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