Correspondence On Justice

Open letters to current Canadian Ministers of Justice #

Re: CJC File: 14-0393 #

This is a compilation of various letters written to incoming Federal and Provincial Justice and Prime Ministers over the past twelve years regarding a formal complaint made to the Canadian Judicial Council.

The fact that the complaint has never received a genuine, meaningful response is in direct defiance of a statute of the Canadian Parliament.

This is a violation of the rights of all Canadian citizens. Yet all we seem to get is a wall of silence. Below you will get a sample of some generic responses from Ministers to a legitimate and gravely serious complaint. This represents a failure of Parliament to bring to heel a privileged elite institution.

The vagueness of politician’s answers to any specifically worded question is directly proportional to the likelihood that something requires further scrutiny. All government ministers appear most adept at batting away questions in processes that clearly defy rational logic.

One of the disquieting symptoms of an assault on democracy, is the deflection of serious concerns by supposedly responsible ministers; ignoring dire predictions, shrugging off complaints, buying into a laissez-faire attitude by making sunny media pronouncements, lulling citizens into a false sense of security, are all tactics of “glorious inaction”.

Ignoring legitimate complaints throws into vivid relief, the indifference, the moral bankruptcy and public hypocrisy of high office. Inaction on judicial reform should be political poison.

The lack of clear understanding of our family’s documented narrative is a problem. But the biggest problem, of judicial analysis in our case is that four judges had no interest in accuracy and all their findings made absolutely no sense to an audience reliably informed. This demonstrates an utter contempt for us.

All we want in adjudication is rigour, impartiality and accuracy. These appear to have gone missing in Canada’s Justice system.

Under Beverley McLachlin, the real decision-maker in Canada became a judicial aristocracy, an unelected, unaccountable and unsackable body that treats elected parliaments and the public with disdain, if not contempt. To see how that pans out, look south.

A sample of letters and responses

My letters are in reverse order, with the initial one, in 2012, at the end. See the right hand side bar: Original letter of Complaint

23/11/24

The Honorable Prime Minister of Canada, Mr Justin Trudeau.

Further to many pleading emails, I reiterate my main concerns on how to improve the performance of Canadian judges.

I do not believe Justice Shawn Greenberg (of Manitoba’s King’s Bench) any longer is owed judicial immunity.

Her unfounded decisions in the Hoffman/Heinrichs, Jason Hyra and Frank Ostrowski, cases should be deemed to have fallen below acceptable standards of respect and therefore she should be subjected to an investigation for possible impeachment.

Should she attempt to escape censure by resigning, a fine of $60.000 per mismanaged case could prevail.

This would result in a resounding warning to all other Justices in Canada to properly manage the evidence before their courts.

With respect, Charles Klassen

Response to an editorial opinion

Thu, 19 Sep 2024 To: city.desk@freepress.mb.ca Subject: Justice

The Editor:

Accusing the Premier of misunderstanding a lawyer’s role is not quite as clear as your opinioned editorial purports. While the basic premise holds, it is an obligation of members of parliament to demonstrate they represent all the people in being responsible for administering justice in this province.

All politicians should make a clear break from previous associations and concentrate in governing for the whole province.

Perhaps if we were as much concerned about the many hapless innocent victims over the past 50 years that Nygard operated with the complicity of police, courts and government, I would have more sympathy with your misplaced concerns.

Consider also the many victims of a well-documented dysfunctional justice system in Manitoba which caused a lot of unneeded pain and suffering to many including Louis Riel, J.J. Harper, Tina Fontaine, Brian Halcrow and many other indigenous victims. Ian Histed, Jason Hyra, Frank Ostrowski have never been compensated for their malign treatment by the courts.

Originally defense lawyers were essentially there to protect the rights of the accused to get a fair trial; today they appear only interested in winning at all costs to establish reputations to command higher fees. Each new Statute becomes a potential smorgasbord for gorging.

If the NDP stands for justice, why does the WFP, advocate for venal and vested interests?

Charles Klassen, U. 885 22 Jane Bell Lane, Melbourne, 3000, Australia.

Ph: +61412055825

Not necessarily for publication:

“… you really feel you’ve done something when you get the guilty off.” Stuart Littlemore, QC, 1995.

More @ https://nebo-lit.com/topic-areas/Justice/lawyers.html

https://nebo-lit.com/topic-areas/case-studies/Manitobas-Justice-System.html

08/09/24 #

To: pierre.poilievre@parl.gc.ca Subject: Fwd: Royal Commission

FYI.

The responsibility of Justice belongs to all elected representatives.

Forwarded:

Date: Sun, 08 Sep 2024 16:59:43 From: “Charles " klassec@usa.net To: “Prime Minister” PM@pm.gc.ca Subject: Royal Commission

The Prime Minister of Canada, The Honourable Justin Trudeau.

Re: Full Royal Commission into the entire Administration of Justice in Manitoba.

The death of Tammy Bateman, a homeless woman in her 30s who died after being struck by a police vehicle at the Fort Rouge Park riverside homeless encampment Monday night (September 2, 2024) is yet another tragedy that could have been avoided.

It follows a spate of institutionalised racism.

On April 21, 1965: The Winnipeg Free Press reported a visiting official from the U.S. NAACP said Canadians who refused to see the plight of Indigenous and Métis people as related to racial discrimination were suffering from myopia.

Indigenous discrimination and marginalization, leads to self-harm. The litany of shame started with British arrogance against Louis Riel, and continues today with cases like J.J. Harper, shot by the police, Tina Fontaine, Brian Halcrow and many others.

Or the CJC investigating Justice Graeme Mitchell, for visiting a Metis protester, Tristan Durocher, in his tepee, on Saskatchewan’s legislature grounds, drawing attention to the high rate of suicide among Indigenous people?

There’s a heavy price you pay for structural, institutional racist injustice.

Until we reckon with our cumulative moral debts, white societies will never be whole or safe.

In June, 2024, Manitoba’s highest court reinstated a former RCMP officer despite his conviction for molesting a nine-year-old girl in 2014.

This adds to a sorry tale.

According to the WFP, Robert Allen Dowd, who is now in his early 60s, was first convicted of assaulting the girl after a trial in 2017.

Here is a great opportunity for your government and Parliament to show that you have the interests of all Canadians in mind by calling for a full Royal Commission into the entire administration of Justice in Manitoba and anywhere else you feel it would be needed.

With respect, Charles Klassen,

27/08/24 #

Justin Trudeau, the Honourable Prime Minister of Canada and various Attorney Generals:

CC: The Honourable Arif Virani, Canadian Minister of Justice and Attorney – General

With respect:

After the former Chief Justice of Canada announced she was stepping down from her position in Hong Kong for family reasons, it was revealed that Beverley McLachlin was taking up a position in Singapore for three years.

Could I respectfully suggest, if she were seriously concerned about salvaging some of her legacy, a return to Canada offering dutiful pro bono services to clean up the mess she left behind might restore some level of respect for the judiciary.

Tackling more than 100 cases of wrongful convictions would be a good start.

All complaints to the CJC should be re-opened.

Her response to Global Integrity’s 2008 concerns of weak regulatory enforcement was insufficient, and ineffective.

Rigorous and deterrent investigations of all judges accused of deliberately, purposely, intentionally and falsely skewing and distorting evidence to form aberrant determinations, would go a long way to regain our trust in Canada’s judicial system.

Most of the victims of her lack of due diligence in regulatory oversight, would appreciate some justice.

All parliamentary representatives owe it to the people of Canada to shoulder their responsibilities of checks and balances.

More @: https://nebo-lit.com/topic-areas/case-studies/beverley-mcLachlin.html

with respect, Charles Klassen

13/08/24 #

Prime Minister of Canada, The Honourable Justin Trudeau

There appears increasing evidence of broken justice systems around the western world caused by a rampant defiant judiciary claiming supremacy over the expectations of citizens.

The Epic of Gilgamesh demonstrated that the ancients believed the gods would protect them from the powerful, however by Hesiod and Solon’s time, it became obvious that societies need to collectively determine their own justice.

Courts appear to be placing its own views over the expertise of over other professions and defying core values and timeless norms asserting their supremacy over the people.

Michael Lesage, writing for the 09 Aug 2024 issue of Canadian Lawyer, claims that despite Ontario’s Auditor General advice that:

“The courts are public assets, supported and financed by the people of Ontario, and the administration of justice is a public good, … we nevertheless believe that it is within our mandate to review information that would be needed to assess the effectiveness of court operations and the efficient use of resources, given that taxpayer monies support court operations.”

Lesage is concerned that Ontario’s Court of Appeal has broadened the Canadian version of judicial independence, turning it into a complete shield against judicial accountability and frustrating the ability of the public and press to learn very basic information about the function, or dysfunction of the court.

Citizens rely on all our elected representatives to curb all institutions meant to serve the public interest.

What is the Canadian Parliament doing to keep the Judiciary to their oaths of office?

As a Canadian citizen and taxpayer, I am concerned about an apparent lack of oversight on Canadian Courts, especially in Manitoba.

Charles Klassen, Melbourne, Australia

…….

The honorable Arif Virani, Canadian Minister of Justice and Attorney – General

The rampant defiance of the American Supreme Court should be a wake up call for all liberal democracies, that under the Westminster System, it is the will of the people through legislative bodies, that should have supremacy.

Beverley McLachlin’s declaration that Judges were now emancipated from their previous duty to apply the law as written by the very legislators empowered by the electorate to make laws. Now, whatever the legislators did, judges were enabled and required to interpret the Charter as they wished and to decide if they judged the legislation adequate and acceptable. In doing so, judges should be guided by their own individual views, which would be laundered into objectivity by imagining how those views were best magnified by the Charter to apply to the issues before them. The result was still “the law, eternal, majestic.” Conrad Black

This is not how hundreds of years of liberal thinkers envisaged progress.

All parliamentarians must shoulder their responsibility to keep judges in check.

More @: https://nebo-lit.com/topic-areas/case-studies/beverley-mcLachlin.html

I repeat my call for the Canadian Parliament to exercise its responsibility to the Canadian people.

Charles Klassen

15/03/24 #

What will it take before our elected officials begin to fulfill their obligations to the community?

The latest scandal that needs to be thoroughly investigated by an independent body is the dispute between lawyer Troy Harwood-Jones and King’s Bench Justice Ken Champagne on Feb. 29 2024.

I am not privy to all the facts, however it does appear extraordinary for a lawyer to be taken into custody during proceedings at which the lawyer is participating, for allegations of contempt of court.

I am well aware that the adversarial system is long past its use-by-date, however it is extremely chilling to all if we can not feel safe in a star chamber masquerading as a court room.

Quoting University of Manitoba assistant law professor Brandon Trask, not commenting specifically on Harwood-Jones.

“While it is important for a court to be able to control its own processes … it can potentially be problematic for a judge to step in and direct the immediate, on-the-spot detention of counsel, essentially with the risk of the judge becoming the complainant, the investigator, the prosecutor, and the arbiter, all at the same time,”

Perhaps the most risk adverse career in Manitoba is being a lawyer. In 1991, Harvey Pollock, who represented the family of J.J. Harper, an aboriginal man the police shot, arrested Pollock for sexual assault, charges so specious Manitoba’s justice minister called in Ted Hughes to launch an inquiry.

Ian Histed questioned procedures of the administration of justice and was charged with uncivil or professional misconduct for lack of deference, resulting in a six-month suspension and costs of $34,000.

John Carpay was falsely arrested and suffered the needless humiliating imprisonment during the holiday season?

Judicial independence does not equate to judicial impunity.

In Australia, Judge Salvatore Vasta was denied judicial immunity when a federal court found in favour of a man, falsely imprisoned by Vasta for contempt of court. The Judge was fined $50,000.

For justice to be effective it requires the respect and trust of the community. Maintaining trust requires the entire justice system to act with unimpeachable integrity.

I will continue to call for a full inquiry into the entire Manitoba Justice System until our parliamentarians fulfill their obligations to the community of Manitoba.

23/07/24 #

Prime Minister of Canada, The Honourable Justin Trudeau.

Re: Crown Immunity

With respect,

I refer to the decision in Canada (Attorney General) v. Power, 2024 SCC 26 reported by Aidan Macnab in the 21 Jul 2024 issue of The Canadian Lawyer.

If the state does not have absolute immunity from liability for damages arising from unconstitutional legislation that infringes Charter rights, then it follows that neither does the Supreme Court of Canada.

The question arises, does the Canadian Parliament exercise effective oversight and accountability procedures for the judiciary?

When the Canadian Judicial Council defiantly violates citizens’ inalienable right to information, do our representatives not have a duty under the Westminster System to enforce their own statutes?

I refer to a 2014 formal complaint to the Canadian Judicial Council. (File: 14-0393).

Despite ten years of efforts, I have not received any meaningful response from the Prime Minister down to the many other authorities. All I get is deafening silence and glorious inaction.

More info @ https://nebo-lit.com/topic-areas/case-studies/beverley-mcLachlin.html#google_vignette

I would appreciate a substantive response from the Canadian government.

Respectfully yours, Charles Klassen

Attorney General (30/01/24) #

The honourable Arif Virani, Canadian Minister of Justice and Attorney – General

The office of the Prime Minister of Canada has assured me on at least two occasions that I will receive a meaningful reply from the Attorney-General’s office. I feel let down.

All Ministers of Justice should be mindful that prudential norms, once weakened and fatally so, invite the spectre of yet more erosion of trust that are liable to unleash the kind of pent-up apathetic outrage witnessed in various spontaneous protests throughout the world, including Canada.

The American System, despite many great Judges, demonstrates how just a few rogue decisions can degrade the whole system so that Trump can slag the whole system with impunity.

Canada too enjoys some great Justices, however the passive acceptane of poor ones causes a lack of faith, confidence and trust in Canada’s legal system indicating an absence of political will and responsibility.

I have made repeated pleas for information on my 2014 complaint regarding Justice Shawn Greenberg. The failure of the CJC to act, implies tacit approval, emboldening her for further unfounded decision making in the Jason Hyra and Frank Ostrowski cases.

Ministers and officials knew what was happening, but looked away, and even if they didn’t know, the reality is the chain of command is responsible.

Authorities know command is both a privilege and a solemn duty. So its hubristic dereliction of duty that is the most shameful.

Despite many international monitoring bodies recommending stronger regulatory enforcement, the Canadian government, walked away from any meaningful or effective action.

I have continually suggested Parliament investigate the apparent malpractice shown by Justice Shawn D. Greenberg, the three Court of Appeal Justices: Coram: Alan D. Maclnnes, Mr. Justice Marc M . Monnin and Mr. Justice William J. Burnett.

I feel they are not fit and proper persons to be judges and are likely to remain unfit indefinitely. The core of my contention stems from their history of making unfounded findings contrary to hard material evidence.

The continued episodes of citizens dying at the hands of Police in Manitoba cries out for a Royal Commission.

I trust you will accept my pleas in the spirit of constructive effort in the restoration of trust in our most prestigious institutions.

Charles Klassen, 22 Jane Bell Lane, Melbourne, Australia

Re: Jason Hyra (sent 04/12/23) #

It is high time for Parliament to address and solve the multiple cases raised by Innocence Canada, including that of Jason Hyra. For your government to blithely acknowledge the problems, while not fully enforcing the recommended actions, is criminal negligence.

For anyone who actually cares about our societal legal/justice crisis, it is intensely depressing to watch the parade of speeches, photo-ops and cash splashes regarding the problem while ignoring the core elements of its causes and solutions.

We have known about long term solutions for more than 4000 years. Just check out Hammurabi, Hesiod, Solon, Plato or many other oracles of accumulated ancient wisdom.

No, we don’t know better.

Orwell, too, came to the slow realisation that the left lacks the spine to actually practice their principles. Genuine conservatives value the integrity of our institutions.

You can salvage your legacy by actually fulfilling the three reforms you promised in 2015 – electoral, public broadcasting and judicial.

With due respect, Charles Klassen

Received: Thu, 18 Aug 2022

From: Ministerial Correspondence Unit - Mailout Ministerial.CorrespondenceUnit-Mailout@justice.gc.ca To: “klassec@usa.net” klassec@usa.net

Subject: Correspondence from the Department of Justice Canada Department of Justice Ministère de la Justice Canada Ottawa, Canada K1A 0H8

Charles Klassen:

I acknowledge receipt of your correspondence concerning your personal situation.

I hope you will understand that the Minister of Justice and Attorney General of Canada is not able to become involved in the situation you describe.

I regret that this office can be of no further assistance to you in this regard.

Yours sincerely,

Julie Gauthier

Manager

Ministerial Correspondence Unit

The Honourable Minister of Justice,

Thank-you for your long awaited acknowledgement of my correspondence to your office.

I feel you have made significant progress in bringing the Supreme Court to heel. However it is imperative for the good of all Canadians that you persist in radical reform of an antiquated Court system to retore our faith, confidence and respect in all officialdom.

Recent protests and attacks on officials and politicians is a cautionary indication of a trust deficit in our democracy. It is ignored at all parliamentarian’s peril.

I do find your response perplexing and inadequate for various reasons:

My personal issue is a denial of legitimately entitled information regarding a complaint lodged with the CJC during 2014. Despite a clear directive of the CJC’s statute, I have never received a meaningful reply.

More significant are my serious concerns about the apparent utter dysfunction of Manitoba’s entire Legal system, elaborated @:

https://nebo-lit.com/topic-areas/case-studies/Manitobas-Justice-System.html

Unless the Canadian Parliament takes serious deterrent action, we are destined to follow America’s lead into a society tearing itself apart.

All parties of the Canadian Parliament are responsible for keeping the core principles of good governance in place.

I offer the above in a constructive effort in restoring the founding principles of sound justice for all.

Respectfully, Charles Klassen

U. 885, 22 Jane Bell Lane Melbourne, Australia

10/02/22

Justice and attorney – General, The Honorable David Lametti,

Having read Dylan Robertson’s article on Ottawa raising worries over commission cost, could I make a suggestion.

Since the Miscarriages of Justice Commission, appears to duplicate the mandates of the Canadian Judicial Council, why not disband the latter to fund the former.

Further, by imposing a fine on any Judge and/or lawyer, found derelict, the proportion of pay they wrongfully earned in perverting the course of Justice, would served two purposes, focusing their attention to duty and reducing the number of mistrials.

I make these constructively in good faith.

We all want to see Canada’s stellar reputation in Justice restored.

Charles Klassen

The Prime Minister of Canada, The Honorable Justin Trudeau,

I commend the Ministry of Justice in Canada considering implementing an independent commission that would assess cases of wrongful Judgements.

Further that the commission consist of a majority of non-legal representatives.

Attorney-General, the Honorable David Lemetti is concerned:

“some of (the proposals) are going to be less feasible because they cost more, or they cost too much,”.

What is the total costs of the current protests? They are likely the result of people fed up with all injustices.

The non-profit Innocence Canada claims there are 10 cases of wrongful convictions awaiting decisions, and 90 more in the works, some of whom have been waiting for 15 years.

That should be enough evidence to indicate the CJC has been utterly ineffective in fulfilling its mandate to provide Canadians with Justice. It demonstrates a wanton disregard for the regulatory process.

The easy solution is for all culpable Judges and Lawyers to pay compensation due to their professional negligence. That should focus their minds more acutely in determining their final verdicts.

Further since the CJC is no longer (or ever has been) fulfilling its mandated duty to restrain Judges, defund it and use the money for the useful purpose of funding the Miscarriages of Justice Commision.

Respectfully, Charles Klassen

7 Sep 2021 #

In 2012, before I embarked on a course to call out serious failings of a court case, I consulted with a number of highly placed, informed sources regarding the state of Justice in Manitoba. I was reliably informed by former members of both parties, that the most complaints members of Manitoba’s legislature received had to deal with , misjudgments in the Family court.

Since that time a number of articles in various media have highlighted a growing disillusionment with declining social and racial conditions in Manitoba. It came as a surprise to me that racism, violent crime and a break down in social relationships deteriorated so precipitously. It just reaffirms that once a primary institution becomes degraded, society begins to reflect those failures. Successive Ministers of Justice, of all political persuasions, have spectacularly failed to act on complaints.

Dear Mr. Klassen:

Thank you for your email to the Prime Minister.

Please be assured that your comments have been noted and that they will receive due consideration from the Minister, whom you also addressed in your correspondence.

Once again, thank you for writing.

J.P. Vachon Manager/Gestionnaire Executive Correspondence Services Services de la correspondance de la haute direction

From : Charles klassec@usa.net Received : 02 Sep 2021 11:51:55 PM »>

Subject : Manitoba’s Judicial System »»

The Honorable Prime Minister of Canada, Justin Trudeau.

As a Canadian citizen living in Australia I have lately developed some deep concerns regarding Canada’s impervious Justice System. They do not appear to obey the laws of the Canadian Parliament.

If the law says a complaint make to the Canadian Judicial Council, must receive a reply, how can this be defied? CJC File: 14-0393.

You did promise, in 2015, to reform the electoral laws, re-instate the independence of the CBC and make the Judiciary accountable. Could you re-affirm these noble policies?

Respectfully, Charles Klassen

The Trudeau Raybould case illustrates how far the Canadian Justice system has fallen since the 1990’s. Harper, Trudeau and Raybould have all been less than rigorous in maintaining our confidence and trust in upholding Judicial standards, eroding our faith and trust in the Canadian Judicial System. Faith, confidence and trust, in most institutions, meant to serve the public interest, appears in steep decline.

Jody Wilson Raybould, particularly, demonstrated a naivety; a callow understanding of the Westminster concept of Ministerial responsibility; that her primary duty was to the public - not the judiciary. The courts are commissioned by the sovereign will of the people to meet our expectations and serve the public interest. Despite swearing an oath of office to serve the people of Canada, she preferred, instinctively, to preserve and protect institutional power. All three leaders have been ineffective in curbing the arbitrary and immune power of Judges through the Westminster System of checks and balances. The only way of restoring confidence in Canada’s liberal democracy is a full inquiry into the administration of Justice in Canada.

Instead, recent laws have actually given the Canadian citizens less insight into Judicial oversight, making Judges even less accountable.

Parliament needs to gather the facts, initiate a proper auditing investigation into the Canadian Judicial Council, in order to protect the rule of law. All western democracies are suffering a similar crisis of confidence.

We are looking for signs that all Canadian parliamentarians are serious about fire proofing our fragile democracy by maintaining the delicate balance of powers between the three arms of government. In 2015, Justin Trudeau promised reforms in electoral and Judicial matters, restoration of trust in the CBC and other Public institutions. Is there any evidence of increased confidence today?

Overview #

It remains my impression that the Canadian Judicial Council fails to discharge its responsibility to the parliament and, more importantly, the Canadian public.

Parliament’s “Article 12.1 of the CJC’s Procedures:

“The Executive Director must inform the complainant by letter when a matter is dismissed or concluded by the Chairperson, and indicate the basis on which it was dismissed or concluded” appears non-compliant.

A meaningful response to my complaint, CJC File # 14-0393, is six years overdue, despite many overtures to various Ministers of Justice:

May 14, 2020 #

The Honourable Minister of Justice, David Lametti,

Re: CJC File # 14-0393

With due respect, the RCMP’s failure to act on complaints of Gabriel Wortman’s obvious danger to the community, is just another symptom of the law’s non responsiveness to the citizens of Canada.

When the very institutions invested to protect our democracy, fail us, we are in danger of following the American’s lack of respect for their Justice system. We cannot afford to let that happen to Canada.

With respect, I urge you to seriously consider my series of complaints regarding the Canadian Judicial Council’s failure to address serious complaints about Judges falling standards. No one is above the law.

Respectfully yours, Charles Klassen

2019 #

The Honourable Minister of Justice, David Lametti,

Re: CJC File # 14-0393

Despite assurances from the Prime Minister, I have not heard from you. With due respect I call upon you to fulfill your sworn duty to the Canadian public.

There is a danger in the collective West, including Canada, that we become a people increasingly overwhelmed, defeatist and distrustful of governmental institutions meant to serve the public good.

The real culprit is Canada’s legal system’s inability to call out its wayward judges.Whenever Judges defy statutory standards, they defile their own authority. As Brian Toohey writes. “Secrecy often hides incompetence and rewards conformity.”

If there’s one thing the courts do well, it’s blindfold our right to know, believing an uninformed public is more easily manipulated. The CJC operates behind a veil of Kafkaesque secrecy.

The media, with notable exceptions, meekly accepts this policy.

You can address this by reining in the power of the Canadian Judiciary by insisting it abide by the statutory laws of the legislatures.

My main complaint in the Hoffman Heinrichs case above was that the courts appeared to flout their power in defying the Manitoba Mental Health Act.

The CJC further flaunted their defiance of the Canadian Parliament by not responding to my complaints in 2014, despite a clear mandatory requirement to do so.

These are critical concerns that you, all parliamentarians and all Canadians should take seriously. These, in my opinion, constitute a contempt of law.

I await your response.

Charles Klassen

Melbourne, Australia

—— Original Message ——

Received: Thu, 15 Aug 2019 12:28:33 AM AEST

From: Prime Minister/Premier Ministre <PM@pm.gc.ca>

To: “Charles " <klassec@usa.net>Cc: “David Lametti, P.C.,M.P.” &l mcu@justice.gc.ca;

Subject: Office of the Prime Minister / Cabinet du Premier ministre

Dear Mr. Klassen:

On behalf of Prime Minister Justin Trudeau, I would like to acknowledge receipt of your correspondence regarding the Canadian Judicial Council.

Please be assured that your comments have been carefully reviewed. As you know, the issues you raise fall more directly within the purview of the Honourable David Lametti, Minister of Justice and Attorney General of Canada, to whom I note you have also sent a copy of your email. While the Prime Minister appreciates being made aware of your concerns, he will leave your correspondence to be considered by Minister Lametti.

Thank you for taking the time to write.

M. Bredeson

Executive Correspondence Officer

I appreciate the CJC’s difficulty in defending indefensible decisions or justifying unjustifiable procedures, but we do need a sign that our governments care and are committed to providing Canadians with a reliable and trusted Justice System. This can only be done by all politicians enforcing the black letter law of the Judges Act.

Article 12.1 of the CJC’s Procedures is clear, explicit and unequivocal:

“The Executive Director must inform the complainant by letter when a matter is dismissed or concluded by the Chairperson, and indicate the basis on which it was dismissed or concluded”.

Unless there is some incomprehensible nuance there, it appears the CJC is in blatant breach of that requirement.

We can only restore our faith in the values of liberal democracy, fair governance and the supremacy of parliament by curbing the excesses of the Supreme Court.

Your support in this matter is greatly appreciated.

Charles Klassen

12/10/19 #

Transparency

Re: Canadian Judicial Council – (File: 14-0393)

Having read online various reports of decisions of The House of Commons Standing Committee on Justice and Human Rights (JUST), I feel encouraged to plead a wider case through the Court Challenges Program (CCP). I feel my issue applies to all Canadians.

My appeal to you regards a perception of the lack of transparency of the Canadian Judicial Council; to find out why there appears no accountability and no transparency in the Canadian Judicial Council’s non-compliance to an act of the Canadian Parliament.

It remains my understanding that by law: Article 12.1 of the CJC’s Procedures: “The Executive Director must inform the complainant by letter when a matter is dismissed or concluded by the Chairperson, and indicate the basis on which it was dismissed or concluded”.

Yet six years later I am still waiting for this information. This veil of secrecy and contempt for citizens appears to be the norm.

I am willing to assist your committee in any way you require and trust that you will assist me in gaining my basic, irrefutable and inviolable right, ensuring that even an Executive Director is subject to the laws of the Canadian Parliament.

Respectfully, yours

Charles Klassen 12/10/19

The most recent letter to a Justice Minister:

The Honorable Minister ……..

Congratulations on your recent appointment. “Something is rotten in the state of Canadian Justice and cursed spite that you were selected to set it right”.

Assuming responsibility for strong judicial personalities can be formidable challenge.

I am writing to you in good faith as the sixth provincial and national Justice minister in six years. With due respect, we rely on fearless responsible ministers to restore our faith in justice and democracy.

When something is wrong, we need governments to address the problems and fix them.

The symptoms of a broken legal system include a denial of institutional justice, running the risk of vigilante justice through digital lynch mobs on social media, eroding faith in government, resulting in the election of extreme populist demagogues.

My concerns are in regard to the failure of the Canadian Judicial Council to comply with a mandatory statute of the Canadian Parliament in not responding to my formal complaints regarding the perception of a mistrial - (File: 14-0393). This is a clear abdication of responsibility, an abrogation of its statutory duty and a violation of my birth right, demonstrating undemocratic secrecy.

Letters to five Canadian Justice Ministers have been ineffective. All appear to excel in the delicate art of evading their duties, obligations and responsibilities. All ministers swear an oath to be responsible to the greater community.

I believe there is a wider systemic issue where the Supreme Court has exceeded its purview. While it was challenging the Harper Government, we were happy to be its cheerleaders, however, the Supreme Court appears to have evolved into an activist role that usurps the role of the elected members of the public. This gives licence to the lower Justices to flaunt their own unfounded interpretive prerogatives that deny natural justice and defy procedural fairness. In the above case, the court appears to defy the clear intent and purpose of Manitoba’s Mental Health Act to adjudicate in a manner not to exacerbate family discord.

Attempts to rein Judges in appear beyond the reach of individual Ministers of Justice or the CJC. The only hope we have is for bi-partisan parliamentary committee to investigate falling standards of professionalism. The unanimous passing of Rona Ambrose’s bill was a promising gesture, but did not go far enough. It is worth noting that Jody Wilson Raybould reluctantly agreed to make the support of the Bill unanimous.

Yet where is any action?

I am calling on the government of Canada, one of the world’s most highly regarded bastions of fair governance, to conduct an audit into the effectiveness of the CJC to determine whether it is adequately fulfilling its statutory mandate of maintaining acceptable standards.

In the light of the Canadian Judicial Council’s failure to adequately investigate serious matters, the Canadian Government needs to establish an independent parliamentary inquiry to fully scrutinise how Justice is being administered in Canada.

We can see how much damage a dysfunctional Justice System can do simply by looking across the border. We do not want this to happen to Canada.

Canadians too, appear to be facing a crises of faith and trust, not only in general, but in the integrity of its most prestigious institutions. The world is darkening once again.

The critical issue at the heart of my dispute with Canada’s court system is an apparent deeply entrenched “culture of control” or monopoly over the source of all information and an apparent manipulation of evidence regardless of its probative value. The elementary principle of discovering, determining and establishing the facts of the case appears to be missing. Peremptory, arbitrary and dogmatic determinations based on airy or unfounded claims do nothing to inspire faith or confidence in the entire system.

Persistent errors of fact, due to a narrow focus, resulted in a lack of perspective and context, leading to misunderstandings and a complete distortion of our rigorously researched and well documented family narrative. The central finding that her extended family had little to do with her at this time is demonstrably and offensively false. You can appreciate the grievous damage this calumny does to devoted caring family members and the sacred memories of our dutiful elders.

Do court officials have the imperious power to overlook crucial evidence in favor of airy and tenuous self serving assertions; to draw uncanny inferences arbitrarily and to reach elliptical conclusions without any substantial evidence? When there exist conflicting assertions, does the court not have a responsibility to verify or validate its choice of one over the other?

The Canadian court system attempts to gloss over my Aunt Anne’s medical condition and despite hearing a mountain of hard, material and expert evidence on her progressively noticeable deteriorating condition of Schizophrenia from the 1950’s to the end of her life; makes a final finding that in 1980, she was merely “eccentric” with free volition and therefore possessed “testamentary capacity”. This, in my opinion, is inconceivable; not only an implausible, but an “impossible finding”.

How the court can cure severe schizophrenia into an “eccentricity” is a dizzying mystery that would surely tax even the greatest medieval philosopher. Was it accomplished by an act of faith healing, waving a magic gavel or just a bit of dark legal art – sophistry?

Further I contend that five key premises underpinning critical conclusions are all based on unwarranted assumptions; unsourced, unsubstantiated and unsustainable.

One inferential blunder might be considered a misfortune, two begins to look like clumsiness while three or more appears like perverse professional negligence based on consciously narrow blindsided partisanship.

If we were ever in any doubt that judicial decision making is an imperfect craft we get a clear reminder of its imperfection in this case. The whole case was an unsubstantiated beat-up. It wasn’t that there wasn’t enough definite reliable information to draw realistic inferences, just that the court consciously and wilfully ignored all grounded evidence in favor of unfounded assertions, thereby failing to credibly justify its final conclusions.

It is my continued contention that the court is in gross error due to its failure to convincingly establish the ascertainable facts of the case. Trading on simplistic stereotypes fashioned by uninformed and discernibly ill-informed generalised assumptions just diminishes our respect and faith in the court system.

I urge the government to re-assert the clear principle that the judiciary must maintain acceptable standards that meet community expectations. Any blatant disregard should meet with deterrent censure encouraging more grounded procedures.

We all make mistakes from time to time, an individual or institution’s credibility is enhanced, not diminished, by acknowledging the error, correcting it and apologising for the offence caused.

Failure is simply the cauldron of experience – there is no such thing as failure as long as we are prepared to learn from the pain and agony of it. All institutions should remain true to the proclaimed values of Justice and show the moral courage necessary to see complaints as opportunities for improvement and to admit failures as a badge of honor. The Court’s hierarchy needs to demonstrate courage and integrity by exposing itself to independent scrutiny.

What needs to be determined is whether this systemic failure was due to lack of competence or by design. Is this an isolated case or is it a systemic issue?

With all due respect, this can only be done by an independent non legal but transparent process. Self-regulation appears to have failed. Asking Judges to investigate each other is a bit like the time honored conceit of commissioning a skulk of foxes to investigate the presence of blood in the chicken yard and expecting them to implicate their own.

As Einstein said, “We can’t solve problems by using the same kind of thinking we used when we created them”.

In 1837, a young Queen Victoria charged Canadian Political leaders, with a core responsibility that isn’t negotiable: the task of leading. Leading requires moral courage. Responsible leaders must act when they are made aware of wrongdoing by those under their jurisdiction. This restores trust, faith and confidence in our governments.

Canada has had a long and envious record of good governance that is now at risk. We do not want the Canadian Judicial system devolve like so many other countries have, where people resort to vigilante justice and families begin to tear themselves apart because the courts have failed to resolve disputes in fair or equitably ways.

Failure to act in this case, can easily been seen as a failure of leadership and good governance. It invariably leads to the rise of demagogues.

It is in the long term public interest of the Canadian Government and the Justice System that our confidence and trust in the judicial system is not undermined. Institutions need to focus on public interests.

Cultures that promote short-term small time power assertions over longer-term public harmony contribute to a lack of public confidence and trust in the Government and give rise to populist demagogues like Donald Trump.

Parliament, representing the supreme power of the people, must act as a check on judicial accountability. When a court is clearly in error in procedures of findings, Parliament has not only a right, but a duty to investigate.

I would appreciate your response.

Respectfully yours,

Charles Klassen

Melbourne Australia,

Justice Ministerial Responses: #

David Lametti, 07/09/19

Thank you for writing to the Honourable David Lametti, Minister of Justice and Attorney General of Canada.

Due to the significant increase in the volume of correspondence addressed to the Minister, please note that there may be a delay in processing your email. Rest assured that your message will be carefully reviewed.

We do not respond to correspondence that contains offensive language.

As of 20/02/22 - Response still in delay. Why the significant increase in volume of correspondence? ………..

Non-Response: Gord Mackintosh #

Dear Mr. Klassen,

Your email dated December 22, 2015 addressed to the Honourable Gord Mackintosh, Minister of Justice and Attorney General was forwarded to my office for response.

In your email you express concerns about the perception of justice in Manitoba in relation to judicial accountability. Our legal system is based on the rule of law and a hallmark of our legal system is the principle of judicial independence which ensures that judges make their decisions without fear or favour and without being subject to outside influence. In keeping with this principle, judges make their decisions based upon the facts and evidence presented and the law applicable to the case before them. There are two ways that judges are held to account. Where a party to a case is of the view that the judge erred or came to the wrong decision, an appeal can be considered to the next level of court. It is through the appeal process that a judge’s decision is reviewed to determine whether the decision is to be upheld or was correct.

The second way that judges are held to account is the judicial complaint process. Judges carry out their duties in an open court where members of the public (including the media) can learn of the facts and evidence in dispute and the decision made in a case and also take note of the manner in which a judge conducts the hearing of a case. There are a few exceptions to the open court principle such as cases involving the protection of children and adoption matters. If a person wishes to raise a concern about judicial conduct there are both provincial and federal judicial complaint processes available. For more information on that, please visit the Manitoba Courts website at www.manitobacourts.mb.ca.

I hope my response has been of assistance to you. Thank you.

Sincerely,

Karen Fulham

Executive Director

Judicial Services

Courts Division, Manitoba Justice

408 York Avenue

Winnipeg, MB R3C 0P9

Tel (204) 945-0413

Fax (204) 945-5751

Email: karen.fulham@gov.mb.ca

That is the third of a typical generic response, retrieved from a computer file, full of sound but signifying nothing. As the Greek poet Homer observed “words empty as the wind are best left unsaid”.

Dear Mr. Klassen:

On behalf of the Honorable Peter MacKay, Minister of Justice and Attorney General of Canada, I acknowledge receipt of your correspondence of April 29, 2015, concerning your personal case.

I understand why you have written to the Minister and asked for assistance. However, as Minister of Justice and Attorney General of Canada, Minister MacKay is mandated to provide legal advice only to the federal government. I hope you will understand that, for this reason, he is not able to provide legal advice to members of the public or to become involved in the matters you describe. Similarly, neither departmental officials nor members of his staff are in a position to help resolve the issues you raise.

It may be helpful for you to know that the administration of justice is the responsibility of the provincial governments. Therefore, if you have not already done so, you may wish to write to the Honorable Gord Mackintosh, Attorney General of Manitoba, who is responsible for the administration of justice in that province. Minister Mackintosh can be reached at minjus@leg.gov.mb.ca.

The most useful suggestion that I can offer, given the situation you describe, is to seek the advice of a lawyer in private practice to determine the course of action that will best serve your needs.

Thank you for writing.

Yours sincerely,

L. Bisson Manager Ministerial Correspondence Unit

Notice how they deflect the blame to the provincial governments, when in reality, the oversights of the Queen’s Bench is the jurisdiction of the Federal Government.

Jody Wilson-Raybould #

October 25(th) 2016

Dear Mr. Klassen:

Thank you for your further correspondence concerning the judicial conduct review process administered by the Canadian Judicial Council (CJC). I regret the lengthy delay in responding.

As you may know, the CJC is an independent body established by Parliament to deal with complaints regarding superior court judges.

Pursuant to sections 63‑69 of the Judges Act , it alone is tasked with investigating complaints about the conduct of federally appointed judges. In the ordinary course, it is expected that the CJC will consider and dispose of such complaints pursuant to their publicly established procedure, which includes an assessment of whether a matter warrants the establishment of a formal inquiry.

To ensure respect for the fundamental principle of judicial independence, it would not be appropriate for me to intervene with the CJC in specific cases.

Thank you again for writing.

Respectfully,

The Honourable Jody Wilson-Raybould, P.C., Q.C., M.P.

Minister of Justice and Attorney General of Canada

All of them appear to have a shallow grasp of the difference between the independence of a governmental body and the Minister’s sovereign duty to oversee its compliance, regarding the laws of parliament. In all cases I believe they have shirked their duty to the Canadian people.

Heather Stefanson #

Dear Mr. Klassen,

Your email dated March 9, 2017 addressed to the Honourable Heather Stefanson, Minister of Justice and Attorney General has been forward to my office for response.

In your email you express concern with the approach taken in Manitoba Court of Queen’s Bench in regard to a particular family matter before the court, when compared to a case that you have found to be similar, before the courts in Australia. You also express concern with the operation of the Canadian Judicial Council.

It is certainly open to citizens to criticize the decisions of the court and to make their views known. I think it is important to keep in mind that, while media reports may appear to report on similar cases and where it is therefore difficult to understand why courts would come to such different decisions, there are often factual or evidentiary differences that are not fully reflected in news reports given that they may be the subject of a publication ban, for example.

It is really for the parties to the case to pursue the steps that may be available to them if they are of the view that the court erred or made the wrong decision. Please know that in regard to decisions of the court pertaining to litigation involving private parties, it would not be appropriate, as Minister of Justice and Attorney General, for Minister Stefanson to provide comment.

As to your concerns about the workings of the Canadian Judicial Council and in particular, your view that an audit should be undertaken, you are best to express your views to the federal Minister of Justice given that the Canadian Judicial Council is established pursuant to the federal Judges Act.

Thank you.

Karen Fulham

Executive Director

Judicial Services

Courts Division, Manitoba Justice

May 10, 2017 #

It seems a shame that top Judges are criticised as most of the time they cannot fight back. However criticism of the courts appears a recent phenomenon. Is it a crisis of confidence? The Judiciary has no one else to blame but themselves for falling into disrepute. The lack of judicial oversight has allowed many dubious cases to erode judicial credibility and authority. Once an institution begins to lose the trust of its constituency it loses its legitimacy.

If, instead of chasing shadows, the CJC looked into actual cases of shonky judgments, our confidence in them might be restored. I have been waiting five long years for some meaningful reply to a serious case that warrants a serious response.

The Heinrichs – Hoffman case (File: 14-0393) epitomises much of what we have lost in the past twenty years. In my view it represents a “failure to grasp what is at the core of the judicial role: the imperative to act with impartiality and in a way that respects equality according to law.”

I would add that the court’s elementary purpose is to establish the facts of a case on hard evidence, not on self-serving assertions of benefiting parties.

Conflicting claims went unexamined and untested, defeating the primary purpose of going to court. Instead the court simply made arbitrary capricious findings. Based on lazy assumptions, five critical premises are unsourced, unsubstantiated, unfounded and utterly unsustainable.

With apologies to Oscar Wilde, to get one wrong is unfortunate, two appears careless, three – negligent and four or more - perverse.

The Law Society of Manitoba #

My Submission: Canadian Judicial Council File: File: 14-0393.

When you change governments, you change the course of a nation. Following nine years of autocratic administration, the body politic has become degraded with trust at an all time low. Restoring faith, confidence and credibility, once lost, will take a long time. A first step is to rein in public servants who have accrued power and acquired a master mentality rather than a servant one. Whether Harper was genuine or not in his concession that the “people are never wrong”, all public institutions must accept that the supreme power in any robust and mature democracy rests with an informed public. Trust can only be restored if all institutions are accountable to the Canadian people.

Information is the life blood of democracy so funding must be restored to a fully independent CBC.

Electoral reform must be enacted to ensure never again does a political party gain a mandate with less than 40% of the vote through a first past the post system. Some form of optional preferential voting system can ensure that every vote counts.

The CJC must be investigated to determine whether it is still fit for the purpose it was intended. A new government provides hope, but inaction can soon dash it

I have made persistent but vain attempts to have a parliamentary inquiry to see if the Canadian Judicial Council is fulfilling its mandate as a watch dog on Judicial professional standards.

With due respect, there is plenty of objective fuel to feed the fires of discontent regarding the state of Justice in Manitoba. It is my distinct perception of inadequate Judicial oversight undermining the very authority of the Queen’s Bench. Submissions for investigations into blatant and flagrant partiality and bias have simply been ignored. Our well documented family history has been violated by gross lack of commitment to getting the facts right.

We all share in determining how we are governed, and all Canadians should have an interest in ensuring that our Justice system is beyond reproach and that Lawyers are playing on a level playing field. It appears self-evident that the Queen’s Bench has acquired a reputation for some uncanny decisions and a collegial mentality.

In the case listed below, the court made no pretence of being fair, balanced or even handed in its determination of the facts. All evidence from the applicants, regardless of how probative and substantive, was routinely, systematically and peremptorily overlooked, disregarded, brushed aside…..in favour of the most subjective fanciful unsubstantiated airy assertions by the respondents. A clear, explicit and unambiguous Psychiatric report failed to carry any weight in any of the decision making.

Why do judges do it? Because they can! Judicial oversight appears to be either non - existent or dysfunctional.

This can be demoralising for all when Justice becomes random rather than governed by facts and real evidence.

“When we fear the courts, we have tyranny; when the courts fear the people, we have a robust democracy”. Thomas Jefferson

If the South African Justice can correct itself as in the Oscar Pistorios case, then surely the Canadian system should be capable of addressing systemic failures.

Manitobans pay for and deserve a first world Justice system

Chief Justice Manitoba #

Letter to Minister of Justice of Manitoba 104 Legislative Building 450 Broadway Winnipeg, MB R3C 0V8

Dear Minister,

  1. My family has recently been involved in a case noted as Re: Docket: PR09-01-81729 Indexed as: Hoffman v. Heinrichs Cited as: 2012 MBQB 133 (Winnipeg Centre)

and I am writing to you in good faith and confidence about my concerns regarding the case as they relate to the administration of Justice regarding family disputes in Manitoba.

  1. The case related to the will of Ann Ogilvie born on February 6, 1919 who died on January 4, 2009. Her last will is dated October 20, 1980. In the case the Applicant Rudy Hoffman challenged the validity of the will, alleging

i. suspicious circumstances surrounding its making, ii. Ann Olgivie’s lack of testamentary capacity, and iii. undue influence exerted upon her by her twin brother Jacob Heinrichs. The applicant’s case failed, Judgement against the applicant being delivered on May 2,2012 as did an appeal to the Court of Appeal of Manitoba in which judgement was delivered on July 2, 2013.

3.1 With due respect to the Court It is my submission that significant errors of procedure and judgment were made by all concerned. There are also a number of significant errors of fact in the judgement which I now detail for your consideration in sub paragraphs I to ix: i. At para. 33 of the Judgement the Court held that “where suspicious circumstances are present, the onus is on the propounder of the will to establish that the will was executed with the knowledge and approval of the testator, and if suspicious circumstances relate mental capacity, that the testator had capacity to execute it.

ii. Further at para. 53 the Judgement significantly says “The fact that Ann Ogilvie suffered from schizophrenia is a ‘suspicious circumstance” which places the onus on the propounder to establish that she had testamentary capacity. This is not easily done 30 years after the fact.”

iii. In the Judgement at para 54 Her Honour writes “The relevant date for considering Ann’s capacity is the date when the will was executed, October 20, 1980. I place little weight on the evidence of her behaviour several years before or several years after that date”.

Ann suffered from schizophrenia for virtually the whole of her adult life and the Court concedes that this is a ‘suspicious circumstance’. As the onus of proof of capacity rests with the respondent it is submitted with respect that it is an error not to take this evidence into account in considering testamentary capacity and this failure supports the view that the onus proof is not discharged.

iv. the evidence is that Ann suffered from schizophrenia for many years and was suffering from that disease at the time of execution of the will.

v. It appears that when Ann’s husband died on December 16 1978 she became unable to live alone, lived immediately with varied family siblings for several weeks, and then in a series of personal care homes and it thus follows that she was not able to care for herself. This evidence is relevant to the question of discharge of the onus of proof.

vi. At para. 17 of the Judgement the Judge says that “One cannot draw any conclusions regarding capacity simply from the fact that a person suffers schizophrenia, especially when the person is being treated.” It is submitted with respect that this view is incorrect and that the treated schizophrenia is very relevant in considering whether the onus of proof imposed on the respondent is discharged.

vii. There is evidence from Judith Siemens who was director of nursing at Ebenezer Home at the time when the will was executed that it was sometimes difficult to get Ann to engage in group activity, and that there were occasions when she was heard talking to herself or apparently yelling at someone who was not there. This evidence is relevant to the question of discharge of the onus of proof.

viii. There was evidence from Phyllis Erlandson which described Ann as difficult, and evidence from the respondent’s sister Lorraine Plett that Ann was sometime “out of it”. This evidence is relevant to the question of discharge of the onus of proof.

ix. It is commonly accepted that a material consequence of schizophrenia is cognitive impairment of which fact the Court must be taken to have judicial knowledge. The existence of this cognitive impairment must weigh against any reasonable probability that the onus of proof in the case was discharged by the respondent.

  1. The premise that the late Ann Ogilvie was close to her twin brother and did not have a close relationship with her older siblings is false. There is a mountain of evidence that refutes the former and similar amount to indicate the care she received throughout the seventies and eighties from all of her siblings through her life.

  2. The claim made by Coram: Mr. Justice Alan D. Maclnnes of the appeals Court that:

Ann’s husband died December 16, 1978. She went immediately to live with Jake and his family until January 15, 1979, when she became hospitalized.

Is not correct. In fact after the death of Uncle Fred Ogilvie in 1978, Aunt Ann refused to go back to her house so she lived with my parents in Carmen for the next two weeks. My parents were 77 at that time and Mother found it too much of a burden so she moved to her older brother Ben and Tien’s house in Halbstadt for another two weeks, then to Uncle Jake and Mary’s briefly before going into a home.

  1. Family records also show that Aunt Anne had very intimate relationships with her older sisters Marie (19 years difference) Susan (17) and Helen (14) the two elder as surrogate mothers. Throughout the fifties and sixties, Aunt Marie was the mainstay of support for Aunt Ann while throughout the seventies and early eighties it was her older sister Susan, my mother. To deny this tramples on sacred memories. Records also indicate enduring relationships with many of her peer nephews and nieces.

7.. In contrast, Warren Heinrichs was born in 1957, the year Aunt Anne was 38 and first admitted in a mental hospital. It simply beggars belief that she could have “bonded” with him in a more real or meaningful sense and singled him out rather than relatives with whom she had shared an insular childhood and maintained longstanding intimate and enduring relationships as evidenced by her letters from Winnipeg to Halbstadt.

  1. As a first step the above case should be declared a mistrial for the reasons I have set out. We would appreciate a new trial where all relevant evidence could be put on the table. In clear conscience, I appeal to the government of Manitoba to fully investigate all aspects of the above case in an independent and transparent manner.

Yours in good faith,

Charles Klassen 1 Harold Avenue Sydney, NSW 2120 Australia August 1, 2013.

Minister of Justice - Manitoba #

Andrew Swan 104 Legislative Building 450 Broadway Winnipeg, MB R3C 0V8 02/08/2013 minjus@leg.gov.mb.ca

Re: Docket: PR09-01-81729 Indexed as: Hoffman v. Heinrichs Cited as: 2012 MBQB 133 (Winnipeg Centre)

The applicant’s case failed, Judgement against the applicant being delivered on May 2,2012 as did an appeal to the Court of Appeal of Manitoba in which judgement was delivered on July 2, 2013.

I am writing to you with regret but in good faith and confidence about my broader concerns regarding the administration of Justice concerning family disputes in Manitoba.

I do not believe reasonable efforts were made to gather all the facts and grasp the whole context of the family due to restrictive limitations of narrowing the focus of relevant evidence to a two year period surrounding the signing of the will. Unfortunately this constriction resulted in a misconstruing of factual evidence due to a lack of context and producing a distortion of the perception of reality. Further, vital information was suppressed due to the intimidation of a guileless eighty-five year old witness. It is surprising that the most informed witness is given the least credence.

The main premise (repeated at least four times) that Aunt Anne was close to her twin brother and did not have a close relationship with her older siblings is simply incorrect. It begins as a fanciful and speculative notion and becomes inexplicably transformed by mere assertion and repetition. There is a towering mountain of evidence that refutes the former and similar amount to indicate the involvement of care she received from all of her siblings and extended family throughout her life.

Further the claim made by Coram: Mr. Justice Alan D. Maclnnes of the appeals Court that:

Ann’s husband died December 16, 1978. She went immediately to live with Jake and his family until January 15, 1979, when she became hospitalized.

Is factually inaccurate.

It is the cumulation of factual error that undermines the credibility of conclusions.

I raised my concerns about the original trial with the Chief Justice in August 2012, and he was either unwilling or unable to respond to them satisfactorily. His position appears to assume that once a judge is commissioned, their discretionary powers cannot be questioned. In my opinion, this is a failure of adequate oversight.

As a first step the above case should be declared a mistrial. Much significant material evidence was either denied, not given its due consideration or misrepresented. Most of the conclusions cannot be supported by grounded evidence.

In clear conscience, I appeal to the government of Manitoba to fully investigate all aspects of the above case in an independent and transparent manner. I further urge the government to establish the clear principle that the judiciary is not allowed to make incorrect and inconsistent evaluations of evidence and to draw factually unsupported conclusions through overly subjective processes. Such exemplary censure could encourage more grounded approaches in future cases.

Canada enjoys an envious reputation in regards to social justice and good governance. It would be a shame to see this eroded. Trust is difficult to restore. We depend on our community leaders to exercise strong regulatory powers in responsible governance to hold all public servants to account in the public interest.

I attach further relevant material under separate cover to support my arguments.

Yours in good faith

Charles Klassen 1 Harold Avenue Sydney, NSW 2120 Australia August 2nd 2013

Original letter of Complaint #

August 2 (nd), 2012

The Honourable Chief Justice Glenn D. Joyal

Law Courts Building
Main Floor, 408 York Avenue
Winnipeg, Manitoba R3C 0P9
Letter to Chief Justice:

Re: Docket: PR09-01-81729

Indexed as: Hoffman v. Heinrichs

Cited as: 2012 MBQB 133

(Winnipeg Centre)

I am writing to you in good faith and confidence about my broader concerns regarding the administration of Justice regarding family disputes in Manitoba.

I acknowledge that this approach is unusual and irregular and may seem impertinent, however the seriousness of my allegations require urgent attention and are intended to avoid future strife, complications and embarrassment to all.

Governments throughout the world are considering more grounded methods of dealing with family matters than the tradition bound Court systems provide.

My family feels aggrieved by the process in the above case and feel there must be a better way to resolve inter and intra-family disputes than this court case provided. I am concerned that the present court system may not be the appropriate forum for resolving such disputes.

Our main concerns centre around the narrow framing of the case which was used to constrain our story. I do not believe reasonable efforts were made to grasp the whole context of the family narrative leaving many of the assumptions, premises and conclusions open to derision. It appears a disingenuous approach to presume less information will provide more authoritative and reliable conclusions.

Much of our evidence was studiously and peremptorily dismissed, completely ignored or overlooked as inconvenient to laboured manipulated arguments that defy logic or natural justice. This is not an objective, considered or balanced judgement and does little to inspire confidence in Manitoba’s Justice system.

Also unusual was the unacceptable level of intimidation used to prevent an eighty-five year old witness from telling her story. This may be an acceptable tactic in criminal cases but appears extraordinary in a civil dispute. If we want to stamp out bullying in schools, the military and in workplaces, how can we countenance it in our court system, especially a family court case?

To put “little weight” on one of the few remaining peer relatives of Aunt Ann appears astonishing logic.

The Verdict will not be appealed due to a number of reasons; the integrity of the process has been contaminated and compromised to the extent an appeal would be futile. Most of us are elderly and need to consider our health, limited resources and our own families. However it cannot be allowed to become a precedence for other cases.

I appreciate that no judicial system is pure or perfect, however I contend the above case is demonstrably unfair and biased. I feel it is imperative that you intervene; this issue should be dealt with promptly and the case be put on hold for due consideration in order to preserve the reputation of family procedural justice. Perhaps a referral to a senior Justice to reassess the entire case and mediate a satisfactory conclusion could be in order.

Further I feel that an independent review of all decisions made by the Honourable Justice Greenberg should be conducted.

A Possible Solution: #

Both parties might agree to the following compromise:

It should be patently obvious from Marie Dyck’s evidence that the Will was troubling Uncle Jake.

Another cousin, a highly revered member of the community and family, Ray Siemens, claims Uncle Jake had asked him “*What would you have done (with Ann’s money)?”
*
Ray had answered, “Why not give it to a charity, then nobody would fight over it.””

It is clear from the above that Uncle Jake had controlled the contents of Will.

A compromise solution would be to use the money to pay off all reasonable court costs and then donate the remainder to a medical foundation dealing with mental disorders such as Schizophrenia.

I have set out my main concerns in two detailed separate attached documents:

  1. The context of the Ogilvie Case
  2. My Personal Response to the Judgement

I trust that you will give our concerns due consideration and respond to the issues raised.

Charles Klassen

Sydney Australia

August 2^(nd), 2012