My name is Trevor Holsworth, as a result of the legal trauma, I never saw again the child whom I’d been a father to for 8 years ever again. I’m hundreds of thousands of dollars in debt, victim to CRA audits, but most significantly lost ALL of my legal rights, as did EVERY CANADIAN.
In my first experience with the family law system in British Columbia, I identified lawyers not complying with court orders, the B.C. Law Society not punishing lawyers breaking the law, refusing to protect the public and refusing to provide written reasons as they are required under their governing legislation.
My ex’s lawyer, Mr Stacey was not complying with a court order to provide me with a monthly trust account statement so there was no accountability for the funds in the trust account. Mr Stacey also wrote a fraudulent court order which did not reflect the Judges’ decision in court. I wrote to Mr Stacey and included the clerk’s notes so that he would correct the error which he refused to do. The consequence of that fraud resulted in my property going into foreclosure and Mr Stacey keeping all of the proceeds of the property and paying none of the debts. I obtained the transcript of the hearing to establish irrefutably what the Judge said so that the order could be corrected but when presented with the transcript of trial, Justice Shaw personally calls my ex-wife, the plaintiff, to the stand to provide hearsay evidence of what a judge said 6 months previously to refute the best evidence that any Canadian could produce, their own record of the hearing. I was floored, but not a person in that court room, not even my lawyer said a word and the trial proceeded. I wasn’t completely surprised, because I already knew that the two lawyers were working together to mislead the court about the trust account and other aspects of the case.
The child of my first ex’s, whom I met at 2 years old, the child whom I had loved and supported for 8 years of his life. I never saw him again. I was afraid for my safety, from the multiple break-ins at the 400 sq ft space that I had been deposited, and fear of abuses of the law. At the end of the court case, I was fighting against both of the lawyers to get them to comply with court orders and not alter evidence and not actually obstruct the course of justice, which they did do, deliberately misleading the court on multiple occasions. Who was paying for all of this? I was. they were billing my ex and me, and stealing from us and I was attempting to get them to comply with the law. The Judge in his reasons for decisions ignored ALL of the evidence that I provided and left me with a company which he stated as having a share value of $0 but valued it for the divorce at $295,000. Creditors seized everything else. I had no job, no income, CRA debts, and Judge ordered child support obligations to further cripple the injustice.
I made a complaint to the Canadian Judicial Council and they declared that it was not conduct, but the weighing of evidence of which Judges have a ‘judicial discretion’. I pointed out to them the problem this position might have in regards to the Canadian Charter of Rights, their governing document providing that justice must be “fundamental” and in criminal matters “fair and impartial” but they refused to correspond further. I made a further complaint regarding the conduct of the judge who wrote the letter and requested that the matter be put to Parliament for the checks and balances guaranteed by our Charter to be tested and they refused and called my complaint an “abuse of process.”
After two years of constant break-ins, abuses through both lawyers and judges I received counselling for post traumatic stress syndrome and was barely functional. Small tasks were a challenge and I contemplated suicide. Lawyers claimed that there was no basis for an appeal and it would be unsuccessful and I had zero confidence in the system due to the proven bias demonstrated by Justice Shaw at trial and the illegal conduct of the lawyers combined with the failure of the Canadian Judicial Council to do their duty.
As I investigated the history of the Canadian Judicial Council and the conduct of Justice Shaw I discovered that he had been the subject of a previous complaint where he had argued, as the Judge, to protect a self-represented litigant accused of possession of child pornography with intent to distribute. Judge Shaw justified his conduct as protecting Mr Sharpe’s constitutional right to freedom of expression. Police chiefs, concerned citizens across Canada and Parliament all argued for his dismissal, but he was left to abuse his power over me and destroy my family.
I made a complaint to the Minister of Justice and was told that there is no appeal from a decision of the CJC and he had no further authority. I made a Charter of Rights complaint to the Attorney General regarding my loss of Fundamental Justice and it was ignored. My follow-up emails were ignored or responded to by “we do not give advice to the public”. I contacted Prime Minister Justin Trudeau to inform him that his Minister of Justice was not performing his Duty and that did get a direct response from David Lametti but he attempted to pass my problem off as an individual issue and little else of any note. I followed up asking for confirmation of a number of other things as well to get his personal confirmation that he had received my Charter of Rights complaint but he has refused to respond.
The law is all pretty clear on all these issues and I have the documented evidence in very simple detail, except of course if the Court exerts the discretion to ignore all of it, in complete contradiction to Fundamental Justice, and the Rule of Law. The Court loses all authority due to the breach, the same as an Act of Parliament has no authority if it is in breach of the Charter. This is the reason we have the Charter of Rights because without it we are slaves. We heed the warning in the UN Declaration Human Rights:
“Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.”
The Rule of Law and Fundamental Justice is the basis of Democracy. The Courts are telling Canadians they do not have to provide us with Fundamental Justice and that they are above the law. I reported the issue to the RCMP corruption division and was told that any “further evidence that I provide would be ignored and destroyed.”. Since I am the evidence I understand the threat. I have attempted to contact the media. I have attempted to get legal advice from every possible authority including criminal lawyers, constitutional lawyers, and lawyer’s civil rights groups. No response or “we are not taking new clients at this time”
My current ex, works side by side with the RCMP as the Ambulance chief in my small town. She bypassed the terms of our separation agreement and takes me to Court as she is intimately aware of my previous experiences and wishes to abuse that vulnerability, and declares my income to have increased from $25k to $350K. Since I’ve already had my bank accounts seized by CRA I quickly lose my driver’s license and passport. My ex performed the official declaration of death in Peter DeGroot’s assassination by the RCMP in the City of Slocan instead of allowing him the right to a fair trial. Of course, I feel incredibly vulnerable.
I have pointed out to RCMP that they should not be arresting people as the courts are not providing “fair and impartial justice.” They have ignored me as they have when I have reported lawyers breaking the criminal code like fraud, contempt of court and obstruction of justice.
The Government is currently taking me to court alleging that I have not filed taxes and I am asking the Court, who will jail me if I fail to attend, how they intend on dispensing fair and impartial justice, but they have refused to respond every time. The problem obviously is pretty serious because essentially if they are not complying with the Charter, which they are not, then they are essentially running a protection racket and it’s extortion. That is something that they are unlikely to ever admit but I remain hopeful and I think it’s something that everyone here should be very concerned about. We don’t have a democracy if the Court does not protect the Charter of Rights and sees itself above the law.
Our judicial system must be held accountable to our Charter of Rights by Parliament, as provided by in the Constitution, regarding removal of judges.
– This involves communicating with Politicians, Media, Legal Scholars, Lawyers, and the general public.
– All of the evidence is in writing and saved in multiple locations and some of it is at the bottom of this page.
– We can offer assistance to people who require more information to protect themselves.
– There are serious potential risks to presenting this information but our duty as Canadians is to protect the Charter of Rights – a job that our paid and elected officials and should be doing!
– This is not an attempt to discredit these institutions, or stop people wearing masks or anything silly. This is about how our systems of justice work or as many of us know – do not work.
– We need Open Government, Accountability, Transparency, Access to Justice and for the Rule of Law to be applied and our Charter of Rights respected.
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Thank you for your time. I appreciate your taking the time to hear my story.
Letter from Judicial Council
– ‘judicial discretion’ to reject transcript
Letter to United Nations
– includes Charter of Rights complaint to AG / Minister of Justice David Lametti
Submission to Parliament
– unnamed gatekeeper refuses to submit
Letter from Ombudsman
– law society refuses to provide reasons for allowing lawyer to not comply with court order and alter court documents