These efforts were put to a close by the November 29, 2013 decision of Justice Peter Annis to not grant leave to appeal to the Divisional Court.
Since Rancourt's bias complaint was never heard on its merits, and since impartiality of the judiciary is a foundation of the common law, Rancourt believes his Charter rights to be heard and to equality before and under the law were violated.
Since the possibility of appeal was finally barred using rules of court which allow such judicial discretion, Rancourt concludes that the said rules of court are unconstitutional, and he therefore seeks leave to appeal to the Supreme Court of Canada.
If the Supreme Court of Canada does not grant leave to appeal then it will mean that, in Ontario, litigants can make complaints of bias against judges and the complaints can continue to be finally barred by the court in which the complaints are made, and never heard on their merits. And there is no recourse.
Does that sound like something that should occur in a democratic society?
Rancourt's full application for leave to appeal to the Supreme Court was served and filed today, and is posted: HERE.
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