Council for the Status of Men Canada
Member and Public Notice.
October 28th, 2005
Lawsuit against corrupt legalist of Quebec up date.
As you know a motion of wrongful damages has finally been filed with the Superior Court of Quebec file number 500-17-027874-059 and is to be presented before the court on December 12, 2005 at 9:00am in Palais de Justice de 1 rue Notre Dame est, Montreal, Quebec in room 2.16.
The lawsuit seeks redress for collusion between the Government of Quebec feminist wing, Revenue Quebec and the failure of the Barreau du Quebec of its mission thus a breach in public protection.
We have received word from the lawyer that will be representing the Fonds d’assurance responsabilite professionnelle du Barreau du Quebec. Funny how protective the legalist are of the insurance fund and the fact that lawyers in Quebec only pay one dollar for liability coverage, which is because lawyers are protected rather than the public being protected.
We can only wonder who will be the legal representatives of the other defendants to our little party to expose the legalist collusions and corruption in the administration of justice in Quebec.
We hope our lawsuit will be the outline for a class action for everyone that has been deprived of fundamental justice in the fact that the Barreau du Quebec is for the public’s protection, not open to collusion from legalists and government manipulation.
Here is a net copy of our motion if you want to read and we do hope it gives you ideas and insight into the scope of legalist corruption in Canada.
C A N A D A S U P E R I O R C O U R T
PROVINCE OF QUEBEC (CIVIL DIVISION)
DISTRICT OF MONTREAL
NO.: 500-17-027874-059
HARRY BRAUNSCHWEILER
And
WILLIAM LEVY
Defendants/Respondents
THE MINISTER OF JUSTICE AND
ATTORNEY GENERAL OF QUEBEC
And
REVENUE QUEBEC
And
BARREAU DU QUEBEC
And
FONDS D’ASSURANCE RESPONSABILITE
PROFESSIONELLE DU BARREAU DU QUEBEC
Defendants/Respondents
L’OFFICE DES
PROFESSIONS
MIS EN CAUSC
DECLARATION
SECTION 67, 68 and 862 OF THE C.c.p.
(UNDER SECTION 1, 3, 4, 9.1 10, 10.1, 12, 21, 24, 39, 47, 49, 50, 53, 54,
55, 56.1 and 56.3, OF THE QUEBEC CHARTER OF HUMAN RIGHTS AND FREEDOMS,
SECTION 83, 599, 1457, 1458, 1463, 1474, 1478, 1480 and 1481 OF THE C.C.Q,
SECTION 1, 7, 12, 14, 15.1, 24.1, and 26 OF THE CANADIAN CHARTER OF RIGHT
AND FREEDOMS ACT OF 1982 and SECTION 23 OF THE PROFESSIONAL CODE
R.S.Q.,C.C-6.)
TO ONE OF THE HONOURABLE JUDGES OF THE SUPERIOR COURT, CIVIL DIVISION,
SITTING IN MATTERS OF PRACTICE IN AND FOR THE JUDICIAL DISTRICT OF MONTREAL,
PLAINTIFFS/Petitioners RESPECTFULLY SUBMITS:
1. That I am Harry W. Braunschweiler living at 760 Ch. Courchevel in St
Adolphe d’ Howard, Quebec J0T 2B0 and a divorced father;
2. That I am William Levy living at 344 Lagace in Dorval, Quebec,
H9S-2M3, and a divorced father;
3. The Plaintiffs/Petitioners do hereby declare that each has had
dealings before the administration of justice for family matters and each
has suffer damages because of negligent unprofessional misconduct infringing
on contractual liberty of divorce and resulted in deprivation of fundamental
principals of justice and damages to psychological integrity of the
Plaintiffs;
4. That the Plaintiffs/Petitioners have suffered from the same
infraction and violations to our fundamental rights by the
Defendants/Respondents as inscribed by law and required to be protected
under the Quebec Charter of Human Rights and Freedoms section 1 and 9.1 as
follows:
Quebec Charter
1. Every human being has a right to life, and to personal security,
inviolability and freedom.
He also possesses juridical personality.
9.1 In exercising his fundamental freedoms and rights, a person shall
maintain a proper regard for democratic values, public order and the general
well-being of the citizens of Québec.
In this respect, the scope of the freedoms and rights, and limits to their
exercise, may be fixed by law.
5. The administrators of justice have deprived the
Plaintiffs/Petitioners of the fundamental principals of justice in the
inherent rights of independent and competent legal representation governed
by the prime mission of public protection section 23 of the R.S.Q.,C.C-6;
6. That because of negligent misconduct by members of the
administration of justice at the Barreau Du Quebec and collusion with
government agencies and organizations namely the following with exhibits of
evidence we respectfully submitting:
I. The
Barreau du Quebec inclusive of all committees both for the Rights of the
Family and subcommittees for law 60 assessment that fails to protect the
public Barreau du Quebec Annual Report committee for the rights of the
family report May 2002 to be presented at trial;
II. The
unlawful gender supportive functions of the Barreau du Quebec administration
and unlawful influence generating gender discrimination attitude from
government bodies that is in bad faith not respectful of public protection
Exhibit P-1 April 7th 1995 Letter from Batonniere Claudette Picard to Madame
Jeanne L. Blackburn Minister de la Security du revenue et responsible de la
condition Feminine government du Quebec with this motion;
III. The
Committee for the Rights of the Family’s Barreau du Quebec for a failure in
fulfilling the administration duties of proper assessment for the protection
of the public as will shown at trial from Transcripts from Joint
Parliamentary committee hearings representation by the Barreau du Quebec
Committee for the Rights of the Family;
IV. Revenue
Quebec’s unlawful use and/or influence of Barreau du Quebec of improper
collusion between Revenue Quebec and the Batonniere du Barreau du Quebec
that is a violation of legal independence that is protection of the public
Exhibit P-2 Letter dated the first December 1997 from Batonniere Serge
Francoeur to Madame Rita Dionne Marsolais Minister delegate of Revenue and
Exhibit P-3 letter dated 18th November 1997 with this motion;
V. And the
Fonds d’assurance responsabilite professionnelle du Barreau Du Quebec, the
liability and insurance fund, its protection habits of said fund and the
manipulative tools used so as to diminish responsibility thus escape payouts
of funds for liability of negligent behaviour that is indicated in document
submitted by the Committee for the rights of the family Barreau du Quebec to
Mrs. Virginia McRae Exhibit P-4 11th of July 2001 letter submitted with this
motion and report to be presented at trial;
7. The administrators of the Barreau du Quebec have purposely ventured
outside it’s mission by engineering a false evolution process through
committees that dangerously and negligently damaged both the
Plaintiffs/Petitioners fundamental rights and subverts justice completely
due to a symbiotic relationship between each of Defendants/Respondents as
mentioned in paragraph 6 of this motion and evidence clearly indicates;
8. Plaintiffs/Petitioners contend that we have been deprived of our
fundamental principals of justice as parents in the same manner from the
same administrative misconduct and negligent-full misconduct that had a very
detrimental effect and damaged both Plaintiffs and our right to life,
liberty and security of the person and our rights of inviolability, equality
of the law during divorce;
9. In effect the Plaintiffs contend the administrators of justice and
government officials mentioned in paragraph 6 have failed to maintain and
preserve the minimal services and obligations of public protection and
refuses to conduct themselves in a manner to which the public is entitled
for our protection and provide equal services of an independent and
competent legal protection;
10. Organisational dysfunction and discriminatory practices by members of
both the Barreau du Quebec and Quebec Government officials have damaged both
Plaintiff’s rights to fundamental justice and are a fault of negligent
unethical conduct for generating improper public and legalist opinions to
the benefit of the organizations listed in paragraph 6 of this motion and
are to blame and responsible for discriminatory practices of legislation as
reports indicate and Published article in the Canadian Journal of Law and
Society called What Were They Thinking Volume 17 no: 1 2002 and more that
will be proven at trial by testimony and other evidence from both the
Plaintiff’s divorce and family court files;
11. The organizations listed in paragraph 6 appear from the evidence to be
in a state of years of collusion by instituting years of denial of gender
discrimination generated by legalists to mask the dysfunction of the
legalist community;
12. Solid evidence now indicates the dysfunction is in fact a conspiracy
orchestrated between members of the Government of Quebec and Barreau du
Quebec that appear to not have function in good faith for the protection of
the public and/or appears motivated for reasons other than the equal
protection of the public thus not respectful of the principles of
fundamental justice and prime mission of the Barreau du Quebec for both
divorced Plaintiffs;
13. Furthermore the Barreau du Quebec Committees contributed a falsehood by
way of signaler discriminatory revelations and faulty insight from legalist
opinions through reports of acceptance of government opinions and political
perceptions before parliamentary committees placing into question if all the
public is in fact being properly represented and/or is independence
maintained and respected in this type of symbiotic relationship as argument
to be presented at trial;
14. In fact the Plaintiffs contend the evidence shows and prove a
conspiracy by a very sophisticated group of legalist members of the Barreau
du Quebec functioned specifically to conceal and control the true problems
or level of misconduct and negligent behaviour of legalists to project an
inaccurate truth of conceal needed legislation the correction of the
disciplinary process and the inspection feed-back process;
15. An analysis of the legislative and regulatory context of the Barreau in
regards to obligations to protect the public the Plaintiffs submit that
organizations mentioned in paragraph 6 creates a distinction on a prohibited
and/or analogous grounds which in turn withholds an advantage and/or benefit
from the public thus the Plaintiffs right of fundamental principals of
justice are deprived and infringed upon;
16. In fact our contention that the disciplinary process at the Barreau du
Quebec has so evolved in bad faith over time to the point that it is now
is completely favorable to corrupt members of the legalist profession thus
falls short of providing an impartial and independent disciplinary process
free of discrimination thus so deprivation of public protection and a
contradiction to Quebec Charter of Human Rights and Freedoms section 1 and
section 15.1 of the Canadian Charter of Rights and Freedoms as unreasonably
improper regards for democratic values, public order and the general
well-being of the citizens of Québec.;
17. The Barreau du Quebec disciplinary process for advocates whose
incompetence is alleged falls to the Committee on Discipline under the
Professional Code, the act respecting the Barreau du Quebec or its
regulations (section 116 P.C.) but in fact practices denial of legalist
misconduct and manipulates disciplinary process to protect unethical
lawyers;
18. Professional inspection and discipline committees are the two main
tools of the Barreau du Quebec but in fact from the documentation to be
presented and evidence at trail the tools appear dysfunctional because the
process is bias in favour of the legalist professionals by way of abnormal
unprofessional discrimination in the judgement and inspection process,
discipline committees and others of the Barreau du Quebec to be proven and
shown at trial through evidence and testimony;
19. Thus the absence of fundamental justice is very evident within legalist
and government community and/or promotes unprofessional bias attitude that
deprives the public and the Plaintiffs of proper representation and a full
equal protection thus a disadvantage protected by law;
20. The Plaintiffs submit documents with this motion and/or other proofs to
be heard and present to the court at trial that confirms our claims in this
motion and support our contention of a dysfunctional complaints and
disciplinary process that in fact constitutes a process of cruel and unusual
treatment and/or a form of discrimination and punishment of the public by
way of deception and omission of an unreasonable nature that forms a
unfavourable burden and discrimination toward the public and males in
particular:
21. Thus after considerations of the evidence and the testimony of the
Plaintiffs and witnesses for the Plaintiffs we are very confident a court
inspection of the conduct of organizations mentioned in paragraph 6, along
with analysis of the relationship between the same and review of the
Plaintiff’s cases will appear clear to the court that the dysfunction is of
a manner to protect the incompetent and unethical advocate association
failure to protect the public by being in collusion with the government
agents thus in fact is really mechanism of protection of the liability fund
of the Fonds d’assurance responsabilite professionnelle du Barreau du
Quebec;
22. The Plaintiffs are very confidant that once the court reviews the
evidence and hears the proofs of the different cases a clear pattern will
immerge of a severely negligent professional service that is obsessed with
blaming the public and parents rather than disciplining its own corrupt
members that commit monstrous unethical and unlawful acts, that damage the
public of the Divorced Family Unit by subjecting non legalist public to
cruel and unusual treatment that is in fact is a type of punishment thus a
violation of the law that is charter protected;
23. The Plaintiffs are very confident the evidence proves the consistent
common denominator in each of the Plaintiffs cases is a dysfunctional
process that has the effect of depriving the component of obtaining
competent and ethical legal representation, thus fundamental principals of
justice because the disciplinary services is known to the Quebec advocates
as not being properly administered as judged by the Supreme Court of Canada;
24. That in fact the misconduct by Respondents mentioned in paragraph 6 of
this motion has place the public at a disadvantage thus a deterrent to the
public and an advantage for corrupt lawyers that do not behave ethically
thus an unreasonable public disadvantage and a burden to the public and the
Plaintiffs that can not be justified in a free and democratic society;
25. In fact the Plaintiffs contend the fundamental principals of justice
and/or our right to equal and competent representation is a basic
fundamental principal of our justice system, required in divorce and child
custody proceedings and entrenched in the foundation of our justice system
protected by both Quebec and Canadian Charter of Rights and Freedom thus is
justified in a free and democratic society, therefore is enhanced and
protected by both Charters:
26. Furthermore the Plaintiffs contend that the very nature of the court
area is a completely alien environment to the normal public with a specific
legalist language that the public has difficulties understanding and/or
digesting and is the specific public disadvantage that organisations in
paragraph 6 have take unfair advantage of and for reasons to control the
administration of justice in breach of both Quebec and the Canadian Charter
of Rights and Freedoms;
27. The Quebec Court of Appeals judged the Barreau du Quebec negligent in
protecting the public Cristina McCullock Finney Vs Barreau Du Quebec but in
fact this judgement has not been enough to change the bad faith conduct and
intentions that infect the Barreau du Quebec and its members;
28. The Plaintiffs have no other recourse but to submit this motion to seek
compliance with the law, compensation for real and personal damages and/or
punitive and exemplary damages to detour this type of unlawful misconduct of
organisations inscribed in paragraph 6 because of a refusal to accept the
Quebec Court of Appeal and the Supreme Court of Canada’s opinion by
correcting the abnormalities that breach fundamental justice pointed out in
the judgement of Cristina McCullock Finney Vs Barreau Du Quebec;
29. The Plaintiffs ask the court to intervene as inscribed in both Quebec
and Canadian Charters of right and freedoms and protected through the Civil
Code of Quebec sections 1457, 1458, 1463, 1474, 1478, 1480 and 1481 and as
prescribed in the Enforcement of Guaranteed of charter rights and freedoms;
30. Therefore for the reasons inscribed in this motion in paragraphs above
and others that will be presented at trial the Plaintiffs respectfully
request the court’s intervention in this situation of corruption; seeks this
honourable court’s opinion if a breach of fundamental principals of justice
has occurred;
31. The present is well-founded in fact and in law therefore the Plaintiffs
pray that by judgement the court intervene herein and grant the present;
FOR THIS REASON MAY IT PLEASE THIS HONOURABLE COURT TO:
GRANT this present motion declaration;
FIND the Barreau du Quebec, the L’ Office Des Professions and the Fonds
d’assurance responsabilite professionnelle du Barreau Du Quebec and the
Government of Quebec departments of Revenue Quebec and Minister de la
Security du revenue et responsible de la condition Feminine government du
Quebec guilty thus in breach of the law; in breach of gender equality and
parental rights under fundamental principal of justice;
ORDER that the Barreau du Quebec, Minister Revenue of Quebec, Minister de la
Security du revenue et responsible de la condition Feminine government du
Quebec, the Fonds d’assurance responsabilite professionnelle du Barreau Du
Quebec and the Minister of Justice and Attorney general of Quebec make
restitution for negligent behaviour responsible years of damages both real
and/or parental and/or psychological injuries in addition to morel and
punitive damages in the amount of nine hundred and ninety nine thousand nine
hundred and ninety nine dollars and ninety cents ($999,999.90) for the
Plaintiffs;
ORDER that the Barreau du Quebec through Fonds d’assurance responsabilite
professionnelle du Barreau Du Quebec, Minister of Justice and Attorney
General of Quebec for collusion between the Minister of Revenue Quebec,
Minister de la Security du revenue et responsible de la condition Feminine
government du Quebec the L’ Office Des Professions, and the Barreau Du
Quebec pay exemplary damages in the amount the court considers appropriate
under the circumstances to detour future misconduct that is void of
protection of the public;
ORDER that the Government of Quebec institute gender equality corrective
measures by having a Minister responsible for the condition of Masculine
Government du Quebec
See you at the party to end legalist corruption.
Harry W. Braunschweiler
Vice President Council for Status of Men
Justice Critic and Service Worker Coordinator.
760 Ch. Courchevel
St Adolphe d= Howard
Quebec, Canada
J0T 2B0
Phone (450) 226-8140 Fax (450) 226-2554
In Quebec 1 (877) 408-7245 Canada (413) 405-7245
Email harrybran@hotmail.com
Or Contact William Levy at 514 999-0001
|
