For Consideration:  Rule of Law Assistance Program

I wish to propose for consideration, an accessible complaints system program for all Canadian Federal Courts to provide support services to litigants when the judicial process errs in not following the Rule of Law.  Presently the option is to appeal, or file a complaint with the Canadian Judicial Council – consider the alternative:

These are the facts:

Most people cannot afford legal representation. Actually, more than 57% appear in court without a lawyer. Nonetheless, all parties go to court with a reasonable expectation that they will be treated in accordance with the Rule of Law, and treated with a basic level of honesty, and with faith that they will have access to justice.

To Err is Human but When Judges or Court Staff Don’t Follow The Law

Laws violating any part of the Constitution are invalid and may be unconstitutional.

The Rule of law, and equal justice under law, are the founding principles of our Constitution but sadly, peoples’ actual experiences, particularly with Family Court, tells a different story. Even when represented by a lawyer, seldom will anyone dare to question a judge who, for whatever reason, fails to apply the Rule of Law.

Although a judge’s authority is to make decisions based on law, too often decisions provide no reference, nor adhere to the relevant law. If one was to press as to what decision-making process the Judge used, the response is likely to be, “I made a decision and if you would like to appeal, you can certainly do that.”

Particularly with Family Court, there is little likelihood of appeal, so for a judge who has not followed the Rule of Law, there is no way to address an issue that is more likely to be procedural (pre-trial) but still can have a negative impact if not corrected.

If you agree that it’s time to focus on what we can do now to deliver access to justice for ordinary people with ordinary complaints with ordinary bank accounts;

If you agree that a plain simple accessible complaints system program could improve access to justice--equally to all litigants, both self-represented and represented by counsel;

Please consider taking the following action:

• Sign the petition
• Share the petition with your friends, family, colleagues, and networks
• Post the petition on your website and all social media platforms, and encourage your friends, family, colleagues, and networks to do the same

Please email me if you have any questions.

Thank you and I do hope that together, we can make real change happen!

- Marielle Rowan
marielleg@mymts.net
Filed for Divorce Nov 2017