This is the 1th affidavit of Leanne Faye Mclvor in this case And made on September 29, 2015 Court File: 15826 Salmon Arm Court Registry In The Supreme Court of British Columbia
Leanne Faye Mclvor
Attorney General of British Columbia, Crown Counsel, Constable Cara Voltz, Minister of Justice of BC,
Rachel Lammers, Garrett Wynne, Law Society of British Columbia
l, Leanne Faye Mclvor _____, Salmon Arm, BC, V1E 0A3 plaintiff, SWEAR (or affirm) that:
I am seeking Case Planning Conference in the matter of the Notice of Civil Claim filed June 1, 2015. I, Leanne Faye Mclvor am self represented litigant.
I appeal to the Courts to have this matter settled. My family is in turmoil and dysfunction. My family file needs to be settled and justice needs to be leveled. If there is ever going to be any peace and resolution for myself, the defendants and my children,
Dismissing this requisition will only make the problem worse and the situation will never go away and nothing will ever get any better. I need the Courts to fix this… I am incapacitated as well as my children and am desperate for resolution. If the system only had done “the right thing” all the waste, damage and destruction would not have been.
To be “appropriate and just” the court must supply a meaningful response to the seriousness of this claim and “to uphold Charter values and to deter future breaches of negligence and charter
breach that is laid out in the Statement of Claim.
The counsel for the defendants will apply for dismissal (because that is what they do) and lam respectfully pleading that the notice ofclaim is heard and to strike down any attempts at
dismissal which is just another way to avoid justice. That to not use the tactic of threatening
court costs which takes away any semblance of justice, fairness and charter rights.
It is becoming increasing apparent to most respected legal scholars throughout Canada that the family courts are out of control. This is the chance for the Courts to take back the time honoured tradition that the courts were designed for the people — one safe place and for the respected institution of justice. Take back your control over the court rooms. Lawyers running amok creating havoc and damage so they can make more money.
Chief Justice Thomas Cromwell publically stated, “Estranged spouses and their children are seriously damaged by the adversarial system and that judges, lawyers and law schools must embrace a culture of mediation and settlement”. Chief Justice Warren Winkler made the following comments about the justice system in Canada, The family court system, still desperately needs a complete overhaul”, “We just have to make some hard decisions and get on with it. No more studies, no more reviews, no more think tanks.
We’re at the state now when we just need to do the law reform”. “in addition to the court system becoming less bureaucratic, the culture of civil litigation needs to change“. “We‘ve got a motion culture here in the civil justice system, (lawyers filing) motion after motion…it’s all lawyers fighting with lawyers. We don’t need that. lt’s being overdone, it’s expensive and it “hurts families”. “The judiciary also needs to be reminded that they are public servants and the courts are for the people, not the lawyers or the system”. “It’s our duty, our obligation to serve the public…it‘s the first thing we forget I think. So we have to keep reminding ourselves”. There is no other case that requires this consideration more than this case. All these lawyers and organizations against one stay at home mom. it proves unto itself how unfair the justice system is….me against the system; how unbalanced. This is about innocent people and families against family law corruption.
Joseph Neuberger during his 20 years as a criminal defence lawyer has defended more than 400 cases involving charges arising from domestic relationships. Many, he says relate to separation and bitter family court battles. “Overall the past 20 years i have seen a disturbing trend and a prevalence of these types of offences using the criminal process as a quick means to obtain exclusive advantage in family law courts”. in family litigation, a criminal charge is like a red flag even when the case is still before the court.
Additionally, the introduction of a criminal charge can throw a huge wrench into any friendly resolution of the matter and it has destroyed any semblance of family I may have had.
The spouse and lawyer makingthe‘a’llegation and going to the police gains an “edge in the “case”. Being involved in a marital dispute, the damage is immediate once a criminal charge is levied.
All the stakeholders in the justice system…need to use their discretion and the integrity of the justice system must be ‘upheld to stop this abuse. if this claim is to be dismissed then it is perpetuating abuse of the system – turning a blind eye or sweeping it under the rug; except, this is real lives and the interests of children. The impact on children who are already dealing with the pain of divorce and separation are now faced with a loving and involved parent suddenly a criminal, jailed and prosecuted without the help of a lawyer. My children have seen the Ministry become involved and taken from me. The damage to my youngest son is not measurable it is so extreme, ‘ifyou “dismiss this case then you have signed the death sentence of my family and our turmoil will be the courts responsibility.
The defendants owe a duty to the court, to me and to the public interest — demonstrated by the “oath taken at admission to the Bar— to serve others and devote their intellect and efforts to the public good. To the public good — if this oath was enforced like I am asking of you today there would be no claim of negligence and without proper restitution and punishment it will never be upheld. The Law Society of BC is no more than the “fox guarding the chicken coop”.
The defendants may not be able to act in a way that serves the best interests of themselves, if doing so would put the administration of justice and the community’s con?dence in the profession at risk.
The defendant’s duty to the Court takes priority over the self-interests, finances and the interests of the client. Without the Courts upholding this oath and duty turns the professional risks of an unethical race to the bottom. Incivility needs at all costs be curbed in the whole litigation process.
The defendants in question have breached a duty to the Court-there is a duty to use tactics that are legal, honest and respectful and do not apply strategies that will mislead the court as blatantly as this case — using unethical tactical strategies that are likely to affect a case and damage a family by purposely and maliciously withholding evidence.
l will prove that a lawyer knowingly offered and relied on false evidence or misstated evidence. Misleading the court includes actions such as misrepresenting the facts and maintaining a false pretence. Blatantly offering false evidence, withholding evidence and knowingly maintaining false pretences—where counsel knows the court is operating under a mistaken assumption and actively maintains the false pretence, the lawyer is guilty of misleading the court and is in breach of duty of candour which includes blatantly lying to the courts.
The defendants listed in this claim have actively and mislead the court. l would be sure that the court and the government would like to get to the bottom of these facts. lf the Courts don’t then what does that say?
If this application is dismissed then l will presume that the court is not interested in justice and I will have to continue to take “justice into my own hands” and ensure that this will not happen again to another family.
The justice system is under a positive duty to make full disclosure ofall the binding authorities relevant to a case. This means that all such authorities on point must be brought before the court, whether they support or undermine the position being argued by that party, even if opposing counsel or self-litigants has not cited such authority. This element of the duty includes drawing a judge’s attention to any legal errors which have been made so that they can be corrected.
The defendants are officers of the court and as such, must act with integrity and professionalism while maintaining their overarching responsibility to ensure civil conduct in the justice system. If a dismissal is obtained than this would contribute to abuse of the court process —the justice system is the mechanism that upholds the rule of law. Our courts are to be a safe honest place for the people that provide a forum to resolve disputes and to test and enforce laws in a fair and rational manner. The courts are an impartial forum, and judges are free to apply the law without regard to the government’s wishes or the weight of public opinion. Court decisions are based on what the law says and what the evidence proves; there is no place in the courts for suspicion, bias or favouritism. This is why justice is often symbolized as a blindfolded figure balancing a set of scales, oblivious to anything that could detract from the pursuit of an outcome that is just and fair.
By the courts honouring this notice of claim for a case planning conference and to move to trial proves that justice is not just for the people that can afford to pay for it — people can get as much justice as they can afford; most people cannot afford any justice at all —this is why lam self-litigated as the end is not near— I can afford to appeal and to advocate. l will get justice with or without the courts help and if the court does not help me then it proves that “the only thing necessary for evil to triumph is for good men to do nothing” Edmund Burke.
Justice is supposed to be blind —Judges are not supposed to be when it comes to justice and this notice of claim will open eyes to the abuse that has been handed down to the courts (the wool pulled over justice’s eyes) and to my family. My Charter of Rights is to have my day in court. I
will work my lifetime to bring awareness and justice reform to family courts, if this case is not settled in the court system. I could never stand by and watch this happen to other families of divorce; being tortured by family court. I will forever warn them — this will only bring more
contention as I have already been threatened with defamation — which has to prove that I am lying and saying things that are a lie — which in this case there is not one lie except for the defendants. The only way that I will be stopped is if I sign a settlement order that states that I cannot talk about the case and the details of settlement or the jury finds me successful.
Otherwise, it is my right to warn the people my freedom of speech so I would believe it would be in the best interests of all parties involved to have this matter settled once and for all and in a timely fashion according to a fair and timely trial and justice procedure.
Acknowledging, the notice of claim and moving it forward will prove that the courts are not inequitable and that decent people are not being harmed by it.
Death is easier than a divorce. 50% of all marriages end in divorce. Divorce is a 50 billion dollar a year industry. Divorce is a tinder box and the system throws gasoline on the fire. The system is designed to create conflict. Family court results in more violence than any other area of law.
Families are destroyed, and children are forever damaged. Society has a lot of damage to repair unnecessarily. Psychologists,counsellors, drug abuse, alcoholism this is a drain on our government resources when it could of went somewhere else that is not preventable. The court system has the power to “do the right thing” and to stop the unnecessary damage. These are all the considerations to be made moving this notice of claim into a case planning conference.
What happened to me was legal racketeering and l respectfully ask for the god given right to prove it.
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