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)

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Donald Best
Barrie, Ontario, Canada

15 comments

  • Paul Slansky is a victm of a criminal act as well. The ruling by Justice Susan E. Healey was an extortion tactic to silence Donald Best. The $114000 that Slansky was ruled to pay for costs is extortion to silence and cover up crooked behavior by a rogue judge by rogue lawyers and by a criminal cop. After Mr. Best launched this website and produced all the evidence for the public to read and which the Courts refused to consider this charge of extortion is possible to use. You have the words of Justice Susan E. Healey to use against her. The evidence of Donald Best is irrefutable. The evidence of Donald Best that police have downloaded and read cant be covered up and these rogue individuals cannot be allowed to get off the hook. There is no statutes of limitations on conspiracy and cover up.

    Will the police move on that or will forces behind the scenes stop this?

    These judges work for us. We pay their salaries in our taxes and we demand honesty and integrity and its definitely been lacking in the Donald Best case. When we as tax payers watch this cover up we have the right to take issue and we have the right to demand an investigation. I would hope Mr. Slansky would press criminal charges against this Judge who made him pay the costs. I would. Whats the point of the Durham Regional Police downloading the evidence and letting it sit and collect dust in a file. Inaction is cover up too.

  • We need to form a sensible group to effectively call for immediate removal of judges and other adjudicators who go out of scope to be abusive and those who make foolish decisions such as judge Boswell just did.They are activist in such conduct and are trying to legislate bogus law. They need to be stopped.

    We need to take action, It is time to put the spoke to rogue judges and rogue courts. If government fails to act we can deal with them come the next election then they will take us seriously

    • the world is your stage

      Continual pushing of buttons by posters on Donald Best .CA has caused Judge Keith Boswell and the criminal co conspirators to make fatal errors as Allen observed in the court hearing and now that civil rights advocates have become involved hats off to all you posters and Mr. Best for creating chaos for these rogue manipulators of justice. I hear that this website has created international attention with the spotlight on Canada .

  • Yes, the transcript cost issue is a big problem regarding access, as is the newly privatized “transcript industry” in Ontario, where there has been loss of oversight by the court itself. Private transcript firms are now running rogue and are not responsive to self-represented litigants with low budgets.

    Yes, the paper requirements are absurd and work as a tremendous barrier for ordinary litigants. There needs to be an overhaul and judges must accept to work from PDF documents. Likewise, all public records of litigations should be online and publicly available. There needs to be an actual modern open court, with full transparency. (That would partly compensate for the police-security lock-downs that have been imposed on many courthouses.)

    The OCLA petition for cameras in the courtroom is here:
    http://ocla.ca/ocla-petition-allow-cameras-in-ontarios-courts/

    I would be happy to join a working group to push for these changes. The big law-firm lawyers and judges are certainly not going to do it, they even oppose such measures publicly at times.

  • WOW, that’s all I got!!! Just WOW.

  • Thank you for your on-going (relentless) efforts to expose and correct this nasty affair and its apparent judicial coverup. All Canadians should be thankful for your efforts.

    • Thank you Denis. I now receive two or three emails a day from regular people, for the mostpart just encouraging and letting me know that my work is not going unnoticed. So many Canadians have been abused by the legal profession and the courts that the numbers must run into the hundreds of thousands over the years. Never before has our justice system and Canadians been so far apart.

      • I agree Donald. Please also be aware that the Ontario Civil Liberties Association (ocla.ca) is also both concerned and overwhelmed with this problem of rogue courts in Canada. (The OCLA is separate and distinct from the CCLA.) I’m a researcher with OCLA. OCLA has a campaign to put cameras in the courtroom, and has intervened with letters in many cases of judicial abuse, including mistreatment of self-reps by the Supreme Court of Canada.

        • I was at the hearing before Judge Boswell and he was busy writing down everything the other side’s lawyer said but wrote very little of Mr Slansky’s argument. That concerned me right there and then

          At one point the other side’s lawyer made an argument that startled his own self that when the foolishness escaped his mouth he looked around at us obviously frightened that we were hearing that.: He argued that people have no rights to a judicial review even if their Charter rights have been abused by the court. I am aware of all the tactics used to deny ordinary people their rights in Canada’s courts but I was not prepared for such bald faced open statement like that

          I have long hoped for camera;s in the court rooms so I really hope the OCLA will succeed in getting this sooner than later. Even more I am hoping getting court transcript will be recognised as the right it is for the current costs make getting them prohibitive and the result is an access to justice issue for that single-handedly makes it impossible for those abused by judges to file appeals or take any other action to seek redress

          • Well said Allen. The transcript issue is a block to access to justice for ordinary people. I’ve paid thousands for transcripts over the years and for re-printing them for appeals etc.

            In this year 2018 it is absurd and abusive that Ontario courts require everything to be served and filed in paper. The ‘electronic filing’ system in Ontario and at the Federal Court of Canada is both unworkable technically, and depends upon ‘agreement’ by all parties. Such agreement is regularly withheld when it comes to self-represented litigants and / or when the other side just wants to increase costs as a tactic.

          • criminal Conspiracy

            Great observation Allen. That is what is important to prove a conspiracy and planned dismissal of the action against Shaughnessy. That proves bias on the part of Judge Boswell and the RCMP need to be on the move with handcuffs because a bought court is a criminal offense and what you observed Allen is a witness to a criminal conspiracy and the Ontario Civil Liberties need to be pursuing the RCMP to investigate the Donald Best case

          • Mr. Best you hit the nail on the head when you stated that it depends upon agreement by all parties and such agreement is regularly withheld when it comes to self represent litigants.

            This is where the Ontario Civil Liberties along with your lawyer need to push at the Canadian and Ontario Human Rights commission because this withholding of the agreement used as a tactic against SLRs is not only discriminatory but is illegal. Once again it can be construed as a blackmaii tactic to stop SLRs from appeals or other avenues of redress. Whatever lawyers are allowed to use in Court is allowable to SRLs as well and when a judge withholds this right to SRLs they are commiting a criminal act. When our law enforcement decide to do something about this then there will be justice in our courts. Until that time there is no justice only protection of criminals in our court system.

            By the way that lawyer Bryan Greenspan boasted after getting 2 high profile clients off the hook that the RCMP and their special task force for financial crimes was not working. Just because you got your clients off Mr. Greenspan in the Ontario Court system doesn’t mean they weren’t guilty it just means perhaps someone covered up for them. That’s what a lot of Ontario citizens think and we trust that when our RCMP do get to charge them its with good reason. I think Mr. Greenspan would do well to read Mr. Bill Majchers affidavit and based on that affidavit he cant exactly boast now can he? I wonder who the lawyer caught with one million dollar was and I wonder which lawyer made up the phony affidavit to get that money laundering lawyer off the hook? I think we have lots of criminals running free in Ontario and I think we know the answer why that is.

            The RCMP need to investigate these avenues being used by judges in our judicial mafia arena known as the Ontario Courts.

        • Well our family and others are pleased with your efforts to get cameras in court rooms. This would eliminate a lot of the problems. We have a story in Ontario regarding Ontario lawyers that would rival Mr bests story would you be interested. Dave 519 562 3652. Spent 2 and a half years under house arrest . Was simply trying to get evidence into justice of peace with several lawyers busted on fraud regarding family estate. Our family is destroyed with many lawyers involved and keeping obstructed from family accounts as an executor. Found 2/3s of missing assets the many lawyers overlooked. Was about 400 000 missing so it is no coincidence they are working together to obstruct justice.

        • Thank you Dennis for letting us know the Supreme Court of Canada also abuses SRL’s.

          The Justice Dept. of Canada has 3 strikes against it. First they refused a whistle blower of offshore tax evasion in Swiss bank accounts to come to talk to them. He had evidence of many Canadians involved. Second they had one of their own lawyer take them to court as they were pressuring the lawyer to go against Canadians charter of rights and make laws that are unconstitutional. Third we have them refusing investigations by RCMP. Investigations against crooked lawyers money laundering drug proceeds. 3 strikes and your out DOJ.

          Now we have the Supreme Court abusing rights of SRL. Second they allowed a criminal lawyer off of importing cocaine into Canada and third they stopped the appeal of the English family even though they were sitting with the affidavit of a very knowledgeable former RCMP agent. 3 strikes and your out Supreme Court of Canada.

          What’s interesting is the Bell Island Justin Trudeau has an ethics breach investigation is linked to Swiss Bank account tax evasion. That Khan guy is obviously involved. They can’t wiggle out of that one. Let’s watch as they try. Perhaps the DOJ won’t let this whistle blower show his evidence as they are protecting the prime ministers friend. The dear friend of the family. Thus protecting our prime minister. But wait Harper was the PM then. Let’s see many crooked people from Canada apparently have offshore accounts. Many affluential people named in the water war crimes of Canada . The rich protecting the rich. So let’s see no matter what PM you put into power they all cover up the same people !!!!!!

    • Yes Donald Best has been relentless in his efforts to expose this judicial mafia and it’s organized crime syndicate…remember the term organized crime or mafia isn’t just words used for our well known mobster families and organized crime rings it encompasses all forms of organized corruption .

      When bullies are allowed to run free in court trampling on your charter of rights circumventing the rule of law cover up for one another imposing ridiculous rulings such as Justice Susan Healy calling Donald Best law suit frivolous and vexatious and forced his lawyer to pay 84000 in costs which was nothing but an intimidation tactic to silence Mr. BEST and can be construed as a blackmail to silence ruling by this Judge along with countless other tactics used everyday in court judicial organized mafia is a perfect way to describe our judicial system and Allen pinned it perfectly in a prior post. The very fact that Judge Shaughnessy refused to allow Donald Best to cross examine detective Van Allen in court which is Donald Bests charter of rights and basic court right proves a judicial system covering up for criminal activity. That readers is a criminal conspiracy fueled by a organized crime syndicate known as our Ontario judicial system.

      Thus as citizens we ask what is our law enforcement doing to clean up this organized crime ring by a judicial mafia.

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