By now, I think most people know that our entire legal challenge was dismissed in Superior Court. We have 11 expert reports, none of which were challenged by the government. We have 9 questions of constitutional law, only 2 of which were countered by the government. Yet, not a single thing was heard today. No jurisdiction, said the judge.
This begs the question: if a Superior Court justice doesn’t have the jurisdiction to hear a constitutional challenge… who does??
What experts? What evidence? What Charter? They don’t exist, according to this judge.
What happened was a complete joke. If the government found a defect in our challenge, they could have brought a motion to strike, which would have been the correct action. Absent that, the judge could have adjourned the proceeding to allow us to do what the government and court wanted. But that would’ve been logical, reasonable, fair and just. Can’t have that.
The ONLY limitations to a Notice of Constitutional Question are 15 days of notice, in the proper form, with a sufficient evidentiary record. The Supreme Court has weighed in on this many, many times. I know all the cases off the top of my head. Dunedin in 2000, Doucet-Boudreau v. Nova Scotia in 2003, Vancouver v. Ward in 2010, Guindon v. Canada in 2015 and Ernst v. Alberta Energy Regulator in 2017.
The Superior Courts in this country have the broadest jurisdiction and maximum power and authority to hear every civil proceeding, especially constitutional proceedings. In a free and democratic society under British Common Law, one is subject to natural justice and fundamental justice. Simply put, one has the right to be heard. And that right was denied to Adam. Access to justice was denied.
This is the first time a Notice of Constitutional Question served and filed months in advance with a huge evidentiary record was refused to be heard in a Superior Court in Canadian history. The rule of law has been cancelled, once again.
If we had done this like the government and court wanted, then the injunction would have lapsed and another proceeding would have been brought… only for us to be told it’s res judicata (Latin for “already judged”) and we are trying to re-litigate the matter.
Damned if you do. Damned if you don’t.
We have a slam dunk, prima facie, open and shut case. The government hasn’t touched any of our evidence with a 40 foot pole and has minimally addressed a couple of our arguments, while ignoring the rest.
We will see this through to the Court of Appeal and are prepared to take this all the way to the Supreme Court. The evidence and the law are stacked in our favour. Please share our 11 expert reports worldwide and speak out.
We do not consent. We will not comply. We will not obey. WE WILL NEVER GIVE IN.
Advisor and coordinator of evidence for Adam Skelly and Adamson Barbecue