Category: Judicial Misconduct

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 [email protected] 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 [email protected] 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 [email protected] 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 [email protected] 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

Somebody is worried about CJC Judicial Review on Monday November 20, 2017

It’s so nice to know that people care… and that some are obviously having trouble sleeping these days wondering when the story will break mainstream.

Thanks for the encouragement, because website visits from various law firms, government agencies and people like you who are upset about my telling the truth on the internet are highly motivating.

And as I’ve said in the FAQ section, ordinary people understand exactly what it means when I publicly name lawyers as “corrupt” and “liars” and the lawyers do not sue me.

You and your corrupt colleagues lost the moment you jailed me on provably false evidence.

Judicial Review scheduled for Monday November 20, 2017 9:30am

Federal Court: 180 Queen Street West, Toronto, Ontario.

Comparing two Canadian Judges: ‘Knees Together Robin Camp’ vs ‘Backroom Bryan Shaughnessy’

Justices ‘Knees Together’ Robin Camp (left) and ‘Backroom Bryan’ Shaughnessy

Which judge committed the most egregious offense?

Former Canadian Federal Court judge Robin ‘Knees Together’ Camp has applied to be reinstated as a lawyer in Alberta. The hearing will be held next week on Tuesday, November 14, 2017.

Mr. Camp resigned from the Federal Court in March 2017 after the Canadian Judicial Council found that his conduct was ‘manifestly and profoundly destructive of the concept of impartiality’. This was the end result of a 2014 trial where Camp asked a rape complainant why she didn’t keep her knees together and lower her bottom into a sink to avoid being penetrated.

Camp also lectured the ‘accused’ (oops… he was referring to the victim!) that “sex and pain sometimes go together, that — that’s not necessarily a bad thing” and that her attempts to fight off the rapist were feeble.

Such attitudes might be common in places like Saudi Arabia, but are unforgiveable here in Canada. The minute he uttered the words, Judge Camp’s future on the bench was sealed although it took a few years for events to play out.

During that trial Judge Camp acquitted the accused Alexandar Wagar – who now faces seven new criminal charges including assaulting and choking in entirely unrelated events.

To no avail Camp attempted to avoid being fired by taking courses in how not to blame women for being raped – but in the end his record undermined any possible confidence in his ability to be a judge.

Fair enough.

Should Robin Camp be allowed to practice as a lawyer?

It is interesting to note that many news articles about Camp mention that he is originally from South Africa. This mention of someone’s origin is unusual for the Canadian news media that normally goes to great lengths to discount an accused’s national origin and culture as irrelevant to acts committed in Canada – except that in this case Justice Camp himself blamed his South African background and 20 years practicing law there for his ‘deeply-rooted’ bias and outrageous conduct.

Whatever the origin of Mr. Camp’s attitudes and beliefs, no doubt he has by this time received the message that such standards don’t wash here. Humbled and humiliated, he has now applied to resume his law practice in Alberta.

Should he be reinstated as a lawyer? Sure. Mr. Camp is probably a capable enough lawyer and is no longer in a position of authority over victims who happen to be women. It is also reasonable to assume that he will be exceedingly cautious about his words and actions in the future.

In a time that embraces (sometimes overly so) the concepts of redemption and forgiveness, what reasonable person could oppose reinstating Robin Camp as a lawyer? Certainly Ontario’s law society that openly licenses convicted child molesters can hardly complain about Mr. Camp resuming his law practice.

At least Justice Camp’s outrageous statements were done in public on the court record – and were therefore open to discovery, scrutiny and censure. 

Backroom Bryan Shaughnessy

Contrast Robin Camp’s actions with the misconduct of Justice J. Bryan Shaughnessy of the Ontario Superior Court.

Former OPP boss Julian Fantino

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. The judge knew that he could get away with this abuse because the prisoner didn’t have a lawyer and was incapable of appealing an increased sentence from prison. Further Best might not even be told by prison authorities about his increased sentence for weeks or months.

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.

Outrage vs. Cover-up

Why did Robin Camp’s misconduct receive so much condemnation and public attention from government and the news media, while Bryan Shaughnessy’s more sinister and unlawful misconduct is ignored by the press and (at least initially) was defended by both Federal and Ontario Attorneys General?

In the case of Justice Robin ‘knees together’ Camp, Alberta Attorney General Kathleen Ganley ordered the Canadian Judicial Council to hold an inquiry – which was only the eleventh inquiry in the 45 year history of the CJC.

In the case of ‘Backroom Bryan’ Shaughnessy, however, the Attorney General of Ontario initially acted as defense lawyer for the judge in a judicial review application brought by Donald Best.

So too the Attorney General of Canada initially sided with Justice Shaughnessy in the motions leading up to the Judicial Review. Ontario’s Law Society made no public comment on the case or about Justice Shaughnessy’s misconduct, but senior bencher of the Law Society Peter Wardle eventually took over as the judge’s defense lawyer when Ontario’s Attorney General withdrew from the role.

“It is not the rogue acts of a handful of judges that undermine our justice system, it is the cover-ups that do the most damage to the public’s trust and confidence in our courts.”

The news media is the same story: reporters swarmed the ‘Knees together’ inquiry which drew international attention. Camp is still in the news with his application to return to practicing law in Alberta.

With Shaughnessy’s misconduct, however, several journalists inform me that the news media issued an ‘editor’s kill’ on the story – perhaps because of libel chill or due to the powerful influence of the Ontario legal profession’s ‘Bay Street Club’.

Even a recent sworn affidavit by Julian Fantino, former federal cabinet minister and former Commissioner of the Ontario Provincial Police, is being suppressed in the mainstream news media – despite the fact that Fantino names names and presents credible, professional evidence of disturbing misconduct by police, lawyers and Justice Shaughnessy.

Perhaps it boils down to this…

Judges who take drugs, pat their secretary’s bottom, get caught shoplifting or drunk driving are easy to deal with. Camp falls into this category with his outrageous ‘knees together’ comments.

More difficult for society and those who administer our justice system is when judges go rogue and totally misuse their power and authority. This is when the Canadian Judicial Council and the entire legal profession back away – because to deal openly with culprits like Bryan Shaughnessy is to admit that such abuses happen. Exposure and discussion of this, the profession believes, undermines public confidence in the entire justice system.

And so they cover-up – but they are wrong to do so.

It is not the rogue acts of a handful of judges that undermine our justice system, it is the cover-ups that do the most damage to the public’s trust and confidence in our courts.

Everyone understands human weaknesses for sex, drugs, booze – but when judges conspire to obstruct justice and commit criminal offenses in some backroom… well, that’s a tougher nut to acknowledge.

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 [email protected] 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.

Donald Best
Barrie, Ontario, Canada

 

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