When Kopyto shows up at his Law Society (LSUC) hearing in the Museum Room at Osgoode Hall at 9:30 a.m. on September 28, 2010, he will be facing a three-person Panel. This Panel has, by its abuse of fair and consistent process disqualified itself from dealing with the motion that he has brought in his “good character” hearing to be allowed to work as a paralegal. What have they done?
- The Panel Chair Carl Fleck telephoned the LSUC prosecutors behind Kopyto’s back. Judges are not supposed to speak with parties that appear before them out of court. What kind of judge contacts one side secretly during a hearing before him?
- The Panel ordered Kopyto by e-mail to file a massive amount of documents on all his constitutional challenges and motions on only six days notice and without an opportunity for Kopyto to ask for a longer time period. There is only one word for such conduct: abuse.
- The Panel ordered Kopyto to pay costs for daring to challenge the participation of Paul Dray on the Panel. It breached fundamental principles of natural justice by not even allowing him to make submissions on the costs issue. Has the Panel never heard of fairness and due process?
- Kopyto is seeking the correspondence of one of the Panel members Paul Dray with the Competition Bureau. He believes that this correspondence is relevant to his constitutional challenge to the Law Society’s taking over paralegals, thereby eliminating competition. Kopyto’s challenge to Dray’s remaining on the Panel because of his conflict of interest was denied. In doing so, the Panel Chair Carl Fleck made a statement on behalf of all three Panel members when the rules require Paul Dray to give his own reasons in a separate decision for refusing to resign. The optics would not have looked good so Carl Fleck ignored the rules. Is there no shame?
- Kopyto’s defence is based on a challenge to the Law Society takeover of paralegals in breach of the Competition Act and against the public interest which should provide for choice and competitive pricing of legal services. Paul Dray was the paralegal face for the Law Society promoting the takeover and providing for its implementation. How could he possibly be unbiased?
When the hearing reconvenes on Tuesday September 28th, Kopyto will be asking the Panel to disqualify itself from the proceedings. He has strong legal grounds for taking this position. But the Panel is on a mission and, so far, rules of fairness and neutrality have not played a role in their deliberations. This is why it is more important now then ever before for all persons supporting Harry to rally behind him at his appearance in the Museum Room, Osgoode Hall at 9:30 a.m sharp on Tuesday September 28th (next week). The gloves are off.