Please feel free to exercise your democratic rights to petition Parliament, copy this template, include your own name and the name of your member of Parliament, add your own words if you want and send.
My name is Trevor Holsworth. I am a resident of New Denver V0G 1S0 and Richard Cannings is my federal member in the House of Commons as a representative of the citizens of South Okanagan / West Kootenay.
The Canadian Judicial Council has written to me claiming that Judges have discretion in their decision to accept their official record, the transcript, the best and most relevant evidence that any Canadian could provide when disclosing fraud committed on a court order by a lawyer. Unfortunately in this instance the Judge went a step further and called upon the Plaintiff, a woman, to dispute the transcript and preferred the suborned perjury to my evidence, the transcript.
“The legal concept of discretion implies the power to make a choice between alternative courses of action. If only one course can lawfully be adopted, the decision taken is not the exercise of a discretion, but the performance of a duty”
Principles of Judicial Review, Discretion in Administrative Law
No Canadian is going to trust a legal system that denies them all evidence. Forcing them to “trust” by coercion is not legitimate in a democracy. Judges assert that their discretion cannot be challenged claiming judicial independence although that is not a valid legal argument.
“In public regulation of this sort there is no such thing as absolute and untrammeled discretion”, “abuse of power and corruption are always the exception” and “The rule of law operates…to constrain the exercise of arbitrary authority…no public official has the authority to make a decision that is arbitrary, improper, or in bad faith.” Supreme Court of Canada
R v Roncarelli [1959] S.C.R. 121
Judicial independence exists for the protection of the public, not the judges.
Parliament must face the reality that the Judiciary is claiming absolute and unreviewable discretion, a claim of absolute power, which is undemocratic, unconstitutional, and a threat to the safety of the Canadian Public.
“leads to the community’s frustration with the judicial system and eventually to a feeling of contempt for court proceedings”
R v Askov, [1990] 2 S.C.R. 1199
I will be serving every member of the House with the enforcement procedure of the Charter to have this matter heard by the only court of competent jurisdiction to do so, Parliament.
As a preliminary step to follow established procedure for the public to access Parliament I am asking for your support to sponsor a petition or private members bill to have this matter brought to the attention of the House of Commons.
Thank you for your attention to this matter. I attach for your information my communications with PROC, an identical letter was also sent to the Speaker of the House who did respond but PROC did not.
Trevor Holsworth
www.fundamentaljustice.com
Please feel free to exercise your democratic rights to petition Parliament, copy this template, include your own name and the name of your member of Parliament, add your own words if you want and send.
