Have you ever defended someone who actually was framed?

My answer to the question – originally published at Quora.com…

by Donald Best, former Sergeant, Detective, Toronto Police

I was framed by corrupt lawyers and police – and was forced to self-represent and act as my own lawyer. I can freely tell you everything because what happened to me is a matter of public record – widely published and supported in court records and news media articles available on the internet since 2014.

My website http://DonaldBest.CA has all the documents, recordings and other evidence available for public scrutiny – as well as a list of my supporters including lawyers, organizations and a former Commissioner of Police and Canadian Federal Cabinet Minister who filed sworn affidavits in my support.

This is the true story of how several corrupt lawyers from some of Canada’s largest law firms fabricated false evidence, bribed police and lied to the courts to convict me of Contempt of Court in a civil lawsuit costs hearing that I was unaware of and not present for as I was not in Canada.

This is also the true story of how the Canadian legal profession and courts, when confronted with forensically certified telephone recordings and other irrefutable evidence proving the lawyers fabricated evidence and lied to the court to convict me – closed ranks to save the corrupt lawyers, even when that meant knowingly sending an innocent man to prison.

But first a little background…

As a Sergeant (Detective) with the Toronto Police and later in private industry, for over thirty years I hunted organized crime members and their enablers including corrupt police, politicians and members of the legal profession.

Now I’m an independent journalist, documentary filmmaker and an anti-corruption advocate.

I am the sole recipient of the 2018 Ontario Civil Liberties Award for my work in exposing and fighting corruption of the police, the legal profession and the judiciary.

Oh… I also served 63 days incarcerated in a Canadian prison; spending every day in solitary confinement.

Senior Ontario lawyers Gerald Ranking (center), Lorne Silver (right) and junior Sebastien Kwidzinski (left) lied to the courts to convict Donald Best.

The Frame Job

In November of 2009, I was traveling in Asia – but this didn’t stop a group of corrupt Bay Street lawyers from falsely swearing to the court that they had served me in Canada with a certain civil court order and that during a subsequent telephone call with them I admitted to receiving that court order.

Twelve times during that telephone call, I denied receiving the court order and asked that it be sent to me. After the call, the lawyers immediately created a formal ‘Statement for the Record’ document that falsely indicated I had informed them during the call that I had indeed received the court order the day before. This was a deliberate fabrication of evidence, a lie – but they submitted their false statement as evidence to court.

Later, during a hearing that I was not notified of, and was therefore not present for, the lawyers doubled down on their false Statement for the Record by confirming it orally on the court transcript. Further, they submitted a sworn affidavit – falsely stating that they had couriered the order to me at an address in Canada. The judge convicted me of contempt of court upon the lawyers’ false evidence, sentenced me to three months in prison and issued a warrant for my arrest.

The Secret Telephone Recording

The corrupt lawyers didn’t know that I had secretly and legally recorded my telephone conversation with them.

The recording proved they fabricated evidence and lied to the court to convict me.

Evidence from the courier company showed that – contrary to their sworn affidavit – the lawyers had never sent the court order to me in Canada or anywhere else and they couldn’t produce any courier record, tracking number, invoice or receipt for delivery.

They lied to convict me, a self-represented person who did not have a lawyer. They lied because they knew they could, because they had the power, authority and credibility as Officers of the Court and as senior partners of large and respected law firms. They did it because they were corrupt and wanted to win a civil case so badly that they would commit criminal offenses to do so.

Senior Ontario lawyers Gerald Ranking, Lorne Silver and junior Sebastien Kwidzinski placed their false evidence before the court, swore it was true both in writing and orally on the transcript record, convicted me of Contempt of Court and obtained hundreds of thousands of dollars in costs against me based on their false evidence.

Ah… but I had my secret recording of the telephone call that irrefutably proved the lawyers lied to the court in writing and orally on the record. ‘No problem’ I said to myself – I’ll just return to Canada and play the recording for the court, who will overturn my conviction and justly imprison these corrupt lawyers for perjury, obstruct justice and fabricating evidence.

Abandoned by the legal profession and the Law Society of Ontario

When I voluntarily returned to Canada from Asia to appeal my conviction and present my evidence, over one hundred Ontario lawyers refused to represent me even as they acknowledged the veracity and power of my evidence. Many told me that while they personally sympathized with my situation facing injustice and corruption, they feared backlash and opprobrium from the profession if they harmed or even challenged the involved senior lawyers and their large Bay Street law firms.

Even the Law Society of Ontario refused to assist in finding a lawyer to represent me and chose to not investigate the wrongdoing that I reported in writing. The Law Society chose to not seize and preserve evidence from the corrupt lawyers and their law firms. Some Law Society senior benchers actively covered up for their fellow Bay Street cabal members at the highest levels.

So I was forced to represent myself before the court.

Self-Represented in the Ontario Courts

The judges did not allow me to appeal my conviction that was obtained while I was not in court. I was not even allowed to cross-examine the lawyers and other witnesses that the courts relied upon to convict and imprison me.

I was not allowed to cross-examine the corrupt Ontario Provincial Police officer, Jim Van Allen, who worked illegally for the lawyers as an unlicensed private investigator, and whose ‘expert’ evidence was also used to convict and sentence me.

Not Allowed to Cross-Examine Witnesses against me

As a Canadian facing prison, I was not allowed to cross-examine the witnesses who provided the evidence the court used to convict and sentence me.

Let me repeat that: As a Canadian facing prison, I was not allowed to cross- examine the very witnesses who provided the evidence the court used to convict and sentence me.

Right now, many of you are thinking, “That can’t be true. No way. Not in Canada.”

How naïve you are.

Ontario Superior Court Justice J. Bryan Shaughnessy

A Corrupt Judge takes his Revenge

On May 3, 2013 after refusing to even consider my recordings and other new evidence that proved my innocence, and after sending me off to prison and ending court for the day, Justice J. Bryan Shaughnessy went to a backroom.

There in that backroom, off the court record and without a hearing, trial or transcript, Justice Shaughnessy secretly and illegally increased my prison sentence by fifty percent without notifying me. He secretly created a new warrant of committal that he gave only to the prison authorities. He did not file the new secret warrant with the courts or make mention of it anywhere in the records.

Several senior lawyers and a retired Crown Attorney describe the Judge’s misconduct as “despotic”, “disgusting”, “reprehensible”, “malicious” and “worthy of his removal from the bench.”

Later, I was denied the right to appeal my conviction and Justice Shaughnessy’s actions to a higher court because I could not pay hundreds of thousands of dollars in court costs earlier awarded to the other side on the basis of their provably fabricated and false evidence.

Solitary Confinement prison cell very much like the one Donald Best spent 63 days in. Lights on 24 hours a day and the screams of other prisoners never stop.

Solitary Confinement

I spent 63 days in prison – every day in solitary confinement as I am a former Toronto Police Officer. The prison authorities told me that solitary was the only place they could keep me alive – and from what I saw, they spoke the truth. In my solitary cell I had to clean the faeces and blood of previous occupants from the floor and walls. The lights in the cell were on 24 hours a day – but the screams and moans of my fellow prisoners didn’t allow for much sleep anyway.

All this is still celebrated online as a victory by the group of corrupt Bay Street lawyers and their large law firms who wanted to win, and did win, a high-value civil case by any means possible – including fabrication of evidence, perjury, obstructing justice and bribery of police to illegally obtain confidential police records.

How the Courts protect fellow members of The Legal Club

But as disgusting as all that is, there is much worse. The Canadian legal profession, the Law Society of Ontario and the Courts themselves, when confronted with legally made certified voice recordings and other irrefutable evidence proving that the Bay Street lawyers deliberately fabricated false evidence and lied to the court to convict me while I was out of the country…

… when confronted with that irrefutable evidence, the legal profession, the Law Society and the Courts closed ranks to save the corrupt Bay Street lawyers – even when that meant knowingly sending an innocent man – a self-represented person in a civil case – to prison.

In response to my solid evidence of criminal wrongdoing by senior Law Society of Ontario lawyers, the courts refused to consider my evidence, my exhibits and refused to even listen to the voice recordings. In all these years before various levels of courts, no judge has ever listened to the voice recordings – at least officially.

When faced with a choice of ignoring irrefutable evidence of lawyers’ corrupt activities – or of receiving that evidence and then holding accountable senior partners from some of Bay Street’s largest legal firms – the Law Society of Upper Canada, the legal profession and the courts betrayed their duty to Canadians.

Canada’s Legal Profession & Courts cover-up legal system corruption

The worst though, is that my personal story is just one small part of a much larger disaster involving thousands upon thousands of Canadians who have been denied access to justice and justice itself because of systemic failings in our justice system.

Those systemic failings in our justice system include a Canada-wide tolerance by judges and lawyers for corruption in the legal profession.

There is an unwillingness in the Canadian legal profession to even talk about corrupt acts by lawyers and judges. When a lawyer actually presents evidence of corruption in specific terms, naming names… look out! The rest of the pack will turn and attack as my current lawyer and so many other Canadians have discovered.

My false conviction and imprisonment was possible only because there is a level of tolerance by judges and lawyers for corruption in the legal profession and in the courts. There is strong reluctance to damage the careers of fellow lawyers and judges – or to tarnish the profession itself by acknowledging serious deliberate wrongdoing.

Tolerance of corruption in our justice system is systemic and deep-rooted. It is fed by the low integrity of some individuals in positions of influence and authority, who are empowered by the total lack of courage and the unwillingness of our legal profession to hold fellow Club Members accountable in any meaningful manner.

Not a week goes by that I do not hear from five or ten other Canadians (totalling many hundreds in the past few years) who write to tell me their own stories of lawyers and judges committing serious acts of misconduct with impunity; confident that they will never be held accountable.

Many of the writers are desperate because they cannot afford a lawyer and must represent themselves in court – knowing as they do that the courts are set up to overwhelmingly favour and benefit the legal profession, not to provide justice to ordinary Canadians as purported.

Losing Faith in the Justice System

For a variety of well-founded reasons, ordinary Canadians are fast losing their faith in our justice system. Many believe that justice is now simply unattainable through the courts. This is a dangerous situation, the extent and seriousness of which has yet to be acknowledged by those entrusted with operating our justice system.

Unless individual police officers, lawyers and judges start to act with courage, integrity and a sense of duty towards ordinary Canadians and the Rule of Law – this situation will continue to deteriorate.

Much of the unrest, protests and violent flareups that we see in our cities has origin in the fact that people have lost faith in the professions and institutions charged with upholding the rule of law.

When the police, lawyers and courts are not to be trusted – anything goes.

Donald Best

Barrie, Ontario Canada

Supporting court evidence, documents, news media articles and much more can be found online at DonaldBest.CA | Access to Justice. Anti-corruption.

Twitter: @DonaldBestCA

Read Donald Best’s original answer on Quora.

Court hears of Donald Best story as mobster jailed for threats to murder former Toronto Police Chief Julian Fantino.

Former federal Cabinet Minister Julian Fantino “Abuses in the Donald Best case could undermine public confidence in the administration of justice.”
  • Mobster Delio Manuel Pereira jailed for 18 months for credible threats to murder former federal Cabinet Minister and Police Chief Julian Fantino.
  • Pereira, 66 years old, is a career thug who previously spent years in prison for his role in the 2001 murder of mafia enforcer and boxing champion Eddie Melo.
  • Ontario Judge Elaine Deluzio heard evidence that Pereira tacked news articles about  Julian Fantino on his wall, including one from a December 2017 edition of the Star.
  • That article, headlined “Fantino takes aim at judge, police and lawyers,” described Fantino’s allegations that a Canadian judge, lawyers and several polices forces acted improperly in the conviction of Donald Best on contempt of court charges.

Story of corruption, coverup by Canadian lawyers, police & judges in the news again.

by Donald Best

The ongoing Donald Best case concerning how corrupt lawyers, police and a corrupt judge acted improperly to convict and jail Best received a brief mention in a recent Toronto Star news article by crime journalist and author Peter Edwards.

The Toronto Star article ‘Man sentenced to 18 months for threats to kill former Toronto police chief Julian Fantino’ relates how mobster Delio Manuel Pereira threatened to murder former Toronto Police Chief Julian Fantino.

The court heard how Pereira had a December 2017 Star news story tacked to his wall – ‘Ex-federal cabinet minister Julian Fantino takes aim at judge, cops, lawyers’. That article told of Julian Fantino’s legal efforts to intervene in the case of Donald Best.

Judge Elaine Deluzio

After hearing all the evidence, including about the Toronto Star article pinned to Delio Manuel Pereira’s wall, Ontario Judge Elaine Deluzio sentenced the mobster to 18 months in prison.

The Toronto Star report of Pereira’s trial and sentencing makes no mention of what Judge Deluzio said or thought about Fantino’s accusations of corruption by lawyers, police and judges in the Donald Best case. Here is an excerpt from that article…

Former Federal Cabinet Minister Julian Fantino alleges wrongdoing by Justice J. Bryan Shaughnessy, lawyers & police

Former Conservative cabinet minister and provincial police commissioner Julian Fantino has accused a Canadian judge, lawyers and several police forces of acting improperly and even illegally in the conviction and jailing of a man for contempt of court.

In his submission, Fantino maintains that Justice J. Bryan Shaughnessy convicted Donald Best “upon the presentation by lawyers of provably false evidence.” He also argues that “disturbing” evidence suggests police resources and personnel were “improperly retained, used and co-opted” to help one side in the private civil dispute.

“The court also convicted Mr. Best based upon affidavit evidence that was the product of illegal actions by a serving officer of the Ontario Provincial Police at the time that I was OPP commissioner,” Fantino states. “Had I known about it at the time, I would have immediately ordered an investigation to gather all evidence … with a view to possible provincial and/or criminal charges.”

Fantino, who could not be immediately reached for comment, explains in his 33-page affidavit filed along with 100 exhibits why he wanted to get involved. The “abuses,” he said, could undermine public confidence in the administration of justice.

“I notice that, in this matter, no one represents the people of Canada,” Fantino states. “No one speaks for me and other Canadians who believe in and rely upon fairness, courtesy and honourable treatment within the justice system.” 

… Above from the Toronto Star article Ex-federal cabinet minister Julian Fantino takes aim at judge, cops, lawyers’.

Donald Best story gaining traction in the mainstream & online news media.

With increasing frequency in the mainstream media, the story is being told to the public of how corrupt lawyers Gerald Ranking, Lorne Silver, Sebastien Kwidzinski, corrupt OPP officer Jim Van Allen and corrupt Federal Court Justice J. Bryan Shaughnessy convicted and knowingly sent an innocent Donald Best to prison for Contempt of Court – to protect the corrupt Bay Street lawyers (Ranking, Silver, Kwidzinski) who fabricated provably false evidence and lied to the court.

Donald Best’s story has now been covered by every major Canadian newspaper. His interview on The Jimmy Dore Show attracted international attention by both the public and the news media.

Watch for more public exposure in the coming weeks as Donald Best appears in more video interviews and mainstream press articles.

Further Reading

Summary of Julian Fantino’s September 28, 2017 affidavit.

January 1, 2018 News Media censorship of Julian Fantino’s Canadian Judicial Council intervention crumbles.

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 info@donaldbest.ca 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.

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.

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

Donald Best is a former Toronto Police Sergeant (Detective) who is now an independent journalist, documentary filmmaker and an anti-corruption advocate. He is the recipient of the 2018 Ontario Civil Liberties Award, and has been called “One of Canada’s most methodical and well documented whistleblowers.”

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/

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 info@donaldbest.ca 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

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 info@donaldbest.ca 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

 

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 2.5mbwith 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 info@donaldbest.ca 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/

 

Help fund the public inquiry into the Canadian Judicial Council

As standard CJC practice, Director Norman Sabourin summarily dismisses complaints against judges without investigations or providing reasons.

To the benefit of all Canadians, we need your financial support to force modern standards of accountability, transparency and performance upon the Canadian Judicial Council – the organization mandated to investigate and discipline Canada’s federal judges.

The Canadian Judicial Council summarily dismisses the vast majority of complaints against judges without investigation or even talking with the complainants. Now Canadians have the one perfect case with which to challenge the CJC’s performance and arbitrary standards, but we need your help to cover court costs.

Donald Best, his legal team and their supporters are challenging the Canadian Judicial Council’s wholesale dismissal of misconduct complaints against judges. The CJC summarily disposes of the vast majority of complaints against judges without investigations, public accountability or transparency.

The Donald Best case is perfect for this challenge. That’s why Canada’s Attorney General and the Canadian Judicial Council are fighting tooth and nail to keep this from going to a public trial.

The person bringing this challenge, Donald Best, is acting in the public interest for all Canadians and gains nothing personally from bringing or winning this legal action which is currently before the courts.

Donald Best, former Sergeant, Detective, Toronto Police

Donald Best is a former Toronto Police Sergeant and business person who, while traveling in Asia, was found guilty of contempt of court in a civil business matter in Ontario, Canada. While Best was out of the country and unaware of the court hearing, corrupt lawyers placed provably fabricated evidence before a Federal Court judge – Justice J. Bryan Shaughnessy – falsely claiming that Best had informed the lawyers during a phone call that he had received a certain court order.

In fact, during the phone call Best clearly stated over a dozen times to the lawyers that he had not received the court order and asked the lawyers to please send him a copy. After the call, the lawyers lied to the judge in writing and orally on the court record, falsely saying that Best had ‘confessed’ to receiving the court order. Based upon this false evidence, the judge convicted Best of contempt of court ‘in absentia’ (while Best was not present) and sentenced him to three months in prison.

Fortunately, Best had recorded the phone call and returned to Canada to place evidence before the court that proved the lawyers lied to the judge to obtain his conviction.

“In an obvious effort to protect the Bay Street lawyers, Justice J. Bryan Shaughnessy refused to listen to Best’s recordings, refused to consider the new evidence of his innocence and refused to allow him to cross-examine the very lawyers and witnesses that the judge relied upon to convict and sentence Best at the secret hearing.”

Superior Court Justice J. Bryan Shaughnessy

Justice Shaughnessy upheld Best’s original conviction and three month prison sentence. Court ended, Justice Shaughnessy left the courtroom and Mr. Best was taken away to prison. Then, secretly, in a backroom and off the court record with no transcript and no endorsement on the court record, the Judge illegally created a new Warrant of Committal and increased Best’s prison time by 50%. Mr. Best had no lawyer, wasn’t present and the backroom judge never told him what he had done.

This new secret Warrant of Committal was given only to the prison authorities and was not placed into the court records. The prison warden informed Best about the increased sentence when he arrived at the prison – saying that he had never seen such a thing before in 30 years with the Correctional Service.

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.

Nonetheless, when Best complained to the Canadian Judicial Council about Justice Shaughnessy’s serious misconduct, the CJC didn’t even investigate, saying that the judge’s actions were not ‘conduct’ under the CJC’s mandate.  

Without published standards and rules, the CJC arbitrarily defines what is and is not ‘judicial conduct’ in a self-serving manner on a case by case basis so they can reject any complaint. Donald Best is challenging this in court.

Outrageously, the Attorney General of Canada is defending and condoning the corrupt judge’s backroom misconduct – and is using every procedural trick in the book to delay and derail Mr. Best’s case.

Former Cabinet Minister Julian Fantino

Who Supports Donald Best?

In the past few years, hundreds of ordinary Canadians contacted Donald Best with messages of support. Lawyers volunteered to provide legal research in support of his lawsuit. Peter A. Allard Q.C., founder of the Allard Prize for International Integrity, praised Donald Best as “One of Canada’s most methodical and well documented whistleblowers.”

Julian Fantino, former Commissioner of the Ontario Provincial Police, former federal Cabinet Minister and current member of the Queen’s Privy Council, swore a comprehensive affidavit supporting Donald Best and documenting illegal conduct against Mr. Best by police, lawyers and a judge. Mr. Fantino launched his own ongoing court motion to gain Intervenor standing in Mr. Best’s CJC judicial review case.

Donald Best’s story has been told in the Toronto Star. Canada’s Globe and Mail newspaper published his article ’Solitary confinement is pure torture. I know, I was there.’

The University of Windsor law school and the National Self-represented Litigants Project told Donald Best’s story on their website article ’The client most lawyer fear – and won’t represent at any price’. The NSRLP Director Dr. Julie Macfarlane recently commented on the necessity of the Donald Best CJC court challenge.

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

Contribute anonymously to the Donald Best CJC Challenge GoFundMe campaign.

Law Society of Ontario calls for input into money laundering rules… Foxes designing hen house security

Money Laundering needs specialists

Lawyers are key to successful money laundering. That’s why the rules shouldn’t be left up to them.

During his acceptance speech as the co-winner of the 2015 Allard Prize for International Integrity, journalist Rafael Marques de Morais said “(unethical) Lawyers are servants in the architecture of corruption.”

Indeed they are. Lawyers are very necessary servants in the architecture of corruption for without lawyers willing to assist their valued clients, money laundering would be much more difficult for organized crime, crooked politicians, cheating corporations and others so inclinded to wash and conceal money here in Canada or offshore.

With Canadian banks and other named businesses having to report to the government large cash transactions (deposits or withdrawals over $10,000 cash) and also suspicious transactions – lawyers are the go-to people for weaseling around the laws because they are largely exempt from the reporting rules and constraints of non-lawyers. Plus, lawyers have a vast array of creative tools and strategies available – not to mention an international brotherhood that is experienced in working around inconvenient laws.

After 9/11, Canadian lawyers fought hard to keep from being more closely regulated and scrutinized over the issue of money transfers. They succeeded for a time, but the pressure is on again.

“The Law Society ‘solution’ for preventing money laundering is to rely entirely upon the integrity of individual lawyers – with no accounting or oversight by the law society or anyone else unless a complaint is made. Given that those involved in money laundering would never complain to the law society, that wraps things up quite nicely.”

Law Society of Ontario calls for input into money laundering rules

Canadian lawyers admit they are in fear of “the possibility of a renewed effort by the federal government to extend the PCMLTFA (Proceeds of Crime – Money Laundering – and Terrorist Financing Act) to members of the legal profession.” (See page 2 of the Law Society of Ontario’s Call for Input – download 1mb pdf here.)

As a result, the law societies across Canada have banded together with the Federation of Law Societies of Canada to present a little dog and pony show for the public and the legislators (who are primarily legal profession club members themselves.) The ‘club’ created a ‘Professional Regulation Committee’ and is calling for input from lawyers to the proposed amendments to the Anti-Money Laundering Rules.

A few minor changes coupled with a public relations campaign should do the trick… anything to stave off effective regulations that would cramp the profession’s ability to creatively serve the needs of their big-paying clients that they don’t want anyone to look at too closely.

You will note how the LSO proposal deals with transfers of cash, identifying and verifying clients and the use of lawyer’s trust accounts. A closer read shows that the proposed changes still leave lots of leeway and discretion to individual money-laundering lawyers. The money laundering toolbox is still intact with private mortgages, property transfers, offshore corporations and lots more tools still viable as lawyers’ secret conduits for tainted money.

Focus on Cash is a red herring.

The focus upon cash is a red herring for Canadian lawyers. Most of the money-laundering lawyers in Canada are not involved with large cash transactions through their own hands. By the time money arrives in their law firm accounts, it is coming through banks and from other lawyers in the form of documented transfers, real estate sales to apparent arms length parties and staged business dealings that have just enough appearance of legitimacy to protect the involved lawyers and law firms.

A Global Witness undercover investigation showed that 25% of New York lawyers would money-launder for strangers walking in off the streets. That was for strangers, not valued and known clients. Do we think that proportion of crooked lawyers is any different in Toronto, London or Barbados?

LSO Treasurer Paul Schabas (left) covered up fraud and money-laundering indicators for corrupt lawyer Gerald Ranking.

Law Society of Ontario Treasurer Paul Schabas knew that lawyer Gerald Ranking fraudulently used a fake business entity in Ontario courts, and that Ranking received a million dollars in a trust account for this phony purported client.

Intruding into this Law Society of Ontario dog and pony show are some serious facts that destroy the law society’s credibility to deal with apparent money-laundering by legal club member lawyers.

For instance, Law Society of Ontario Treasurer Paul Schabas was co-counsel with corrupt Fasken lawyer Gerald L. Ranking on a civil case where Ranking went wild with criminal misconduct. Schabas at the time was a bencher and a member of the law society’s discipline committee. (See ‘Paul Schabas and Canada’s Corrupt Bay Street Lawyers‘ for details and supporting court exhibits.)

What did Paul Schabas do when he learned that Gerald Ranking’s purported client in a civil case was actually a non-existent fictional creation?

Nothing. Absolutely nothing. Nada. Zilch.

What did Law Society of Ontario bencher Paul Schabas do when he learned that Gerald Ranking had received about a million dollars in a trust account for his ficticious non-existent client?

Paul Schabas and his law society knew that lawyer Gerald Ranking of Fasken Martineau DuMoulin LLP’s Toronto office fraudulently claimed that his purported client was a registered Barbados business – when in fact the ‘company’ was a phony non-entity conjured up to deflect liability from Ranking’s actual clients. Schabas and the law society also knew that Ranking received over a million dollars court costs payments in the name of the phony ‘company’ that Ranking knew didn’t really exist – a badge of money laundering.

What did Paul Schabas do when he knew that the million dollars could not possibly be deposited to the credit of the fake ‘business’ that the court awarded it to?

Nothing.

So you see… Law Society Treasurer Paul Shabas and the Law Society of Ontario cannot be trusted to administer, investigate and discipline lawyers who violate anti-money laundering rules, including the ‘know your client’ provisions.

And that was just one case. Here’s a few hundred more…

According to the Toronto Star’s Broken Trust investigation, in the last few years the Law Society of Ontario covered up and whitewashed hundreds of crimes by lawyers who committed criminal offences against their clients.

And now the Law Society of Ontario is proposing minor changes to the anti-money-laundering rules that will do little to stem the problem of money-laundering lawyers – the “servants in the architecture of corruption.”

It is time to bring Canada’s legal profession into compliance with modern standards of transparency, independent oversight and external accountability.

1 2 3 6