Federal Court to review whitewashed Canadian Judicial Council decision about Justice Bryan Shaughnessy on November 20, 2017
Canadian Judicial Council cover-up exposed on November 20, 2017
The Federal Court of Canada has scheduled two full days on November 20 & 21, 2017 to review a Canadian Judicial Council (‘CJC’) decision about a complaint against Ontario Superior Court Justice J. Bryan Shaughnessy.
The hearing will review how and why CJC Director Norman Sabourin summarily dismissed a complaint by former Toronto Police Sergeant (Detective) Donald Best, without an investigation and in the face of irrefutable evidence that Justice Shaughnessy committed what has been described by various lawyers and a retired Crown prosecutor as ‘despotic, disgusting and reprehensible misconduct’.
“In all my years of practicing law, this is the most disgusting thing I have ever seen a judge do.”
Senior Ontario lawyer writes to Donald Best after examining the evidence against Justice J. Bryan Shaughnessy.
Donald Best alleged that after sentencing him to three months in prison for Contempt of Civil Court, Ontario Superior Court Judge J. Bryan Shaughnessy 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, without telling the self-represented prisoner and without placing the new secret order into the court record. This was a deliberate, vindictive and premeditated extra-judicial abuse of Justice Shaughnessy’s position and authority.
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.”
Canadian Judicial Council said to be operating ultra vires – in violation of the law.
As well as looking at the circumstances of the CJC dismissal of Best’s complaint, the Federal Court will be considering whether or not CJC Director Norman Sabourin is operating beyond his authority under the laws which established the CJC. This issue has been previously raised in public discussions, but has never been formally brought before the court as it is in the Judicial Review filed by Donald Best’s lawyer, Paul Slansky.
Packed Courtroom Expected
Many Canadians wrote expressing support for Donald Best and asked to be notified of the hearing date so they can attend and observe the process. A court artist and several independent journalists also state they will cover the hearing.
The hearing will be held:
Monday November 20th and Tuesday November 21, 2017 at 9:30am
Federal Court: 180 Queen Street West, Toronto, Ontario.
About The Public Trust – Statement by Donald Best
I believe that the vast majority of judges and lawyers do their utmost to deliver the best justice they can within our imperfect system. There are, of course, systemic problems that need attention – but when a lawyer or a judge goes rogue, Canada’s legal profession must take action or the entire justice system is tainted.
Justice Shaughnessy’s reprehensible backroom misconduct is egregious but, fortunately, exceedingly rare – so rare that no one I’ve spoken with has ever heard of any other judge doing what Justice Shaughnessy did.
The evidence of his misconduct is so strong that when the Canadian Judicial Council dismissed my complaint without an investigation it really was a self-indictment of the CJC, its director Norman Sabourin, and the CJC’s processes and decisions. Within the legal community, the CJC’s decision to dismiss my complaint produced disdain and contempt for the CJC – not to mention guffaws and comments of “If this isn’t judicial misconduct, then nothing is.”
It is hoped that a Judicial Review of the CJC’s Shaughnessy decision will provide Canadians with answers about how this happened and result in changes that could begin to restore confidence in our judicial system and in the Canadian Judicial Council that is mandated to bring accountability to those we Canadians entrust as judges.
Abandoning Public Trust: Conflicts of Interest by Ontario’s legal profession
Part 4: Should conflicted lawyer Peter C. Wardle resign from representing Justice J. Bryan Shaughnessy?
Part 5: Abandoning the Public Interest. When Canada’s legal profession, regulators and government circle the wagons to save club members, who looks after the interests of Canadians?
Part 6: Previous incident – How Justice Shaughnessy backdated a court order for lawyers Gerald Ranking and Lorne Silver.
… Additional articles in this series will be added later.
Background and Links
Background, supporting court documents and details of Justice Bryan Shaughnessy’s May 3, 2013 misconduct can be found in the following artlcles:
Read Donald Best’s article published in The Globe and Mail: Solitary confinement is pure torture. I know, I was there
Judicial Review Court Documents in the Public Record
January 17, 2017 Federal Court of Canada Order and Reasons (PDF 250kb)
April 14, 2016 – Notice of Application (PDF 711kb) by Donald Best for a Judicial Review of CJC decision.
December 2, 2016 Memorandum of Fact and Law (PDF 436kb) – Lawyer Paul Slansky for Donald Best
Copies of Best’s January 5, 2016 CJC Complaint, emails and exhibits
January 5, 2016 Complaint to CJC – 12 pages, no exhibits (pdf 218kb)
January 7, 2016 Receipt of Complaint – email (pdf 102kb)
January 21, 2016 Letter to CJC – (pdf 188kb)
February 4, 2016 Letter to CJC – (pdf 254kb)
Supporting Exhibits as sent to CJC with Complaint
In .pdf format. Some of the full court transcripts are rather large.
Exhibit & Description
- A January 15, 2010 Warrant of Committal (103kb)
- B May 3, 2013 Warrant of Committal (752kb)
- C January 15, 2010 Transcript (7.7mb)
- D January 15, 2010 Court Order (866kb)
- E January 25, 2010 Reasons On Motion For Contempt (702kb)
- F August 9, 2012 Transcript (5mb)
- G August 9, 2012 Endorsement (1.5mb)
- H August 9, 2012 Court Order (129kb)
- I October 12, 2012 Transcript (12.5mb)
- J October 12, 2012 Court Order (83kb)
- K October 12, 2012 & November 16, 2012 Endorsements (284kb)
- L November 16, 2012 Transcript (1mb)
- M December 11, 2012 Transcript (45.1mb Large File)
- N December 11, 2012 Endorsement (326kb)
- O November 16, 2012 Draft Order (94kb)
- P January 25, 2013 Transcript (9.7mb)
- Q January 25, 2013 Endorsement (234kb)
- R April 30, 2013 Transcript (2.3mb)
- S May 3, 2013 Transcript (9mb)
- T May 3, 2013 Judgment (255kb)
- U June 14, 2013 Appeal Court Order (83kb)
- V April 15, 2014 Order of Justice Molloy (334kb)
Notice from the Publisher
If any person disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at firstname.lastname@example.org and I will publish your writing with equal prominence. Comments left on articles are moderated at least once a day.
Public domain photo of Justice J. Bryan Shaughnessy has been modified to remove others in the background and is a new work by Donald Best. Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.
Barrie, Ontario, Canada