SUPREME COURT: RULE 18A

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MORE ON DUGALD CHRISTIE's LEGAL OPINION REGARDING RULE 18A:

Rule18A allows for the parties in a proceeding to deal with one or all of the issues in an action without undergoing all the procedures and complexities involved in a conventional trial, thereby justice cannot be properly administered, as sworn affidavits are not ever challenged.

It is a British Columbia procedural short-cut that does not exist anywhere else in the Commonwealth or the United States.

In B.C. a party to a civil law suit can on two weeks' notice require the other side to write down all its relevant evidence and submit to a "Summary Trial". Essentially, the procedure turns the trial into chambers application. The judge can render judgment without hearing the evidence!

The judge has the discretion to order a proper trial, but that is only on rare occasions.

"Summary Trial" has been expanded to assualts, motor vehicule mishaps and many other kind of claims. The procedure can be used even if there is conflict in evidence.

The most extraordinary thing about the B.C. "Summary Trial" is that although it is a radical departure from the traditions of the common law in effect everwhere else in the world there has been no debate on it in either the press or Parliament. Most ordinary people are alarmed and horrified to discover the law has been so profoundly changed. They are not aware that here they can be deprived of the right to give evidence in person at trial before a judge.

Free speech in British Columbia and Canada has been struck down in the forum that is most critical to the individual, the civil trial!. Few are aware of this fact, until they go to court.

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RIGHT TO TRIAL BY JURY STEMS FROM THE MAGNA CARTA

Whereas the MAGNA CARTA is recognized as a cornerstone of our democracy, the Court hardly ever relies on it to make their final decisions, thus making the “Great Charter” appear to be a Myth. The fact is however, the MAGNA CARTA meant freedom from the King's tyranny in 1215 A.D. and it means freedom from tyranny today and it still the law of this country.

Further Fact: It is important to be aware that a Jury of citizens who work in the places of our nation, v. a Judge sitting on the bench and deciding the faith of the party based on what it is considered law at the time and moment, is a denial of the litigant's right to a fair a just hearing.

The twin rights to trial and to a jury are two pillars of our democratic heritage. With respect to the right to a jury trial, the notice that the B.C. Supreme Court requires be sent out to every civil law juror puts it this way:

"The right to a trial by jury of one's peers is a cornerstone of our democratic society and is one of its oldest institutions. It exists to protect individual rights and to involve the community in the administration of justice."

According to the Summary Trial rule the right to a jury trial no longer exists!

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Summary Trial