LANGLEY, BC, December 20, 2012 — RoadKill Radio host and noted citizens’ rights advocate Kari Simpson has laid down the gauntlet before the Canadian Judicial Council, a publicly-financed body formed under the Judges Act, which is supposed to protect public confidence in Canada’s judiciary by monitoring the conduct of judges and investigating complaints about federally-appointed judges.
On August 24 of this year, Simpson wrote to the CJC in an attempt to clarify their previous, if any, involvement of matters related to complaints about Justice Marvyn Koenigsberg of the BC Supreme Court. Justice Koenigsberg was Simpson’s controversial trial judge in a case that forms part of a pending complaint by Simpson to the CJC. Simpson did not receive any response.
Simpson then wrote to Chief Justice McLachlin as CJC Chairperson on October 6, 2012, requesting answers to her simple query. No response was forthcoming.
On November 26, 2012 she sent another correspondence to the CJC asking Norman Sabourin, Executive Director of the CJC, to answer the crucial questions related to the CJC’s possible bias. Simpson sought to determine whether or not the CJC had previous involvement in investigating or reviewing information about Justice Koenigsberg. Due to the serious nature of her pending complaint—as it not only captured Koenigsberg J but also members of the Supreme Court of Canada—Simpson also proposed a remedy to the bias problem if it existed: a joint request to the Justice Minister for a Parliamentary inquiry
The CJC finally replied to Simpson on November 26, 2012, but failed to answer the simple questions she had posed. Instead, Norman Sabourin, Executive Director for the CJC, made a bizarre finding that the letter of inquiry was an “abuse of the complaints process” and as such, stated that he was refusing to open a file.
The problem is that Simpson’s letter had specifically stated that the information contained therein was not to be considered as a complaint, and she did not request a file to be opened.
“The response I received from Mr. Sabourin confirms reports that the CJC fears public scrutiny and the public criticisms are justified,” says Simpson. “They’re not accountable to anyone. The legal scheme by which they operate works more like a scam.”
Sabourin refers to Simpson’s claims that Koenigsberg J and Chief Justice McLachlin et al are liars and judicial cheats as “having no foundation,” despite being provided with the facts. Simpson, undeterred, responded today. She pointedly confronts the CJC with challenges that have serious legal implications for the Chief Justice and other named judges, if true.
Simpson ups-the-ante and directs Sabourin to personally advise the judges of her very “public” statements.
Simpson also informs Sabourin of her intent to file a Judicial Review of any determination that results in dismissal by the CJC of her impending complaint. Alternatively, in the circumstance of admitted or perceived bias of the CJC, she advises:
I would be agreeable to pursuing an alternative forum for an independent, objective investigation into my complaint that is agreed upon by all affected parties, such as my previously suggested Parliamentary inquiry.
The CJC has been the target of growing criticism for acting more like a judicial goon—a protectionist gatekeeper—than its touted claims of ensuring judicial accountability.
“Clearly I am not the first to raise the alarm about what is transpiring in the courts,” says Simpson. “The court is broken, injustice abounds and the public’s trust and confidence in our judiciary is compromised. This is not an acceptable situation for our civil democracy. The administration of justice needs to be fixed.”
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Full text of Simpson’s Dec. 20, 2012 letter to Norman Sabourin;
Full text of Sabourin’s Nov. 26, 2012 letter to Simpson;
Full text of Simpson’s Oct. 6, 2012 letter to Chief Justice McLachlin here;
Latest Drive For Justice episode #26, Our Ermine Clad Masters Decide;
Summary Brief of events.