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.”

News media shuns award winning corrupt ex-cop.

How Corruption destroyed a Police Officer’s Retirement Career.

Fasken Martineau lawyer Gerald Ranking (left) illegally hired OPP Sergeant Jim Van Allen to perform an illegal investigation to benefit Ranking’s clients.
by Donald Best, former Sergeant, Toronto Police

For almost two decades expert criminal profiler, behavioural analyst and threat specialist Jim Van Allen was the go-to expert for Canada’s largest news organizations. His prestigious Order of Merit of the Police Forces award practically guaranteed a lucrative post-retirement career.

As a Detective Sergeant in charge of the elite Ontario Provincial Police (OPP) Criminal Profiling Unit and continuing after his retirement, Van Allen made hundreds of appearances on television, radio and in the newspapers commenting on serial killers, stalkers and workplace violence. Crime writers, authors and professors published Van Allen’s expert opinions, quotes and interviews. He was a featured speaker on the lecture circuit and by all accounts was skilled at capturing an audience’s attention by entertaining as well as informing.

In his September 28, 2017 sworn affidavit, former OPP Commissioner Julian Fantino eviscerated Jim Van Allen’s integrity, character and professional standing…

News media Career Killer.

All that media attention started to vanish when the story of Jim Van Allen’s corruption as a police officer began to surface in filed court evidence during the Donald Best civil cases. A Google search doesn’t reveal any Van Allen interviews for several years, starting just around the time when the story of his corruption gained traction.

Then came further revelations from the Toronto Star’s investigative reporter Harold Levy that during the Goudge Inquiry into disgraced pathologist Dr. Charles Smith, Detective Sergeant Jim Van Allen’s evidence as an ‘expert witness’ in statement analysis was seen as a factor in falsely charging two innocent mothers with the deaths of their children. One mother, Louise Reynolds, spent two years in prison charged with murdering her daughter and was forced to give up her remaining daughter for adoption. All charges were dropped after the truth surfaced.

Van Allen’s Corruption in Police Service.

OPP Commissioner Julian Fantino was Detective Sergeant Jim Van Allen’s top boss.

“Had I known of (Jim Van Allen’s) transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct… 

“In no small way, Detective Sergeant Jim Van Allen violated his oath of office.

“Had I known about it at the time, I would have immediately ordered an investigation …with a view to possible provincial and/or criminal charges against Van Allen.”  

… former Ontario Provincial Police Commissioner Julian Fantino, September 28, 2017

The ‘coup de grâce’ to Van Allen’s news media career was the September 28, 2017 affidavit of Van Allen’s boss at the time of his corrupt acts in 2009 & 2010, former Commissioner of the Ontario Provincial Police Julian Fantino.

In his September 28, 2017 sworn affidavit, former OPP Commissioner Fantino eviscerated Jim Van Allen’s integrity, character and professional standing, saying…

  • “In no small way, Detective Sergeant Jim Van Allen violated his oath of office.”
  • “Detective Sergeant Van Allen’s conduct and behavior in relation to this case occurred while I was OPP Commissioner. Had I known about it at the time, I would have immediately ordered an investigation to gather all evidence to determine the details, extent and duration of his activities with a view to possible provincial and/or criminal charges against Van Allen and, potentially, charges against other involved persons.”
  • “The prosecuting lawyers hired and submitted an affidavit from Mr. Van Allen. They claimed that he was a private investigator and failed to disclose that he was a serving police officer with access to police resources. This police officer obtained confidential information not available to the public which was then used by the Judge to convict, sentence and imprison Mr. Best for contempt.”
  • “Although the lawyers regularly referred to Van Allen as a ‘private investigator’ in their legal documents and on the court record in verbal submissions and discussions with the Judge, Jim Van Allen was not a licensed private investigator. James ‘Jim’ Arthur Van Allen, was in fact a serving Ontario Provincial Police Detective Sergeant and manager of the OPP’s Criminal Profiling Unit who was working secretly and illegally as an unlicensed private investigator.”
  • “From my examination of the evidence that is already filed in court and was easily available to the courts and the CJC had they examined it, it is reasonable to conclude that OPP Detective Sergeant Jim Van Allen’s inappropriate employment as a private investigator, his access to confidential information and the distribution of the same, and the very creation of his affidavit in order to benefit private parties in a civil lawsuit, represents a flagrant violation of various Provincial and Federal laws including the Police Services Act, the Private Security and Investigative Services Act, the Criminal Code and the Freedom of Information Act.”
  • “It is inconceivable that all the involved lawyers and Judge were unaware that ‘private investigator’ and expert witness Jim Van Allen was an OPP police officer. Considering many factors, including Detective Sergeant Van Allen’s high public profile, the rules and normal vetting practices by lawyers and judges concerning Expert Witnesses, and the fact that Van Allen’s affidavit and redacted invoices were clearly suspect on their face to any ordinary person let alone lawyers and judges, it is unbelievable that nobody in that courtroom knew the truth about Van Allen or otherwise cared to find out.”
  • “I notice that Van Allen’s two redacted invoices are numbers 11 and 12 for the year 2009, which to me raises serious questions about how many other illegal investigations he had performed and which lawyer clients might have retained him previously. Had I known of his transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct.”

Court Documents – Redacted Identity Information (signatures, etc)

In .PDF format for downloading. Size indicated.

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.

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

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.

Attorney General of Canada desperate to stop Julian Fantino’s sworn testimony.

Former federal Cabinet Minister Julian Fantino

Federal Court of Canada rebukes Attorney General of Canada counsel Victor J. Paolone.

Attorney General of Canada counsel Victor J. Paolone apparently wasn’t happy with Julian Fantino filing an appeal in the case of Fantino’s application to intervene in the Best – Shaughnessy CJC matter. On January 24, 2018, over a month after the court accepted Fantino’s appeal notice, Paolone requested a case conference call with Madam prothonotary Aylen of the Federal Court of Canada – NOT the Federal Court of Appeal where Fantino had filed his case.

Madam Mandy Aylen is the Federal Court of Canada prothonotary (minor judge) who first denied Fantino’s application to internvene in the CJC Shaughnessy matter way back in October 2017. (See October 26, 2017 article here)

Paolone’s request to the Federal Court of Canada was unusual because the Federal Court of Appeal had a month previously accepted Fantino’s appeal – and now Paolone wanted to undo that – quietly in a little meeting and without a formal motion.

Paolone sent a letter to the other counsel saying he would write to the court to request a case conference call.

‘The Court’ … Paolone didn’t tell the other lawyers that he wasn’t writing to the Federal Court of Appeal where the case was now on file. He didn’t mention that he intended to try and get Prothonotary Aylen of Federal Court of Canada to hold the conference – even though that court was finished with the case.

What a slick move by Attorney General of Canada counsel Victor Paolone. Not quite in the ‘dirty tricks’ manual… but not the move of an upfront guy either! 

So how did Paolone’s slick move work out? Ha! The Federal Court of Canada delivered the following rebuke…   

“The Court is in receipt of a letter from the Attorney General seeking a case management conference in order to obtain direction from the Court as to the appropriate venue in which Mr. Fantino should pursue his appeal. The Court does not provide parties with legal advice. Moreover, there are currently no proceedings before this Court. Accordingly, the Court declines the Attorney General’s request for a case management conference.”

Julian Fantino’s bombshell affidavit

Both the Attorney General of Canada and Justice J. Bryan Shaughnessy filed notice that they intend to fight Julian Fantino’s appeal and application to intervene in the judicial review of the Canadian Judicial Council’s summary dismissal of a complaint against Justice Shaughnessy.

One can understand how Justice Shaughnessy would be terrified of Fantino’s sworn testimony as it exposes the truth about Shaughnessy’s behaviour which several senior lawyers and a retired Crown Attorney have called “despotic”, “disgusting”, “reprehensible”, “malicious” and “worthy of his removal from the bench.”

“It is not the rogue acts of a handful of judges that undermine our justice system, it is the cover-ups that do the most damage to the public’s trust and confidence in our courts.”

The real puzzler is why the Attorney General of Canada should be siding with a judge whose ‘disgusting’ misconduct is proven by irrefutable evidence straight from the official court record and transcripts. One would hope that the Attorney General of Canada would have the broader interests of Canadians and the integrity of the justice system in mind…

But… perhaps Victor Palone and the Attorney General of Canada believe that it’s all about protecting fellow club members when possible – and the public trust and rule of law be damned.

Justice Keith Boswell

Julian Fantino files appeal in the Donald Best, Justice Shaughnessy Canadian Judicial Council case.

Julian Fantino, former Commissioner of the Ontario Provincial Police, applied to intervene in the CJC / Justice Shaughnessy case by filing an application and supporting affidavit sworn September 28, 2017. On October 25, 2017, Prothonotary Mandy Aylen rejected Fantino’s application.

Fantino then filed an appeal of the rejection, to be heard on November 20, 2017 prior to the Judicial Review – however on Thursday afternoon, November 16, 2017, effectively one business day prior to the court date, Justice Keith M. Boswell issued an order that Mr. Fantino’s appeal would not be heard and would be scheduled for General Sittings. But – the Judicial Review would go ahead anyway without Mr. Fantino’s intervention or waiting for another court to hear his appeal.

Justice Boswell constructively dismissed Julian Fantino’s appeal – so Fantino’s lawyer, Bill McKenzie, filed an appeal which has yet to be scheduled. You can read Fantino’s notice of appeal here.

Here are some of the recent documents filed in the case…

January 26, 2018 – Direction of Madam Prothonotary Aylen refusing Victor Paolone – AGC request for case management conference call. (pdf 182kb)

January 8, 2018 – Attorney General of Canada – Victor Paolone Notice of Appearance in Fantino appeal. (pdf 508kb)

December 15, 2017 – Julian Fantino Notice of Appeal of Justice Boswell decision. (pdf 723kb)

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 left 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

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

Lawyer Paul Slansky filed Best’s appeal

Victims’ Rights advocates mobilizing.

Donald Best has filed an appeal of Justice Keith M. Boswell’s dismissal of Best’s application for a judicial review of a Canadian Judicial Counsel decision.

Mr. Best had complained to the Canadian Judicial Council alleging serious misconduct by Justice J. Bryan Shaughnessy during a 2013 hearing where Best had asked Justice Shaughnessy to set aside his 2010 conviction obtained in absentia (in Best’s absence) for contempt of court in a ‘trial’ that Best had not be informed of and therefore did not attend.

Best had been convicted in 2010 in his absence upon the provably fabricated evidence, deliberate written and oral lies placed before the court by corrupt Toronto lawyers Lorne Silver and Gerald L. Ranking of the Cassels Brock and Fasken law firms.

Justice Shaughnessy’s misconduct on May 3, 2013 is described by former Commissioner of the Ontario Provincial Police Julian Fantino in a sworn affidavit:

  • “Court ended and the Judge (Shaughnessy) left the courtroom. The courtroom staff ended their duties and Mr. Best was taken away to prison. Then, in Mr. Best’s absence, in a backroom and off the court record with no transcript and no endorsement on the record, the Judge secretly created a new Warrant of Committal and increased Best’s time to be served in prison by 50%… this new secret Warrant of Committal was given only to the prison authorities and was not placed into the court records.”
  • “There is no justification for this which appears to be a vindictive and punitive act and it needs to be closely scrutinized.” (Summary of Fantino’s bombshell affidavit and full copy here.)

Best complained about Justice Shaughnessy’s misconduct to the Canadian Judicial Council, but CJC lawyer Norman Sabourin summarily dismissed Best’s complaint without an investigation, without examining court records and without interviewing Best or any witnesses. Best then filed an application with the Federal Court of Canada for a Judicial Review of Sabourin’s decision.

After a two day hearing on November 20 and 21, 2017, Justice Keith M. Boswell dismissed Best’s application and issued his decision and reasons on December 14, 2017.

Best’s lawyer, Paul Slansky, now filed an appeal that can be downloaded and read in full here. (Best Appeal 20180115 pdf 2.3mb)

Victims’ Rights advocates rip into Justice Boswell’s decision

While Mr. Best’s position is that Justice Boswell’s decision was seriously flawed in many areas, victims’ rights groups are focusing on one issue:

Some victims’ rights advocates are mobilized by Justice Boswell’s declaration that the rights of a victim or complainant are not at stake in a criminal trial or complaint of misconduct.

Paragraph 9(e) of lawyer Paul Slansky’s appeal application for Donald Best says the following:

“It would be an affront to all victims of crime or misconduct to say, as the application judge (Justice Boswell) has said, that the rights of the complainant are not at stake in a criminal trial or complaint of misconduct. The finding of wrongdoing and the sanction flowing from such a finding engage the rights of the complainant. While one focus of a criminal trial is the rights of the accused, the right of the complainant, who seeks vindication and sanction for the wrong done to him or her cannot be ignored. The same applies in respect of complaints of misconduct against any professional (lawyer, engineer or judge, etc.).”

The Canadian Judicial Council’s whitewash of Justice Bryan Shaughnessy’s misconduct is not being left unchallenged, and now it appears that Justice Boswell’s written decision has also caused grave concern among victims’ rights advocates.

Although it has been only a few weeks since Justice Boswell released his decision that denigrated victims of crime, several victims’ rights advocates contacted Donald Best expressing interest in his case and the appeal. There is more to come on this development.

Until the justice system and the legal profession strictly adhere to the Rule of Law and adopt modern standards of transparency, independent oversight and external accountability, Canadians cannot truly say that the justice system and courts belong to all of us.

Justice Keith Boswell

Decision of Justice Keith M. Boswell

20171214 Full decision of Justice Boswell here. (.pdf 1.5mb)

Donald Best’s Application to Appeal Boswell Decision

20180111 Best Boswell Appeal Notice (.pdf 2.3mb)

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 left 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

Retired Ontario Provincial Police Inspector Bill Van Allen publicly attacks Julian Fantino for exposing brother’s corruption

Donald Best highly recommends Bill Van Allen’s Criminal Investigation textbook.

Corrupt cop’s brother attacks Fantino in National Post.

I like and respect retired OPP Inspector Bill Van Allen although I’ve never met him. We do seem to have a difference of opinion about his brother, former OPP Detective Sergeant Jim Van Allen. Since Bill has publicly jumped into the discussion by launching Ad hominem attacks against former OPP Commissioner Julian Fantino and yours truly in the National Post, I’ll pick up gauntlet here and lead Bill through the overwhelming and irrefutable evidence that proves corrupt and illegal acts by his brother Jim.

(Interesting that Bill Van Allen’s National Post comment doesn’t mention that he has skin in the game as his brother is the retired OPP officer whose criminal misconduct Fantino condemns in his affidavit. Also interesting is that Bill Van Allen does not (because he cannot) argue against the evidence that shows his brother committed corrupt acts. Bill can only question Fantino’s motives and call me ‘delusional’ – the very essence of an Ad hominem attack.)

Bill publicly attacked former Commissioner of the Ontario Provincial Police Julian Fantino for filing a sworn affidavit that includes evidence that Bill’s brother Jim Van Allen – also a retired OPP officer – committed provincial, federal and criminal offences while he was a Detective Sergeant in charge of the OPP’s elite Criminal Profiling Unit.

In this case, Bill’s affection and loyalty to his brother has caused him to ignore the overwhelming evidence and to publicly attack a fellow (former) police officer for breaking the silence, the Omertà, of the police brotherhood by exposing corruption in the ranks.

I wish I could say that this was the first time I have seen a police officer attack another police officer for exposing corruption, but sadly it is all too common.

In the mid-1980s when it became known that my Toronto Police colleagues and I had successfully infiltrated a corrupt downtown squad and were starting to arrest police officers, we couldn’t park our personal cars anywhere near the station. Calls in the middle of the night to our families, locker room threats and bullying by senior officers was the collective response to our anti-corruption investigation. My squad soon had to move from downtown to a secret office that wasn’t even at a police facility.

The most difficult part of any anti-corruption investigation is not the work itself, but the attacks that always follow as various cabals try to save valued friends and family members from prosecution and disgrace.

Retired OPP officers Jim Van Allen (left) and brother Bill Van Allen

The Evidence against Jim Van Allen

It’s unfortunate that Bill’s brother Jim created his situation by corruptly taking a few thousand dollars ‘on the side’ from lawyers who wanted access to the confidential police information that Jim Van Allen illegally provided.

You can understand how a man would want to defend his brother – but if Bill Van Allen is truly In Search of the Truth, he might want to start by looking at the invoices that his brother issued to the lawyers who hired him.

That’s right – Jim Van Allen issued at least two invoices to Fasken law firm and lawyer Gerald L. Ranking that detail his corrupt employment as an unlicensed private investigator. (October 24, 2009 and November 7, 2009)

Bill might also want to look at Jim Van Allen’s October 21, 2009 affidavit wherein Jim illegally details my drivers licence number and address history and confirms that he received my confidential Toronto Police employment record. And yes, Jim swore his affidavit on a Wednesday, his normal workday as manager of the OPP’s Criminal Profiling Unit. Very profitable for Jim Van Allen to double-dip – get paid for being on duty and get paid for doing private work on the side while on duty. Very profitable indeed.

Bill Van Allen launched Ad hominem attacks against Julian Fantino and Donald Best in the National Post, but cannot argue against the overwhelming quantity and quality of evidence detailed in Julian Fantino’s affidavit.

Readers can view a summary of Fantino’s affidavit here.

Full copies of Julian Fantino’s affidavit are available below.

What Julian Fantino’s Affidavit says about Corrupt Cop Jim Van Allen

  • “The prosecuting lawyers hired and submitted an affidavit from Mr. Van Allen. They claimed that he was a private investigator and failed to disclose that he was a serving police officer with access to police resources. This police officer obtained confidential information not available to the public which was then used by the Judge to convict, sentence and imprison Mr. Best for contempt.”
  • “Although the lawyers regularly referred to Van Allen as a ‘private investigator’ in their legal documents and on the court record in verbal submissions and discussions with the Judge, Jim Van Allen was not a licensed private investigator. James ‘Jim’ Arthur Van Allen, was in fact a serving Ontario Provincial Police Detective Sergeant and manager of the OPP’s Criminal Profiling Unit who was working secretly and illegally as an unlicensed private investigator.”
  • “From my examination of the evidence that is already filed in court and was easily available to the courts and the CJC had they examined it, it is reasonable to conclude that OPP Detective Sergeant Jim Van Allen’s inappropriate employment as a private investigator, his access to confidential information and the distribution of the same, and the very creation of his affidavit in order to benefit private parties in a civil lawsuit, represents a flagrant violation of various Provincial and Federal laws including the Police Services Act, the Private Security and Investigative Services Act, the Criminal Code and the Freedom of Information Act.”
  • “In no small way, Detective Sergeant Jim Van Allen violated his oath of office.”
  • “Detective Sergeant Van Allen’s conduct and behavior in relation to this case occurred while I was OPP Commissioner. Had I known about it at the time, I would have immediately ordered an investigation to gather all evidence to determine the details, extent and duration of his activities with a view to possible provincial and/or criminal charges against Van Allen and, potentially, charges against other involved persons.”
  • “It is inconceivable that all the involved lawyers and Judge were unaware that ‘private investigator’ and expert witness Jim Van Allen was an OPP police officer. Considering many factors, including Detective Sergeant Van Allen’s high public profile, the rules and normal vetting practices by lawyers and judges concerning Expert Witnesses, and the fact that Van Allen’s affidavit and redacted invoices were clearly suspect on their face to any ordinary person let alone lawyers and judges, it is unbelievable that nobody in that courtroom knew the truth about Van Allen or otherwise cared to find out.”
  • “I notice that Van Allen’s two redacted invoices are numbers 11 and 12 for the year 2009, which to me raises serious questions about how many other illegal investigations he had performed and which lawyer clients might have retained him previously. Had I known of his transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct.”

Julian Fantino affidavit & exhibits

In .PDF format for downloading. Size indicated.

1/ Affidavit of Julian Fantino sworn September 28, 2017, Notice of Motion, Written Submissions NO EXHIBITS (72 pages – PDF 8.7mb)

2/ Julian Fantino: Full affidavit including exhibits.

Fantino Vol1 with exhibits sworn Sept 28, 2017 (344 pages – PDF 43mb) – very large, will fix soon.

Fantino Vol2 with exhibits sworn Sept 28, 2017 (245 pages – PDF 22.3mb) – very large, will fix soon.

Bill Van Allen’s book, Criminal Investigation: In Search of the Truth

Bill Van Allen’s book ‘Criminal Investigation: In Search of the Truth‘ is an excellent textbook for new and aspiring law enforcement officers. The book is widely used in Canadian college policing courses and is even popular with experienced police officers. A friend gave me a copy of the second edition for Christmas back in 2010. I’ve read it cover to cover twice and strongly recommend it to all serving police officers and private investigators no matter what their background or training. Yup… that’s me at the top of this article reading Bill’s textbook.

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 left 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

News media censorship of Julian Fantino’s Canadian Judicial Council intervention crumbles as Toronto Star publishes bombshell article

Former top-cop details evidence of corrupt acts by lawyers, police, judge

Four years after the Toronto Star first refused to cover the Donald Best story and deleted all mention of the name from the comments section of their website, the newspaper about-faced and published an article about former Ontario Provincial Police Commissioner Julian Fantino applying to intervene in Best’s judicial review about the Canadian Judicial Council and Justice J. Bryan Shaughnessy.

The Toronto Star article opens with the following bombshell statement:

“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.”

After the Toronto Star published first, the National Post, the Globe and Mail and a host of smaller outlets carried the same Colin Perkel Canadian Press story of corrupt acts by police, lawyers and a judge. (Toronto Star: Ex-federal cabinet minister Julian Fantino takes aim at judge, cops, lawyers)

Yes, Colin Perkel’s article contains important errors and omissions (some of which I correct below) and no link is provided to an actual copy of Fantino’s affidavit (pdf 8.7mb), but at least readers are now aware of an important story that was concealed from them.

The big story is that the after years of participating in a cover-up, the news media is finally acknowledging that this story is not going away, that it is important and that the supporting facts and evidence are as credible as they are disturbing.

In short, it seems likely that the Canadian news media came to the conclusion that the press could no longer withhold the Donald Best story from the public without further loss of credibility and relevance. It took the news media three months to mention Fantino’s September 28, 2017 sworn affidavit. Even then the media did not name any of the principal subjects in this story of corruption with the exception of Justice J. Bryan Shaughnessy whose name is on the official style of cause filed at court.

I’ll fix that naming omission in a moment, but first I want to address just a few of the important errors and omissions in Perkel’s article:

  • Contrary to the article’s statement that Justice Shaughnessy found me guilty of contempt of court in 2013, Shaughnessy found me guilty on January 15, 2010 at a civil court hearing that I was not told about and was not present for. Nobody represented me at the hearing. I was in Asia at the time.
  • Justice Shaughnessy convicted me based upon several lawyers’ provably false testimony – and also upon a deceitful affidavit by an ‘expert witness’ who concealed from the court that he was a serving Ontario Provincial Police detective sergeant corruptly taking bribes from the lawyers to provide them with access to confidential police information.
  • The lawyers falsely told Justice Shaughnessy in writing and orally on the court record that during a November 17, 2009 phone call with them, I had ‘confessed’ to receiving a certain court order. In fact I said exactly the opposite, that I had not received the order – but the corrupt lawyers lied to the judge. Too bad for the lawyers that I have recordings of the call that prove they lied to the judge.
  • I returned to Canada and applied to Justice Shaughnessy to remove my conviction and sentence. I presented forensically certified telephone recordings, transcripts and other credible evidence that proved the lawyers lied to the court to obtain my conviction.
  • At a hearing in May of 2013, Justice Shaughnessy refused to consider any new evidence showing my innocence. He did not listen to the recordings. He also refused to allow me to cross-examine the witnesses (lawyers and corrupt police) upon whose false evidence he had convicted and sentenced me in January 2010 while I was in Asia.
  • On May 3, 2013 Justice Shaughnessy refused to overturn my 2010 conviction for Contempt of Court and sent me to prison to serve the 3 month sentence he had already imposed in 2010.
  • After court ended on May 3, 2013, Justice Shaughnessy went to a backroom and there, off the court record and without a hearing, trial or transcript, secretly increased my prison sentence by 50% without notifying me. He secretly created a new warrant of committal with increased jail time 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.
  • Later, higher courts denied me the right to appeal my conviction 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.
  • I was not even allowed to cross-examine the lawyers and other witnesses that Shaughnessy relied upon to convict and imprison me. I was not allowed to cross-examine the corrupt Ontario Provincial Police officer. To this day, no court has listened to the forensically certified voice recordings of my telephone call with the lawyers that prove the lawyers lied to the court to convict and imprison me.
  • Every judgment of every reviewing court considered only the evidence that Justice Shaughnessy allowed. Every judgment of every reviewing court is tainted by the fact that Justice Shaughnessy and all the reviewing courts deliberately excluded the evidence that exonerated me. 
  • When I could not pay hundreds of thousands of dollars in previous court costs, the court refused to hear my appeal. I served 63 days in prison because I could not pay court costs awarded during a civil matter; with every minute spent in solitary confinement as I am a former police officer. Prison authorities said that solitary was the only place where they could keep a former police officer alive.

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

The People behind the Corruption

Here are the names referred to in Fantino’s affidavits, the supporting exhibits and the underlying case filings:

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

Lorne S. Silver – Corrupt lawyer with the Toronto office of Cassels Brock & Blackwll LLP law firm. Fabricated false ‘Statement for the Record’ on November 17, 2009. Falsely informed Justice Shaughnessy that Donald Best had ‘confessed’ during a phone call to receiving a court order. Conspired with Justice J. Bryan Shaughnessy and Gerald L. Ranking to backdate a court order ten full days. Admitted to putting Donald Best in prison to extort evidence and settlement in a different legal case filed in another jurisdiction – Florida.

Gerald L. Ranking – Corrupt lawyer with the Toronto office of Fasken Martineau DuMoulin LLP law firm. Fabricated false ‘Statement for the Record’ on November 17, 2009. Falsely informed Justice Shaughnessy that Donald Best had ‘confessed’ during a phone call to receiving a court order. Lied to the court about serving court documents upon Donald Best. Conspired with Justice J. Bryan Shaughnessy and Lorne Silver to backdate a court order ten full days. Fraudulently filed court papers for, and claimed to represent, a purported client that he knew was actually a fraudulent non-existent business entity. Received a million dollars in court costs for this non-existent entity – which money was undoubtedly laundered into a bank account that was not in the name of his phony purported client. Unlawfully hired and gave money to Jim Van Allen, a corrupt Ontario Provincial Police (OPP) officer, for illegal access to confidential police information. Directed Kwidzinski and Van Allen in crafting Van Allen’s deceptive affidavit. Admitted to putting Donald Best in prison to extort evidence and settlement in a different legal case filed in another jurisdiction – Florida.

Sebastien Kwidzinski – Previously junior lawyer with the Toronto office of Fasken Martineau DuMoulin LLP law firm. Now a corporate lawyer with Foresters Financial. Watched as corrupt lawyers Lorne S. Silver and Gerald L. Ranking fabricated false ‘Statement for the Record’ on November 17, 2009, said nothing when they placed the false evidence before the court to convict an innocent man. With Ranking, illegally hired corrupt Ontario Provincial Police officer Jim Van Allen to access confidential police data. Assisted Ranking and Van Allen in crafting Van Allen’s deceptive affidavit.

Corrupt OPP Detective Jim Van Allen (left) illegally made some cash on the side during the hunt for serial rapist / murderer Russell Williams

Detective Sergeant James ‘Jim’ Arthur Van Allen (OPP, now retired) Worked illegally ‘on the side’ as an unlicensed private investigator. Illegally took money from Ranking, Kwidzinski, Fasken law firm to provide confidential police information for use in a private civil action. Swore a deceptive affidavit that was used by Justice Shaughnessy to convict Donald Best of contempt of court. Surprisingly issued invoices to Ranking / Fasken Law Firm detailing his illegal activities. The invoices are filed as exhibits in the Donald Best case.

Former OPP Commissioner Julian Fantino swore in his affidavit:

  • “From my examination of the evidence that is already filed in court and was easily available to the courts and the CJC had they examined it, it is reasonable to conclude that OPP Detective Sergeant Jim Van Allen’s inappropriate employment as a private investigator, his access to confidential information and the distribution of the same, and the very creation of his affidavit in order to benefit private parties in a civil lawsuit, represents a flagrant violation of various Provincial and Federal laws including the Police Services Act, the Private Security and Investigative Services Act, the Criminal Code and the Freedom of Information Act.
  • “In no small way, Detective Sergeant Jim Van Allen violated his oath of office.”
  • “Detective Sergeant Van Allen’s conduct and behavior in relation to this case occurred while I was OPP Commissioner. Had I known about it at the time, I would have immediately ordered an investigation to gather all evidence to determine the details, extent and duration of his activities with a view to possible provincial and/or criminal charges against Van Allen and, potentially, charges against other involved persons.”
  • “I notice that Van Allen’s two redacted invoices are numbers 11 and 12 for the year 2009, which to me raises serious questions about how many other illegal investigations he had performed and which lawyer clients might have retained him previously. Had I known of his transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct.

Lawyer Andrew Roman and his client Iain Deane (right)

Andrew Roman – formerly senior partner with Toronto office of Miller Thomson LLP law firm. Sent threatening letter to directly to witness in controvention of Florida laws. Delivered legally privileged documents to his client Iain Deane and suggested they be published on website known for threats and harassment against Donald Best’s witnesses. Engaged in cover-up of anonymous threats to witnesses proven to have originated from Miller Thomson LLP’s Toronto office. Knew that co-counsel Ranking and Silver placed false evidence before the court but remained silent.

Surrounded by Law Society Benchers, newly elected Treasurer, Paul B. Schabas (centre), chairs his first meeting.

Paul SchabasBlake, Cassels & Graydon LLP lawyer defending lawsuit launched by Donald Best’s company. Member of the famed ‘Bay Street Boys Club’ and Treasurer of the Law Society of Ontario. Engaged in cover-up of anonymous threats to witnesses proven to have originated from Miller Thomson LLP’s Toronto computer network. Covered-up Andrew Roman’s illegal threatening letter to a witness. Knew and covered-up that co-counsel Ranking and Silver fabricated false evidence and that they lied to the court. Complaints to the law society about Schabas were whitewashed with no investigation and no independent review.

Justice Shaughnessy (r) & his lawyer, Law Society of Ontario bencher Peter Wardle

Justice J. Bryan Shaughnessy – Justice of the Superior Court of Ontario. Former Regional Senior Judge for the Central East Region. On November 12, 2009, Shaughnessy backdated a court order ten full days to November 2, 2009, immediately placing Donald Best into contempt of court for failing to deliver business documents on November 10th – three days before Shaughnessy actually made the order. In January 2010, convicted Donald Best of Contempt of Court for, among other things, failing to deliver documents on November 10th – three days before Shaughnessy’s order to deliver the documents existed.

On May 3, 2013, after court ended Justice Shaughnessy went to a backroom and there, off the court record and without a hearing, trial or transcript, secretly increased Best’s prison sentence by 50% without notifying Best, who was unrepresented by a lawyer. Shaughnessy secretly created a new warrant of committal with increased jail time 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.

Numerous other incidents of judicial misconduct as laid out in Donald Best’s complaints to the Canadian Judicial Council.

CJC Executive Director Norman Sabourin summarily dismissed Best’s complaint without an investigation and without providing reasons.

Norman Sabourin – Executive Director of the Canadian Judicial Council, summarily dismissed a complaint against Justice J. Bryan Shaughnessy by former Toronto Police Sergeant (Detective) Donald Best, without an investigation and in the face of irrefutable evidence that the judge went to a back room after court ended, and – off the court record – illegally made a secret new court order increasing the Best’s sentence by a month. Under Mr. Sabourin’s hand, the CJC regularly whitewashes complaints against judges and remains an organization with no transparency, independent oversight or public accountability. Mr. Sabourin acts as ‘gate-keeper’ to dismiss complaints without investigation – without so much as looking at the court file or reading a transcript showing the judge’s comments or actions.

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 left 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

 

Justice Keith M. Boswell dismisses Judicial Review of Canadian Judicial Council’s ‘Backroom Bryan’ Shaughnessy decision

Former President of the Progressive Conservative Association of PEI, card carrying Conservative for 30 years and current Federal Justice, Keith M. Boswell

Appeal of Boswell’s decision will cite gross errors.

by Donald Best, former Sergeant, Detective, Toronto Police

Justice Keith M. Boswell dismissed my application for a Judicial Review of the Canadian Judicial Council’s decision about my complaint against Justice J. Bryan Shaughnessy. Justice Boswell also awarded costs against me to the tune of $30,000. He orders that I must pay Justice Shaughnessy and the Attorney General of Canada $15,000 each within 30 days. (See full decision below.)

One business day before the start of the Monday, November 20, 2017 hearing Justice Boswell also announced that he would not accept evidence from former Commissioner of the Ontario Provincial Police Julian Fantino – notwithstanding Fantino’s stunning evidence of criminal and / or other offences by lawyers, police and Justice J. Bryan Shaughnessy.

Justice Boswell then elected to go ahead with the judicial review application hearing notwithstanding that Julian Fantino had appealed the court’s rejection of his application to intervene in the judicial review hearing.

Other than stating that Justice Boswell’s decision contains gross errors and that I will be appealing, I will not be commenting further on Justice Boswell’s decision and reasons at this time.

Readers are, however, able to discuss Boswell’s decision and whatever else their hearts desire in the comments section.

About Justice Keith M. Boswell

Mr. Justice Keith M. Boswell was appointed to the Federal Court as announced on about June 15, 2014 by then Attorney General Peter MacKay of the Harper Conservative government.

According to the Prince Edward Island Guardian Newspaper, Keith Boswell was a practicing insurance lawyer with the large Stewart McKelvey law firm.

“At the time of his appointment to the Federal Court, Keith Boswell had been a card-carrying Conservative for nearly three decades and past president of the Progressive Conservative Association of P.E.I.” … PEI Guardian Newspaper

Full Decision of Justice Keith M. Boswell

The full decision of Justice Boswell can be downloaded here. (.pdf 1.5mb)

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 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

Jimi Hendrix, the Dorsey Brothers and the Julian Fantino marijuana controversy

Career police officer and tough-on-crime politician Julian Fantino is the primary target of a Guardian U.K. article about retired senior police officers who now work with marijuana companies profiting from Canada’s legalization of the drug.

The article by The Guardian’s Toronto-based journalist Ashifa Kassam is a fair but short and therefore limited tale of the frustration of long-time marijuana legalization activists who see former police officers and large corporations capitalizing from their work while the activists are barred from the industry. Activists/dealers interviewed in that article and now facing criminal charges include Jodie and Marc Emery.

Left unsaid and uncovered in the article is why so many marijuana corporations hire former senior cops: because the corporations must convince both government and investors that organized crime and criminals are not part of their operations. Former senior police officers have the necessary skills and knowledge to keep organized crime from the industry.

I understand the injustice, real and perceived, and hope that Jodie and Marc Emery are spared a criminal record that would bar them from the industry – provided they now comply with the coming new legal standards.

Precedent for dropping Criminal Charges when law changes

There is, after all, precedent for dropping criminal charges against persons who committed ‘crimes’ when the law was about to change and decriminalize their activities. Abortionist Dr. Henry Morgantaler comes to mind as the Toronto Police actually protected Morgantaler’s operations during a period when abortion still criminally illegal but the government had announced that it was going to change the law.

Back to the marijuana issue; as Julian Fantino constantly tells the news media, he and his company have always engaged in lawful activities and as a police officer he didn’t make the laws; only enforced them without fear or favour according to the Rule of Law. We can’t have it any other way or we end up with despot police, prosecutors and judges who enforce or ignore laws according to class, tribe or payment of bribes.

Like it or not, Fantino and his fellow senior police officers obeyed the law in the past and have the skills that the industry needs now. But somehow, if seems just and fair that ordinary Canadians of otherwise good character and record should also have an opportunity in the new legalized marijuana industry.

Jimi Hendrix, the Dorsey Brothers and Marijuana

Times change and so do people. At fourteen years old I attended the May 3, 1969 Jimi Hendrix concert at Maple Leaf Gardens in Toronto. My mother, who had played piano with the Dorsey Brothers way back when and recognized musical talent, surprised me with a ticket to see Hendrix. My father was speechless but allowed me to go. After all, he knew that mom as a musician had been arrested for being underage in a bar in Chicago. (Much to their horror, Tommy and Jimmy Dorsey learned from the Chicago Police that ‘Maddy’ their piano player and my future mom, was only 15 years old and not 21 as she had claimed. That was go-to-jail-for-ten-years stuff back then.)

So I went to the Hendrix concert and while there, I may have heard rumours about some people inhaling second-hand marijuana smoke. In fact, I may have inhaled some second-hand marijuana smoke myself. Or maybe not so second-hand.

And I sure lied about it six years later during my employment interview with the Metropolitan Toronto Police Force.

Which is all to say that as the rules and laws change, we should take care to differentiate between evil criminals who harm people and ordinary Canadians who may have been a little naughty or even deliberately violated laws ahead of societal changes.

You can read more about Julian Fantino and the story that the Canadian news media won’t cover: Canadian News Media swarms Julian Fantino over marijuana business – Ignores Fantino’s sworn evidence of corrupt police, lawyers, judge.

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.

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

 

Canada’s new Supreme Court judge Sheilah Martin says courts should treat litigants with respect, be open, transparent. What does she think about Justice ‘Backroom Bryan’ Shaughnessy?

SCC Justice Sheilah Martin and ‘Canada’s Backroom Judge’ Bryan Shaughnessy (right)

Last Monday, Justice Sheilah Martin spent almost three hours meeting parliamentarians and generally laying out how she sees her role and the law. Of course she properly stayed away from specific issues that could come before the Supreme Court – but some of her words go straight to the heart of our justice system and the rule of law. Hopefully she will come down hard on courts that abuse their powers and authority.

Justice Martin’s Questionnaire for her appointment to the Supreme Court of Canada is a revealing document that shows her concern for the wrongly convicted and ordinary Canadians of many origins who are most often roadkill in our courts.

Overall, Martin stressed the need for judges to treat litigants with respect…

“You have to show respect in order to get respect,” she said.

She pushed back against the idea that judges’ rulings express their own views.

“The role of judges is a very different one than law professor or advocate. Judges decide based on proof, principle, precedent. We may call it a judicial opinion, but it’s not the personal preference of the judge. It has to be grounded in law, it has to be grounded in principle, there has to be an open, transparent, defensible reasoning, there has to be an explanation to the public, and it has to be clear and intelligible and has to meet the arguments that have been raised.” From the Star article New Supreme Court judge underscores need for judicial independence

How would Justice Martin view Bryan Shaughnessy’s disgusting misconduct?

Here is a sample from the September 28, 2017 sworn affidavit of Julian Fantino, former Commissioner of the Ontario Provincial Police, concerning Justice Shaughnessy’s conduct during the Donald Best civil contempt case:

  • “Court ended and the Judge (Shaughnessy) left the courtroom. The courtroom staff ended their duties and Mr. Best was taken away to prison. Then, in Mr. Best’s absence, in a backroom and off the court record with no transcript and no endorsement on the record, the Judge secretly created a new Warrant of Committal and increased Best’s time to be served in prison by 50%… this new secret Warrant of Committal was given only to the prison authorities and was not placed into the court records.”
  • “There is no justification for this which appears to be a vindictive and punitive act and it needs to be closely scrutinized.”

In other words, Bryan Shaughnessy, a Federally appointed Justice of the Ontario Superior Court, corruptly wielded his authority and power in secret, in a backroom, off the court record and with zero regard for the rule of law, transparency or accountability… just as one commonly sees in third-world backwaters where local despots misuse their authority for private purposes.

Further, Justice Shaughnessy was dealing with an unrepresented person who had already been taken away to prison. Justice Shaughnessy knew that he could get away with this abuse because the prisoner didn’t have a lawyer and was incapable of appealing the secretly increased sentence from prison. Further Best might not even be told by prison authorities about his increased sentence for weeks or months.

There is no doubt that our new Supreme Court Justice Sheilah Martin would slam Bryan Shaughnessy’s corrupt and secret backroom actions that undermined the public respect for the courts and brought the judicial system into disrepute.

Justice Shaughnessy should permanently resign from the bench as no lesser remedy is capable of repairing the damage he has done.

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.

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.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets. Photo of Justice Martin via Alberta Courts public handout.

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

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