November 26, 2012 - Courts of Common Law in Canada

Please read this carefully…

My questions emailed to the Supreme Court’s website:

Sent: Wednesday, November 14, 2012 12:16 PM
To: Reception-Réception
Subject: Courts in Canada and Ontario

Hi,
Can you direct me, which court in Ontario and/or Canada are courts of Common Law?
Regards,

*******************

November 19, 2012

Dear Sir:

On behalf of the Supreme Court of Canada, we acknowledge receipt of your email of November 14, 2012.  Your email has been referred to me for reply.

I regret to inform you that neither a judge nor the Supreme Court of Canada is able to be of assistance to you.  The Court is only empowered to consider matters that have arisen on appeal from the decisions of the highest courts of final resort of the provinces and territories, as well as from the Federal Court of Appeal and the Court Martial Appeal Court of Canada.

I would suggest that you contact a lawyer who would be able to advise you of the rights and remedies available to you.

Yours sincerely,
Chantal Portelance
DirectorCommunications Services

Reception
Supreme Court of Canada | Cour suprême du Canada
301 Wellington Street | 301, rue Wellington
Ottawa, Ontario K1A 0J1

Reception@SCC-CSC.CA

*******************

Dear Chantal,

Thank you for responding to my email of Nov. 14, 2012.
Can you clarify for me, are you saying that there is no court in Canada or the provinces that are courts of Common Law? 
Are all courts then are empowered by legislature?

Regards,

*******************

Dear Sir:

On behalf of the Supreme Court of Canada, we acknowledge receipt of your email of November 19, 2012.  Your email has been referred to me for reply.

The Supreme Court of Canada is Canada’s final court of appeal, hearing appeals from decisions of the highest courts of final resort of the provinces and territories, as well as from the Federal Court of Appeal and the Court Martial Appeal Court of Canada.  The Supreme Court’s jurisdiction is derived from the Supreme Court Act, as well as other Acts of Parliament, such as the Criminal Code. The Supreme Court Act can be found at the following link: http://laws-lois.justice.gc.ca/eng/acts/S-26/index.html.

With respect to the information you are seeking, which is information on how all other courts in Canada are established, we are not in a position to provide that research for you.  We would suggest that you contact library staff at a mayor public library or law library for assistance with your research.

Yours sincerely,
Chantal Portelance
Director, Communications Services

Reception
Supreme Court of Canada | Cour suprême du Canada
301 Wellington Street | 301, rue Wellington
Ottawa, Ontario K1A 0J1

Reception@SCC-CSC.CA

*******************

They apparently do not know of, or are unwilling to direct me, to the court which has jurisdiction in common law…

They do acknowledge that the Supreme Court of Canada is “empowered” by the Supreme Court Act, a legislative act, and therefore it follows that it is not "independent of any influence or pressure by the executive and legis­lative branches of government.” as required by the definition of “Rule of Law” in R. v. Campbell, 1994 CanLII 5258 (Court of Queen's Bench of Alberta).

Are we who are not “persons” then without a lawful recourse in Canada?

Jurisdiction of the Superior Court of Justice

"The Superior Court of Justice in Ontario has inherent jurisdiction, arising from Ontario’s common law traditions, over criminal, civil, and family cases. The Court has all the jurisdiction, power, and authority historically exercised by courts of common law and equity in England and Ontario. The Superior Court’s inherent jurisdiction gives it authority to hear any matter that is not specifically assigned to another level of court. The Court also has authority over matters granted to it by federal and provincial statutes. a complement of 242 federally appointed full-time judges and 75 supernumerary judges serve the roughly 13 million people of Ontario.” (emphasis mine)

Apparently, and per their website, the Superior Court of Justice is our only recourse to Common Law. In other provinces this is the Court of Queen’s Bench. However, be careful of the second highlighted clause. It may be important to demand a Common Law trial, otherwise, we’ll find ourselves in a legislative jurisdiction, i.e. in the status of a mere “person."

Use what you read here as a part of your research to establish your understanding.
Your actions remain your responsibility.
All natural rights reserved. © 2012 steven, a man. <><