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internet freedom and access to justice

It should not actually be difficult to contact CIRA. That is, the Canadian Internet Registration Authority, which governs the .ca domain on the internet. They do a pretty good job compared to some other domains around.

You can actually get through to them with a problem. They will actually try to deal with issues like people trying to steal other people's domains. Unlike some domains that are basically businesses with a license to print money, .ca is like a well run non profit with a mandate.

My service provider and domain registrar, Mark from EasyDNS, thought after the minor calamity last June, that I should contact CIRA. The way the domain biz works is that the registration authority contracts "registrars" to actually register people's domains, and handle things like moving the DNS headings around so the rest of the net knows what server your web site and e-mail is on.

Hence the title 'easyDNS'. Mark is usually pretty easy going. Like most registrars, he is also a service provider. He provides the space on the machinery for people's web sites to sit. He has been my .ca registrar for a very long time, although now I am having to move part of my web project to the Swiss domain, .ch.

To really understand all this you might want to read some of my earlier bloggings on the topic. Find them here and here. But where I am heading with this piece is to the idea behind a new web site I will be putting up soon. It will be registered in Switzerland as well because I can pretty much guarantee that many people will not like it. These people will be a lot smarter and a lot more powerful than my old nemesis, Handy Andy Lehrer.

regrets

But back to CIRA. I was probably not in the greatest mood the first time I tried contacting CIRA. I recall getting a kind of dopey individual on the line who did not seem to want to understand what I was talking about. A lot of people blindly assume that courts are superhuman institutions, beyond questioning.

I had occasion to try it again just lately and I got through to someone at CIRA who understands much better. He might even carry out what I am asking him and CIRA to do. Also, I have informed Mark that I have finally contacted CIRA.

As I said, Mark runs a very good company. It has been hurt by this matter, having to pay a lot in legal fees just to get removed from Lehrer's legal case. I do wish I had moved the site in dispute outside Canada a lot sooner, instead of getting easy DNS into the line of fire. Sorry, sorry.

by right of self

I might have told him to fire his lawyer and speak for himself, but he might not have thought I had credibility in giving that advice, considering the experiences I have been having with the courts. I have been subject to a lot of abuse from judges and court staff because I do not accept having to spend thousands of dollars on a lawyer just to access an essential public service paid for out of the public wealth.

I am turning into an advocate for "in propria persona" or "by right of self" litigation in the courts, especially in the lower courts. It is starting to become a big issue in society. I started out in this when I was subject to a lot of harassment from people who see me as a threat to their funding. This was before I even started setting up web sites about political issues.

I live on a disability pension. This is an advantage and a disadvantage. I have no possibility of being able to obtain the services of lawyers, not that I would trust them anyway. There is no way anyone can get anything from me by suing. But the courts really do not like people who speak for themselves in court, even though this should not be a problem, in small claims court especially.

my trouble in court

The corrupt way small claims is operated is unbelievable and so I have been taking a slow strategy to breaking these bastards. They have me marked out as a trouble maker. This has given this clown Andy Lehrer a way to get at me and get the information I have on him removed from the web.

He could not get at me in superior court because the clerks would not accept his garbage. But he discovered he could get at me in small claims court because I am being 'black flagged' there. In fact I am refusing to set foot in the place until I have guarantees of being treated with proper respect and being physically safe there.

I have kept getting the same judges over and over despite my demand for a judge who does not have a conflict in my case. I am getting abuse from these judges and some of the clerks and if I stand up to it I immediately have the court security sicced on me.

getting justice

I have been strenuously complaining about this and I finally seem to be getting through to the Toronto police and maybe to the opposition Attorney General's critics. It is really hard to find people of character who understand how to act against injustice and are in a position to do so. A pervasive 'garrison state' or 'family compact' mentality still exists in Ontario Governance.

Once I am secure to speak for myself without bullying and threats in that court, there will be a hearing about what Lehrer is alleging. The judge will also hear what I have to say and show about Lehrer. I know damn well that any competent judge would award me a big chunk of Lehrer's hide.

But Handy Andy was able to arrange to get his day in court without having an actual trial. He got a judge who seems to turn up constantly against me despite there being forty other judges working in that court. And, who I have repeatedly made complaints about. So he got an 'endorsement' or order from said judge.

Easy DNS, usually pretty 'clueful' about legal matters, to use their own term, was not so clued in on this occasion. There was no court order to take the web site down because a small claims court cannot make such an order. Only superior court can. Small claims deals only with money.

So that is how the ground lies. I have now fulfilled my obligation of insuring that CIRA knows what is going on. CIRA does not have to do anything in relation to this matter. But what I would like CIRA to do is become an intervenor in this case.

tearing the net

Getting an actual judgment in favor of Lehrer, which could happen given how fucked up small claims is, or even this appearance of a judgement, is not something good for net freedom in this country. An ISP can be intimidated into removing a site just by the threat of having to spend money on lawyers. Most small ISPs and registrars to not have deep pockets.

I do hope EasyDNS can and will seek their costs from Lehrer when this matter finally concludes in my favor. This 'pay to play' aspect is yet another thing I really do not get about legal processes. But CIRA should be there to speak up about it.

But more importantly, CIRA should be there making clear to the courts that it expects to see judgements that reflect an optimal standard of internet freedom. Libel law and internet libel law especially is something the legal system is fairly wonky on. It is very hard to predict how a judgement will go because judges do not agree about standards.

Especially, people should not be allowed to get judgements that harm freedom of speech and net freedom just because the target of a vindictive suit cannot get access to justice.

issues

It would be nice if I had more allies in this fight. The sociopaths do know how to keep troublemakers like me isolated. But I am getting some help. I keep working to get more people interested in my cause. I like root causes, ones that get to the root cause, other sense of the term, of many other problems.

I have a web site up about the need for Basic Income, voting reform which I am upgrading to democracy reform, and of course my old website about poverty pimps, which gets me in the most trouble. All of these causes are starting to be championed and progress is being made on them. I like to think I helped with this in my own small way.

But I am now interested in the need for serious legal reform. It is also just starting to become a hot issue, with people talking about "access to justice". But as usual, people do not really understand it yet. People are still talking about funding more legal aid, or about court appointed 'poor' lawyers.

the false dichotomy

The real problem is like this; there are two basic theories about conducting trials. They are most commonly called the adversarial and the inquisitorial; the judge sitting back and listening to lawyers argue their own ideas of what a case is about, and the judge questioning and deciding for himself what the case is about.

Of course, lawyers love the former and despise the latter, demonizing it in every possible way. An inquisitorial method is generally cheaper for the state and for the litigants. It is fairer to the poor but a big piss off to those with money. In most English speaking countries we are said to use the adversarial system and in most other countries, they are said to have a "civil law" or inquisitorial" system.

It is like these are two absolutes. But it is a false dichotomy. Every country really uses a hybrid of adversary and inquisitorial methods in its legal system. Whether to use one technique more than the other in adjudicating a case depends on the type of case. With the type of cases mostly seen in small claims court, a mainly inquisitorial method, a 'Judge Judy' technique, makes more sense.

the problem

The reason there is so much trouble with the court system right now is that judges are not being allowed to use their own judgement. Under pressure from lawyers, and only to drag out cases and make more business for them, judges are compelled to use a strictly adversarial method of dealing with cases. That means it is just about impossible for a self represented litigant to win against a lawyer, or someone without deep pockets to win over someone who can drag out proceedings.

That is something which cannot be tolerated if the state is remotely serious about guaranteeing access to justice. But who is going to stand up for all the poor dumb suckers who have to use the court system?

I have another problem too, that I am being 'black flagged' by the secret networks, I think mostly Masons, who run the courts. And who also, of course, have to be broken up if we are going to have a functioning legal system. I am somebody who has sued the police and the jails, and even gotten some money out of them. That is unacceptable, so I have to be stopped.

do your jobs, idiots

The key to me defending against Lehrer and other assholes is in forcing the courts and the cops to do their jobs right. After several months of giving me runarounds, the police suddenly seem interested in looking into this. Not just to do some disciplinary action against this one court security type, but an investigation into what is going on there.

Now I seem to have somebody at the NDP Attorney General's critic's office interested in my situation. They are especially puzzled as to why the Ombudsman's office says it cannot investigate the attorney general department. Especially, why they become so aggressive when I demanded that they justify why they can't.

The new Ombudsman, Dube, will take office on April first. He is said to be very interested in access to justice, and if so should be interested in looking into operations of courts with regard to self represented litigants. My perspectives on the problems with the courts, especially the small claims courts, should be useful to him.

objectives

My aim is to revoke the bully license from the pukes now running small claims court in Toronto. Then, get back to the business of documenting every step of the progress of this case to show how corrupt the court is. More importantly, what a waste of public money it is, and what a source of social decay.

Lehrer has turned out to be my hammer to use on this system. I did not go after him, he went after me. Yet the 'secret handshake' types of fools in the court system are still hexing me.

Lehrer himself is only a detail right now. He cannot even get Google to do a de-index of my page on him. It is now in the top ten again. It seems his inability to shut down my web site is removing the aura of fear from him. I hear that people in the 'left' milieu are starting to ridicule him and to stand up to him.

So there is what I had to tell CIRA. And, what I have to tell my blog readers for now. I will have a lot more to say when I get my latest shit disturbing web page going.

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