Cassels Brock website celebrates corrupt lawyer Lorne Silver who lied to jail a self-represented litigant

Bay Street law firm dares not sue Donald Best for publishing the truth.

by Donald Best, former Sergeant, Detective, Toronto Police

Even though Canadian lawyer Lorne Silver’s corrupt acts (fabrication of evidence, obstruction of justice and lies to the court) in the Donald Best legal cases are thoroughly proven and widely recognized by credible, independent observers – the Cassels Brock website still celebrates that Silver won the case and imprisoned a self-represented person for contempt of court.

 

Normalizing corruption

On November 17, 2009, Cassels Brock senior lawyer (and Deputy Managing Partner) Lorne Silver and two other Bay Street lawyers deliberately fabricated false evidence against me, Donald Best, to be used in a costs hearing in the Nelson Barbados Group Ltd. v. Cox civil case.

Cassels Brock brags about victory achieved by fabrication of evidence and lying to the court.

After a conference call with me, Lorne Silver and co-counsels Gerald Ranking and Sebastien Kwidzinski created a false ‘Statement for the Record’ wherein they officially informed the Ontario Superior Court that during the phone call I had ‘confessed’ to receiving a certain court order the day before. In fact, as my secret recording of the telephone conversation proves, under Silver’s questioning I denied numerous times receiving the court order and asked that the order be sent to me.

During subsequent ‘secret’ court hearings that I was not informed of and had no knowledge of, the corrupt lawyers doubled down on their lies orally on the record – assuring the court that their Statement for the Record was true and that I and not they, were lying to the court. (This was prior to them knowing that I had secretly recorded our phone conversation.) 

Further evidence shows that Fasken lawyer Gerald Ranking and his assistant Jeannine Ouellette also lied to the court about sending me the court order in the first place. They never sent the order that the lawyers told the court I had confessed to receiving in the phone call.

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

The lawyers deliberately lied to the court to convict me of Contempt of Court in a civil case costs hearing that I was not informed of. They also illegally paid a corrupt Ontario Provincial Police officer (Det. Sgt. Jim Van Allen) to illegally act as their unlicensed private investigator and to illegally provide confidential police records about my police employment and my family including the names of my children and ex-wife.

The veracity of the above facts is not now, and has never been, at issue.

Who says so? 

  • Senior Law Society of Ontario (LSO) lawyers such as Brian Greenspan, Milton Davis, Paul Slansky, LSO Bencher Rocco Galati and many others, including law professors and a Crown Attorney – all of whom determined that Lorne Silver, Gerald Ranking and Sebastien Kwidzinski lied to the court to convict me of contempt in absentia (when I was not present).
  • The Ontario Civil Liberties Association, that openly published a statement in my support when that organization honoured me as the sole recipient of the 2018 Ontario Civil Liberties Award.
  • Former Federal Cabinet Minister and Commissioner of the Ontario Provincial Police, Julian Fantino in his sworn affidavit.
  • Dr. Stevan Pausak, forensic scientist at Ontario’s Centre of Forensic Sciences (1975-1998) in his sworn affidavit. 
  • Edward J. Primeau, noted forensic audio examiner, in his sworn affidavit.
  • Broadcast journalist Jimmy Dore during a live interview on The Jimmy Dore Show – and other Canadian and American journalists who examined the evidence and interviewed me.
  • Law Professor Julie Macfarlane, Director University of Windsor Law School National Self-Represented Litigants Project – who made a video presentation confirming that the lawyers lied to the court.
  • Two Canadian judges who privately told me that they are “ashamed” at what was done to me.
  • Hundreds of citizens who wrote to me, saying that they have listened to the voice recordings, compared them to the lawyers’ written and oral testimony in official court records – and are disgusted not only with the corrupt lawyers, but also with the legal profession and courts that worked together to save senior members of the Bay Street club even when that meant knowingly sending an innocent person to prison.

Yet, in the face of this truth and growing public realization of how Cassels Brock and its legal team imprisoned an innocent Canadian through the fabrication of false evidence and the commission of criminal offenses – the law firm’s website proudly proclaims the corrupt victory.

Good. I hope Cassels Brock leaves the webpage up as a testament to how far one of Canada’s premier law firms has fallen – and how it conducts itself with entitlement, impunity and contempt for Canadians and the Rule of Law.  

Donald Best cases won by Cassels Brock lawyer Lorne Silver on the basis of fabricated false evidence and other crimes:

  • Best v. Cox, 2014 ONCA 167
  • Best v. Cox, 2013 ONCA 695
  • Best v. Cox, 2013 ONSC 8025
  • Nelson Barbados Group Ltd. v. Cox, [2008] O.J. No. 2410
  • Nelson Barbados Group Ltd. v. Cox, 2008 CarswellOnt 2142
  • Nelson Barbados Group Ltd. v. Cox, [2008] O.J. No. 454

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

Donald Best receives 2018 Ontario Civil Liberties Award

Scandal, Cover-up by Federal Court of Canada Exposed.

by Donald Best, former Sergeant, Toronto Police

I’m surprised and deeply honoured to receive the 2018 Ontario Civil Liberties Award – announced this morning.

Today (and in my recorded acceptance speech – transcript here) I am calling upon the Law Society of Ontario and the law societies in every province to cease investigating complaints against their own members. This most serious conflict of interest undermines the profession’s credibility and the public’s trust in our legal system.

Self-investigation by the lawyers’ unions is a real conflict of interest that is unacceptable by any modern standard and cannot be resolved – except by the establishment of independent organizations in each province to receive complaints against lawyers, to perform professional unbiased investigations and to lay charges where appropriate. The retention of investigative functions by the law societies is indefensible.

Today, I also reveal details of an ongoing major scandal and active cover-up by the Courts Administration Service and the Federal Court of Canada that impacts every Canadian who has appeared before that court for any reason in the last few years.

This documented misconduct by Federal Court of Canada personnel throws into question every recent decision of the Federal Court of Canada. Dozens of lawyers and litigants have already contacted me about this revelation and I am aware of several lawsuits / legal motions that are imminent. At least one will be filed within days.

Regarding my personal legal battles, both the Ontario Civil Liberties Association (in their news media release) and University of Windsor law professor Julie Macfarlane in her introduction speech for my award – openly declare that I was unjustly convicted of contempt of court and imprisoned based upon false evidence fabricated by senior lawyers from some of Canada’s largest law firms. (Former OPP Commissioner of Police Julian Fantino said the same thing last year in a sworn affidavit and said that if he knew then what he knows now, he would have launched a criminal investigation against named Ontario Provincial Police officers and lawyers.)

To my friends and family who believed in me during the darkest times and gave me strength – thank you. This is your Ontario Civil Liberties Award as much as it is mine. To the legal profession and the courts… We want our justice system back.

Ontario Civil Liberties Association announcement…

http://ocla.ca/ocla-civil-liberties-award/

My acceptance speech…

https://youtu.be/AWUcVtnec9A

Professor Julie Macfarlane’s introduction…

https://youtu.be/trPU2uwUzOM

Donald Best Receives the 2018 OCLA Civil Liberties Award

(Ottawa, December 4, 2018) – The Ontario Civil Liberties Association (OCLA) presents its 2018 Civil Liberties Award to whistleblower and anti-corruption activist Donald Best.

Donald Best is a former Sergeant (Detective) with the Toronto Police responsible for investigating Canadian police, lawyers, and politicians involved in organized crime, and a leading Canadian anti-corruption whistleblower and activist.

In his ongoing legal cases and public advocacy, Mr. Best has exposed corruption in the Canadian legal profession including secret orders and investigations by judges, the submission of false evidence in court by lawyers, and the failure of disciplinary bodies such as the Law Society of Ontario and the Canadian Judicial Council to investigate complaints against judges and lawyers.

Mr. Best’s tireless efforts to create integrity and accountability in the Canadian legal system make him an exemplary leader in the fight for equality before and under the law of all Canadians, including self-represented litigants.

Embedded at the OCLA’s award website (link HERE) is a video of Donald Best’s acceptance speech for the 2018 OCLA Civil Liberties Award, following a video introduction of Mr. Best by law professor Julie Macfarlane, Director of the National Self-Represented Litigants Project, University of Windsor.

Background Articles available online

https://donaldbest.ca/faqs-about-best-v-ranking/

https://nationalpost.com/news/canada/ex-federal-cabinet-minister-julian-fantino-takes-aim-at-judge-cops-lawyers

https://business.financialpost.com/legal-post/internet-research-by-jurors-and-judges-during-cases-challenged-julius-melnitzer

https://donaldbest.ca/broadcaster-jimmy-dore-interviews-donald-best-the-lawyers-lied-to-the-court-and-as-a-result-you-were-convicted/

Hamilton Councillor Sam Merulla embraces police investigation of Mafia connections – with custom Godfather logo

Hamilton Councillor jokes about leaked police investigation – but offers no explanation to citizens.

by Donald Best, former Sergeant, Detective, Toronto Police

When DonaldBest.CA re-published leaked police documents showing Hamilton politician Sam Merulla under investigation for apparent association with notorious ‘Ndrangheta Mafia members Antonio Agresta and brothers Angelo and Pat Musitano – Merulla responded by blocking your writer Donald Best from reading his Twitter feed.

Now the newly re-elected council member’s Twitter profile @SamMerulla shows him wearing a custom Godfather-style logo ‘The Councillor’ in an apparent attempt to defuse the issue through humour and mocking.

Left unsaid by Merulla is any real reply or explanation to the concern that an elected official appears as a subject in a long term investigation into organized crime. ‘Project SCOPA’ also revealed corrupt Hamilton cops in the pay of the mob.

Nothing from Sam Merulla – and very surprising during the recent municipal election – not one word about the police investigation into Merulla from the Hamilton Spectator, the Toronto Star or any other local news media. 

Whether due to ‘libel chill’ or the corrupt influence of organized crime, the result is the same: the mainstream news media failed in its duty to the public and to the public trust.

Hamilton politician Sam Merulla blocked Donald Best on Twitter

Hamilton Citizens deserve the Truth from Merulla and the Police

In 2016, the Toronto Star reported on a lawsuit by undercover officer Paul Manning – who alleges he was betrayed by the Hamilton Police Service and by corrupt police officers working for the Mafia.

Then about a year ago Oakville-based private investigator Derrick Snowdy published confidential police reports into organized crime showing connections between Hamilton mobsters, corrupt cops and several politicians – including Councillor Sam Merulla and former Hamilton Police Board Chair Bernie Morelli. (Morelli passed at 70 years old in 2014 after a long illness.)

In late 2017 I published two articles:

Leaked police report: Hamilton City Councillor Sam Merulla & former Police Board Chair linked with organized crime, ‘Ndrangheta mafia

Domenic Violi arrest a reminder that Organized Crime has penetrated Canadian police for decades

On November 15, 2017 the Toronto Star published a teaser about the Derrick Snowdy material – but only mentioned mob figures and corrupt cops. Again, the mainstream news media lacked the courage and integrity to report the full story, including that Sam Merulla was a target / subject of a major police investigation into the Hamilton mob.

Is it any wonder that Canadians no longer trust the mainstream news media as they once did?

‘The Councillor’ Sam Merulla wouldn’t be wearing a mocking Godfather shirt if the Hamilton and Toronto mainstream news media was doing its job.

Hamilton Councillor Sam Merulla and Musitano brothers (montage from original document below)

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

 

Cassels Brock law firm removes offensive logo

‘A Law Until Ourselves’ Bird of Prey logo revealed contempt for lawyers’ Duty to the Public Trust.

Almost two years ago, DonaldBest.CA exposed the elitism and arrogance of the Cassels Brock law firm in their web-publishing of a bird of prey logo declaring ‘A Law Unto Ourselves’.

You can read our original article here: Cassels Brock law firm motto ‘A Law Unto Ourselves’ under a bird of prey

We can now report that Cassels Brock has removed the offensive logo at their Cassels Brock law students’ webpage.

Yes, the logo is gone… but what about the ‘A law unto ourselves’ attitude?

HA!

Next up…

Coming Soon: 

Cassels Brock website celebrates corrupt lawyer who lied to jail a self-represented litigant

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 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
November 13, 2018
Barrie, Ontario
Canada

Valarie Findlay: Wolves, Sheep and the Inconvenience of Sheep Dogs

“As source in a media story this past summer, I was aware of the rough road ahead: A sworn officer had revealed information on an active undercover operation targeting a long-time municipal politician for bribery.”  …Valarie Findlay

Show me how to lie,

You’re getting better all the time.
And turning all against the one

Its an art that’s hard to teach.
Another clever word

Sets off an unsuspecting herd.
And as you step back into line,

The mob jumps to their feet.

by Valarie Findlay

Where fact and perspective meet, our personal values churn both of these, binding them into what we believe to be right and fair. Beyond common law and more than moral platitudes, these complex, emotional judgments help us to separate the ‘good guys’ from the bad, the law-abiding from the law-breaking and those who pull ‘sheep’s clothing’ over their wolf-like intentions, as they stride into the light of public interest.

It’s not uncommon for the public to be dazzled by sleight of hand that leaves us doubting our intuitions, even in the face of facts – it happens all of the time. The unknowing – or those not wanting to know – are transformed into complicit shills, bit players in the theatrics of the corrupt. Everyone knows that following the crowd is easier than standing up, or worse, standing alone.

Not a fan of acting on a single vector of information, balancing the material and immaterial with historical actions or patterns and intuition is critical. These are the pillars of anecdote, facts and the pathology of behaviours. The simplicity of when someone shows themselves to you, believe them is not lost on me, but it is rarely enough to grind the gears of public opinion.

(Above LiveLeak video: Ottawa Police Association President Matt Skof talking about Chairman of the Ottawa Police Service Board and alleging, quiet clearly, that Eli El-Chantiry is involved in Organized Crime. Note: none of his allegations have yet been proven true.)

Ottawa Police Association President Matt Skof first denies, then admits secret recordings are of him

As source in a media story this past summer, I was aware of the rough road ahead: A sworn officer had revealed information on an active undercover operation targeting a long-time municipal politician for bribery. The local politician was Ottawa Police Services Board Chair, Eli El-Chantiry. The ‘officer’ was Ottawa Police Association president, and former Ottawa Police Services (OPS) sergeant, Matt Skof. The receiving party was me.

Matt Skof Ottawa Police Association President

When Matt informed me that El-Chantiry was the target of a bribery play, I had no intention of acting on the information. But that changed when I was told the operation was disbanded without cause, charges nor explanation and that emails existed between El-Chantiry, his secretary and others coordinating the bribe.

The only statement I will make with regard to Matt with any certainty is that he grossly misjudged my principles. Under no circumstances would I hide serious assertions that an elected official was involved in criminal activities and that the investigation stood up on that information was seemingly quashed.

As the information was socialized by others, it was not exactly a shock to a tight circle of cops and myself. For three years, I had been the conduit for many sources of testimony and material evidence on El-Chantiry’s conduct – and then I had my own. I had no reason to doubt Matt’s accuracy, truth and veracity of the information. In instances prior to this, any information shared on El-Chantiry and others was corroborated by those who were directly involved. Matt, in my opinion, acted in good faith, as I did.

Over the months that followed, much was underemphasized that would have lent context.

Firstly, the information provided by Matt was not coerced, as some have suggested. It also occurred over several months with increasing detail and cohesion. To that and on the matter of why the calls were recorded, this was an automatic function on the cell phone that Matt often called me on; calls made to my other numbers were not recorded.

There was no grand entrapment scheme and there was no personal benefit to me. The recordings were all but forgotten, until it was indicated to me that the operation was apparently “buried” – keeping in mind, this operation was executed and funded in a way that kept it shielded from the executive.

“I am one hundred percent convinced that Eli El-Chantiry is full out involved in organized crime, no doubt…”  Ottawa Police Association President Matt Skof talks about Ottawa Police Service Board Chair Mr. Eli El-Chantiry.

Secondly, there was no manipulation or misrepresentation of the recordings, as claimed by Matt. The original files’ were substantiated and verified by a number of factors: time/date stamps, call logs showing phone numbers and length of calls and correlation of information from the conversations to material elements, such as emails. The integrity of the audio files was maintained and verified as such.

Eli ElChantiry, Chair Ottawa Police Services Board

Many asked why Matt would share such sensitive information with me. Obviously, I know why, but this is a question for Skof to answer, not me. From our many conversations over the years on El-Chantiry’s conduct, I can presume he was dually disgusted and overjoyed that this may signal the end of El-Chantiry’s fourteen year reign as Ottawa-Ward 5 Councillor and nearly ten years on the Ottawa Police Services Board.

Additionally, many have asked whether Matt and I had a “romantic” relationship. We did not – it was not romantic in the slightest. Others shifted the focus to his error in judgement, and in some cases, mine. To this, I will vigorously state that on the face of the information and its serious implications, the necessity for the matter to be independently investigated is crucial. I stand by that one-hundred percent. Read more

Broadcaster Jimmy Dore interviews Donald Best: “The lawyers lied to the court and as a result you were convicted…”

Jimmy Dore Show names corrupt Toronto lawyers Gerald Ranking, Lorne Silver, Sebastien Kwidzinski – plus corrupt judge and cop.

by Donald Best, former Sergeant, Detective, Toronto Police

For years the Canadian news media put a ‘kill’ on my story and shadow-banned my comments on their websites. Many supportive mainstream journalists informed me that their editors refused to publish any part of my story due to ‘libel chill’ – their fear of being sued by the corrupt lawyers who proveably lied to the court to convict and imprison me for contempt in a civil matter.

On those rare occasions when Canadian outlets did write about my case, the stories were invariably agenda-driven, inaccurate and obviously sourced from the opposition. To this day no Canadian news media has published a story comparing the provably false court testimony of the Toronto lawyers with the truth as shown in the forensically-certified secret voice recordings of our conversation.

Superior Court Justice J. Bryan Shaughnessy

Things started to change late last year when the Toronto Sun, Toronto Star, National Post and other outlets published Colin Perkel’s article Ex-cabinet minister Julian Fantino suggests judge, lawyers and cops part of conspiracy to convict man. Then on June 5, 2018 the Financial Post carried Julius Melnitzer’s story Internet research by jurors and judges during cases challenged: Julius Melnitzer.

Now the US news media is picking up the story with The Jimmy Dore Show out of Los Angeles being the first to publish a video of my guest appearance on the show. (YouTube video above or here: Cop Whistleblower Targeted by Canadian Court)

“There were secret recordings you made of your telephone conversations with the lawyers involved. I read the official court records showing what those lawyers told the court. They lied to the court, and as a result you were convicted for Contempt of Court while you weren’t even in the country.” (Jimmy Dore to Donald Best at about 10:30 into the interview.)

Jimmy Dore is the first journalist with the courage to publicly state that he compared my secret recordings with the corrupt lawyers’ testimony and finds that the lawyers lied to the court to convict me.

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

Jimmy Dore Show also names Justice J. Bryan Shaughnessy, Police Officer James ‘Jim’ Van Allen

At about 18:41 into the interview, I name and the Jimmy Dore Show names the three Ontario lawyers, Ontario Superior Court Justice J. Bryan Shaughnessy and retired Ontario Provincial Police officer Jim Van Allen – all of whom Jimmy Dore refers to as “corrupt”.

“Donald Best, we wish you all the best in getting to the bottom of this, getting justice in your case and exposing these corrupt lawyers and judges…” (Jimmy Dore to Donald Best at about 25:00 into the interview.)

Jimmy, his staff and presumably his legal team studied my case in detail prior to making his production decisions and final edits.

Viewers know exactly what it means when a citizen like me and a journalist like Jimmy Dore openly name lawyers and a judge as “corrupt” and they do not sue. The lawyers and the judge don’t dare because they would have to expose themselves to cross-examination for the first time – and they know they are guilty of corrupt acts.

Sometimes it takes a while to break through the news media gatekeepers. It looks like that time is approaching.

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 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
September 29, 2018
Barrie, Ontario
Canada

 

For lawyers (and everyone else) Integrity is easy – Courage is the hard part.

There will always be some lawyers and even a few judges who embrace greed, ignore the Rule of Law and engage in corrupt acts in support of powerful clients and cabals.

It is a part of the human experience that some individuals yield to temptation and forsake what is right and lawful.

The real danger though, is when the legal profession and its regulators turn a blind eye to lawyers and judges who choose to become “servants in the architecture of corruption.”

When this happens, corruption thrives and the Rule of Law soon withers away.

As shown in the circumstances of my case, Canadians deserve much better from the Law Society of Ontario, the legal profession and the courts. The Law Society of Ontario, the Ontario legal profession and the Canadian Judicial Council obviously fear transparency and accountability.

In this, Ontario lawyers and judges are little different than the policing organizations of 30 years ago who assured Canadians that they were capable of self-oversight with the public trust foremost in their agenda.

That was an absurdity and so the citizens of Ontario through their government established the Special Investigations Unit (‘SIU’) to take civiliian oversight of serious incidents involving police.

Why should the legal profession be allowed to investigate itself? There must be independent civilian oversight of investigations into wrongdoing by lawyers.

After almost 40 years spent interacting with ordinary people, the police, the legal profession and the courts in one way or another, I truly believe that most people are good at their core.

Really evil people are a minority in our society, and, I firmly believe, are a minority in any society.

Most people have integrity. They know in their heart – they feel in their heart – what is right and wrong and they try to do the correct thing; but… only when integrity is an easy choice.

Having courage is to act rightly despite your fears. 

Courage is where most good people fail the test.

To do what is right when the pressure is on, when your employer or a powerful group wants you to compromise or ignore what you know is right, takes more than integrity. It takes courage.

Most of us do not have that kind of courage. That is a hard truth and one of the reasons why groups of corrupt people can sway societal systems and exert influence totally out of proportion to their numbers and actual strength.

Yet, sometimes all it takes is one courageous person to stand firm and declare that they will not do this or that for their employer. They will not deliver false evidence or ignore the truth in the face of powerful government officials.

But such decisions carry a price.

Sometimes the price of integrity is relatively modest: Professor John Knox of the University of the West Indies at Cave Hill in Barbados was warned to stop testifying in a certain court case or he would be fired. Professor Knox testified and soon found himself unemployed – fired from the University. Then he was abducted from the family home at gunpoint and beaten severely… but at least he still lives.

Sometimes the price of integrity is high: Russian lawyer Sergei Magnitsky refused to ‘confess’ to crimes and to falsely implicate others. For his defiance, corrupt police imprisoned him and then beat him to death in his solitary confinement jail cell. As corrupt as the murderous police were, they were only the instruments of a larger corrupt cabal that extended high into the Russian government.

And lest my readers receive the impression that serious corruption only happens ‘over there’, I clearly state that in Canada and in the United States, just like everywhere else, integrity is sometimes rewarded – but most often is punished when ruling groups are exposed or threatened.

Integrity is easy. Courage is the hard part.

Federal Court of Canada secretly uses internet to investigate people and cases appearing before judges

Dr. Eric Cole – former Commissioner on CyberSecurity to President Obama – confirms secret investigations by Federal Court of Canada

Financial Post article reports stunning new development in Canadian Judicial Council case.

by Donald Best, former Sergeant, Toronto Police

Judges and/or employees of the Federal Court of Canada (‘FCC’) conducted extensive secret online investigations into my case, my witnesses, my lawyer and me during the over a year and a half that my CJC Judicial Review case was before that court.

Even during the November 20, 2017 final hearing as my lawyer was in court speaking to Justice Boswell – the FCC staff and/or Justice Boswell himself were googling about the case and downloading evidence, information and exhibits from the internet. 

As reported by Julias Melnitzer in the Financial Post, the above has been forensically confirmed by US computer networking expert (and former commissioner on cybersecurity for President Obama) Dr. Eric Cole in a sworn affidavit filed in Ontario courts. (Available here as a .pdf: without exhibits 2.5mb – with exhibits 33mb)

Secret evidence is prohibited in our courts.

So what’s the problem with judges and their staff secretly collecting information online about the cases, litigants, accused persons, witnesses and lawyers appearing before the judge?

That’s easy – this secret and unlawful court activity strikes right to the heart of our standards for a fair and open trial process.

Persons before the court have a right to see, examine and challenge all evidence considered by the court and to do so in public. This standard goes back over eight hundred years to the Magna Carta and is what differentiates English-based judicial practice from so many other countries and cultures.

Thus in the British, American and Canadian courts, jury members and judges are not supposed to do independent research into the cases they are considering. This is to ensure that all the evidence the court or jury members consider is on the record and in public so the prosecution and defence are aware of the evidence, can test it for accuracy and make submissions as to its value and interpretation in the case.

If the judge or jury members consider evidence that nobody else is aware of, they are conducting a portion of the trial in secret.

The issue of no secret evidence in the courts is so important to justice and fair trials that in the United States and Britain jury members are regularly jailed for violating this prohibition. Recently in Canada two lengthy criminal proceedings were declared mistrial when jurors were caught independently researching the case.

Jurors are usually caught when another member of the jury finds out and alerts the court staff. As one can imagine though, catching judges secretly investigating cases is exponentially more difficult although there have been a few recent instances in the USA and Canada.

Federal Court Justice Keith Boswell

Federal Court of Canada in full cover-up mode

It is apparent in the sworn affidavit of Dr. Eric Cole that the Federal Court of Canada was caught red-handed using the internet and google searches to secretly gather information about my case and the involved parties and witnesses for over a year and a half.

Further, Dr. Cole confirms that the Courts Administration Service that operates the computer network for the Federal Court of Canada knows exactly which judges and court staff are involved.

In a series of letters between Chantal Carbonneau, Deputy Chief Administrator of Judicial and Registry Services and my lawyer Paul Slansky, Ms. Carbonneau…

  1. admitted that court personnel conducted the investigations,
  2. indicated that she had knowledge of the people involved, but…
  3. refused to identify the judges and/or court staff who conducted the secret investigations into my case, and my lawyers and witnesses – and me.

There is much more to come regarding this story. The main takeaways are the following…

  1. For over a year and a half, Federal Court of Canada judges and/or their staff used the internet to conduct secret investigations and to gather information and evidence about the Donald Best – Justice J. Bryan Shaughnessy case before the court.
  2. Expert witness Dr. Eric Cole, former Commissioner on CyberSecurity to President Obama, confirms the misconduct of the Federal Court of Canada personnel, and that the Courts Administration Service and the FCC know everything about which FCC judges and court personnel secretly researched the Donald Best – Justice Bryan Shaughnessy case before the court.
  3. The Courts Administration Service and the Federal Court of Canada refuse to release information about which judges and court personnel secretly researched the Donald Best – Justice J. Bryan Shaughnessy case and the involved persons.

How many other cases did Federal Court of Canada judges secretly research on the Internet? Did the judge consider secret evidence in YOUR case before the Federal Court of Canada?

Justice J. Bryan Shaughnessy desperate to avoid public hearing into Canadian Judicial Council

by Donald Best, former Sergeant, Toronto Police

Last Monday was a 20-hour day for yours truly and two friends as we printed, sorted and bound ten full sets of my legal response to tactical legal motions by Justice J. Bryan Shaughnessy and the Attorney General of Canada.

Justice Shaughnessy launched a tactical legal motion demanding that I pay a security deposit to continue with my public interest case bringing accountability and transparency to the Canadian Judicial Council.

The Attorney General of Canada, abandoning the public interest, also filed a tactical motion to end our campaign to bring public accountability to the CJC.

Unbelievably the Attorney General of Canada is supporting Justice Shaughnessy – whose misconduct is described by several senior lawyers and a retired Crown Attorney as “despotic”, “disgusting”, “reprehensible”, “malicious” and “worthy of his removal from the bench.”

And so two friends and I worked in a cold garage until 1am Tuesday morning to put our legal response together.

Here is what this latest filing meant in materials alone:

  • Appeal Book 4 volumes per set = 1487 pages x 10 sets = 14,870 pages
  • Responding Motion Record 3 volumes per set = 1441 pages x 10 sets = 14,410 pages
  • Factum = 34 pages x 10 copies = 340 pages

29,620 pages in 80 bound volumes that had to be created because Justice Shaughnessy and the Attorney General of Canada want to keep public attention from the Canadian Judicial Council.

After about five hours sleep I was up again at 7am and drove from Barrie to downtown Toronto where I personally served the Attorney General of Canada and Justice Shaughnessy’s lawyer. (No professional document server hired as I did it myself.) Then I met with my lawyer Paul Slansky at the Federal Court building where we filed the materials on time.

Justice J. Bryan Shaughnessy (r) & his lawyer, Peter Wardle

Justice Shaughnessy’s legal costs fully covered with no limit.

The court costs of both Justice Shaughnessy and the Attorney General of Canada / CJC are paid by the Government. Not a penny of the judge’s legal costs comes from the his own pocket. The Attorney General and the judge’s lawyers snap their fingers and assistants draft their legal motions, and then print, bind, serve and file everything with not a thought about the costs.

Even the Executive Director of the Canadian Judicial Council, Norman Sabourin, confirmed in a Toronto Star news article that there is no limit on the publicly-paid legal costs when Federal Court justices are defending misconduct allegations. Judges sometimes run up over a million dollars in legal fees and there is not a thing that anyone can do about it.

This is what we are up against in this public interest case. The only way we can compete is by working harder and keeping costs to the absolute minimum. That’s why you’ll find my friends and me printing and binding court documents in a cold garage at 1am. 

Lawyers especially are concerned with Shaughnessy’s misconduct as his actions strike right to the foundations of our justice system and society. Every lawyer I’ve spoken with is concerned that the Canadian Judicial Council dismissed my complaint against the judge without an investigation or even reading the court file. Background story here.

Public awareness is starting to grow. National Self-Represented Litigants Project director Dr. Julie Macfarlane just declared that our CJC challenge is necessary, and another five professors at major law schools also contacted me offering support. Several lawyers regularly send me case law references that they think might assist my lawyer.

Canadians just might make this happen!

Justice Shaughnessy and the Attorney General are also trying desperately to have the next court hearing held privately – not in public.  No wonder!

Coming Soon

I’m busy redacting Identity Information from my latest legal documents and will probably start to post them tonight.

I’ll also be posting breaking news on a strange turn of events. It is confirmed that Federal Court judges and / or court staff performed improper and unrevealed investigations of me, my lawyer and witnesses throughout the 18 months that the case was before that court. 

We have forensically proven, and the court administration has basically admitted in writing, that during the original judicial review hearings in the Federal Court of Canada, employees and/or judges of the FCC conducted extensive private online investigations of me, my witnesses and my lawyer. Even during the actual hearing as my lawyer was speaking to the judge, FCC staff or the judge himself were googling about the case and downloading evidence, information and exhibits from the internet. This is a huge deal in the legal community. 

More coming!

Please contribute $25, $100 or whatever you can to support our 2018 legal challenge to the Canadian Judicial Council. >>>

GoFundMe Donald Best CJC Public Interest Campaign

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 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

 

Dr Julie Macfarlane, NSRLP Director at Windsor Law: Donald Best’s CJC Challenge necessary

by Dr. Julie Macfarlane, National Self-Represented Litigants Project

The National Self-Represented Litigants Project (NSRLP) of which I am the Director has been extremely concerned – and made this concern clear – for many years about the process for reviewing and adjudicating complaints brought against a member of the judiciary by a member of the public.

Many of the complaints brought to the CJC each year are now brought by self-represented litigants. The “mandate” of the CJC excludes most of these complaints as written.

In order to rebuild public confidence in the judicial system, a robust overhaul of the complaints process – including assistance for members of the public who wish to bring forward a complaint – is essential.

Mr Best’s judicial review claim is an example of the extraordinary lengths to which it is presently necessary to go to draw attention to this flawed system and the lack of public accountability that the CJC reflects.

Yours truly,

Dr Julie Macfarlane
Distinguished University Professor and Professor of Law

(Editor’s note: Don’t forget to support the Donald Best CJC Challenge with a small donation at GoFundMe.)

More from Dr. Macfarlane…

Its out! The fully revised 2nd edition of The New Lawyer: How Clients are Transforming the Practice of Law (UBC Press).

https://www.amazon.com/New-Lawyer-Second-Transforming-Practice/dp/0774837071

Named one of Canada’s 25 Most Influential Lawyers

http://www.canadianlawyermag.com/6513/The-Top-25-Most-Influential-2017.html

For information on my research and continuing work on self-represented litigants, including my Blog on Access to Justice and the SRL Phenomenon, go to https://representingyourselfcanada.com/

Follow me on Twitter @ProfJulieMac

Our podcast Jumping Off the Ivory Tower downloadable here https://representingyourselfcanada.com/podcast/

 

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