I hear so many people complaining Judges not respecting your rights, any rights that apply, A judge has to respect. Without getting into it individually, I would like to review the steps that actually binds a judge to his duties.
1. 136 2b of the Ontario Court of Justice act says you can bring your recorder in for note taking purpose, but can be used as evidence as well.
2. Have friends and family in court for support and instruct them to take notes on any major arguments
3. When a Judge is refusing your rights, you have 2 sources of evidence already to report to the OCJ's Judicial review board but that won't help you unless you speak and stop the judge from actually dissrespecting your rights.
4. What do you say? Your honnor, I would like my following statement put on record. Sir, you have just told me that this specific right does not apply in Family court. The fact is, all canadian laws apply in family court as long as it applies to the subject matter at hand. Tell him that this will be reported to the Judicial review board as per the OCJ act with the help of my familly who are here today for support. One idea would be to ask the Judge in the form of a question. Your honnor, isn't picking and choosing which canadian laws apply in your court a breach in the code of conduct as per stated in the OCJ?
5. If the Judge isn't changing his mind, you have the right to ask him to recuse himself. Of course he can refuse to recuse himself however if you report to the Judicial reaview board with the recording and your family as witnesses that he refused to recuse himself for a right that YOU have. I think that woul be pretty bad news for this judge. I just want to mentally prepare myself to fight to keep my rights when in court.
What not to do.
1. Never ask permission to apply a right or stay silent when your rights are being violated. If you ask permission the judge has a right to say no and that will be the end of it, in the law asking permission is tantamount to waiving your rights and I think judges know that very well. If you stay silent, not many judges will defend your rights.
2. Never be alone in court, you need your support system/witnesses. Otherwise, your rights might be flately refused. Don't look to your lawyer to uphold your rights, there are a few good ones that will but for the most part you must know them and apply them yourself.
Annyhoo, that's all I can think of for now. Any other bright idea's on how to conserve your rights?