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Justices of the peace play vital role in courts — often without a law education (Original Post) shockedcanadian Jul 2014 OP
Huh. I can see a good role for such a person, but it looks like Erich Bloodaxe BSN Jul 2014 #1
I agree Erich shockedcanadian Jul 2014 #2

Erich Bloodaxe BSN

(14,733 posts)
1. Huh. I can see a good role for such a person, but it looks like
Fri Jul 25, 2014, 08:33 AM
Jul 2014

they deal with more types of case than they should.

I could see them functioning as a sort of 'first line' point of contact with the justice system for crimes without a victim other than 'the state', and that don't result in potential jail time or massive fines. Jaywalking, littering, speeding, noise violations, etc. There's no reason an actual judge should be tied up with the simplest of cases that won't have much in the way of evidence one way or another. Someone with the statutes available and common sense should be all that's needed for that sort of thing.

Allow them to decide to dismiss cases, but allow for appeals to a real judge if people who are judged guilty demand it, with the ability of that real judge to declare the appeal frivolous and impose extra court costs if the appeal fails.

Sort of an entry 'tech support' for the court system.

 

shockedcanadian

(751 posts)
2. I agree Erich
Fri Jul 25, 2014, 09:24 AM
Jul 2014

I had a lawsuit against Canada (CSIS and the RCMP). Not only did the justice NOT ensure that the state entered a plea of guilty or not guilty within the 30 day limit as they are supposed to (I would have been content with either plea), but they allowed the state to dismiss my suit after I put forward a Motion for Disclosure; essentially requesting documents to aid me in making my case (this after being held at a border and having many false allegations made against me). In effect, they stole my democracy from me without ever even having to plea. I am talking about very intrusive attacks via the state, including employment interference, holding of my wife and I at a border, threats and misrepresentations.

Considering the extreme circumstances I have had to battle it is an absolute insult and I insisted that this go forward to a judge to make a decision on my case, even stating that a judge would be best qualified to rule on my situation as it was too complex and important to our Charter to allow a justice to make such a decision; I even provided other decisions by Supreme judges that supported the type of arguments I was making.

Canada is in the Dark Ages. Our allies are now fully aware of this based on the discussions I have had, it used to surprise people but not anymore. This in itself is extremely troubling and I have said it many times; it doesn't bode well for our future. It is one thing to be patriotic and wanting to do well, quite another to suffer from Stockholm Syndrome.

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