On March 14, 2008 Justice Chicoine’s decision arrived in the mail to my civic address with no date stamped on it. I called Mr. Dauncey the registrar as to when it was filed with the court and to fax me the first page of the decision they’d received.
He did this and when I received the front page I noted that it was dictated on March 06th, 2008, two years less a day from when arguments were heard.? His lengthy decision 3o plus pages would not have been typed-up on the 06th and sent to him in the mail by the 06th.
It was not even faxed to him then because the first page of the decision had only been stamped on the very date that the court clerk received it and subsequently stamped it. There was no facsimile number or address as would be expected on the cover-page if the decision (known as the Style of Cause) was faxed-because it was not.
Well the decision was received at the court house the same day as I received it but Mr. Dauncey denies this.
Before this registrar faxed me the Style of Cause he wrote over the date with a heavy black ink pen the number 6 over the stamped date of March 14th, 2008, of when it was received in their office. This is fraud and I see it as an obstruction of justice as I did other actions of his.
To top that off he told me it was faxed to all the lawyers and me right after, by the 08th of March, 2008-another deception-lie.
Justice Chicoine dictated his decision on this date which was purposeful and with intent as he rendered his decision in accordance with the two year Statute of Limitations now in effect and filing any other claim against any of these defendants would now be ‘statute barred’.
For me, and I believe my readers, this judicial action underlines that this was done to protect the defendants-public servants and those acting with them.
This is NOT non-partisan, fair and equitable justice for us as Canadians-is it?
Figuring that this is what was going on when Justice Chicoine took over the other lawsuit and protected Joyce LaPrise and showed utter disrespect for me, and refused to allow in new evidence, in fact refusing to even read it and so on.
Affidavits and documents attached to Tabs. THE BRICK WALL and SUPREME COURT – SCC detail the most significant concerns and issues.
If I was to proceed to perfect my appeal I requested that the lower court’s registrar Mr. Dauncey do the following:
1. Correct the filing date on the Style of Cause back to the stamped date;
2. Put the original fiat on the court file (as I could no longer find it);
3. Correct the court file record to show the chamber’s meeting of December 01, 2005
4. Provide a copy of your fax to myself with the decision which he claimed he faxed by March 08th to counsel and me.
* He refused to do any of this. – Why? – You be the judge!
* So a few months after this request, Mr. Watson, Q.C. wrote me in the fall of 2008 wondering when I was going to perfect my appeal.
I wanted to tell him/them ‘Leave Me Alone’. What I did do was to convey that my husband and I both had surgeries in 2008 with my husband’s being the more serious, and we were both recovering.
As well this whole judicial ordeal had placed us under a great deal of stress and they made it so that ‘it was a no win situation!’
Mr. Dauncey refused to make right the wrongs he’d done, and this court system could not be trusted and there was no way I would be successful. I even considered Justice Chicoine’s timing of his decision of two years less a day as an obstruction of justice at least a manipulation of it.
There was absolutely no incentive to perfect this appeal. As far as I was concerned it could sit in limbo til ‘hell froze over’ because what I was experiencing was ‘hell’; and that justice wasn’t blind; and the pleadings within the Claim which I’d found oppressive were just ongoing within the judicial system.
* Self-litigants are not lawyers but we’re not daft.
PERFECT IT – or risk ‘going to jail’
So in the spring of 2009, counsel with Mr. Watson Q.C. heading-up things, put an application forward to Justice Cameron for me to perfect my appeal.
A date was set for a hearing on the matter and I asked for more time based on stress. I refused to attend court for another misrepresentation of the facts Justice Cameron in his written order for me to perfect my appeal, was making the claim that I was late with filing my appeal. The registrar of the Saskatchewan Court of Appeal Ms. Lian Schwann (now a judge herself) deemed I was not late and this is why she allowed me to file an appeal.
If in fact I was late in filing my motion to appeal the decision of Justice Chicoine, how come the Register allowed it and why am I being ordered to perfect it with the threat of being prosecuted. It all made as much sense as many of their actions which I’ve documented.
The lack of agreement on any matter kept them in control of their own court room /processes, having no continuity. I thought of not doing it and allow justice to take its’ own course, as it was doing anyway. To be prosecuted and go to jail was not an option since my family needed me. So I decided to obey this Order to Perfect my Appeal and finish this entire legal mess.
The length of time it took for this Order to be made helped counsel. Now it would appear that counsel had ‘sound rationale’ for the Court of Appeal registrar to request Mr. Watson, Q.C. (lawyer for defendant, Dr. E. Ivanochko) to do my Appeal Book.
Initially the registrar tried to convince me that I did not need an Appeal Book at all. That did not seem a ‘good ‘ as it would formulate the basis of my appeal argument.
It soon became clear to me why he was commissioned to do my Appeal Book, – it was the only way that he was able to include counsels’ substantive materials which were filed for the original claim only. Counsel and Mr. Watson all knew their substantive materials would not be in my Appeal book as they had no right to be. The registrar knew this also. These materials including their Statement of Defence were never filed. * Unless counsel filed new or amended a formal written Notice of Motion to strike my Statement of Claim (Amended-Fresh Copy) which they NEVER did, and unless they filed new or amended the substantive materials to support such a motion they had NOTHING to file and therefore NOTHING of theirs would be in my Appeal Book. You guessed it-everything was in it!
Counsel knew that they’d not need to follow Justice F. Kovach’s Order because now Justice Chicoine had replaced him and they knew they’d win no matter what they did or didn’t do!
Who they had on their side was a new judge and two registrars that were prepared to do whatever possible to ‘hood-wink’ me help the defendants and their counsel. They also had the appeal judges. They needed them because they never expected me ‘to go on’ but quit by now-and they had nothing to present unless Mr. Watson did my Appeal Book. Incredible!!! I should have won!
This, in my estimation, was an ‘obstruction of justice’ and they got away with it.
When I wrote certain of my concerns to Chief Justice Laing and gave them to the registrar to pass to him, he wrote me a letter to my civic address telling me that I was being treated fairly and justly. See tab on this website entitled:
* Question: Who should be prosecuted and go to jail?
- Answer: Those who:
1. knowingly attempt to obstruct justice.
2. undermine your rights and freedoms as per the Canadian Charter of Rights and Freedoms.
3. influence another to undermine justice for another.
4. defraud / tamper with legal documents.
5. manipulate the justice system to gain an advantage.
6. steal, embezzle goods and property that another has and has the legal right of enjoyment of.
7. conspire to bring harm and undermine one’s right to gainful employment.
8. through malicious slander undermine a person’s integrity and ‘good character’.
9. do not protect babies & children when they know they have a professional an ethical mandate to do s0, like protection workers, parents, doctors and judges. but knowingly breach their duty of trust to provide protection services to vulnerable minors.
I was ready to give-up but in His strength I knew I could do it because I was not alone as sung here by? Kari Jobe – I Am Not Alone (Live)
You, too, are not alone – Jesus Christ is with you.
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