Witnessing and Practicing Canadian Law

By Captain E. Gerardo da Costa Duarte

Entertaining thoughts of writing the following paragraphs to satisfy the need to seek revenge upon individuals of a less-honourable character, defies the principles of honour and integrity. Rather an analytic process based on experienced events, aimed at correcting society's wrongs merits the creation of a web page with determined interest for change. In the least, an exposé of the nation's governance gone wrong as per my experiences before the Federal Court of Canada, the Provincial Courts of British Columbia, the Supreme Court of British Columbia and the Appeal Court of British Columbia.

In essence the production of this web page satisfies an interest to explain to Canadians and others from different walks of life that the criminal element is not an entity that can be eliminated from our life. And, the best to hope for, involves protecting ourselves from the criminal element by being informed, learning to keep such at bay and via the democratic process, assuring that government carries out its duties of enforcing the rule of law.

When democracy is at play Canadian Jurisprudence represents the wishes of society with an understanding that society is to function free from crime. While Canadians, supposedly, expect positive leadership from elected officials and complain when such leadership goes astray, they often fail to see that when the judiciary fails to implement the Rule of Law created to assure a just and moral society, the politicians and the large number of Canadian bureaucrats  are free to do as they please. Moreover, a sure sign of political leadership run amok  begins with a lack of accountability and transparency supported by judiciary decisions with intent at allowing defunct practices. Purposely, I introduced the words defunct practices to incur a connection to England's Feudal past. After all is said, analyzed, criticized and forever re-examined; Canada is a remnant of the British Empire immersed in Bastard Feudalism.

This web page draws from my worldly maritime experiences and Canadian Court events that began sometime in 2002. Supposedly, within English speaking Canada, the judiciary is only one part of an organization consisting of various entities mandated to safeguard society from the criminal element; the police, the Crown prosecutors and finally presiding judges determine the security offered to society that employs them. To a lesser extent, lawyers that frequent the courts outside of the positions above-mentioned also play a part in safeguarding society from the criminal element given that they are officers of the court, guided by a code of ethics that emphasize their moral responsibility at preserving society's well being. In a nutshell, my web page, herein presented, addresses the conduct of such entities above-mentioned and their obedience to the tight-lipped lord as per the definition of Bastard Feudalism.

By definition, Bastard Feudalism is a term used to describe feudalism in the Late Middle Ages, primarily in England. The main characteristic is military, political, legal, or domestic service in return for money, office, and/or influence. Moreover; "the gentry began to think of themselves as the men of their "lord" rather than of the king". Individually they are known as the retainers, and collectively as the affinity of the lord.

This web page layout is not meant to achieve academic accolades, rather it aims to provide information about segments of Canadian law and enforcement with deceptive mannerisms.  For example, by portraying forefront structure, rules of court, case law, directives, etc..., Canadian Courts insists that it is a genuine entity with a strong mandate to safeguard society from the criminal element. Nothing could be further from the truth, a participant enrolled in court rules and strong evidence that a crime occurred coupled with an expectation of success, sooner or later, finds that the court system is structured to suit the needs of the upper echelons of the judiciary; where cases receive judgments according to the scale of threat to the controlling Lord or better said; authoritative power of the day originating from senior factions of government, corporations or both. Certainly, not dismissing the upper echelons of Canadian society that influence government, given that modern day Canadian aristocracy remains a vibrant force plaguing the process of positive growth with remarkable similarities to old England.  

Negative human traits; jealousy, greed, violence, deception, and all immoralities entrenched in the human makeup, without the Rule of Law, are free to expand and lead society to the confines of undesirable human behaviour. The apparent human path to destruction, bluntly seen in today's human world, stems from a conglomerate of negative traits that reside within us with determined success. Without a doubt, the study of human history assures us that human kindness plays second place to human destruction. Therefore, I am justified in ascertaining with clarity that to accomplish a better human world, the moral process is in desperate need of adjustment at the genetic level with an understanding that such level is currently under study and not easily manipulated to achieve positive results.  And, when obedience to the lord is examined, the series of experiments on obedience to authority which Dr. Stanley Milgram conducted at Yale University in 1961-1962, helps explain how civil servants and others, enlisted by government authorities, to perform criminal acts do so with relative ease.

Stanley Milgram was surrounded in Controversy, for much of his professional life as a result of a series of experiments on obedience to authority which he conducted at Yale University in 1961-1962. He found, surprisingly, that 65% of his subjects, ordinary residents of New Haven, were willing to give apparently harmful electric shocks, up to 450 volts, to a pitifully protesting victim, simply because a scientific authority commanded them to do so, in spite of the fact that the victim did not do anything to deserve such punishment. The victim was, in reality, a good actor who did not actually receive shocks, this fact was revealed to the subjects at the end of the experiment. But, during the experiment itself, the experience was powerfully real and gripping one for most participants.

Engaging in aspects of positive social change when the majority of society chooses to ignore such, requires human strength seldom achieved via social interaction. Without a doubt and in general terms, when society dwells on the negative where no Rule of Law exists to stop such, it soon reaches an epidemic. Taking a step back allowing for analysis of the Canadian "Rule of Law",  it is understood that the Canadian practice of law originates from morals and practices reflective of old European society. For example, the Canadian Criminal Code, a focal point that addresses criminal behaviour within Canada leaves a lot to be desired. The following excerpt originating from the Law Reform Commission of Canada, © (Copyright) Her Majesty the Queen in Right of Canada, 2003, clearly points to a flawed Rule of Law;

“Our present Criminal Code has its roots in nineteenth-century England. Enacted in 1892, it has undergone a number of ad hoc revisions, with the result that we now have a Criminal Code which does not deal comprehensively with the general principles of criminal law, which suffers from a lack of internal logic and which contains a hodgepodge of anachronistic, redundant, contradictory and obsolete provisions. The end result is that Canadians living in one of the most technologically advanced societies in human history, are being governed by a Criminal Code rooted in the horse-and-buggy era of Victorian England”.  

The above-mentioned excerpt arrives with a strong punch aimed at the Canadian intellect, firstly the rightfully owner of such document is no other than the Sovereign Head of Canada; Her Majesty Queen Elizabeth II. By definition Her Majesty Queen Elizabeth II is the constitutional monarch of Canada;

“Canada is a parliamentary democracy and a constitutional monarchy. This means Canadians recognize The Queen as our Head of State. Canada's Governor General carries out Her Majesty's duties in Canada on a daily basis and is Canada's de facto Head of State”.

At the forefront of my legal resolve I challenge counterproductive mannerisms bastardising Canadian jurisprudence. Today, with bluntly available court room evidence a fair and balanced justice system is non-existent in Canada. With fairness to the Province of Quebec that continues to pursue separation from Canada these paragraphs are mute.

Amongst numerous written arguments brought before the Federal Court of Canada and the Criminal Law Courts of British Columbia, I challenged the relevance of a "parliamentary democracy and a constitutional monarchy" where one system of governance  contradicts the other. To date, the said Courts purposely ignored all my evidence and written arguments. While I understand judiciary reluctance to deal with issues involving the Canadian Constitution, I did not expect infantile excuses from presiding justices, when criminal evidence was to be heard. Again, to date the said judiciary purposely ignored all available criminal evidence. When the preceding attitude of ignoring criminal evidence originates from a Lord of the court, with a duty to adjudicate in favour of protecting society from the criminal element, it takes a new meaning far from infantile mannerisms, specifically that the individual is not genuine. Rather, a somewhat irregular, inferior or of dubious origin; a bastard. Therefore, when the preceding definition implicates twenty two (22) Canadian judges and Justices it becomes mandatory to address such individuals by adding the title; bastards.  Thus - Judiciary Bastards - befits them. Click on the image below to access several letters addressed to the Chief Justice of the Federal Court of Canada. Also, copies of my Memorandum of Fact and Law and Motion Record, available below for review. These files are in .pdf format.

Allowing the connect-the-dots crowd to influence one's ability to judge right from wrong with stories of world conspiracies perpetrated by our government together with other centers of power with no concrete evidence originating from factual events, serves no positive resolution for the betterment of one's own community. The average individual is forced to live within a community conducive with the means to survive. Therefore, activities occurring outside one's own community are, in general terms, confusing, given the numerous carriers of creative facts designed to install their own interests with no regard to transparency and accountability to any specific community.  Without a doubt, today's Western World governments have the means to interact with powerful groups forming alliances with no regard to the interests of individual communities. Furthermore, today's Western World participant, lives within a circle of news media exercising brutal powers of influence when our Western World is fast succumbing to the activities of a small minority of men and women who would stake the future of our species on beliefs that should not survive an elementary school-education.  For example, religion carries on its tradition of causing many to die on account of ancient myths and our own attachment to these myths, whether moderate or extreme, has kept us silent in the face of developments that could ultimately destroy us. The affects of religion on our ability to reason right from wrong provides clues into our lack of ability to create a just society. Entering a court of justice with an interest to seek justice mimics entering a church seeking spiritual help. Whenever these institutions, church and state, give clear evidence of negative human traits, the individual succumbs to interactions of despair. Fallacies of the human kind mimic altercations of the devil, for a lack of a better word, the devil signifies a human presence depicting characteristics of a brain designed to affect the best possible punishment to those that seek a peaceful coexistence. This attitude satisfies human greed, egoism and the impulse to destroy.

Given my professional maritime career, I am a worldly individual. I chose a lifestyle of a deep sea sailor early in my life. Albeit, I did not spend all of my time sailing onboard a ship, rather applying my professional maritime knowledge within various nations of similar and dissimilar lifestyles to Canadian society. Certainly, a second to none education into the confines of human behaviour. Thus, understanding English-speaking Canada relative to my professional background with an understanding that Canada is a relatively new nation, made-up of escapees of old Europe, I am involved in extreme entertainment to unwanted scholastic endeavours.  Will my experiences depicted within this page, help anyone? Perhaps it will help, but the nagging fact that humans are set to carry on the demands of their genetic code; the human animal is doomed to constant failure, worse, an escalating failure. Therefore, addressing the said Judiciary Bastards with a purpose to correct a wrong within the Canadian Jurisprudence is an exercise in futility, given that the human animal is genetically flawed.  

Obviously, I am not using the term judiciary bastards to describe a failure of the courts to address the above-mentioned question involving a "parliamentary democracy and a constitutional monarchy"  numerous other arguments brought before the courts were dismissed by simply ignoring it and dismissing the case where pages and pages of evidence was purposely ignored. At the head of these judiciary bastards stands the puppet-on-a-string Justice Romilly of the Supreme Court of British Columbia that ignored an application for directions to dismiss a forthcoming application not before him. When the manipulator of the string, Chief Justice Bauman of the Supreme Court of British Columbia, stresses a judge's independence in Canada, I ask how did Justice Romilly know the content of my forthcoming applications? Simply because bastards of the same gild, play together. Better said, who amongst my group of participants was supplying information to the courts? Certainly, a mannerism that I anticipated and surely played out as predicted. And, least should it be forgotten that Canadian judges and justices are politically appointed lawyers serving the needs of the clandestine few at the political level that manipulate Canadian society for the betterment of themselves. No doubt I can name a few suspects.

Anyone reading this page involving the totality of my web pages, must decipher the Modus Operandi (MO) applied to various schemes of robbing taxpayers of their money. When these schemes involve Canadian Government officials and the spoiled rotten senior Canadian civil servants, the courts enter the stage with force to quash the intruder. Certainly the later applies to me.

Bringing fraud into a state of national crisis, and relevant to my involvement at prosecuting criminal activity involving Federal Government money, the article by Karen Mazurkewich of the Financial Post, published on November 25, 2009 at 9:43 AM ET, describes Canada, “the fourth most fraudulent nation in the world”. Statistically speaking, the number indicates that Canadians begin practicing fraud at the kindergarten level. Joking aside, it is cause for alarm and when my court experiences are played out, evidence shows that ignoring criminal evidence to protect individuals associated with Federal Government Ministries the courts are involved in a conspiracy. Failing conspiracy, brings forth obstruction of justice. One way or the other, politically appointed lawyers, so called judges and justices of our Canadian courts, play a part at protecting the criminal element. Rather than state that I suspect such, I will let court room generated evidence speak for itself. In the least, obstruction of justice is apparent.

I spent more than forty years enrolled in various aspects of the Canadian and International marine industry, my knowledge of various cultures, throughout the world, is extensive with an ability for comparative analysis. Yet it is not the ability to compare cultures that will facilitate an understanding of judiciary in decay centered within a particular culture. Such understanding must originate from experience; the accumulation of knowledge and skill that results from direct participation in events or activities. Bringing forth Canadian Jurisprudence, specifically to mannerisms of the judiciary, it stands to reason that any analytical process involving the judiciary must originate from experiencing a Canadian court in action.

All knowledge and values shared within a society's cultural evolve from historical events leading to what they practice today. Therefore, any judiciary, exercising authority over a particular culture reflects its history. Below, for review, is a copy of my letter addressed to Her Majesty, Queen Elizabeth II, Queen of Canada. The letter is specific, to include names of Judges, Justices, Crowns and police.

Anyone entering the realm of the Canadian court system must prepare for long periods of reading, writing and learning from experience. An ability to think while engaged on heated argument stands at the top of valued assets followed by determination to learn from mistakes while ignoring constant insults from the bench, the crown and the never ending parade of lawyers that thrive by seeing a self-representing litigant fail. Reading comprehension coupled with an ability to writing in clear and descriptive form completes the list of the main assets.

To the novice, the conglomerate of experienced court participants; judges, crowns, registry officials, lawyers and numerous other court participants inevitably produce a strong  intimidating force that must be overcome. With persistence and gained experience, eventually the intimidating force manifests itself to be made up of mainly low class individuals following a pecking order of a corrupt nature. Unfortunately, the end result manifests to be a club for lawyers where others are only allowed when profit is assured, with little care for the purpose of the court, relevance to society and the pursuit of law and order.

The Federal Court File, T-1003-10, displays Canadian justice at the height of corruption where a lawsuit is entertained to intimidate and prevent an individual from proceeding with criminal prosecution before the criminal courts of a Canadian Province with inherited criminal jurisdiction. Moreover, the cause of action was nothing less, than a collateral attempt by the Campbell River Harbour Authority, the Board of Directors of the Campbell River Harbour Authority and the CRHA staff to undermine my capacity to continue prosecution outlined in Form 2 – Information, of Case file 37556. An abuse of Canada’s judicial process fully supported by the Federal Court of Canada and the Criminal Courts for the Province of British Columbia. Click below to review the court files.

Digital copy of Form 2 Court Files 37737 and 37556

To further accentuate the need to reverse the trend involving today's court system and narrowing it down to the Province of British Columbia where my experiences took place, I wrote to the Premier and Justice Minister for the said Province. The letters are self- explanatory and available below for review by clicking on the image.

In conclusion, my witnessing and law practice before Canadian Courts began in the mid-seventies, when I interrupted my Maritime career to pursue academic studies and to pay for such, I was an official court interpreter for the Province of Ontario law courts. Officially, I interpreted and translated both languages; Portuguese and Spanish. My early participation before the courts of Ontario installed a sense of pride, where the judges, Justices, crowns, etc... portrayed fairness and dedication to the Rule of Law. Yes, the courts were not perfect, yet the overall aim was clearly to uphold the Rule of Law with no signs of judiciary corruption. Upon my return to the marine industry Canadian law prevailed second to none. Unfortunately, in later years, signs began to emerge from Canadian governance that the courts were highly manipulated by political powers, stressing the fact that Canadian judiciary are political appointees. For those that care to challenge this fact, need not go any further than the lack of investigations and prosecutions of  politicians caught with their hands in the cookie jar. And, the fact that no Canadian Judge or Justice was ever convicted or dismissed from the bench. Are members of the Canadian Judiciary perfect? Certainly not.

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© copyright 2016, Captain E. Gerardo da Costa Duarte, all rights reserved.