On-going story of an application to the Supreme Court of Canada

When is it OK in a democratic society for a court to ignore a complaint of bias of the court? Is it acceptable for the rules of the court to permit circumventing a bias complaint? Can a judge refuse to hear and determine a complaint about his/her own apparent bias? Is being heard on a bias question in order to overturn decisions of a judge a Charter right? Will the Supreme Court of Canada find these questions of sufficient importance to hear the appeal?

At least the last of these questions will be answered in the coming months. Here is how the story has unfolded to date:

• 2013-01-07::: Rancourt's Application for Leave to Appeal filed to the Supreme Court of Canada, to appeal from the November 29, 2012 decision of Justice Peter Annis to not grant an appeal regarding the defendant's complaints about reasonable apprehension of bias. Full-Application-SCC.

• 2013-01-14 to 2013-01-25::: Letters to and from the Registrar of the Supreme Court of Canada::: 2013-01-10-Dearden-to-Registrar, 2013-01-14-Rancourt-to-Registrar, 2013-01-14-Doody-to-Registrar, 2013-01-15-Dearden-to-Registrar, 2013-01-15-Rancourt-to-Registrar, 2013-01-25-Registrar-to-Rancourt.

• 2013-02-13::: Motion to a Judge, filed to the Supreme Court of Canada, motion to set aside Registrar's January 25, 2013 order. Full-Motion-SCC.

• 2013-02-14::: Letter of St. Lewis via Richard Dearden to SCC Registrar, asking that Registrar "not accept" Rancourt's Motion to a Judge. 2013-02-14-Dearden-to-Registrar.

• 2013-02-22::: Letter of U of O via Peter Doody to SCC Registrar, echoing Dearden's request to "not accept" Rancourt's Motion to a Judge. 2013-02-22-Doody-to-Registrar.

• 2013-02-22::: Letter of SCC Registrar Roger Bilodeau to Rancourt, not accepting Motion to a Judge for filing. 2012-02-22-Registrar-to-Rancourt.

• 2013-03-04::: Ontario Civil Liberties Association's letter to the Chief Justice of Canada, about SCC Registrar's conduct. LINK. Followed by THIS, and then THIS.

Stuff happens in the corridors at the Supreme Court...?

• 2013-04-08::: Registrar of the Supreme Court of Canada changes his mind, accepts to file Rancourt's Application for leave to appeal: Registrar's letter.

• 2013-04-09::: Rancourt re-files his Application for leave to appeal to the Supreme Court of Canada: Full-Application-SCC.

• 2013-04-11::: Supreme Court of Canada Registry letter to Rancourt -- Materials filed, File Number assigned: Registry's letter. 

• 2013-04-19::: Supreme Court of Canada responds to the Ontario Civil Liberties Association about Registrar's conduct: SCC-letter-OCLA.*

• 2013-05-09::: U of O submissions for leave to appeal to the Supreme Court of Canada: UofO-Mem-Arg-SCC.

• 2013-05-09::: St. Lewis's submissions for leave to appeal to the Supreme Court of Canada: StL-Mem-Arg-SCC.

• 2013-05-21::: Rancourt's REPLY for leave to appeal to the Supreme Court of Canada: DGR-Reply-SCC.

*This bullet was added on June 20, 2013.

OCLA responds to Chief Justice of Canada about Richard Dearden

First THIS.
Then Richard Dearden with THIS.
And now the REPLY.

"sad and unfortunate"

OCLA asks Chief Justice Berverly McLachlin to investigate the conduct of the Registrar of the Supreme Court of Canada

The Executive Director of the Ontario Civil Liberties Association has written a public letter to the Right Honourable Beverly McLachlin, Chief Justice of Canada, asking her to investigate the conduct of the Registrar of the Supreme Court of Canada.

The concerns expressed by OCLA include the recent actions of the Registrar in "not accepting" both an application and a motion submitted by Denis Rancourt to the Court, as reported on this blog.

The letter, in part, reads:

"We are particularly concerned by the Registrar shielding his own decision from review by not placing a motion pursuant to Rule 78 before a judge of the Court, but rather returning the motion record to the unrepresented party. Even if the Registrar is correct in stating that Rule 78 “is not applicable,” it was inappropriate for him to get involved with a matter seeking to review his own decision, and it creates an apprehension of bias."

Supreme Court Registrar Roger Bilodeau refuses to accept a Motion to a Judge to review the Registrar's own decision

On February 13, 2013 Rancourt served and filed THIS Motion to a Judge of the Supreme Court of Canada to review Supreme Court Registrar Roger Bilodeau's earlier decision to not accept Rancourt's Application for Leave to Appeal a lower court decision to deny Rancourt of a judicial determination of apparent bias of lower court judge Robert Beaudoin.

Today, Rancourt received the Registrar's February 22, 2013 decision (LINK) to not accept to file Rancourt's Motion to a Judge to review the Registrar's own decision.

The original Application for Leave to Appeal to the Supreme Court of Canada is HERE.

Lawyer Richard Dearden asks Supreme Court Registrar Roger Bilodeau to not accept motion to a judge

Regarding THIS recent motion to a judge filed to the Supreme Court of Canada by Rancourt in the St. Lewis v. Rancourt case, St. Lewis' lawyer Richard Dearden sent THIS February 14, 2013 letter to Supreme Court Registrar Roger Bilodeau.

In the letter, Mr. Dearden is asking Mr. Bilodeau to not accept a motion to the Court to have Mr. Bilodeau's own decision set aside.

Mr. Dearden is explaining to Mr. Bilodeau how the rules of the Court work, and how it is that Mr. Bilodeau should not accept a motion to a judge which would set aside Mr. Bilodeau's prior decision to not accept Rancourt's recent application for leave to appeal (without allowing the application to be considered and determined by the Court).

It would seem from Mr. Dearden's letter that Mr. Dearden is under the impression that Mr. Bilodeau is maybe not familiar with the rules of the Court or with the responsibilities of his own function?

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.