I Will continue Part II precisely where I left off and see if I can’t get both Parts Published today.
Duty Counsel had just confirmed My friend’s right to have Me Act as his counsel but We were now in a very difficult situation; the Justice won’t allow Me to Act as defence for My friend, My friend is not comfortable speaking for himself in front of a Justice, and We still have to deal with his matter! My friend was also visibly upset by the situation and when I told My friend that We can file a complaint against the Justice, Duty Counsel almost seemed pleased to know that I would. They began looking for information and forms about how to file a complaint with the Justice until I assured them I know exactly how and where to file My complaint.
We leave the Crown’s office and I have one more consultation (consult A Sean) with My friend.
“Look, We’re in a shitty situation right now, but it’s not going to matter in the big picture. You are Acting ‘under duress’, You are being denied the right to freely choose Your own Counsel. I have no Idea what the Justice Will say to You and I don’t want to antagonize him, so I’m going to stay outside the Courtroom for now. Express Your belief in Your right to freely choose Your own Counsel and see if You can get a new Court date set. I’ll be close by.”
I left the Courthouse to have a smoke and found a few more of My friends waiting for Me out front, all of them considerably more furious about the day’s events than I was. I told them not to worry, I Will file a complaint against the Justice and, (if nothing else), the Act of filing a complaint should provide reasonably grounds for conflict of interest and I should never have to deal with him again, at least with respect to this matter. My friends seemed to settle when I told them I would file a compliant, I finished My smoke and returned to the Court to see how My friend was making out.
When I returned, My friend was in front of the Justice and it appeared as though he hadn’t been there long. I’m pretty sure he was also the last man remaining in the room. When I entered the Court, I took a seat quietly behind My friend to witness what was going on. It was clear that the Justice was ‘challenging’ My friends choice of Counsel (Me).
“He was not dressed properly, he is not a lawyer, he is dishonest and trying to undermine the integrity of the Court and Canada’s Judicial system with Word Magic!…”
Word Magic? Hmmm… Dishonest? Undermining the integrity of the Court and the Judicial process? Wow!!! Those are some pretty harsh claims, Justice Herb Keling! Then, he has the audacity to acknowledge that he is saying these things in front of Me, confirming (on the Court of Record) that he is talking about Me and deliberately trying to manipulate My friend and discredit Me as his Counsel! That is not what is expected of an ‘impartial’ Justice and this really is a serious breach of his Oath.
“Oh, and he has just returned to the Court…” the Justice continues.
My friend Will not let Duty Counsel Act for him because he is not pleased with what they have done for him in the past. He does not qualify for legal aid and My friend would otherwise represent himself. He feels I am more competent than he is and I’m quite sure that I am.
“I still want Sean to represent Me”, says My friend.
The Justice shakes his head and looks over at Duty Counsel who are now standing where I was first standing earlier that morning.
“Duty Counsel has no opinion on this matter, Your Honour.”
At this point I decide to take My chances and stand up, letting the Justice know I have something to say without actually saying anything. He ignores Me and keeps his eyes and attention on My friend, setting up a new Court date. At this point I stand directly behind My friend so I can whisper in his ear and remind him of the two pieces of additional disclosure We are still waiting to receive. The Justice says We can ask for additional disclosure directly from the Crown and confirms a date two weeks later without ever making eye contact with Me again. We were done, next Court Present ‘A’ Sean Will be October 23rd.
I have always expected and anticipated that I would encounter challenges along the Way, though I never anticipated that a Justice would Willfully slander Me without provocation. And really, jeans are not reasonably ‘provocation’. In fact, it may be worth noting that My attire is as it has always been for any matter I have had in Court and no other Justice has ever complained about it. If any were to ask why I dress the Way I do, they would find that I have a very Good reason – this Justice did not ask or Give Me a chance to explain. And it was not the same Justice as the last time I had Acted as defence Counsel for My friend, so the only Way the Justice could have known I had worn jeans last time was if the prosecutor told him and complained about it. Yes, the Crown discreetly advised Me that I should not wear jeans in Court, but it was not heard by the Justice and I don’t take orders from My adversary. Now, I have even more reason and determination to continue wearing jeans in Court – just to prove that I can!
I hope this day finds You all well. Remember, there are no coincidences. For every Action, there is an equal and opposing reaction. That is the Law. 😉
Love and Blessings,
“Vi Veri Veniversum Vivus Vici”