95% Chance of Being BAD Law is Good Enough for Dept. of Justice

edmund-burke-statesman-bad-laws-are-the-worst-sort-ofLawyering has a certain stigma. Usually such disdain is not unfair, it is usually well earned often enough to become a generalization.

The law, and the institutions of law, are either used to safeguard and guide or are used to abuse and control, it seems. There are many people in various positions in the system of law that are committed to either one, or the other.

But when the policy from the TOP it seems to be a clear message that the law “is what we say it is regardless if it is legal”….well, one could not be faulted for assuming that leaves a lot of room for corruption and manipulation by the type of lawyers committed to abuse and control.

Welcome to Canada. Say what?

That’s right. For some time now, the Department of Justice has held the position that if any new law could possibly have a just a 5% chance of being constitutional, it was good law. WOW.

So, that means many laws exist right now that have up to a 95% chance of being bad law, but that is OK?

Think about that.

The basic idea is, if the DoJ can twist, turn, improvise, duck and weave just a 5% chance of success proving that a law they may not infringe on your rights, then it doesn’t as far as they are concerned and so they recommend it as good law.

An up to 95% chance of being wrong, bad law, is good enough for Canadians, says DoJ and DoJ Fired Their Own Lawyer Who Challenged That Position

You have better odds in a casino of winning than of having your rights protected and not infringed upon by many Canadian laws, all with the stamp of approval of the DoJ and Minister of Justice.

Any reasonable man can see problems with this position and one of those men was a DoJ lawyer, Edgar Schmidt, who when he pointed this out and tried to address it internally he had to resort to a lawsuit to challenge the internal DoJ policy. He was fired and the suit is before the courts now.

“There is a valuable role for the state but I think citizens need to be vigilant and be aware that the institutions that they create, particularly the state institutions that they create, sometimes abuse the powers that are entrusted to them.”  EDGAR SCHMIDT, VAL-DES-MONTS, QUÉBEC

Check out his story and follow the case here:  http://charterdefence.ca/

National Magazinehttp://www.nationalmagazine.ca/Articles/November/The-whistleblower.aspx

Globe and Mail – Online Article

“This case really shows the lack of support for government lawyers who are faced with very serious ethical problems.” ADAM DODEK University of Ottawa

“The case also raises some fascinating questions about the nature and extent of solicitor-client privilege when a lawyer in the Department of Justice asserts that his Minister of Justice is not complying with the law.” JOSEPH ARVAY Arvay Finlay, Vancouver


Trust in the legal system begins with being able to trust that laws will not infringe on rights EVER. No wonder an up to a 95% chance of infringing on your rights deserves a thorough look. Remember the DoJ is fighting for the principle that this standard is just fine.

Just because a corrupted legal process makes a law legal does not ever make it lawful, right or equitable. Constant vigilance is required to prevent certain people from making the unlawful appear legal.

Kinda makes you wonder, do you really trust the Department Of Justice to respect your rights?


NOTE: Thank goodness for all those lawyers and legal system people who are honest, ethical and want what is right. Now, I urge you each to speak up and report everything you know to be wrong/illegal/unethical about the system you are part of, this is the path to fixing it. It is your right, duty, ethical mandate to speak out against unlawful actions. Legal corruption will wither in the light of exposure, the more light shining, the faster it will fade away.

BC Civil Liberties – Motion to Intervene PDF