February 1, 2013 - Rule of Law

Rule of Law

If recognition of the Rule of Law is, one of the founding principles for Canada per the Constitution Act, then where is it practised? The term “rule of law” as found in the supreme law of Canada, means, as Judge D. C. McDonald of the Court of Queen's Bench of Alberta wrote in R. v. Campbell, 1994 CanLII 5258 (AB QB):

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” ….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.” 

  • In Ontario, the Provincial Offences Act. R.S.O. 1990, CHAPTER P.33, a legislative act, governs the conduct of the Provincial Offences Court.
  • The Courts of Justice Act, R.S.O. 1990, c. C.43, a legislative act, governs the conduct of the Court of Appeal for Ontario.
  • The Courts of Justice Act - O. Reg. 722/94, a legislative act, governs the conduct of the Ontario Court (Provincial Division) in Appeals.
  • The Courts of Justice Act, R.S.O. 1990, CHAPTER C.43, a legislative act, governs the conduct of the Superior Court of Justice for Ontario.
  • The Federal Courts Act ( R.S.C., 1985, c. F-7), a legislative act, governs the conduct of the Federal Court of Appeals.
  • The Supreme Court Act (R.S.C., 1985, c. S-26), a legislative act, governs the conduct of the Supreme Court of Canada.

What other conclusion is there than: 

  • Canada has no court that is independent of the influence of the legislative branch of government. 
  • There is no recourse to the "rule of law" in Ontario/Canada. 
  • Justice, in these courts, is determined by legislators and by those who hold sway over the legislators. 

Being legislated courts then, these courts only have jurisdiction over a “person,” not over a man or woman.

Per Hague v. Cancer Relief & Research Institute, [1939] 4 DLR 191 (Man. K.B.):

"A legal person is anything to which the law gives a legal or fictional existence or personality with capacity for rights and duties. The only legal person known to our form of law is the corporation, the body corporate."

When I, as a man, wrote to the Supreme Court of Canada asking to be directed to a court of Common Law, the Director of Communication was right when she replied, “I regret to inform you that neither a judge nor the Supreme Court of Canada is able to be of assistance to you.

The solution? Read the Solution! to All Our Problems.

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. <><