July 15, 2012 - The Canadian Quasi Judicial System

The Canadian Quasi Judicial System

"The rule of law requires that (judicial) decisions be made by a court which is independent of any influence or pressure by the executive and legislative branches of government" (R. v. Campbell, 1994 CanLII 5258 (AB QB))

How can we, as individuals, have the justice when Canada's courts are the product of and governed by legislature? Check this out:

Courts of Justice Act R.S.O. 1990, CHAPTER C.43

Is there a court in Canada or the Provinces that is governed by the "rule of law" rather than statutes

It appears that, per section 11 of the above act that: "The Superior Court of Justice has all the jurisdiction, power and authority historically exercised by courts of common law and equity in England and Ontario." This reads as an acknowledgement rather than a conveyance of authority.

Common Law pertains to humans while statutes pertains to legal persons and only to a man or woman if they so choose—tacitly or actively—to allow it. Those who choose not to be recognized as a person before statutes can not be forced to do so.

Article 6 of the Universal Declaration of Human Rights and article 16 of the International Covenant  on Civil and Political Rights (ratified by CANADA and Ontario) state that:

"Everyone shall have the right to recognition everywhere as a person before the law."

In the Charter of Rights and Freedoms this government guarantees 'persons' the right to a fair trial.  

11. Any person charged with an offence has the right:

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

What about those of us who elect not to be 'persons'?

Is it possible for anyone to receive a fair trial when legislature, the creator of statutes, is also the entity that created and authorized the courts, governs the policy enforcers (police), hires the prosecutors, and selects their judges?

Is it only me or does something stink in all this?


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