Posts Tagged ‘inherent power’

Sources of Superior Courts’ Jurisdiction to Declare Litigants to be Vexatious

Source: University of Calgary Faculty of Law, Originally posted on August 4, 2015 by Jonnette Watson Hamilton By: Jonnette Watson Hamilton Case Commented On: Sikora Estate (Re), 2015 ABQB 467 (CanLII) This decision indirectly raises a question about the jurisdiction of Alberta’s Court of Queen’s Bench and Court of Appeal to declare that a person cannot start or continue court proceedings without first obtaining the court’s permission, i.e., to declare that a person is

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Inherent Jurisdiction and Inherent Powers of Irish Courts

Nota Bene:  This article published by Judicial Studies Institute Journal offers an important critique of the much-cited article of Lord I. H. Jacob entitled "The Inherent Jurisdiction of the Court", 23 C.L.P. 23-52 (1970)". Please read Joan Donnelly’s “Inherent Jurisdiction and Inherent Powers of Irish Courts”, Judicial Studies Institute Journal, 2009:2, 122, in which Donnelly rectifies Jacob and begins to distinguish inherent power from inherent jurisdiction. Donnelly also sets up helpful

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Some reflections on quarrelsomeness and the abusive exercise of the right to institute legal proceedings

Foreword This featured item is an exclusive English translation of an article in French by Yves-Marie Morrissette, Rhodes Scholar and legal adviser to the veiled Communist Parti Québécois (PQ). (You can read the PQ's Communist manifesto of 1972 or download it from the sidebar at CANADA How The Communists Took Control.) This present article appeared in French under the title, "Quelques réflexions sur la quérulence et l’exercice abusif du droit d’ester en justice", published by the Barreau

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Welcome to JudicialMadness

Judges are declaring lawyerless litigants “crazy” from the bench in Quebec! [UPDATED 6 May 2016] This is a new website, by a team of one in Montreal, Canada. My objective here is to focus on a subject of grave concern for the average individual who may choose to pursue his or her own interests at court without a lawyer. In Quebec, for nearly two decades, one man has successfully pushed the legal system into adopting an arbitrary and despotic approach to pro-se litigants, meaning lawyerless

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Random Quote

The social tyranny of extorting recantation, of ostracism and virtual outlawry as the new means of coercing the man out of line, is the negation of democracy.

— Justice Ivan Cleveland Rand of the Supreme Court of Canada, Canadian Bar Review (CBR)
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"Sed quis custodiet ipsos custodes?" — Juvénal, Satires, VI, 346.  En français : « Qui nous protègera contre ceux qui nous protègent ? »  In English: " Who will protect us from those who protect us? "

 — Mauro Cappelletti dans Louis Favoreu (dir.), Le pouvoir des juges, Paris, Economica, 1990, p. 115.
Le Spécialiste DOSSIER: Extreme Behavior
Yves-Marie Morissette's Poster Boy for 'Legalizing' Chemical Lobotomies: Valéry Fabrikant

Yves-Marie Morissette's Poster Boy for 'Legalizing' Chemical Lobotomies: Valéry Fabrikant

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Yves-Marie Morissette The Works The Mind
Judicial Declarations of Madness in Quebec Courts
On the “Rule of Law”
“In public regulation of this sort there is no such thing as absolute and untrammelled ‘discretion’, that is that action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose, however capricious or irrelevant, regardless of the nature or purpose of the statute. Fraud and cor­ruption in the Commission may not be mentioned in such statutes but they are always implied as exceptions. ‘Discretion’ necessarily implies good faith in discharging public duty; there is always a perspective within which a statute is intended to operate; and any clear departure from its lines or objects is just as objectionable as fraud or corruption.”

— Mr. Justice Ivan Cleveland Rand writing in the most memorable passage in Roncarelli v. Duplessis, [1959] S.C.R. 121 at the Supreme Court of Canada, page 140.
Random Quote
Fears are mounting that the psychiatrist Anatoly Koryagin is near to death in the notorious jail of Christopol in central Russia. Letters that have reached the West from his wife and a friend indicate that he is so weak that unless he is given expert medical care he could die at any time. Dr. Koryagin has been in prison for the last four years for actively opposing the political abuse of psychiatry. The abuse takes the form of labeling dissidents as mad and forcibly treating them with drugs in mental hospitals.   ― Peter B. Reddaway, "The Case of Dr. Koryagin", October 10, 1985 issue of The New York Times Review of Books
"If we were lawyers, this would be billable time."
A Word on Caricature
“Humor is essential to a successful tactician, for the most potent weapons known to mankind are satire and ridicule.”

— “The Education of an Organizer”, p. 75, Rules for Radicals, A Practical Primer for Realistic Radicals by Saul Alinsky, Random House, New York, 1971.

I am no fan of Saul Alinsky's whose methods are antidemocratic and unparliamentary. But since we are fighting a silent war against the subversive Left, I say, if it works for them, it will work for us. Bring on the ridicule!  And in this case, it is richly deserved by the congeries of judicial forces wearing the Tweedle suits, and by those who are accurately conducting our befuddled usurpers towards the Red Dawn.

— Admin, Judicial Madness, 22 March 2016.
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