Courtroom Equality in BC NOW
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It is hard to imagine any aspect of our economic, social, political and cultural life more important than equal access to the courts. Without equality in the courts, there is no justice, and without equal access to the courts, one's economic, social, cultural and political affairs must suffer deeply. When the system of government restricts one class of persons access to the courts for the benefit of another class of persons, the administration of justice is brought into disrepute and the public's faith in it dangerously eroded.
Impermissibly vague statutes mock the rule of law and scorn an ancient and well-established principle of fundamental justice: No one may be convicted or punished for an act or omission that is not clearly prohibited by a valid law. In accordance with Section 7 of the Charter, in a criminal context, a statutory provision must afford citizens fair notice of the consequences of their conduct and it must limit the discretion of those charged with its enforcement.
Our justice system is failing the public, due to it having been hijacked by a small group of people, who call themselves ‘The Law Society’. This private organization, which claims to be not answerable to the public or their representatives, have taken over the courts, and aggressively act to restrict people's access to justice. They have done so deliberately, deceptively, surreptitiously and with the apparent collusion of sitting Judges and elected politicians.
The problem lies in one little Section of the Legal Profession Act and the solution is very simple. There is an unacceptable level of ambiguity and vagueness found within it, and I believe it was intentional and has been grossly abused by the Law Society to hijack the public courts. This situation is partly responsible for the high cost and difficulty of accessing the courts, and one reason why the public is losing faith and confidence in the justice system.
All we are really asking for is clarity in the Act which determines our level of access to justice and helps to guarantee equality in the courts. All that is required is for one little 3-letter word be shifted 10 spaces in one Section of the Legal Profession Act. Or alternatively, for a judicial interpretation of that Section and examination of its logical corollary. The ambiguity and vagueness will then disappear, and the truth as to the applicability of that Act is revealed. When accomplished, the Law Society will no longer be able to rely upon that Act to restrict and hinder us seeking justice in the public courts.
As part of this campaign for equality and justice, I am writing a series of letters, articles, and essays to journalists, media outlets, MLA's, and key members of the Law Society, as well as preparing for possible action in the Human Rights Tribunal. You are invited to read those works in order to help you understand the arguments involved and to realize the fundamental importance to all other social endeavors of equal access to the courts, and equality when there.
We claim the right to justice and equality, especially in the courts.
We hold there is no justice in courts which do not recognize equality.
We claim statutory ambiguity is offensive to justice and opens to door to abuse. It is a sign of either negligence and incompetence or intentional deception.
We claim that Section 1.1 of the Legal Profession Act is ambiguous and vague and thus contrary to the fundamentals of justice enshrined in Section 7 of the Charter of Rights and Freedoms.
We demand an immediate amendment of that Section of that Act to express in the positive and without ambiguity or vagueness the parties and persons subject to that Act.
We demand it be done by shifting the adverb ‘not’ to a position that logically expresses the corollary of the existing wording.
We demand it be changed from this:
This Act does not apply to a person who is both a lawyer and a part time judicial justice, as that term is defined in section 1 of the Provincial Court Act, in the person's capacity as a part time judicial justice under that Act.
This Act does apply to a person who is both a lawyer and not a part time judicial justice, as that term is defined in section 1 of the Provincial Court Act, in the person's capacity as a part time judicial justice under that Act.
Further, we demand the Law Society of British Columbia refrain from seeking court injunctions or enforcement of the same secured against members of the public if the Legal Profession Act was inappropriately applied or used to secure those injunctions.
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