Volume CLXXIV: The Thoroughly Thrilling Thing King Edition; Resurrect-Sean, or Re-Sir-Rect-Sean?

Hello every One, and welcome to the Thoroughly Thrilling Thing King Edition, thank King or Queen You for being here. I am Thoroughly Thrilled this Thursday because I have been thing King about the recent order to dismiss My Statement of Claim made by Sally A. Gomery, and it may appear as though My Statement of Claim is ‘dead in the water’ [of Commercial Admiralty Law] but I am thing King I may be able to come back from the dead. I am, after all, a Magical Man that makes Miracles happen, just be as King of any One who knows Me well.

I am also thing King that some of My readers may be… [Impressed? Surprised? A little relieved, maybe?] To know that I am not revealing My full Hand at this time. This is not a typical strategy for Me though there is a popular proverb that reads:

“Never announce Your moves before You make them.”

Proverb

I am also tall King about this because this is yet another one of those small examples where typically a Self Presented litigant Will be at a tremendous disadvantage. Most Will presume that as soon as that gavel of a hammer of Justice comes down, the Matter is over. In most cases this would be True. Even if I were to be as King of a licensed attorney or legal professional, they Will most likely begin to direct Me to the appropriate appellate Court to file an appeal.

Well, don’t get Me wrong, there are still a lot of things I need to learn with respect to the Rules of Civil Procedure and the Courts of Justice Act (which are the two main authorities governing Canada’s Courts of Justice), but I am continually re-reading them and trying to familiarize My Self with them as much as I can. That knowledge and the application of that knowledge has made a monumental difference in terms of the response to My Claim, both at the Registrar’s desk and with the ‘Courts’ as an anonymous, impartial body of Justice.

When I say I’m not revealing My full Hand, for once I Will not be sharing the emails I have received from the Court since the Claim was dismissed, I am only indicating that I have received them and that they are in regards to scheduling a Motion pertaining to My Case.

Is it reasonable for Me to presume that the Courts would provide Me with this information a day after the case is dismissed if it is no longer relevant? Remember how I said that the Courts communicate very diplomatically? They are never going to tell Me what to do, or let Me know what I can do. But they might send information about how to book My Motion after My case is dismissed in hopes of encouraging Me to look into it. That was the first Quest-Ion I was as King of My Self when I received the first email, ‘can I still file a Motion if My Case is dismissed?’. The answer is, yes I can.

Again, this is where a Self Presented litigant may typically be at a disadvantage because I believe that most lawyers (including defense counsel for the city of Ottawa) Will believe the Matter is over and there is nothing more I can do unless I Wish to appeal the decision in a higher Court.

‘Unless’ and ‘higher’ are in italics in the previous sentence because I Wish to remind You why this is not necessary. One of the reasons I chose to file into Ontario’s Superior Court is because it is a Court of [competent] inherent jurisdiction.

3. What constitutes a court of competent jurisdiction to grant remedies under section 24(1)?

The application for a section 24(1) remedy must be made to “a court of competent jurisdiction.”

Section 24(1) does not extend the basic jurisdiction of the courts and tribunals; its applicability depends on a jurisdictional basis external to the Charter itself (Singh v. Canada (Minister of Employment & Immigration), [1985] 1 S.C.R. 177 at page 222).

The superior courts of each province have constant and concurrent jurisdiction to hear section 24(1) applications to ensure that there is always a court of competent jurisdiction (Rahey, supra, at pages 603-604; R. v. Mills, [1986] 1 S.C.R. 863, at page 956; Weber v. Ontario Hydro, [1995] 2 S.C.R. 929, at page 962; Canada (Attorney General) v. McArthur, [2010] 3 S.C.R. 626 at paragraph 14). They are the “default” courts of competent jurisdiction (Doucet-Boudreau v. Nova Scotia (Minister of Education), [2003] 3 S.C.R. 3 at paragraph 45). 

“Applicability depends on a jurisdictional basis external to the Charter itself”!

I am repeating that quote because that is essentially the premise of ‘inherent’ jurisdiction. The Jurisdiction of the Court is determined by the Matter at Hand (which may exceed the jurisdiction of Canada’s Charter), which is what is meant by ‘external to the Charter itself’.

Also, You Will notice if You read the Justice’s determination that she suggests ‘fining’ the defendants $100,000.00 per offence of trespass upon My Spiritual rights and convictions (do not take the Lord’s name in vain) has no legal merit or foundation.

“He also advised them that he was entitled to a fine of $100,000 each time the City addressed him as “VONDEHN, Sean”. There was no response from the City, which Mr. von Dehn took to signal acceptance of his claim of entitlement to a penalty.”

Sally A. Gomery

(ii) Civil/administrative remedies

Damages are available in appropriate cases where they would serve a “functional” purpose in remedying a Charter violation. This requires a claimant to demonstrate that damages would further one or more of the general objects of the Charter, including those of section 24(1), namely: compensation (remedying any personal loss the claimant has suffered); vindication (importance of upholding Charter rights); and/or deterrence (of further breaches by state actors) (Ward, supra, at paragraphs 25-31).

Hmmm. It appears there is a legal foundation for fining state employees for trespass upon their rights! Gee, You would almost be thing King I am psychic or something…

The “fine” was intended to deter any further breaches upon My Spiritual beliefs and convictions by state actors. Now are We beginning to see how all the world is a stage? Just wait until You read the whole page, and I strongly recommend that You do because it tells You about all of the incredible powers the Courts of Canada have to provide remedy (regardless what Judges and Justices may be privy to without influence and direction). 😉

Finally, I am hoping to go over all of Silly Sally’s determination tomorrow but before I Sign off today, just so You are not thing King I am going be dismissing this Order by Way of the authority, powers, and jurisdiction of a King, I am simply going to be Magically invoking the Court to exercise the Power and Authority it already has under My direction.

RULE 2  NON-COMPLIANCE WITH THE RULES

EFFECT OF NON-COMPLIANCE

2.01 (1) A failure to comply with these rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and the court,

(a) may grant all necessary amendments or other relief, on such terms as are just, to secure the just determination of the real matters in dispute; or

(b) only where and as necessary in the interest of justice, may set aside the proceeding or a step, document or order in the proceeding in whole or in part.  R.R.O. 1990, Reg. 194, r. 2.01 (1).

So I can make a Motion to set aside the Order of Justice Sally A. Gomery for violating the Rules of Civil Procedure and appealing to the Court a second time in violation of Rule 1.09, where the Courts have already determined that the ‘Motion’ the Judge is responding to is not being heard by the Court because it was made in violation of the Rules. The Courts also determined that I Will have an opportunity to present Motion materials in opposition of the Motion if one is made. Defense counsel committed perjury on the Court of Record by failing to share this information with the Judge (because she doesn’t have a copy of My Letter of Reply from the Court on this requisition, which was provided to Me on June 25th). This may also be considered an attempt to influence Justice and defense counsel may legitimately be subject to criminal prosecution, but I really have no Idea. I just Wish for You to know that the Rules of the Court actually allow them to overturn this decision if they know it was made contrary to the Court’s Wishes and in violation of the Rules.

Oh… One more point or I’m just leaving You hanging and Creating Magical Titles without explanation.

-rect- comes from Latin, where it has the meaning “guide; rule; right; straight. ” This meaning is found in such words as: correct, direct, erect, indirect, insurrection, misdirect, rectangle, rectify, rectitude, rector, rectum, resurrection.

Re-Sir-Rect-Sean. Make more sense now?

Love and Blessings,

P.S. This is a close up of today’s feature photo. I can still Create little ‘crystal trails’ between water sources and plants. This is a lava rock sitting in about an inch of water. The white crystals started showing up the morning after I added plants to it. You are watching root systems develop in their earliest stages, before they are even physically connected to the plant they are delivering water to! Water has consciousness!!! 😀