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法官上庭为什么要穿法袍？
"The robe is considered a reminder of the law and a symbol of neutrality." (https://arstechnica.com/civis/viewtopic.php?f=23&t=145211) 法袍是法律警醒，公正无私的象征。
然而，Court of Quebec魁省法庭竟然出现了法官不穿法袍出庭的异象。接下来异象更是接踵而来： 法官询问当事人需要多长时间陈述案情，当事人回答后他说：好，会排在稍后，因为用时比较长。然而，当庭讯正式开始时，这位不着法袍的法官儿戏般地说：“我看过你的动议了，我要否决你的动议，我给你解释”，没有给当事人任何陈述的时间，直接口授裁决......
这样看来，他不穿法袍就意味深长了......
“If he were a Muslim, things would have been different” -Appeal in Public for the Systematically Bullying and Lying Legal System in Quebec
1. For any Rent Fixation case, the Régie du logement (Rental board) of Quebec systematically allows landlords to produce evidences during and only during the hearing and then withdraw them immediately after the hearing, deprived in fact tenants of their fundamental rights of contesting and defending;
2. For any Rent Fixation case, the commissioner(judge)s of the Régie du logement care only if landlords provide “good-looking” evidences and they will merely do a calculation without questioning if the evidences are genuine, refuse to give a chance to the tenants to prove bad faith of the landlords, including repeatedly lying under oath**;
3. Although Art. 89 of the Act respecting the Régie du logement says “Where a decision has been rendered against a party who was prevented from producing or supplying evidence by surprise, by fraud or by any other reason considered sufficient, that party may apply for the revocation of the decision”, the Revocation Commissioner said “it was not about revocation, what you asked is an appeal and you can appeal”;
4. The Revocation Commissioner refused the revocation request and the tenants found that what the Commissioner promised was against Art. 91 of the Act that denies the possibility of appeal in such case;
5. In light of the criteria for appealing a decision of the Régie :” a serious, new, controversial or general interest issue; the contested decision presents an apparent weakness, a manifest or gross error in the assessment of the facts; a material error in the administration of the evidence; denial of justice for non-observance of the rules of natural justice.” - Birkhof c. Tandel, 2010 QCCQ 596, the Tenant filed an application for leave to appeal in Court of Quebec;
6. During the Court Presentation, the judge (not in judge’s robe) asked the tenants how long they need to present their case and the tenants said an hour because it might be the last and only chance for them to be heard. The judge said ok and asked them to wait. When the hearing began, without letting the tenants say anything, the judge said your application is being rejected and I will tell you why. He said the commissioner (judge) of first instance made a mistake but he refused to grant an appeal for it. Anything else he said has nothing new to the tenants. The judge then dictated his pre-rendered decision and asked the tenants to leave;
7. The tenants did whatever Robert Chu* did: wrote letters to the Prime Minister, the Justice of Quebec, politicians who acted without any credit, promised to reply and no reply, promised to do things and then silenced;
8. The important thing is that the tenants are Chinese in Quebec, Canada. Many Chinese people liked the most hot comment given to Robert Chu’s death: “if he were a Muslim, things would have been different.”
* : https://www.thestar.com/news/can ... l-school-grads.html
** Keywords : Grégor Des Rosiers, a commissioner in the Régie du logement, Sarah Bissonnette, a lawyer in Droit Locatif et Immobilier, Gestion Immobilière Inc.
*** : http://bbs.51.ca/thread-838976-1-1.html |
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发表于 2017-4-7 15:05:52
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