewashed with no investigation and no independent review.

Justice Shaughnessy (r) & his lawyer, Law Society of Ontario bencher Peter Wardle

Justice J. Bryan Shaughnessy – Justice of the Superior Court of Ontario. Former Regional Senior Judge for the Central East Region. On November 12, 2009, Shaughnessy backdated a court order ten full days to November 2, 2009, immediately placing Donald Best into contempt of court for failing to deliver business documents on November 10th – three days before Shaughnessy actually made the order. In January 2010, convicted Donald Best of Contempt of Court for, among other things, failing to deliver documents on November 10th – three days before Shaughnessy’s order to deliver the documents existed.

On May 3, 2013, after court ended Justice Shaughnessy went to a backroom and there, off the court record and without a hearing, trial or transcript, secretly increased Best’s prison sentence by 50% without notifying Best, who was unrepresented by a lawyer. Shaughnessy secretly created a new warrant of committal with increased jail time that he gave only to the prison authorities. He did not file the new secret warrant with the courts or make mention of it anywhere in the records.

Numerous other incidents of judicial misconduct as laid out in Donald Best’s complaints to the Canadian Judicial Council.

CJC Executive Director Norman Sabourin summarily dismissed Best’s complaint without an investigation and without providing reasons.

Norman Sabourin – Executive Director of the Canadian Judicial Council, summarily dismissed a complaint against Justice J. Bryan Shaughnessy by former Toronto Police Sergeant (Detective) Donald Best, without an investigation and in the face of irrefutable evidence that the judge went to a back room after court ended, and – off the court record – illegally made a secret new court order increasing the Best’s sentence by a month. Under Mr. Sabourin’s hand, the CJC regularly whitewashes complaints against judges and remains an organization with no transparency, independent oversight or public accountability. Mr. Sabourin acts as ‘gate-keeper’ to dismiss complaints without investigation – without so much as looking at the court file or reading a transcript showing the judge’s comments or actions.

Notice to readers, including Persons and Entities mentoned in articles

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 about 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.

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

 

Justice Keith M. Boswell dismisses Judicial Review of Canadian Judicial Council’s ‘Backroom Bryan’ Shaughnessy decision

Former President of the Progressive Conservative Association of PEI, card carrying Conservative for 30 years and current Federal Justice, Keith M. Boswell

Appeal of Boswell’s decision will cite gross errors.

by Donald Best, former Sergeant, Detective, Toronto Police

Justice Keith M. Boswell dismissed my application for a Judicial Review of the Canadian Judicial Council’s decision about my complaint against Justice J. Bryan Shaughnessy. Justice Boswell also awarded costs against me to the tune of $30,000. He orders that I must pay Justice Shaughnessy and the Attorney General of Canada $15,000 each within 30 days. (See full decision below.)

One business day before the start of the Monday, November 20, 2017 hearing Justice Boswell also announced that he would not accept evidence from former Commissioner of the Ontario Provincial Police Julian Fantino – notwithstanding Fantino’s stunning evidence of criminal and / or other offences by lawyers, police and Justice J. Bryan Shaughnessy.

Justice Boswell then elected to go ahead with the judicial review application hearing notwithstanding that Julian Fantino had appealed the court’s rejection of his application to intervene in the judicial review hearing.

Other than stating that Justice Boswell’s decision contains gross errors and that I will be appealing, I will not be commenting further on Justice Boswell’s decision and reasons at this time.

Readers are, however, able to discuss Boswell’s decision and whatever else their hearts desire in the comments section.

About Justice Keith M. Boswell

Mr. Justice Keith M. Boswell was appointed to the Federal Court as announced on about June 15, 2014 by then Attorney General Peter MacKay of the Harper Conservative government.

According to the Prince Edward Island Guardian Newspaper, Keith Boswell was a practicing insurance lawyer with the large Stewart McKelvey law firm.

“At the time of his appointment to the Federal Court, Keith Boswell had been a card-carrying Conservative for nearly three decades and past president of the Progressive Conservative Association of P.E.I.” … PEI Guardian Newspaper

Full Decision of Justice Keith M. Boswell

The full decision of Justice Boswell can be downloaded here. (.pdf 1.5mb)

Notice to readers, including Persons and Entities mentoned in articles

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.

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

Distinguished law professor Dr. Julie Macfarlane: Canadian Judicial Council “little credibility, lacks transparency, disconnected from the public…”

CJC Executive Director Norman Sabourin summarily dismisses several hundred complaints each year without an investigation or inteviewing the complainant and without providing any reasons.

I couldn’t agree more with the Director of the National Self-Represented Litigants Project Dr. Julie Macfarlane’s assessment in her End of the Year blog: The State of A2J in Canada

“The tortuous debate over the removal of Robin Camp highlights the disconnect between the Canadian Judicial Council – which has sole statutory responsibility for holding judges accountable – and the public. The CJC continues to operate a complaints system that has little credibility, and lacks transparency (the sum total of the 2016/17 Annual Report posted on its website is 3 pages long). NSRLP would be delighted to work on designing a fair, transparent, 21st century system to process and evaluate complaints against judges, one that protects both the interests of the public and the independence of the judiciary (especially if we received a fraction of the CJC’s annual $1.5 million budget).” Dr. Julie Macfarlane, NSRLP

Dr. Julie Macfarlane

Although the Canadian Judicial Council publishes recommendations for judges on how to deal with self-represented litigants, the CJC itself implements NONE of its own recommendations in dealing with unrepresented or self-represented Canadians who complain about judges.

The Canadian Judicial Council typically whitewashes and defuses complaints against judges in any way it can. Its process and outcomes are so corrupted and predictable that it serves little purpose for Canadians to complain about a judge – no matter how egregious the judicial misconduct.

Donald Best
Barrie, Ontario, Canada

 

 

Jimi Hendrix, the Dorsey Brothers and the Julian Fantino marijuana controversy

Career police officer and tough-on-crime politician Julian Fantino is the primary target of a Guardian U.K. article about retired senior police officers who now work with marijuana companies profiting from Canada’s legalization of the drug.

The article by The Guardian’s Toronto-based journalist Ashifa Kassam is a fair but short and therefore limited tale of the frustration of long-time marijuana legalization activists who see former police officers and large corporations capitalizing from their work while the activists are barred from the industry. Activists/dealers interviewed in that article and now facing criminal charges include Jodie and Marc Emery.

Left unsaid and uncovered in the article is why so many marijuana corporations hire former senior cops: because the corporations must convince both government and investors that organized crime and criminals are not part of their operations. Former senior police officers have the necessary skills and knowledge to keep organized crime from the industry.

I understand the injustice, real and perceived, and hope that Jodie and Marc Emery are spared a criminal record that would bar them from the industry – provided they now comply with the coming new legal standards.

Precedent for dropping Criminal Charges when law changes

There is, after all, precedent for dropping criminal charges against persons who committed ‘crimes’ when the law was about to change and decriminalize their activities. Abortionist Dr. Henry Morgantaler comes to mind as the Toronto Police actually protected Morgantaler’s operations during a period when abortion still criminally illegal but the government had announced that it was going to change the law.

Back to the marijuana issue; as Julian Fantino constantly tells the news media, he and his company have always engaged in lawful activities and as a police officer he didn’t make the laws; only enforced them without fear or favour according to the Rule of Law. We can’t have it any other way or we end up with despot police, prosecutors and judges who enforce or ignore laws according to class, tribe or payment of bribes.

Like it or not, Fantino and his fellow senior police officers obeyed the law in the past and have the skills that the industry needs now. But somehow, if seems just and fair that ordinary Canadians of otherwise good character and record should also have an opportunity in the new legalized marijuana industry.

Jimi Hendrix, the Dorsey Brothers and Marijuana

Times change and so do people. At fourteen years old I attended the May 3, 1969 Jimi Hendrix concert at Maple Leaf Gardens in Toronto. My mother, who had played piano with the Dorsey Brothers way back when and recognized musical talent, surprised me with a ticket to see Hendrix. My father was speechless but allowed me to go. After all, he knew that mom as a musician had been arrested for being underage in a bar in Chicago. (Much to their horror, Tommy and Jimmy Dorsey learned from the Chicago Police that ‘Maddy’ their piano player and my future mom, was only 15 years old and not 21 as she had claimed. That was go-to-jail-for-ten-years stuff back then.)

So I went to the Hendrix concert and while there, I may have heard rumours about some people inhaling second-hand marijuana smoke. In fact, I may have inhaled some second-hand marijuana smoke myself. Or maybe not so second-hand.

And I sure lied about it six years later during my employment interview with the Metropolitan Toronto Police Force.

Which is all to say that as the rules and laws change, we should take care to differentiate between evil criminals who harm people and ordinary Canadians who may have been a little naughty or even deliberately violated laws ahead of societal changes.

You can read more about Julian Fantino and the story that the Canadian news media won’t cover: Canadian News Media swarms Julian Fantino over marijuana business – Ignores Fantino’s sworn evidence of corrupt police, lawyers, judge.

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.

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

 

Why Ontario Justice of the Peace Paul Welsh should be sent to prison.

Ontario Justice of the Peace Paul Welsh

  • Another Ontario Judge goes rogue, ignores law, imprisons innocent man.
  • Suggested disipline includes “Training on Integrity”
  • Was previously convicted of Criminal Charge of Obstruct Justice in 2009

On December 5, 2017, the Ontario Justices of the Peace Review Council found that Justice of the Peace Paul Welsh committed judicial misconduct.

Terrible misconduct…

His Worship Justice of the Peace Welsh put an innocent man into prison:

On October 16, 2013, while presiding in criminal court, His Worship showed a wilful disregard for the law and for the rights of the accused by unilaterally changing the return date on a court matter without taking steps to notify the accused, counsel of record, or the Crown of the new return date. His Worship’s actions resulted in the issuance and execution of a bench warrant and deprived the accused of his liberty. (Ontario Judicial Council website)

His Worship’s lawyer, Mr. Eugene Bhattacharya, presented “31 letters from lawyers, two judges and a justice of the peace attesting to his (Welsh’s) character and contribution to the justice system” and suggested a “combination of dispositions would be appropriate including an apology, training on independence and integrity and a suspension with pay for a period between 14 and 30 days.”

The prosecution asked for little more than the defence: an apology to the wrongly imprisoned man, education on how to manage a busy courtroom and suspension for a few weeks without pay.

The proposed ‘dispositions’ are so far divorced from the expectations of ordinary Canadians that once again we are shown that the elites running our justice system either have zero realization about how lack of judicial accountability undermines public confidence in the courts – or they know and contemptuously don’t care.

Justice of the Peace Paul Welsh went rogue, willfully ignored the law and imprisoned an innocent man.

Previously in another case Welsh pleaded guilty to Criminal Obstruction of Justice, received an absolute discharge and was allowed to continue on the bench despite his corrupt actions.

To say that he should now have “training on integrity” is a sick joke. Welsh deserves to see the inside of a prison cell for putting an innocent man in jail.

What was his motivation for this latest misconduct? Was he angry at the litigant or his lawyer? Was he on drugs or drunk? Is he evil or powerdrunk? Did he do it for his own sick amusement?

What motivates a trained and experienced judge or justice of the peace to commit such egregious wrongdoing?

The exclusive club that is the self-regulating legal profession isn’t telling the Canadian public why Welsh did what he did – because the justice system exists for the benefit of the profession, not for ordinary Canadians. Judges at all levels are only accountable to fellow members of ‘the club’.

If this were an isolated incident by one judge, there might be an argument that simply firing Welsh would suffice. But talk to any lawyer or self-represented litigant and you’ll discover that all too often, and with increasing frequency, Ontario judges are ignoring the law and operating outside of the rules with impunity – because they can, and especially when it comes to self-represented persons.

Any disciplinary action against Welsh should take general deterence into consideration. The situation is that bad.

While the vast majority of rogue behaviour by judges involves lesser acts than imprisoning innocent people, a widespread court bias against unrepresented persons destroys lives, assets and families. Judges who ignore the rules and the rule of law should be held accountable.

Whatever Paul Welsh’s motivation for imprisoning an innocent man, there is no excuse for such a serious event. A precedent of requiring an apology and a short suspension does nothing more than licence this serious misconduct for the next rogue judge.

His Worship Paul Welsh should be fired, and should have to serve the same amount of time in prison as did the illegally jailed innocent man.

That goes for any judge who knowingly jails an innocent person. The fact that no imprisonment penalty for gross judicial misconduct exists in the disciplinary rules only underscores how the system is set up to prevent accountability of rogue judges.

As it is, the laughable penalty submissions of both Paul Welsh’s lawyer and the prosecution bring the administration of justice into disrepute and further undermine confidence in the Canadian justice system.

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

Court staff deletes Justice Shaughnessy’s name from list of parties – public can’t locate courtroom

Open Courts Principle abused

At least three members of the public report that they attended at the Federal Court in Toronto but were unable to find the courtroom where my judicial review against the Canadian Judicial Council was being held. Even the front desk and security staff were unable to direct them to the courtroom – so they went home after being falsely informed that no such trial was taking place in the building that day.

This happened because Federal Court staff deleted the name of Justice J. Bryan Shaughnessy from the list of parties and cases used to direct persons to the various courtrooms.

Justice Shaughnessy’s name appeared as an involved party on the list at all prior motion dates – but disappeared from the list at the main event, the Judicial Review itself. Neither did the words ‘Canadian Judicial Council’ or ‘CJC’ appear on the public list. This action – whether deliberate or accidental – violated the ‘Open Courts Principle’. (see Wikipedia and CCLN)

Over the two days about a dozen members of the public, all strangers to me, did manage to find the courtroom on the 7th floor and attended to listen to the proceedings and/or to wish me well. Some of the persons attending on the first day, Monday November 20, 2017, found the courtroom by going to every floor in the building and asking each security guard about the case. They then posted the location on Facebook for others to find.

This is incredible: in a case that is ultimately focused upon the disgusting actions of Justice Shaughnessy violating the Open Courts Principle by his secret backroom actions, members of the public were prevented from attending at the Judicial Review because Federal Court staff deleted Justice Shaughnessy’s name from the daily courtroom listings.

Julian Fantino intervention blocked

Another interesting happening in relation to this Judicial Review is that Julian Fantino, former Commissioner of the Ontario Provincial Police, applied to intervene in the case – filing an application and supporting affidavit sworn September 28, 2017. On October 25, 2017, Prothonotary Mandy Aylen rejected Fantino’s application.

Fantino then filed an appeal of the rejection, to be heard on November 20, 2017 prior to the Judicial Review – however on Thursday afternoon, November 16, 2017, effectively one day prior to the court date, Justice Keith M. Boswell issued an order that Mr. Fantino’s appeal would not be heard and would be scheduled for General Sittings. But – the Judicial Review would go ahead anyway without Mr. Fantino’s intervention or waiting for another court to hear his appeal.

This is puzzling to an ordinary person like myself who always thought that when something is appealed by anyone, the main case is put on hold until the appeal is heard. Perhaps one of my readers with a legal background can explain this as Justice Boswell issued no reasons to accompany his decision.

Judicial Review finished – Decision to come

The Judicial Review was heard over two days, Monday – Tuesday November 20-21, 2017. My lawyer Paul Slansky took the first day to state my case that, among other issues, the court should send the Shaughnessy complaint back to the Canadian Judicial Council with instructions to do their job properly according to the laws that govern the CJC. On Tuesday, Mr. Peter Wardle (representing Justice Shaughnessy) and Mr. Victor Paolone (Attorney General of Canada) made their presentations trying to defend the indefensible actions of Justice J. Bryan Shaughnessy.

At the end of Paul Slansky’s reply comments on Tuesday, Justice Boswell said he will be issuing his decision later.

My sincere thanks to everyone who came out to show support and to monitor and report on the proceedings.

Donald Best
November 22, 2017
Barrie, Ontario

 

 

 

Canadian news media swarms Julian Fantino over marijuana business – ignores Fantino’s sworn evidence of corrupt police, lawyers, judge.

Canadian News Media Censorship is now the Story

Last week former Commissioner of the Ontario Provincial Police Julian Fantino opened the Vaughan office of Aleafia – a company dedicated to treating patients with medical marijuana. The media tsunami struck the next day with many articles in both the mainstream and alternative news discussing how a former Chief of Police and anti-drug crusader could now be an advocate for medical marijuana.

Journalist Michael Coren

On Wednesday morning I listened to Toronto AM1010 Talk Radio with Michael Coren and a number of other high-profile people. Mr. Coren said that although he likes Julian Fantino and always has, he found this latest career change to be hypocritical.

In response, two other panel members said that as Minister of Veteran Affairs, Fantino saw the benefits of pot in assisting soldiers to deal with anxiety, sleep disorders and PTSD. There is no better advocate for change, they argued, than someone who has themselves come to new realizations.

Fantino’s marijuana business dominated the news for about two days and then dropped off as is natural. It was news in the first place because of Fantino’s high public profile as a long serving and senior law enforcement officer and former cabinet minister in the Harper government.

Justice Shaughnessy (r) & his lawyer, Peter Wardle

A much bigger Julian Fantino story not covered by Canadian media

Donald Best, The Attorney General of Canada and Mr. Justice J. Bryan Shaughnessy

What was not in the news though, is that just a few weeks ago on October 25, 2017 former OPP Commissioner Julian Fantino swore and filed an explosive affidavit in the judicial review of a Canadian Judicial Council decision currently before the courts.

In the case of Donald Best, The Attorney General of Canada and Mr. Justice J. Bryan Shaughnessy, Mr. Fantino’s affidavit names names and details evidence of corruption, law breaking and even criminal offences by police, lawyers and a judge.

The sworn evidence of a former OPP Commissioner alleging police and legal system corruption, naming names and calling for criminal investigations, is totally unprecedented in Canadian history – but not one Canadian news media outlet covered the story although they all know about it.

Over the last three years I have personally spoken with a few dozen professional journalists from just about any major Canadian news organization that you can name: CBC, Toronto Star, CTV, Globe and Mail, PostMedia, iHeart Radio.

All were excited about my story until they found that it couldn’t make it past their editors. Several told me that there is an ‘editor’s kill’ on my story because several of the involved lawyers are high profile Bay Street law firm partners – who provably fabricated evidence and lied to the courts to convict and imprison me, Donald Best, during a private prosecution for Contempt of Court during a civil case costs hearing.

Now that former OPP Commissioner Fantino has examined all the evidence and totally vindicated me, the mainstream Canadian news media are still concealing the corrupt actions of several lawyers, police and a judge. And yes, the Canadian news media outlets know about and have downloaded copies of Mr. Fantino’s sworn affidavit.

The story is now about the Canadian mainstream news media concealing proven criminal misconduct by corrupt and powerful people and entities – in total opposition to the news media’s duty to the public trust.

And that my friends is a much more disturbing and important story than the misconduct of a crooked cop and a handful of rogue lawyers and a judge.

Read a summary of Julian Fantino’s affidavit, and download the full affidavit if you desire:

Court denies former Ontario Provincial Police Commissioner Julian Fantino intervention in judicial review of CJC

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.

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

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