Tag: Justice J. Bryan Shaughnessy

Canada Federal Court refuses to release judge from Judicial Review of misconduct complaint

In an unprecedented decision the Federal Court also ordered the Ontario Superior Court Justice to personally pay the legal costs of a man he sent to prison.

The Federal Court of Canada has refused a motion to release a judge as a party in a Judicial Review of a Canadian Judicial Council ‘CJC’ decision concerning his alleged misconduct.

At issue is a CJC decision about the actions of Ontario Superior Court Justice J. Bryan Shaughnessy after a civil case hearing where the judge sentenced Donald Best, an unrepresented litigant, to three months in prison for civil contempt of court.

Judge secretly created new warrant of committal in a backroom. Secretly increased prisoner’s sentence off the court record.

Justice J. Bryan Shaughnessy ordered to pay legal costs.

After court had finished on May 3, 2013 and the prisoner had been taken away to serve his three month sentence, Justice Shaughnessy went to a backroom and secretly created a new warrant of committal that increased the prisoner’s jail time by a month. Justice Shaughnessy did this off the court record, out of court, without telling the prisoner and without placing the new warrant of committal into the public court record.

The judge gave the only copy of the warrant to prison authorities and ordered that the prisoner was not to have knowledge of the creation of the court order.

Senior lawyers shocked by Justice Shaughnessy’s misconduct

Justice Shaughnessy’s misconduct shocked many members of Ontario’s legal profession. Several senior lawyers, including a retired Crown prosecutor, examined the evidence against the judge and made comments such as…

“In all my years of practicing law, this is the most disgusting thing I have ever seen a judge do.”

“Reprehensible misconduct by a judge that undermines the very foundations of justice.”

“Shaughnessy’s misconduct is worthy of his removal from the bench.”

When the Canadian Judicial Council summarily dismissed a complaint against Justice Shaughnessy without an investigation, the complainant Donald Best filed an Application for a Judicial Review of the CJC’s decision – and named Justice Shaughnessy as a party.

Justice Shaughnessy then filed a motion asking the court to:

  • Release Justice Shaughnessy from being a named party to the Judicial Review.
  • Strike the majority of Donald Best’s affidavit evidence filed in the Judicial Review.
  • Strike parts of Best’s Application for a Judicial Review and modify the Judicial Review procedures.
  • Order that Donald Best, the Applicant for the Judicial Review, pay Justice Shaughnessy’s legal costs in the motion.

Condensed Order – click for large

Costs order against judge unprecedented in Canadian Legal History

The Federal Court of Canada denied every part of Justice Shaughnessy’s motion, and in an unprecedented decision in Canadian legal history, ordered that Justice Shaughnessy should personally pay $2,500 in legal costs to the complainant Donald Best: a man the judge had sent to prison.

Although this writer is open to correction, research to date indicates that this is the first time ever in Canadian, British and USA legal history where a judge has been ordered to personally pay the legal costs of anyone – let alone a person he sent to prison.

Justice Shaughnessy did not appeal the order of the court, which is now confirmed.

Nobody acting for the Public Interest

Lawyer Paul Slansky

In a move that many legal professionals find surprising, the Ontario Ministry of the Attorney General is not acting for the people of Ontario and the public interest, but instead is the personal lawyer for Justice Shaughnessy. The Attorney General of Canada apparently represents the Canadian Judicial Council and sided with Justice Shaughnessy in the hearing of his denied motion.

As Toronto defense lawyer Paul Slansky is acting for Donald Best, it appears that the public interest is unrepresented in an important matter concerning serious misconduct by an Ontario Superior Court Justice.

The date for the Judicial Review of the CJC decision has not yet been set, but is expected to take place sometime in 2017.

Written by Donald Best

Court Documents in the Public Record

January 17, 2017 Federal Court of Canada Order and Reasons (PDF 250kb)

April 14, 2016 – Notice of Application (PDF 711kb) by Donald Best for a Judicial Review of CJC decision.

April 27, 2016 Affidavit of Donald Best in two PDF files: Vol 1 (10.4mb) and Vol 2 (11.7mb)

December 2, 2016 Memorandum of Fact and Law (PDF 436kb) – Paul Slansky for Donald Best

Background   Read more

SHOCKER: Police secret investigation collected evidence of misconduct by Ontario Superior Court Justice J. Bryan Shaughnessy

 

Why are police investigating the Judicial Review of a Canadian Judicial Council decision? There are only a few possibilities – all troubling and some illegal.

Was Justice J. Bryan Shaughnessy the target of the police investigation? Chief of Police refuses comment.

Durham Regional Police launched a secret investigation soon after Toronto lawyer Paul Slansky filed an Application for a Judicial Review of a Canadian Judicial Council decision regarding Superior Court Justice J. Bryan Shaughnessy.

Internet records and correspondence with Chief of Police Paul Martin reveal that from at least May 31 to June 21, 2016, multiple Durham Regional Police investigators spent many days examining and downloading electronic evidence and legal documents filed in support of a judicial misconduct complaint by Donald Best against Justice J. Bryan Shaughnessy.

Police investigators also collected evidence supporting Donald Best’s Application for Judicial Review of the CJC decision. At least three police investigators worked at the same time using different computers and mobile devices in a major investigation that lasted almost a month.

Several police sources and former law enforcement personnel (including this writer) confirm that this was a major deployment of investigative resources by the Durham Regional Police.

Police Detectives accidentally exposed major investigation

The secret investigation was discovered because the police detectives were apparently unaware that their computers were connected to the Internet through an ‘assigned Internet Protocol number’ that is registered to the Durham Regional Police. (IP number 66.163.5.113)

The police detectives were also apparently unaware that visitor records of the targeted website, DonaldBest.CA, would show their Durham Regional Police origin, the type of computer or other device used, operating system version, screen resolution, physical location & postal code, browser program version, Internet service provider, visitor activities, visitor history and much more.

Hide My Ass VPN Service

Durham Regional Police adopt ‘Hide My Ass’ VPN

After Best’s lawyer Paul Slansky wrote a letter of concern to Chief of Police Paul Martin on June 15, 2016, police detectives started using the ‘Hide My Ass’ VPN virtual private network service to disguise their activities. This is a paid service, so either the Durham Regional Police or an individual police detective purchased a ‘Hide My Ass’ account in an attempt to conceal the ongoing investigation.

The police failed to correctly configure their ‘Hide My Ass’ software. As a result the DonaldBest.CA website administrator was still able to identify Durham Regional Police computers and document the continuing investigation. During the same time frame, many similar visits were traced to an IP number assigned to The Regional Municipality of Durham.

Chief of Police Paul Martin

Durham Regional Chief of Police stonewalls questions

Lawyer Paul Slansky’s letter to Chief Martin included evidence of the police investigation, asked for an explanation and confirmation that the investigation was official and authorized. (Letter and attachments available below.)

Mr. Slansky wrote to Chief Martin:

“My client is concerned about why this is taking place. He has committed no crime. Why is the DRPS investigating him or his website? He feels intimidated by these actions. In light of the past ‘off the record’ investigation* by the DRPS, that he was advised of by Detective Rushbrook, my client is concerned that this may not be an official DRPS investigation.”

Chief of Police Paul Martin stonewalled Best’s lawyer and refused to provide any information at all. The Chief’s Executive Officer simply replied:

“Your client’s public website is easily accessible by any individual who wishes to view it. No further response to your letter will be provided.”

CJC Executive Director Norman Sabourin

Who ordered the police investigation of a Judicial Review of a Canadian Judicial Council decision – and under what authority?

Was the intent of the police investigation to impact, interfere with or subvert the Judicial Review? Was the intent to intimidate a CJC complainant and his lawyer?

Was Justice J. Bryan Shaughnessy the actual target of the police investigation?

Superior Court Justice J. Bryan Shaughnessy

There is no doubt that the Durham Regional Police initiated a secret investigation after Best’s lawyer served and filed an Application for a Federal Court Judicial Review of the decision of the Canadian Judicial Council regarding Donald Best’s complaint about the misconduct of Justice J. Bryan Shaughnessy.

Best’s Application for a Judicial Review seems to have been the catalyst for the police investigation as for almost a year previously the DonaldBest.CA website published many articles about Justice Shaughnessy, his involvement in Best’s civil case and the CJC complaint against him. It was only when the Application for a Judicial Review was filed that the Durham Regional Police initiated their investigation.

Troubling Questions

  • What is the true purpose of the Durham Regional Police investigation? What were the investigation goals? How were the results intended to be used, and by whom?
  • Was Justice J. Bryan Shaughnessy the target of the police investigation? Was the investigation assigned to the Durham Regional Police because they are the local agency in Oshawa where Justice Shaughnessy usually sits?
  • Who ordered the investigation and under what authority in law?
  • Who knew about the investigation?
  • Who received reports or briefings about the police investigation?
  • What were the results of the police investigation?
  • Which senior police officers authorized this major deployment of investigative resources?
  • Was this an official investigation with an occurrence number, document trail and retention of records? Or, was it an improper backroom use of police resources for a private purpose as happened previously in 2009 & 2010 as already documented in court records of Donald Best’s civil case?*
  • What government and police databases were accessed during the investigation? What information was exchanged with other agencies and law enforcement agencies? Were other law enforcement agencies involved?
  • Were Crown prosecutors consulted?

Parties served with the Application for the Judicial Review:

  • Justice J. Bryan Shaughnessy
  • Attorney General of Ontario
  • Attorney General of Canada for the Canadian Judicial Council.

Did any of the served parties overstep their authority in ordering a police investigation?

Did anyone intend that the Durham Region Police investigation would be used to impact, undermine or subvert the Judicial Review of a Canadian Judicial Council decision – or to intimidate the complainant Donald Best or his lawyer Paul Slansky?

Who ordered the Police Secret Investigation? Some Possibilities…

Attorney General of Canada (AGC)
Canadian Judicial Council, Director Norman Sabourin

The first thought that occurs to this writer is that if the Attorney General of Canada or the Canadian Judicial Council wanted to use the police to conduct a secret investigation, they would naturally turn to the Royal Canadian Mounted Police. The RCMP is our national police service, and is headquartered in Ottawa near the AGC and the CJC.

On the other hand, either the AGC or the CJC could have requested an investigation by the Durham Regional Police – which is the local police service in Oshawa where Justice Shaughnessy usually sits.

If, however, the AGC or the CJC did order the police investigation, this raises extensive ethical and legal questions about the limits of each entity’s authority and mandate.

Ontario Ministry of the Attorney General (MAG)

As with the federal Attorney General, it seems reasonable that if the MAG wanted to order a police investigation of the Judicial Review, of Justice Shaughnessy or of the complainant to the CJC, Donald Best, that the MAG would have turned first to their own policing organization, the Ontario Provincial Police.

The Ontario Ministry of the Attorney General declared during a preliminary motion that it acts as Justice Shaughnessy’s personal lawyer, and not for the people of Ontario in this case. This again raises extensive ethical and legal questions if the Ontario Ministry of the Attorney General ordered the Durham Regional Police to conduct an investigation where the results could potentially be used in support of Justice Shaughnessy or to potentially impact the Judicial Review, the complainant or his lawyer in any manner.

Justice J. Bryan Shaughnessy

If Justice Shaughnessy, upon learning of the Judicial Review of the Canadian Judicial Council’s decision regarding a complaint of misconduct against himself, ordered or caused the Durham Regional Police to investigate the Judicial Review, the complaint, the complainant or his lawyer – is this an abuse of position, against any law or established ethics, guidelines or conflict of interest rules for judges?

I would be very interested in hearing from legal scholars as to the boundaries of proper behaviour for a judge, the CJC, the MAG and AGC in this case where it is proven that the Durham Regional Police conducted a major investigation concerning a judicial review.

About the only thing that we know for sure is that the Durham Regional Police secretly conducted a major investigation shortly after lawyer Paul Slansky filed an Application for a Judicial Review of a Canadian Judicial Council decision about a complaint of misconduct against Justice Shaughnessy.

As to who ordered the investigation and its purpose, the police know – but they aren’t talking.

Paul Slansky’s letter and Chief Martin’s reply

June 15, 2016 Slansky letter to Chief Martin (PDF 379kb)

June 30, 2016 Durham Regional Police response letter (PDF 140kb)

Donald Best’s Complaint of Misconduct against Justice J. Bryan Shaughnessy

See this article: Affidavit filed in action against Canadian Judicial Council, Justice J. Bryan Shaughnessy

Previous Unofficial Police Investigations

*In 2009 a Durham Regional Police officer conducted an unauthorized and probably illegal ‘on the side’ investigation of Donald Best, apparently to assist defendants in a civil case where Best’s corporation was the plaintiff.

Read: Canadian Police Expertise, Information and Resources illegally sold to major law firms.

Photo Credits

‘Hide My Ass’ logo courtesy of Privax Ltd. / HideMyAss.com

Durham Regional Police logo & Chief Paul Martin released to the public domain in unrestricted DRPS Annual Report.

Public domain photo of Justice J. Bryan Shaughnessy has been modified to remove others in the background and is a new work by Donald Best. The photo has been included to put context to the article. It’s use is the same as many Canadian news outlets that continue to publish photos of many Superior Court Justices who were or are under investigation by the CJC and other authorities.

Norman Sabourin, CJC Executive Director photo courtesy of The Lawyers Weekly

Colin Perkel – Toronto Star fake news hit piece targets lawyer Paul Slansky

Hired Gun Hit-Piece Journalist Colin Perkel

Colin Perkel’s new Toronto Star hit-piece targeting lawyer Paul Slansky contains such deliberately limited information that it can only be called fake news.

It is a real shame to see a career journalist like Colin Perkel writing agenda-driven propaganda at the behest of his corporate masters – when he must know that he is being used to deliver half-truths in furtherance of a cover-up of criminal behaviour by senior Ontario lawyers.

After his first hit-piece against my lawyer Paul Slansky, published June 21, 2016, Perkel did not reply to my offers to be interviewed.

At the same time, persons using the Toronto Star computer network downloaded from my website; court documents, audio files and exhibits that conclusively prove that Toronto lawyers Lorne Silver, Gerald Ranking and Sebastien Kwidzinski lied to the courts to convict me in absentia (while I was out of the country and unaware of the proceeding) of contempt of civil court.

Junior lawyer Sebastien Kwidzinski and senior Ontario lawyers Gerald Ranking, Lorne Silver deliberately lied to the courts.

The DonaldBest.CA articles that the Toronto Star reporters read also documented (supported by sworn affidavits and court transcripts) that no judge and no court has ever listened to the voice recordings that prove that I was convicted and jailed upon the deliberate lies, perjury and deception of corrupt Toronto lawyers Lorne Silver, Gerald Ranking and Sebastien Kwidzinski.

The judges who never listened to my audio recordings include Justice Susan Healey – whose comments Perkel loves to selectively quote in his articles. Perkel knows that truth, but the truth is not included in his commissioned hit-piece:

Justice Susan Healey made her decision and comments based upon the court record that excluded the voice recordings and other irrefutable evidence of illegal acts by the named lawyers.

Read more

Welcome. Hear the secretly recorded phone calls that the judges refuse to listen to.

by Donald Best, former Sergeant, Detective, Toronto Police

by Donald Best, former Sergeant, Detective, Toronto Police

I woke this morning to discover that I have already had hundreds of visitors to my website since midnight as a result of a very inaccurate Canadian Press story published yesterday afternoon.

Inaccurate or not, I welcome the CP news story because millions of my fellow Canadians can now read about my legal case for the first time in the mainstream news media. If the visitor trend continues, by the end of today several thousand people will also visit my website, hear the telephone recordings that no judge will listen to and read the court documents that prove the simple truths about what happened to this ordinary Canadian.

Please don’t take my word for anything. I welcome your scrutiny. Examine the court documents, listen to the recordings, read the transcripts and then make up your own mind about what happened with my case. And why it happened.

Why it happened is so important.

If you are one of the tens of thousands of Canadians who have been forced to represent yourself against professional lawyers in family or civil court; if as a self-represented litigant you’ve been subjected to resentment, abuse or anger by judges, lawyers and court staff; if you’ve been denied access to justice or discovered secret backroom deals about your case; if opposing lawyers set you up or lied to the judge; if a lawyer took every dollar you had, accomplished nothing and then walked away without a care when the money ran out… know that you are not alone.

There are thousands of us. We are telling our stories, educating, organizing and advocating for major reforms to the justice system and the legal profession. My story is just one more – but it is a rather powerful one, even if I do say so myself.

The Beginning

While I was traveling in Asia in November 2009, I spoke via telephone conference call with senior partners from some of Canada’s largest law firms. I told them many times during the conversation that I had not received a certain court order that they claimed to have sent to me.

As soon as the call ended, these same lawyers fabricated a false ‘Statement for the Record’ court document and lied to the judge – swearing in writing and later orally in court that I had confessed to them during the telephone call to having received the court order. They swore they delivered the court order to me via courier at a Kingston, Ontario address. They did not know that I was in Asia at the time.

On January 15, 2010 the lawyers placed their fabricated false evidence before the Ontario Superior Court in a rushed hearing that I was unaware of and therefore not present for. No lawyer spoke for me. Justice J. Bryan Shaughnessy believed the lawyers’ testimony as Officers of the Court, found me guilty in absentia (in my absence) of civil contempt of court and sentenced me to three months in prison and a fine. The court issued a warrant for my arrest and imprisonment.

Lawyers Gerald Ranking and Lorne Silver lied to the court, fabricated evidence.

Lawyers Gerald Ranking and Lorne Silver lied to the court, fabricated evidence.

Telephone Recording proves lawyers lied to the Judge.

Unfortunately for the lying senior partners, I had secretly (and legally) recorded our telephone conversation. This is why I can invite you to listen to the recorded conversation, and to read the certified transcript of that recording. Then you can compare that recording and the certified transcript to the false evidence that Toronto lawyers Gerald L. Ranking and Lorne S. Silver provided to the court to obtain my conviction.

Justice Shaughnessy’s dilemma and decision Read more

Affidavit filed in action against Canadian Judicial Council, Justice J. Bryan Shaughnessy

Superior Court Justice J. Bryan Shaughnessy

Superior Court Justice J. Bryan Shaughnessy

by Donald Best, former Sergeant, Detective, Toronto Police

by Donald Best, former Sergeant, Detective, Toronto Police

In the next few days I’ll be establishing a separate page devoted to my current Application for a Federal Court Judicial Review of the decision of the Canadian Judicial Council regarding my complaint about the misconduct of Justice J. Bryan Shaughnessy on May 3, 2013.

(Whew! Sometimes it takes a run-on sentence to accurately describe a lawsuit.)

Meanwhile, my lawyer Paul Slansky has filed on my behalf a supporting affidavit sworn by me on April 27, 2016.

You can download the affidavit in two PDF files: Vol 1 (10.4mb) and Vol 2 (11.7mb)

A senior Ontario lawyer examined the complaint and the evidence, and stated…

“In all my years of practicing law, this is the most disgusting thing I have ever seen a judge do.” 

Senior Ontario lawyer writes to Donald Best after examining the evidence against Justice J. Bryan Shaughnessy.

Background

March 31, 2016: Canadian Judicial Council refuses investigation of Justice J. Bryan Shaughnessy. CJC says “No misconduct”

Feb. 9, 2016: Judge J. Bryan Shaughnessy under investigation by Canadian Judicial Council

Dec. 2, 2015: Ontario Superior Court Justice J. Bryan Shaughnessy secretly increased prisoner’s jail sentence; in a backroom meeting, off the court record, without informing the prisoner.

March 9, 2016: Canadian Judicial Council remains silent on investigation of Justice J. Bryan Shaughnessy

 

Federal Court proceeding commenced against Canadian Judicial Council, Justice J. Bryan Shaughnessy

Court asked to rule on foundational issues concerning the Canadian Judicial Council and a Federal Judge.

by Donald Best, former Sergeant, Detective, Toronto Police

by Donald Best, former Sergeant, Detective, Toronto Police

On April 14, 2016, my lawyer, Paul Slansky, filed on my behalf a Notice of Application in the Federal Court of Canada; seeking a Judicial Review of the Canadian Judicial Council’s decision regarding my complaint against the Honourable Mr. Justice J. Bryan Shaughnessy for his actions on May 3, 2013.

The relief I am asking for is outlined in the Notice of Application, which is published here both as a .pdf file and in text below. Where the text and the .pdf file differ, the .pdf file is the accurate copy of the legal papers filed with the court.

It is my understanding that the issues before the court are far larger than just my personal case, and are of importance to all Canadians.

Legal professionals, lawyers and judges who read this Notice of Application will certainly recognize the serious implications of the issues brought forward in this court action.

This is a legal document and reads that way, so you might want to start with some of the articles previously published on DonaldBest.CA…

March 31, 2016: Canadian Judicial Council refuses investigation of Justice J. Bryan Shaughnessy. CJC says “No misconduct”

Feb. 9, 2016: Judge J. Bryan Shaughnessy under investigation by Canadian Judicial Council

Dec. 2, 2015: Ontario Superior Court Justice J. Bryan Shaughnessy secretly increased prisoner’s jail sentence; in a backroom meeting, off the court record, without informing the prisoner.

March 9, 2016: Canadian Judicial Council remains silent on investigation of Justice J. Bryan Shaughnessy

A copy of the Notice of Application as filed before the court can be download here in .pdf format: Notice of Application Best v CJC, Shaughnessy pdf – 900kb

As well, I publish the Notice of Application in text format below. (NOTE: The text below may contain formatting and other errors, and is provided only for online convenience. The .pdf file above is the only accurate copy of the papers filed with the court.)

As always, I remind my readers that this is still before the courts. If any person disagrees with anything I’ve published or wishes to provide a public response or comment, please contact me at [email protected] and I will publish your writing with equal prominence.

Court File No.: T-604-16

IN THE FEDERAL COURT OF CANADA

B E T W E E N:

DONALD BEST

Applicant

– and –

THE ATTORNEY GENERAL OF CANADA

and

THE HONOURABLE MR. JUSTICE J. BRYAN SHAUGHNESSY

Respondents

NOTICE OF APPLICATION

(Pursuant to ss. 18-18.1 Federal Courts Act,

and ss. 24, 52 of the Constitution Act, 1982)

TO THE RESPONDENT:

A PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the applicant. The relief claimed by the applicant appears on the following page.   Read more

Ghomeshi verdict highlights a Double Standard

Former CBC Radio host Jian Ghomeshi

Former CBC Radio host Jian Ghomeshi

Courts slam witnesses for lying, but one group gets a pass.

by Donald Best, former Sergeant, Detective, Toronto Police

by Donald Best, former Sergeant, Detective, Toronto Police

The reality in criminal courts is, like it or not, that if a major witness is exposed lying, fabricating evidence, grossly exaggerating or in any way modifying their evidence to better ensure a conviction, then the charges against the accused will likely be dismissed.

Jian Ghomeshi, the former CBC Radio host, was found not guilty on four counts of sexual assault and one count of overcoming resistance in connection with allegations made by three women. The judge overseeing the case, Ontario Court Justice William Horkins, said about the witnesses, “The act of suppression of the truth will be as damaging to their credibility as a direct lie under oath.”

Each of the three witnesses did not tell the truth, the whole truth and nothing but truth, therefore the judge tossed the charges.

Justice Horkins came down hard on the witnesses, going as far as to criticize the three complainants for their “willingness to ignore their oath to tell the truth on more than one occasion.” (Globe & Mail: Truth and deception: Ghomeshi verdict a good day for justice)

The judge found that the witnesses were on a mission to bring Mr. Ghomeshi down. In one of the thousands of e-mails Ms. DeCoutere exchanged with S.D, she said she wanted to see Ghomeshi “decimated.” Add the fact that each of the witnesses was caught lying to the court and you open the door for charges of conspiracy to obstruct justice and commit perjury. Those charges will not happen because the public would be outraged, but perjury is perjury even if the witness was sexually assaulted and is truly a victim.

Ghomsehi was a trial very much in the public eye, so everything had to be done according to the law as best as the judge could. Public interest and press scrutiny really do assist to keep judges on the straight and narrow.

Justice Horkins did what had to be done in the Jian Ghomeshi case. He followed the rule of law and ignored the political, public and other influences.

Double Standard when it comes to lying to the court

The judge’s action in Ghomeshi highlights a double standard in the justice system; the courts always condemn witnesses for lying – but regularly look the other way when lawyers lie to the judge and knowingly place false evidence into the court record.

Even when irrefutable evidence proves that lawyers fabricated evidence and lied to the court, the rules about perjury and obstruction of justice go by the wayside as the legal profession and the courts do everything possible to save fellow members of ‘The Club’ – even if it means sending an innocent man to jail.

Superior Court Justice J. Bryan Shaughnessy

Superior Court Justice J. Bryan Shaughnessy

In my case, Justice J. Bryan Shaughnessy convicted me in absentia (I was not present) of ‘contempt of civil court’ and sentenced me to three months in jail; during a hearing I was unaware of.

I was in Asia at the time when opposing lawyers rushed through a civil costs hearing over the Christmas season. At that hearing, lawyers Gerald Rankin and Lorne Silver lied to Justice Shaughnessy and knowingly placed false evidence into the court record.

The lawyers falsely told the judge in a written ‘Statement for the Record’ and also orally in court that, during a phone call with the lawyers, I told them that I had received a copy of a certain court order. In fact, during that phone call I told the lawyers over twelve times that I had not received the court order and would they please send it to me.

Later, when confronted with my letter to the judge accusing them of lying to the court and fabricating evidence, Mr. Ranking (Fasken Martineau DuMoulin LLP) and Mr. Silver (Cassels Brock & Blackwell LLP) doubled down on their corrupt activities and assured Justice Shaughnessy that their version of the events was true, that they categorically rejected my version and that I was therefore lying.

What Ranking and Silver did not know was that I had secretly recorded the phone call.  Read more

Canadian Judicial Council refuses investigation of Justice J. Bryan Shaughnessy. CJC says “No misconduct”

Norman Sabourin, CJC Executive Director & General Counsel

Norman Sabourin, CJC Executive Director (photo courtesy of The Lawyers Weekly)

“I have carefully considered your complaint and concluded that it does not involve misconduct. Accordingly, I will be taking no further action.”

Norman Sabourin
Executive Director and Senior General Counsel
Canadian Judicial Council

by Donald Best, former Sergeant, Detective, Toronto Police

by Donald Best, former Sergeant, Detective, Toronto Police

I have just received the below letter from Canadian Judicial Council Director Norman Sabourin, in response to my January 5, 2016 complaint about the actions of Ontario Superior Court Justice the Honourable J. Bryan Shaughnessy. (CJC 2016 Response Sabourin PDF 906kb download)

The letter is dated January 28, 2016. The envelope has an office postage meter date of February 3, 2016. Assuming that the CJC mailed the letter at Canada Post shortly after running it through the CJC’s office postage meter (and that it didn’t sit on someone’s desk) it took Canada Post almost eight weeks to deliver an ordinary mail letter from Ottawa to Barrie, Ontario.

That seems to be abysmal performance on the part of Canada Post. On the other hand, Mr. Sabourin messed up the postal code. So for whatever the reasons, I have just received the CJC’s decision about my complaint. Contrary to the indication on the letter, the CJC did not send the letter to me via email.

I invite my readers, and especially those involved in Canada’s Justice System who love the Rule of Law, to carefully consider the evidence of Justice Shaughnessy’s actions as reported in my articles here at DonaldBest.ca.

Feb. 9, 2016: Judge J. Bryan Shaughnessy under investigation by Canadian Judicial Council

Dec. 2, 2015: Ontario Superior Court Justice J. Bryan Shaughnessy secretly increased prisoner’s jail sentence; in a backroom meeting, off the court record, without informing the prisoner.

March 9, 2016: Canadian Judicial Council remains silent on investigation of Justice J. Bryan Shaughnessy

Then, I invite you to have a carefully considered read of Mr. Sabourin’s letter, and repeat after Mr. Sabourin: “…it does not involve misconduct…it does not involve misconduct…it does not involve misconduct.”

That any judge would do what Justice Shaughnessy did; illegally, vindictively, in secret, in a backroom and off the court record, is immensely disturbing to every lawyer I have spoken with.

“In all my years of practicing law, this is the most disgusting thing I have ever seen a judge do.” 

Senior Ontario lawyer writes to Donald Best after examining the evidence against Justice J. Bryan Shaughnessy.

I’ll be writing further about this subject in a while.

Photo of Norman Sabourin courtesy of The Lawyers Weekly.

Canadian Judicial Council remains silent on investigation of Justice J. Bryan Shaughnessy

Superior Court Justice J. Bryan Shaughnessy

Superior Court Justice J. Bryan Shaughnessy – Under CJC investigation.

“In the private sector, any business that failed to answer multiple letters over a 63 day period would soon be out of business. The CJC doesn’t have to worry about maintaining reasonable levels of service because it is effectively unaccountable to any outside person or organization.”

by Donald Best, former Sergeant, Detective, Toronto Police

by Donald Best, former Sergeant, Detective, Toronto Police

Neither the Canadian Judicial Council nor CJC Executive Director Norman Sabourin have replied to written requests as to the status of the CJC investigation of Ontario Superior Court Justice J. Bryan Shaughnessy.

The first request was simply acknowledged as ‘received’ by the CJC on January 7, 2016. Further requests were made on January 21, 2016 and February 4, 2016, but other than automatic confirmation of the receipt of the emails, there has been no reply from the CJC in 63 days.

In the private sector, any business that failed to answer multiple letters over a 63 day period would soon be out of business. The Canadian Judicial Council doesn’t have to worry about maintaining reasonable levels of service though; because the CJC is totally funded by tax dollars, operates without oversight and is effectively unaccountable to any outside person or organization.

The allegations, evidence and actual exhibits against Justice Shaughnessy, as well as copies of my letters to the CJC and Director Sabourin, can be read in my February 9, 2016 article:

Judge J. Bryan Shaughnessy under investigation by Canadian Judicial Council

I made a formal complaint to the Canadian Judicial Council, the organization mandated to investigate misconduct by federally appointed judges, however it appears that the organization is ‘going slow’ in its investigation of Justice Shaughnessy in an obvious strategy to enable a subject judge to wind down his caseload and retire without a completed investigation and resolution.

This is not in the public interest and I therefore decided to publish the complaint, all supporting evidence and my communications with the CJC so that Canadians can have transparency and be able to discuss this and similar incidents of serious judicial misconduct.

“In all my years of practicing law, this is the most disgusting thing I have ever seen a judge do.” (Senior Ontario lawyer writes to Donald Best after examining the evidence filed against Justice J. Bryan Shaughnessy.)

Judge J. Bryan Shaughnessy under investigation by Canadian Judicial Council

Superior Court Justice J. Bryan Shaughnessy

Superior Court Justice J. Bryan Shaughnessy

“In all my years of practicing law, this is the most disgusting thing I have ever seen a judge do.” (Senior Ontario lawyer writes to Donald Best after examining the evidence filed against Justice J. Bryan Shaughnessy.)

“It is obvious that, as previously documented by the news media in other cases, the Canadian Judicial Council is delaying and drawing out the process to enable a subject judge to wind down their caseload and retire without an investigation and resolution.

This CJC cover-up strategy is not in the public interest. Therefore, I have decided to ‘go public’ with the details of the complaint about Justice Shaughnessy’s serious misconduct, and will do so on February 9, 2016.” (Donald Best in a February 4, 2016 letter to Mr. Norman Sabourin, Executive Director, Canadian Judicial Council)

by Donald Best, former Sergeant, Detective, Toronto Police

by Donald Best, former Sergeant, Detective, Toronto Police

The Canadian Judicial Council is investigating Ontario Superior Court Judge J. Bryan Shaughnessy for serious misconduct involving the illegal and secret substitution of a court order; made in secret and off the court record in a deliberate, vindictive and premeditated extra-judicial abuse of his position and authority.

On May 3, 2013 after court had finished and I had been sentenced and taken into custody, Justice Shaughnessy then went to a backroom where he secretly increased my prison sentence, without a hearing, without informing me as a self-represented litigant, and arranged everything so I would not discover the increased sentence until told by the prison staff at some unknown time in the future.

It is a given that Justice Shaughnessy would not have committed this misconduct had I been represented by a lawyer, but as a self-represented litigant I was vulnerable and defenseless against his abuse of power.

I wrote about Justice Shaughnessy’s actions in a December 2, 2015 article published on my website, and included copies of Justice Shaughnessy’s original January 15, 2010 Warrant of Committal and his secretly substituted May 3, 2013 order that increased my jail sentence by a month without informing me.

20100115 Warrant Justice Shaughnessy SAN

20130503 Warrant Justice Shaughnessy SAN

(click photos to see full size*)

I made a formal complaint to the Canadian Judicial Council, the organization mandated to investigate misconduct by federally appointed judges, however it appears that the organization is ‘going slow’ in its investigation of Justice Shaughnessy in an obvious strategy to enable a subject judge to wind down their caseload and retire without an investigation and resolution.

This is not in the public interest and I have therefore decided to publish the complaint, all supporting evidence and my communications with the CJC so that Canadians can have transparency and be able to discuss this and similar incidents of serious judicial misconduct.

February 4, 2016 letter to CJC Director Norman Sabourin    Read more

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