Hon. Mr. Justice Michael Block breaks the law.
If the Judge feels that recording is illegal, then he should
have me charged under the relevant sections.
Why is he refusing to hear my case.?
First, he broke the law by ordering me not to record when I had the
right to record. Then he refused to hear my case? Why is he not in jail?
Hon. Mr. Justice Michael Block was not new to me. In another parking infringement case, he had
again broken the law by telling me that he will not hear my case if I recorded
and then wrongly convicted me in a by law which had already been repealed many
months prior to the day the ticket had been issued to me. I had complained to the Ontario Judicial council
against him in that matter and while the complaint was pending against him, he
had decided to be my trial judge in this car accident case.
On the 20th of December, 2019 I went to the Court in
old City Hall room no 112 at 10.40 am for my car accident which took place on
the 19th of July, 2018 almost seventeen months ago. I had missed the court date on the 17th
of December, 2019 as I was under medical treatment. I produced the letter from the Hospital and
the crown attorney in the office of the crown, accepted it for rescinding of
the bench warrant. After completing all
formalities, I again went to court room no 112 at around 11.35 pm, where my
case is usually heard. At 12.19 pm I was
told that my case was being transferred to courtroom no 117 to be heard by Hon.
Mr. Justice Michael Block. I immediately
rushed there and Hon. Mr. Justice Block told me that the case will be heard
only at 2 pm. (I misheard it as 2.30.pm.)
I was back in court at 2.20pm. When I found the Crown Ms. Melissa Atkin
walking out of the courtroom no. 117. I
explained to her that I had misheard the time as 2.30 pm as I usually have
court hearings at 2.30 pm. I went into
the courtroom and explained to the Honorable Judge. He asked me whether I was recording. I explained to him yes as under section
136(2)b of the courts of Justice act, I had the right to record. The Judge told me that he is ordering me to
stop the recording. I explained to him
that he has to also function within the four walls of the constitution and the
laws. The law gave me the right to
record and he did not have the power to forbid me from recording.
The Crown Attorney Ms. Melissa Atkin intervened and told the
Judge that, this has been an issue with other Judges as well and in her
opinion, it was up to the Court to decide whether to permit me to record or
not.
The Judge told me that he had already dismissed my
application for rescinding the bench warrant and will only reopen the issue, if
I stopped recording. I have been to
court several times over the last three years, even if someone does not
turn-up, the Judges give them some time before they dismiss the
application. What was is haste in
dismissing it? He, further explained to
me that he wanted an accurate recording of the court’s hearings and did not
want me to tamper with my recording at a later stage. I explained to him that my recording was only
for the purpose of supplementing my notes and there was no question of
producing my recording at a later stage as evidence or sharing it with anyone
else.
The Honorable Judge Mr. Michael Block told me that he will
have me removed from the court room if I did not stop recording. I told him that if he calls the security and
chases me out, I would have to leave.
The Judge told me, that was what he was going to do. The security was called. The security told me to leave and I left.
Bench Hunting:
What surprised me was, even before I had informed the Judge
that I was recording or going to record, how did the Judge know that I record
my hearings for the purpose of supplementing my notes? Secondly, my cases are always heard in 112
why was it shifted to 117. Is it because
the Crown Ms. Melissa Atkin felt that the Judge in 112 may not give an order
favorable to her? Cases should be
randomly allotted by computer. If in a
Courthouse, for example, if, ten Judges have specialized in criminal law, ten
in family law, ten in litigation, who among this ten will hear my case should
be randomly allotted by computer. Crown
cannot select the docket; Judges cannot select the docket, that would be
biased.
When the Charter guarantees fair trial, how is the Crown, Ms.
Melissa Atkin allowed to indulge in “Bench Hunting”? Which law
permits the crown to select a Judge of her choice so that she can be
vindictive? During lunch break, I saw
Ms. Melissa Atkin in the corridor, she told me that she was going to oppose my
application for rescinding the warrant.
Did she fear that the Judge in room 112 may not oblige her? Why was my case moved from 112 to 117? When the hospital has given the medical
certificate, what is there for Ms. Melissa Atkin to contest? Is she a layperson going to challenge the
integrity of a Doctor?
It was later that I came to know that Hon. Mr. Justice
Michael Block had been the trial Judge for my case for the 17th of
December, 2019 and that was the reason Ms. Melissa Atkin had decided to go to
him. Moreover, there were several
members of the public as well as lawyers in court room 112 whom Ms. Melissa
Atkin did not want to know how she was harassing and bullying me.