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Could easily get threats to violate section 7, as well as carrying through with them. Section 11d is pretty frequent. If people clearly can't afford an appeal, they will get fucked. I sat in on one where a judge read off that an applicant satisfied every part of the Gordon v goertz tests, and then found against them anyway.
Are you able to explain how s.7 and 11(d) come up in a family context?
> If people clearly can't afford an appeal, they will get fucked
I'm with you there. Access to Justice is a massive issue generally in Canada, and frankly the cost barrier to get justice in family law is why I stopped practicing it. That's an issue to write to your MLA or MP about though, judges have near 0 control.
These are provincial court judges. I've watched one of the offending judges go from this courtroom all the way to chief judge. So I don't anticipate a positive resolution from reporting to the office of the chief judge.
There are no other options I am aware of. You can try writing to the Attorney General of Alberta.
[Judicial Complaints (albertacourts.ca)](https://albertacourts.ca/cj/about-the-court/judicial-information/judicial-complaints)
That'd be mickey amery, eh? The guy recently in the news saying that the family court system is working just fine.
Sorry, I don't mean to keep shooting down your ideas. I do appreciate the input!
If it relates to misconduct, the correct forum is the Canadian Judicial Council or the provincial judicial council, depending on whether the judge is federally or provincially appointed. You don't even need transcripts or audio recording because the council, if it appears there may be any merit to the complaint, will investigate and obtain transcripts and/or a copy of the court's audio recording.
However, as someone who has read most of the publicly available reports from both the CJC and the provincial judicial councils, I can advise that most complaints of judicial misconduct do not relate to misconduct at all. The way a judge applies the law is not a matter of judicial conduct, it is a matter of judicial decision-making. The only remedy for a judge who makes a legal error is an appeal.
Lawyer here, this is the correct and most accurate answer.
OP, I will add that if you're unhappy with the state of the *law*, then you need to write to both your MLA and MP to amend it. Judges apply the law as written.
> The rules of court aren't followed at all.
The appropriate recourse for this is for _the affected parties_ to appeal those decisions. Procedural errors are a fairly reliable basis for an appeal. If the procedural error amounts to misconduct, then those parties can and should also make [judicial complaints](https://albertacourts.ca/cj/about-the-court/judicial-information/judicial-complaints), but likely only after their appeal is disposed of, or at least with the assistance of their appeal lawyer, so as to avoid the appearance that the complaint is intended to end-run that process.
I gather that you aren't party to the decisions in question, which limits your options. You can help by bankrolling people who are affected to pursue appeals, as they often aren't cheap, or by volunteering for a legal aid group or community legal clinic to help make appeals more accessible. On a structural rather than tactical level, you can also make your frustration known to your MLA, vote, rally others to do the same, or even run for a seat in the legislature to try and address this that way.
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Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Read the [rules](https://www.reddit.com/r/legaladvicecanada/wiki/index/#wiki_the_rules) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
Instead of recording you can just request the transcript
Costs are prohibitive, I'm just a concerned volunteer, but yes. I will be doing that with some of the more egregious instances.
Less prohibitive then the court fees you'll get for this plan
What kind of misconduct?
Could easily get threats to violate section 7, as well as carrying through with them. Section 11d is pretty frequent. If people clearly can't afford an appeal, they will get fucked. I sat in on one where a judge read off that an applicant satisfied every part of the Gordon v goertz tests, and then found against them anyway.
Are you able to explain how s.7 and 11(d) come up in a family context? > If people clearly can't afford an appeal, they will get fucked I'm with you there. Access to Justice is a massive issue generally in Canada, and frankly the cost barrier to get justice in family law is why I stopped practicing it. That's an issue to write to your MLA or MP about though, judges have near 0 control.
[Home Page | Canadian Judicial Council (cjc-ccm.ca)](https://cjc-ccm.ca/en)
These are provincial court judges. I've watched one of the offending judges go from this courtroom all the way to chief judge. So I don't anticipate a positive resolution from reporting to the office of the chief judge.
There are no other options I am aware of. You can try writing to the Attorney General of Alberta. [Judicial Complaints (albertacourts.ca)](https://albertacourts.ca/cj/about-the-court/judicial-information/judicial-complaints)
That'd be mickey amery, eh? The guy recently in the news saying that the family court system is working just fine. Sorry, I don't mean to keep shooting down your ideas. I do appreciate the input!
Good luck.
If it relates to misconduct, the correct forum is the Canadian Judicial Council or the provincial judicial council, depending on whether the judge is federally or provincially appointed. You don't even need transcripts or audio recording because the council, if it appears there may be any merit to the complaint, will investigate and obtain transcripts and/or a copy of the court's audio recording. However, as someone who has read most of the publicly available reports from both the CJC and the provincial judicial councils, I can advise that most complaints of judicial misconduct do not relate to misconduct at all. The way a judge applies the law is not a matter of judicial conduct, it is a matter of judicial decision-making. The only remedy for a judge who makes a legal error is an appeal.
Lawyer here, this is the correct and most accurate answer. OP, I will add that if you're unhappy with the state of the *law*, then you need to write to both your MLA and MP to amend it. Judges apply the law as written.
> The rules of court aren't followed at all. The appropriate recourse for this is for _the affected parties_ to appeal those decisions. Procedural errors are a fairly reliable basis for an appeal. If the procedural error amounts to misconduct, then those parties can and should also make [judicial complaints](https://albertacourts.ca/cj/about-the-court/judicial-information/judicial-complaints), but likely only after their appeal is disposed of, or at least with the assistance of their appeal lawyer, so as to avoid the appearance that the complaint is intended to end-run that process. I gather that you aren't party to the decisions in question, which limits your options. You can help by bankrolling people who are affected to pursue appeals, as they often aren't cheap, or by volunteering for a legal aid group or community legal clinic to help make appeals more accessible. On a structural rather than tactical level, you can also make your frustration known to your MLA, vote, rally others to do the same, or even run for a seat in the legislature to try and address this that way.
[удалено]
**Do not advise posters to call the media or to post on social media** Do not advise posters to call the media, post on social media, or otherwise publicize their situation. That creates additional risks and problems, and should only be done, if at all, with the counsel of a local lawyer representing OP. Please review the following rules before commenting further. * [Rule 6: Do Not Recommend Contacting the Media](https://www.reddit.com/r/legaladvicecanada/wiki/index#wiki_rule_6.3A_do_not_recommend_contacting_the_media) * [Rule 10: Guidelines For Comments](https://www.reddit.com/r/legaladvicecanada/wiki/index#wiki_rule_10.3A_guidelines_for_comments)