U of O Watch mission, in the words of Foucault...

"One knows … that the university and in a general way, all teaching systems, which appear simply to disseminate knowledge, are made to maintain a certain social class in power; and to exclude the instruments of power of another social class. … It seems to me that the real political task in a society such as ours is to criticise the workings of institutions, which appear to be both neutral and independent; to criticise and attack them in such a manner that the political violence which has always exercised itself obscurely through them will be unmasked, so that one can fight against them." -- Foucault, debating Chomsky, 1971.

U of O Watch mission, in the words of Socrates...

"An education obtained with money is worse than no education at all." -- Socrates

video of president allan rock at work

Showing posts with label Justice Peter Annis. Show all posts
Showing posts with label Justice Peter Annis. Show all posts

Thursday, February 14, 2013

Rancourt files Motion to a Judge, Supreme Court of Canada, to set aside Registrar's order

On February 13, 2013, Denis Rancourt filed THIS "Motion to a Judge" to the Supreme Court of Canada.

The motion asks a judge of the Supreme Court of Canada to set aside an order of the Registrar of the Court.

On January 25, 2013, the Supreme Court Registrar, Roger Bilodeau, Q.C., wrote THIS decision to not even assign a court file number to Rancourt's January 7, 2013 application for leave to appeal to the Court.

Rancourt argues that the Registrar's decision/order was contrary to both the Supreme Court Act, and the Rules of the Supreme Court of Canada.

Rancourt argues that the Registrar cannot simply "not accept" an application for leave to appeal on the basis of the Registrar's speculation about the Supreme Court's jurisdiction, which is a substantive matter argued in the application itself.

The opposing parties, Joanne St. Lewis (represented by Richard Dearden) and the University of Ottawa (represented by Peter Doody), had written to the Registrar to argue that the Court did not have the jurisdiction to hear Rancourt's application, and to ask the Registrar to "not accept" the application.

The application was about a litigant's Charter and natural justice rights to an impartial judicial process. Specifically, the right to have a complaint of actual or apparent judicial bias heard by the court where the complaint is made. The application seeks to appeal a decision by Justice Peter Annis to refuse leave to appeal decisions of Justice Robert Beaudoin on the grounds of apparent bias.

Links to all court documents in the on-going St. Lewis v. Rancourt legal case are HERE.

Thursday, January 24, 2013

Monday, January 7, 2013

Rancourt files application for leave to appeal to the Supreme Court of Canada

In the on-going case of St. Lewis v. Rancourt, Rancourt has done everything possible to have his complaint of reasonable apprehension of bias of Justice Robert Beaudoin heard on its merits, either at the Ontario Superior Court of Justice or at the Ontario Divisional Court.

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.