Feb, 23, 2012 - Compelling Dilemma

Compelling Dilemma 

The Ontario Court of Justice is a court created by legislature. It is, for that reason, compelled by legislative statutes and not by the rule of law. Per their website we read:

As a “statutory” Court (a Court created by statute), the Ontario Court of Justice has that jurisdiction which is specifically given to it by the laws of Ontario and Canada. In broad terms, the justices of the peace of the Court have jurisdiction with respect to provincial offences, bail hearings and search warrants. Judges of the Court deal with a wide range of family law cases (including child protection, custody, access, support and adoption) as well as the overwhelming majority of criminal charges laid within the province.

The justice of the peace too is a provincial entity also compelled by statute and not the rule of law

Justices of the Peace Act, R.S.O. 1990, CHAPTER J.4
Appointment of justices
2.(1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint full-time justices of the peace. 2006, c. 21, Sched. B, s. 2.

compel verb (compels, compellingcompelledforce or oblige to do something, bring about by the use of force or pressure

Who or what gives jurisdiction to the justices of the peace since the Constitution Act, which is the supreme law of Canada, does not. 

As men and women do we have reason or lawful obligation to attend proceedings at these courts. Can we be compelled to attend? Is there hope of a fair trial since these courts, the Justice of the Peace, the statute by which we are charged, the police officer laying the charge, and the prosecutor are all in the employ of those who created the statutes by which we have been charged?

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