RCMP and Crown prosecutors illegally distribute Senator Mike Duffy’s email password to the public

In the Duffy case, the RCMP and Crown prosecutor committed a criminal offence under section 402.2(2)

A cynic might say that the corruption trial of suspended Senator Mike Duffy has produced no surprises, but that does not do justice to most ordinary Canadians who, despite all the standard jokes about politicians, expect and demand that laws, rules and standards should apply equally to all; including to those in positions of power and authority such as police, lawyers and Crown prosecutors.

As Ezra Levant points out in the above video, the Royal Canadian Mounted Police and Crown prosecutors released to the public, an unredacted version of Senator Duffy’s personal diary; including intimate communications with his wife, personal medical details and some of Senator Duffy’s Identity Information (as defined in the Criminal Code), including his email password.

Notwithstanding how disgusting it is that Canada’s national police agency and Crown prosecutors should have engaged in an act that is so obviously designed to embarrass and punish Mr. Duffy and his close family members, the release of Mr. Duffy’s email password is a criminal act, specifically prohibited by law in Canada. The fact that the reckless distribution happened in court documents is no excuse in law. Some would say the abuse of the court process makes the act even more reprehensible.

Best v Ranking civil lawsuit alleges prosecuting lawyers recklessly distributed to the public tens of thousands of documents containing Identity Information

As terrible as the actions of the police and the Crown are in the Duffy case, the amount of Identity Information illegally distributed pales in comparison with another case currently before the Ontario Superior Court.

In the Donald Best vs Gerald Ranking civil case, the plaintiff Donald Best alleges that defendants Gerald Ranking, Paul Schabas, Lorne Silver and others deliberately released and recklessly distributed to the public tens of thousands of unredacted privileged legal documents containing vast amounts of Identity Information and other personal and confidential information for Mr. Best, his family members and dozens of other persons who had nothing to do with the case before the courts.

In his March 31, 2015 affidavit asking the court to issue an injunction against the defendants, Mr. Best alleges:

“The defendants previously placed into the public domain, and recklessly distributed, tens of thousands of documents containing Identity Information and other private, confidential information for me, my family members and my company’s witnesses; and also for dozens and dozens of persons and entities who have nothing to do with me or my case.

As just one egregious example of thousands, defendants unlawfully took from the Orillia, Ontario law office of my company’s lawyers, the medical file of my lawyer’s dying mother, including end-of-life ‘do not resuscitate’ instructions to medical staff. The defendants and their ‘John Doe’ co-conspirators recklessly distributed this to members of the public, published it on the internet, and then filed it as ‘evidence’ with the court without notifying the judge. The defendants and their co-conspirators are still recklessly distributing this medical file in 2015. The defendants refuse to stop.”

Further, Mr. Best states:  Read more

Toronto ex-cop Donald Best served entire prison sentence in “brutal” solitary confinement

Solitary Confinement prison cell

Solitary Confinement prison cell: What you see is larger, but very similar to the spartan reality of Donald Best’s cell.

A new editorial in the Canadian Medical Association Journal declaring solitary confinement as “cruel and unusual punishment” is no surprise to former Toronto Police Sergeant (and former prisoner) Donald Best, who describes his time in solitary confinement as “brutal”.

The Canadian Medical Association editorial says:

“Is this acceptable practice or is this torture?

Solitary confinement, defined as physical isolation for 22 to 24 hours per day and termed “administrative segregation” in federal prisons, has substantial health effects. These effects may develop within a few days and increase the longer segregation lasts.

Anxiety, depression and anger commonly occur. Isolated prisoners have difficulty separating reality from their own thoughts, which may lead to confused thought processes, perceptual distortions, paranoia and psychosis.

In addition to the worsening of pre-existing medical conditions, offenders may experience physical effects, such as lethargy, insomnia, palpitations and anorexia.”

From the Canadian Medical Association Journal editorial, November 17, 2014: Cruel and usual punishment: solitary confinement in Canadian prisons  (website article)

Alternative: Download the CMAJ editorial as a PDF 74kb

National Post: Solitary confinement is ‘cruel and usual punishment’

Herald: Prison suicide report blasts Corrections Canada

Mr. Best does not easily speak of his time in ‘the hole’. He says that he witnessed terrible events in the ‘Administrative Segregation Unit’ as solitary is euphemistically named by prison authorities. Best saw things he had never before seen or even imagined; despite his 35+ years in public and private law enforcement and as a deep-cover investigator against organized crime. He saw prisoners eating their own faeces and worse.

The Canadian Medical Association editorial says that solitary confinement “has substantial health effects” and worsens pre-existing medical conditions. Best knows this to be true from firsthand experience.    Read more

Lawsuit claim: Faskens lawyer Gerald Ranking knowingly represented a phoney business entity, lied to the Supreme Court of Canada

lying lawyers Canada Barbados 5-SAN

Why would a lawyer name a non-existent business entity as his client in official court documents?

According to a recently filed lawsuit there are reasons why persons might use a phony business name in court; and strong evidence showing that this happened in the Nelson Barbados and Donald Best court cases.

A lawsuit and evidence filed in Ontario courts says that senior lawyers and their major Canadian law office fraudulently claimed to represent a fictional non-existent business entity they said was ‘PricewaterhouseCoopers East Caribbean Firm’ (PWCECF). None of the allegations has yet been proven in a court of law.

According to the Statement of Claim in the Donald Best v Gerald Ranking lawsuit, Fasken Martineau DuMoulin LLP lawyers Gerald Ranking and Sebastien Kwidzinski “fraudulently claimed to represent this non-entity and in the face of accusations to that effect, refused to provide proof to contradict clear evidence that (PricewaterhouseCoopers East Caribbean Firm) did not and does not exist. Instead, they repeatedly bluffed, misled and lied to the Superior Court, the Court of Appeal for Ontario and the Supreme Court of Canada, insisting that (PricewaterhouseCoopers East Caribbean Firm) did and does exist.” 

(See page 11, line 7 of the Best v Ranking Statement of Claim PDF 1.3mb)

Lawyer Gerald Ranking, Faskens law office and accountant Marcus Hatch have never been able to provide the official registration documents for ‘PricewaterhouseCoopers East Caribbean Firm’, despite seven years of requests, demands and accusations made on the court record by plaintiffs and their lawyers in various legal actions from 2007 to 2014.

Barbados lawyer Alair Shepherd Q.C. confirms Ranking’s purported client doesn’t exist, never has.

“Neither I, nor my staff, nor staff of the Barbados Government found any Government or other records indicating that ‘PricewaterhouseCoopers East Caribbean Firm’ exists, or has ever existed, as a legally registered entity in Barbados.”

(January 4, 2013 Affidavit of lawyer Alair P. Shepherd Q.C. PDF 794kb)

Where did the million dollars go?

Further, in 2010 almost a million dollars in court-ordered costs was paid to this purported business entity ‘in trust’ through lawyer Gerald Ranking and Faskens law office. If the business entity was and is phony as the plaintiff says, that money must have gone elsewhere. Would that be money-laundering by Ranking and Faskens law office? If the costs order was obtained by fraud upon the courts using a phony company, does that mean that the million dollars is ‘proceeds of crime’ as defined in the Criminal Code of Canada?   Read more

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