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November 10, 2011 - Common Law and Provincial Courts

Common Law in Provincial Courts

In my experience, which involves five or six appearances in Provincial court, two in Appeals court, and one in Osgoode Hall, not once did the justice of the peace nor the judges give credence to or even acknowledge maxims of law, Supreme Court of Canada rulings, or principles of common law. They ignored them completely, finding reason to rule only on the facts of the charges and turning a blind eye to principles of law and whether or not the charges even had jurisdiction. Jurisdiction is assumed, never proven.

How does an individual defend themselves against a legal system that refuses to be lawful?

The "Rule of Law" has left the province! We are at the mercy of the CROWN—a fiction of law.

Fictitious plaintiff. A person appearing in the writ, complaint, or record as the plaintiff in a suit, but who in reality does not exist, or who is ignorant of the suit and the use of his name in it. It is a contempt of court to sue in the name of a fictitious party. Black’s Law Dictionary, 6th Ed. (13th reprint, 1998), p. 624. (underline is mine).

Fictio legis inique operatur alicui damnum vel injuriam “A legal fiction does not properly work loss or injury. Fiction of law is wrongful if it works loss or injury to anyone.” a maxim of law.

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