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Charter - Evidence (3). McQueen v. Douglas
In McQueen v. Douglas (Ont Div Ct, 2026) the Ontario Divisional Court dismissed a JR application, here brought against decisions of an appointed Superior Court judge that dismissed complaints [under CJA 33.1 'Complaints'] of improprieties against a referee and two deputy-judges.
Here the court found the application, insofar as it pleaded Charter grounds - and which made only "bare or bald statements" - was insufficient:[23] The applicant has asked for "[a] declaration that the Respondents' conduct infringed the Applicant's rights under sections 7, 15, and 24(1) of the Canadian Charter of Rights and Freedoms." The only ground for this claim, is a repeat of the relief requested: “The cumulative failures have deprived the Applicant of her rights to procedural fairness and equality under sections 7, 15, and 24(1) of the Charter”, and “[t]he Applicant intends to raise constitutional questions regarding violations of sections 7, 15, and 24(1) of the Canadian Charter of Rights and Freedoms. Notice will be served upon the Attorney General of Ontario and the Attorney General of Canada pursuant to section 109 of the Courts of Justice Act”.
[24] The allegations with respect to the Charter infringement are bare or bald statements unsupported by any facts necessary to sustain them. The only reference to a Charter right was a claim that Justice Douglas “perpetuated discrimination against the Applicant as a Métis woman”. It is impossible to know from the application what actions, if any, infringed the Applicant’s rights. Therefore, on their face, I find they are frivolous and should be dismissed.
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