RCMP notified of breach of Constitution.
The failure of the judiciary to maintain trust in the legal system by denial of remedy.
Following the Canadian Judicial Council’s dismissal of my complaint against Justice Duncan Shaw, who protected a lawyer committing fraud on a court order by rejecting the certified transcript and preferring the plaintiff’s recollection instead, I formally challenged the decision as manifestly unconstitutional. Shortly thereafter, Justice Shaw retired, and the Council declared the matter closed, refusing to provide any remedy for the resulting breach of my right to a fair trial.
When the Minister of Justice also refused to intervene or correct the situation, I filed a submission with the United Nations. That filing included the Canadian Judicial Council’s own correspondence, which demonstrated that domestic appeals were futile: the judiciary had asserted discretion over its own official court record and effectively sanctioned lawyer fraud.
I sent numerous copies of this evidence to the RCMP in 2020 and requested that they protect the people of Canada and the Constitution.
Office of the United Nations High Commissioner for Human Rights
Human Rights Council Branch-Complaint Procedure Unit
OHCHR- Palais Wilson
United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland
Fax: (+41 22) 917 90 11E-mail: CP@ohchr.org
Website: http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx
Dear Sir/Madam,
My name is Trevor Holsworth, a citizen of Canada by birth and Australia by Naturalization and I making this application to the United Nations personally. My contact information is XXXXXXXX and my phone number is XXX-XXX-XXXX and my email address is XXX
I have in my possession a reply from the Canadian Judicial Council to a complaint that I made against a Federal Judge. My complaint was that when I presented the official transcript of trial to the Judge he personally called up my ex-wife and accepted the verbal testimony of my ex-wife of what she heard a previous Judge say 6 months earlier over what the transcript of trial indicated. The Canadian Judicial Council indicated that this was a matter of discretion and the weighing of evidence which is not a matter for discipline. I have attached their letter.
I disagree with their finding and find that the result of this determination is that we have a judicial system in Canada which is arbitrary. If Federal Judges have the right to ignore their own transcript of trial then we dont have a system of appeal. If Federal Judges have the right to ignore their own transcript of trial then we have a massive problem with the Canadian Charter of Rights as well as the United Nations Universal Declaration of Human Rights.
S7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
It seems very well established that the primary component of fundamental justice is that is NOT arbitrary.
I cannot present better evidence than the transcript of trial. For a judge to decide to ignore the transcript of trial is arbitrary. For the Canadian Judicial Council, the governing body of federal judges to accept that conduct as within their acceptable standard is completely unacceptable. I have pointed this reality to the Canadian Judicial Council but they have refused to respond. I wrote and requested that the Canadian Judicial Council put this issue to Parliament for confirmation that Parliament agrees with this incredible determination. They wrote back and refused and called my request abusive. For obvious reasons it is impossible to make this appeal through the Canadian Courts to police themselves as their governing body the Canadian Judicial Council holds that they have the right to ignore everything that I have to say, and ever piece of information that I can provide up to and including their own transcript of trial.
The Canadian Courts have removed my drivers licence and my passport so I cannot leave the country, cannot move from my home, and cannot defend myself in court. The Federal Police, the RCMP have attacked my rights and honor.
I have attempted to communicate with the Attorney General of Canada including an accepted registered letter ( March 9th 2020 ) including the following.
“Section 24 of The Charter of Rights allows me to enforce my rights
(1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
The only Court of competent jurisdiction to judge the judges who judge the judges is Parliament. I have currently lost most of my legal rights except obviously my right to life but I am in fear of losing that. I am hereby applying to Parliament for the protection of my charter of rights. Obviously urgency is of prime importance.”
I have received zero response. I have had similar experiences in communication with The BC Attorney General, The Federal Minister of Justice, The Freedom of Information Commission, and my member of Parliament as well as numerous more local government officials.
My understanding is that the Rule of Law is that no-one is above the law, including judges. The Canadian Judicial Council simply cannot have a policy that contradicts the Canadian Charter of Rights and the United Nations Declaration of Human Rights.
The result of this policy is that there has been a massive breach in our Charter of Rights affecting thousands of Canadians as well as myself personally. I am of course in contempt of court because Federal Judges belief that they have the right to arbitrary justice contrary to our Charter of Rights. I have attempted to get my personal records held by the Canadian Judicial Council through the Canadian Freedom of Information Act but am told that the Canadian Judicial Council is not subject to the Act so I am unable to determine what kind of directions may have been made to Federal Judges regarding me. I cannot attend a court to defend myself or protect myself without further risk to my rights and freedoms.
The Canadian Charter of Rights is based on the United Nations Charter of Rights. My UN charter of rights have been violated
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law.
All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
I had attempted to communicate with the Canadian Judicial Council and the Federal Attorney General through the enforcement procedure of the Charter requesting a remedy for the breach by the Judiciary be determined by Parliament. I received no response. I reported the problem to numerous members of the RCMP on Dec 3, 2020
I am attaching the application I have made to the United Nations Human Rights Commission for your information. My understanding is that the Charter of Rights is being violated by the Canadian Judiciary as they are failing in their duty to provide fundamental justice and certainly not providing fair or impartial justice as required by the Charter of Rights.
Since the Judiciary is not complying with the Charter there is no possibility at this time for Canadians to receive a proper trial and so logically the RCMP should not arrest anyone as there is a strong possibility that they will not receive a fair or impartial trial. The Courts primary purpose is to protect Canadians from Charter abuses and the Minister of Justice and Parliament are also involved in their failure to protect Canadians from Charter abuses by the Judiciary despite their similar duty. I do understand that the problem is caused by a culture of internal protection within the legal institutions similar to the culture that the RCMP has been working hard at repairing internally, sometimes at the insistent of the Courts under the statutory protections of the Charter of Rights.
As you can see from my application I have attempted to protect the Charter of Rights from this situation but those that have been tasked with the protection have failed in their duty and despite my clear communication have ignored the problem completely. I am of course hoping that pressure can be brought to bear to resolve this situation and our Charter of Rights can be repaired as quickly as possible.
I have of course forwarded this information to crown prosecutors throughout Canada so that they can comply with their statutory duty to disclose this issue with all defendants.
If there is information that you feel I should correct in my communications please advise.
Until that time I remain yours faithfully,
I did receive a response from one officer. But none from anyone else. Was she right to respond, or will she suffer retribution when, at least, she did respond and no one else did? That hardly seems fair. Canada has a culture of fear of speaking out throughout the entire government, and that directly impacts the rule of law. Public Servants and the Public require protection for upholding the Constitution. The deference to authority through the pyramid of power essentially means that nobody appears to be willing to check the legitimacy of the Prime Minister’s exercise of power.
On 04/12/2020 2:08 p.m., Janelle SHOIHET wrote:
Mr. Holsworth,
Thank you for your email, while we appreciate being looped into your communications to the United Nations, I do not see a need for RCMP involvement in your application, nor does there appear to be any criminality to have occurred. Your requests are best served through your current channels.
Many thanks,
S/Sgt. Janelle Shoihet
Senior Media Relations Officer, Communication Services
RCMP E Division HQ / Government of Canada
janelle.shoihet@rcmp-grc.gc.ca / Tel: 778-290-4134 / Cel: 604-657-5730“A uniform with your name on it is waiting for you.”
On December 6, 2020 I responded.
The criminal code has been breached on multiple occasions in the course of this situation and on occasions I have reported the situation to the RCMP and to Crown Counsel.
Fraud s 380
Failing to comply with a court order s 145
Breach of Trust by a public officer s 122
Obstruction of Justice s 139
Disobeying order of the court s 127
Bribery of judicial officers s 119, 120
Misconduct of officers executing process s 128
Perjury s 131It`s an identical situation to the one that the RCMP finds itself in currently where there is a culture of internal protection. Crown Counsel wont investigate or lay charges against other lawyers etc.
Half an hour later, I wrote again…
and is so similar to the situation of abuses by the church by those in authority.
I made a submission to Parliament in regards to the recent amendment of the Judges Act that was recently amended to allow further prosecutions on to allow lawyers deeper access to money but it was deleted before it reached the committee of Justice and Human Rights by someone who refused to provide their name. Yes I have that email too. I am enclosing a copy of my submission to that committee.
You have lawyers and judges abusing our legal rights and they are protecting each other all the way to the top.
I attached my brief to Parliament at the Justice Committee on Human Rights and Justice as well as this note regarding my “freedom” to access information
The Canadian Judicial Council should be subject to the Freedom of Information Act.
I have made a request of the Canadian Judicial Council and they have refused to respond. I contacted the Office of Information Commissioner and after a day they responded saying that unfortunately the Canadian Judicial Council is not on the list of government bodies that are subject to the Act and they could not help me.
Very strange behavior for an organization that prides itself on its website as being transparent...
I thought it best to explain the situation as clearly and concisely as I could.
This all stemmed from a lawyer falsifying a court order and my attempts to correct it and it was ignored all the way up to very top - the Canadian Judicial Council and the Attorney General and onward to the PM.
just a little more context......
I am having a hard time resolving the difference between a priest in a position of authority and respect committing sexual abuse and Judges in a position of authority and respect abusing our charter of rights.
Interestingly enough the judge that I made the initial complaint to the CJC was Judge Shaw who infamously ruled in R. v. Sharpe that Canada’s law prohibiting child pornography was unconstitutional as it infringed the Defendant’s freedom of expression in the charter of rights. This verdict was widely criticized by police and the public and his removal was discussed in Parliament. This same judge removes my right to a fair trial by ignoring the transcript of trial and calling up evidence himself, like a police officer planting evidence.
Judge Shaw did resign shortly after my complaint was filed which is a relief, however his actions were defended by the CJC which means that no Canadian is currently receiving fundamental justice.
Both the church and the legal institution’s practise has been to deny and delay all criticisms rather than acknowledge errors and take positive steps to repair any damage. I understand the desire to protect one’s co-worker however even the most basic observer can see that something is seriously wrong here.Historically in judging a judge’s conduct the “Marshall test”, should be posed: “Is the conduct alleged so manifestly and profoundly destructive of the concept of impartiality, integrity and independence of the judicial role, that public confidence would be sufficiently undermined to render the judge incapable of executing the judicial office? Only if the answer to this question is yes will a recommendation for a judge’s removal from office follow. The CJC has manifestly failed to apply their own test and are still maintaining that judges have the right to dispense arbitrary justice in contradiction with the Charter of Rights and fundamental justice.”
I quote from the Department of Justice Canada JUNE 2016 document - Possibilities for further reform of the Federal Judicial Discipline Process.”Judicial independence exists for the benefit of the judged, not the judges. It is therefore to be assessed from the perspective of the reasonable observer and in light of the public interests it is meant to serve.”
The Courts are here to protect the Public from abuses of the Charter of Rights not to personally abuse them.
In my last email at 6:09 pm that night I wrote,
I reported various crimes but did not get a response back. Do you want more information?
Trevor
I received no further response so I contacted the RCMP National Division which has the jurisdiction to examine corruption in Members of Parliament. Surely these communications of matters of National Security were forwarded upwards.
So why were they not presented at POEC?
Why were not my additional communications with POEC including the communication with RCMP National Division, the MOJ and PMO not included?
Why did the AG’s not provide disclosure of these breaches to the defendant’s that the police arrested during the freedom convoy protest?
It was an all of government breach of the rule of law against the people of Canada. Led by the lawyers, enforced by their brethren the Judiciary with the dereliction of duty by the Police and an abdication by Parliament and the Governor General deferring to the Prime Minister who must have known because I informed the PMO directly and they acknowledged the correspondence, forwarding it to the MOJ, Lametti and subsequently to the MPS, Mendocino. David Lied. Marco never responded.
The Executive enforced the Emergencies Act knowing that the Judiciary were not in compliance with the constitution and rather than providing a remedy to restore the breach doubled down and prosecuted innocent citizens, froze bank accounts and siezed the funds donated by the public to support the protest.
A betrayal of the public trust of the higest order and the weaponization of the legal system against legitimate protest to create a chilling effect against their political opponents. The citizens of Canada, and most significantly. Men, particularly fathers.
All to protect the profits of lawyers in their extortion scheme of incentivizing mothers to deny fathers access to their children by forcing them into an unconstitutional court, which abuses them. Clearly not in the best interests of the children. The best interests of the child lies in having equal shared parenting and equality before the law between men and women. For society, access to justice requires equality between lawyers and non-lawyers.