A letter to the British Columbia Members of the Legislative Assembly

disclosing a failure in the rule of law in British Columbia

Sent to all of the members of the BC Legislative Assembly.

If you want me to read it without the links to the evidence…

August 30, 2024
Sent by Trevor Holsworth V0G 1S0

There is a problem in the administration that requires the attention of the Legislature. The Executive through the Attorney General's department are denying that they have jurisdiction to check the Judiciary in order to avoid communicating with the Legislature AND they are asserting that the Legislature has no jurisdiction to check the conduct of the Judiciary, which is simply not true.

The people are always the final check on the claim of any purported ruler. That principle is guaranteed in the Constitution, in the Judges Act, and in precedent from the judges themselves.

I believe that the Judiciary is in breach of fundamental justice and the Executive are running interference because they are similarly implicated. This is a matter that the Legislature must consider as the remedy may involve the removal of a judge and certainly legislation is required to properly protect the people in a free and democratic society as promised in the Charter.

I'll briefly present the relevant facts

In 2007 I presented the BC Law Society and the Nelson City Police with evidence of obstruction of justice by two lawyers trial fixing.

The BC Provincial Court Chief Justice is currently being represented by a lawyer in order to avoid commenting on a judicial conduct complaint regarding a judge who agreed with a lawyer for BC FMEP asserting that he could ignore charter arguments, if it was a “narrow issue”, including requests for incarceration.

Federal AG David Lametti fails to respond to s 24(1) The Enforcement Procedure of the Charter

The Attorney General of BC was served with a Constitutional Question regarding the legality of Federal Attorney General failing to respond to the enforcement procedure of the Charter along with a constitutional question regarding the constitutionality of the ITA s 238(1) requirement to file. The response of the Attorney General of BC is, “no comment”

A BC Supreme Court Judge does not show up to Court on Feb 14 2022 to provide a decision on a writ of mandamus on the Minister of Justice David Lametti following evidence of a failure in the rule of law throughout the Canadian legal system. When Justice Lyster finally does produce a decision it claims that all my allegations of misconduct by authority are “irrelevant” to the charges against me. A continuation of a failure in the rule of law.

At the BC Court of Appeal, my appeal is dismissed as a “conspiracy theory. This does not reflect reality.” My lived experience in the British Columbia and Canadian legal system is not only irrelevant it is not real, contrary to all the evidence before the court, replaced by judicial opinion alone and in her written decision purposefully removing the fact that I presented the transcript to the Court, the best evidence any Canadian could provide to prove fraud committed by a lawyer, on a court order.

Allegations of misconduct by lawyers or the judiciary are removed from the system and dismissed as “conspiracy theories”, “vexatious litigants”, or as the BC Sheriff attending court labelled me in his communication with the RCMP, a “Freeman of the Land” in a continuation of the smear campaign to discredit my testimony.

I have reported the problem I have encountered to the Police of jurisdiction on numerous occasions with no investigation ever been initiated because it involves the court system. Clearly the police are on a lower rung than lawyer, or judges. Unfortunately the citizens of Canada are below that, with nowhere to turn unless a police officer, a lawyer or a member of the legislature becomes involved to properly check the powers of the Judiciary.

The implications of these judicial rulings is that the Public has no rights in the legal system established in Canada. Judges assert that they may legitimately ignore all of our evidence up to and including their official record, the transcript, being used to correct a court order improperly drafted. Our efforts to access justice in the BC Legal system are subject to un-resolvable failures in the rule of law and open criminal conduct with the fact that it is happening in our legal system the only defense. Clearly this conduct cannot be justified in a free and democratic State, and that is why they refuse to respond to Constitutional Questions.

I filed an application as an intervener in the Federal Court of Appeal hearing the matter of the appeal by the Executive of the decision of the Federal Court declaring the enforcement of the Emergencies Act to be not justified, illegal and unconstitutional. My evidence includes the MOJ making false and misleading statements in order to improperly protect judges instead of doing his duty and protecting Canadians. When I replied and corrected David Lametti I received no further communications. The PMO forwarded the matter on to the Minister of Public Safety Marco Mendocino, who never responded. The submitted evidence was acknowledged and is on the court record but my further participation in the process was dismissed.

The Premier of BC, David Eby is notified by email and registered letter of the failure of the MOJ to respond to the enforcement procedure of the Charter. In addition I had communicated the problem previously on Sep 21, 2020 by letter to David Eby as Attorney General of BC.

On February 26, 2024 I sent a registered letter to the Attorney General of BC. I received no response.

On June 14, 2024 I sent a second registered letter. I received a response that they are examining the situation. Unfortunately given that they knew all of this beforehand and did nothing might prove to be a conflict of interest as is the reality that the BC Law Society is in conflict with their governing statute improperly protecting lawyers and refused to provide written reasons for their failure to protect the public, which provides the legitimacy for their monopoly on the provision of legal services. On July 10, 2024 they responded denying that there was any problems.

The Attorney General of BC with your approval enacted changes to the Legal Profession Act providing the Attorney General's office with the ability to make appointments to the Law Society of BC board enabling them to control the Law Society and through them, all lawyers, and through that, all judges. Given the evidence that lawyers are not a competent authority to properly check their own authority and the Attorney General is not in compliance with the law, is a biased party to the conflict before the purportedly fair and impartial court and is also not protecting the public interest they have a conflict of interest that destroys their legitimacy.

Lawyers at the Attorney General's office are asserting that the Judicial is supreme and not subject to oversight by the Legislature. The Judiciary is also refusing reasonable legal attempts to provide legitimate checks and balances. Without the protection of the representatives in the Legislature the citizens of Canada are vulnerable to these abuse of power. The Legislature is the appropriate forum to address the problem of law societies and the family law act as obviously they are a creation of the legislature. Provincial Court Judges and the administration of the criminal law are provincial responsibility.

So, I come with a problem and a very big one and denial has been the solution so far which has been very easy for them but terrible for me and the people around me. We all deserve better. I certainly deserve to be treated better. I have published my story through the legal system and into politics at www.fundamentaljustice.com

The solution to democratic deficit is to strengthen democracy which means great citizen involvement. I suggest British Columbia embraces this as an opportunity for a new beginning, to dilute power, seek transparency and accountability by creating a citizen jury to check the powers of police boards, lawyers and judges. This will foster greater connection between the citizen and the public service to create trust.

There are many benefits. An empowered citizen is a powerful force, so much better than a rebellious citizen. It's the difference between inspiration and despair. I would suggest that a random mixture of young persons just leaving school along with retired persons and others from diverse working backgrounds would provide a much needed communication conduit back and forth between government and citizens. Bring democracy home so we can enjoy the fruits of our labors and have respect for our country once again.

I know this is challenging but your role as the representatives of the People in a Democracy is to check the powers of the Executive and the Judiciary for abuses. This clearly, is such a time. The BC Law Society is a BC Legislature responsibility, the current plan for the BC AG Dept to effectively take over the Law Society clearly doesn’t protect the people of British Columbia from abuses of government power. A check over the powers of the Law Society to protect the public would best be accomplished by a grand jury inquisitorial system. Nothing else is obviously acceptable for the public trust. It is well known, trust is earned not given.

The problem of the BC Federal Judiciary is more challenging as they are governed by the Federal Government but I will be serving every Parliamentarian with the Enforcement Procedure of the Charter s 24(1) in an effort to bring accountability in that forum. I thought I would start the process informally at the Provincial level, hopeful that will bring a response, before making this a formal constitutional issue.

The problem of the BC Attorney General is more straightforward. The legal advice of the Attorney General is contrary to the law and the constitution, and contrary to their duties, to protect the public and see that the administration is in compliance with the law. The Attorney General's are obstructing justice. The refusal to respond to the enforcement procedure of the charter is followed by the failure to respond to a constitutional question, a refusal to debate the constitutionality of the Federal Judges Act and a refusal to investigate the conduct of Provincial Court Justices in accordance with the BC Provincial Court Act. We also have the problem of a failure by the Attorney General's staff to comply with a court order to provide court audio and a refusal to file documents at a BC Registry due to allegations of access to justice issues contained therein. Investigations under private prosecutions are never investigated and dismissed arbitrarily. The public is not being protected. Not by the BC Law Society and not by the BC Attorney General. Accountability, Transparency and Public oversight with investigatory powers would help to balance the scales of justice.

I formally request that the matter of the Ymir Backcountry Ski Lodge Kootenay Experience Crown Land Tenure be re-examined in the context of the above situation and a realization that the public would best be served by the facilitation of compliance and the restoration of the licence.

I conclude by thanking you for standing up to represent the people of British Columbia.

No Canadian should be subjected to a Judicial dictatorship supported by the Executive in the form of the Attorney General's Office. Access to justice is a Public service which must be protected from corruption by the Legislature. This is the exact moment when the importance of the Legislative Assembly shines to truly protect the public interest. British Columbians and Canadians should not be coerced into trusting a legal system that clearly is dysfunctional for the needs of the Public. The restoration of trust in our legal system is of vital importance to the national security of Canada.

A citizen of British Columbia and Canada who has been guaranteed rights in our governing constitution,

Trevor Holsworth

Please find attached
Brief in support of Intervener status at the Federal Court of Appeal regarding the enforcement of the Emergencies Act PDF
Registered Letter of November 30, 2022 to Premier of British Columbia, David Eby
Registered Letter of February 26, 2024 to Attorney General of British Columbia, Niki Sharma
Registered Letter of June 14, 2024 to Attorney General of British Columbia, Niki Sharma