July 16, 2012 - Insist on the Rule of Law

Insist on the Rule of Law

In the case R. v. Campbell, 1994 CanLII 5258 (AB QB) it was explained that a trial properly under the "rule of law" can only be found in a court and before a judge which are "independent of any influence or pressure by the executive and legislative branches of government."

"The preamble to the Charter reads:

"Whereas Canada is founded upon prin­ciples that recognize the supremacy of God and the rule of law:"

"The "rule of law" here signifies that in proceedings in which a person is charged with an offence it is not the executive or legislative branches of government which decide whether the accused is guilty, or, if guilty, what the penalty will be. The rule of law requires that those decisions be made by a court which is independent of any influ­ence or pressure by the executive and legislative branches of government.

"It should be noted, in passing, that the rule of law and the guarantee of an independent tribunal require not only that the court be, and be reasonably perceived to be, inde­pendent of the other branches of government, but also that the judge be independent of influence or pressure by any other person such as the victim, or by the media or any special interest group, or even by any other judge." (emphasis mine)

Any court created by or who's procedure is directed by legislature is not a court wherein proceedings are governed by the "rule of law." Don't set foot in that court!

If we apply to a legislated court we consent to their authority and ruling.

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