No Judge Is Above the Constitution: Stop Judicial Abuse and Protect Canadians’ Charter Rights

My voice was ignored by the trial judge in the last day of the trial (October 30, 2026), so I wrote again to the court house (Trial Coordinator) in London Ontario an official email to confirm that the continued date set on February 16, 2027, is unfair as it seems that comply with the Respondent's Intention to avoid his cross-examination by me. Prejudice many judges in the Superior Court of Justice to someone who resides out Canada against a Muslim Canadian Mother who moved to Canada legally with protection from the Federal Government in 2021 is serious concerns that the hatered against muslims exceeds the public zoon to be involved by the judicial professional themselves, and despite abusing them to the Canadian Charter of the Constitution of Canada, no one stop them.!

Dear Trial Coordinator,

I respectfully request that this email be brought to the attention of Her Honour Justice Hassan regarding the scheduled continuation of the trial. Attached is the endorsement of adjourn the trial to February 16, 2027, which is Ramadan month and conflict with the Respondent's attendance before this hounorable court. 

As I raised before Her Honour during the October 30, 2026 hearing, I am seriously concerned that the proposed trial dates in February 2027 fall during the holy month of Ramadan and create a foreseeable scheduling conflict for the Respondent Father, who participates remotely via Zoom from Kuwait.

During February, specificlly the date set by Justice Hassan to continue the trial on Feb 16, 2027, during RAMADAN (Fasting Month), at 9:00 a.m. until 4:00 p.m. hearing in Ontario corresponds to 5:00 p.m. until 12:00 a.m. in Kuwait, which will conflict with the breaking the fasting time in Kuwait that around 05:35 p.m. (half hour of the beginning of the trial), and the prayer of Taraweeh "Ramadan's night prayer". The proceedings would therefore extend into the time of breaking the fast at sunset, followed by evening and Taraweeh prayers.  

I shared my concern on October 30, 2026, before Justice Hassan, which is particularly serious because the Respondent Father has previously  (immediately after completing my cross-examination) stated that he is "tired" of the trial and does not wish to continue attending the remaining proceedings. He indicated that he wished to rely on the evidence already presented during his cross-examination of me and proceed through written submissions instead. He also repeatedly requested that the Court accept the evidence he had presented during my cross-examination. The judge reply to my concerns that "this is her court and she has the right to control the trial procedures based on her authority" which raised my concerns more specially with facing reasonable ground of prejudice and biased in this trial commenced on June 11, 2026. 

This raises serious concerns that the Respondent may seek to avoid participating in the remaining trial proceedings, including being cross-examined by me, "as he mentioned many times before the judge".  

The trial is already well underway, having occupied 16 trial days, during which the Respondent Father has been afforded extensive opportunities to cross-examine me and challenge my evidence, and we are still in his cross-examination of my reply to his cross-examination! However, the Applicant Mother has not yet completed calling her witnesses, and the Respondent's presentation of evidence and my opportunity to cross-examine him remain outstanding. 

I also respectfully recall that Her Honour initially identified the two weeks beginning November 02, 2026, as available for the continuation of the trial. This would have allowed the proceedings to continue with the Applicant Mother's witnesses, followed by the Respondent Father's evidence and cross-examination, without the foreseeable scheduling conflict associated with Ramadan.

The Respondent Father indicated that he wished to seek legal advice regarding whether he could discontinue his attendance at the remaining trial proceedings and rely instead on written submissions. However, seeking legal advice about not attending the remainder of a trial that is already underway should not result in the Applicant Mother losing her opportunity to challenge the Respondent's evidence through cross-examination.

I further respectfully note that Justice Tobin identified the urgency of this family matter in July 2025, and Her Honour Justice Hassan has repeatedly emphasized the importance of completing these proceedings. Despite this urgency, 16 trial days have been devoted primarily to the Respondent Father's cross-examination of the Applicant Mother, while the remaining stages of the trial have yet to be completed. Granting the Respondent who resides in Kuwait an believable time to cross-examination the Applicant Mother must not prevent her rights as a Canadian citizen under the Canadian Charter of Rights and Freedoms, which forms part of the Constitution of Canada.

Based on the trial judge's statement and frequent changes of her mind and orders in the trial, I am therefore particularly concerned that the trial may be treated as urgent and proceed during Ramadan even if the Respondent Father does not attend, potentially leaving his evidence before the Court without my having had a meaningful opportunity to challenge it.  

With the greatest respect for Her Honour's authority and discretion to manage the proceedings in her courtroom, I respectfully submit that such discretion must be exercised consistently with the principles of procedural fairness and the parties' right to a fair hearing.  

My concern is not merely the inconvenience of the proposed dates. Rather, it is the foreseeable risk of an unequal process in which one party has been given extensive opportunities to challenge the other's evidence, while the other may be deprived of a corresponding opportunity.

  I respectfully request that the Court reconsider the February 2027 trial dates and schedule the continuation at the earliest suitable opportunity on November 16, 2026, as it was mentioned before, preferably before Ramadan, while avoiding January 2027 due to my son Baraa's final examinations.

I respectfully remind the Court that the previously available trial week in July 2026 was cancelled for the Respondent request of grant him break for his international vacation with his wife and his three children in Kuwait. Then the two weeks beginning November 02, 2026, was also cancelled to allow the Respondent Father an opportunity to seek legal advice regarding the consequences of not attending the remaining trial proceedings virtually via Zoom and instead relying solely on written submissions. I respectfully ask that similar consideration now be given to the children's educational needs and the Applicant Mother's responsibilities as their primary caregiver to avoid January. At the same time, I am requesting to consider again the week of November 16, 2026, to be the continued week of the trial procedure to ensure that the respondent must attend and provide his evidence virtually avoiding the conflict of the time in Ramadan, and grant the mother the right to cross-examine him. 

January 2027 is a particularly critical month for my son Baraa, who is in his graduating year and preparing for university admission. His final examinations during this period are important to his academic results and may directly affect his university admission opportunities. Although Baraa does not attend the trial, my required full-day attendance at court inevitably affects our household's daily routine, stability, and my ability to provide the educational and emotional support that my children ordinarily receive from me. As I previously explained before Her Honour, the prolonged trial proceedings have already placed considerable demands on our family. Scheduling additional full-day hearings during Baraa's final examination period would create further disruption at a particularly important stage of his education. I respectfully submit that Baraa's educational stability, his final examination results, and his future university opportunities deserve serious consideration when determining the trial schedule. These are significant matters affecting the children's best interests, rather than matters of personal convenience. 

Accordingly, I respectfully request that the Court avoid scheduling the trial during January 2027 or Ramadan and instead consider the earliest available alternative dates in November and December of 2026 that would preserve both the children's educational stability and the Applicant Mother's meaningful opportunity to complete her evidence and cross-examine the Respondent Father and ensure that the Respondent will be able to attend the full procedures in the trial virtually.

I remain fully committed to completing this urgent proceeding as soon as reasonably possible, while ensuring procedural fairness and protecting the children's best interests, and comply with the Canadian Charter of the Constitution of Canada.

The very truly,

A Free Muslim Canadian Woman,
The Applicant Mother - Ms. Lubna Aldahleh