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

April 30, 2016 Donald Best

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

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

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

March 31, 2016 Donald Best

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

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.