https://www.cbc.ca/news/canada/new-brunswick/vaughn-barnett-law-society-unlicenced-1.5442151
Fredericton man faces jail time for practising law without licence
Vaughn Barnett says court order prohibiting from practising is ambiguous
· CBC News· Posted: Jan 27, 2020 6:54 PM AT
Vaughn Barnett leaves the Fredericton courthouse Monday afternoon. The Fredericton man is facing jail time for allegedly violating a court order prohibiting from practising law without a licence. (CBC)
A Fredericton-area man is facing possible jail time as a result of his latest clash with the New Brunswick Law Society over what the society calls practising of law without a licence.
Vaughn Barnett represented himself in the day-long hearing Monday in which he argued that he hadn't meant to violate a 2000 court order.
The society asked Court of Queen's Bench Chief Justice Tracey DeWare to find Barnett in contempt of court for violating an injunction order by Justice Thomas Riordon in 2000. The society is asking for him to be sent to jail for 90 to 180 days.
Barnett has a law degree but is not a member of the law society and is not licensed to practice.
Lawyers licensed by the society are subject to a code of ethics and to disciplinary proceedings, and must carry liability insurance — requirements that protect the public, lawyer Tim Bell argued.
Bell said Barnett has appeared in court six times on the same issue and once spent 10 days in jail.
Tim Bell, the lawyer representing the New Brunswick Law Society, says Barnett has not let up practising without a licence since the court order issued in 2000. (CBC)
"Despite all of this Mr. Barnett will not let up," he said.
"He's been practising law, plain and simple … pushing the envelope, testing his luck, seeing how far he can go."
Bell quoted emails and letters Barnett wrote on behalf of one woman he was helping, Wendy Wetteland, asking about "the legal context,""the legal basis" and "the legal justification" of her suspension from her job.
"He doesn't say he's not a lawyer," Bell argued, "Instead he jumps right into legal arguments."
He also corresponded with police officials to ask for "the legal grounds" for Wetteland's potential arrest for questioning in the case and attempted to negotiate conditions for her co-operation, Bell said.
'Trying to walk a fine line'
Barnett acknowledged in court he was "trying to walk a fine line" by helping people in need without straying into a violation of the 2000 court order.
"I am advocating in the activist sense, not the legal advocate sense," he said.
He said if he "crossed the line" it was because of his "honest interpretation" of a court order he described as ambiguous.
"If that is what happened, I apologize," he said.
Vaughn Barnett argued the 2000 court order is ambiguous, saying he was acting under his 'honest interpretation' of the order. (CBC)
He described several possible definitions of "an administrative body," which the order prevents him from appearing before.
But DeWare was skeptical of Barnett's argument that there were many possible interpretations of the phrase.
"You are a very intelligent person," she told Barnett. "There's no doubt about that. … It seems incredible to me that you couldn't fully understand what that meant."
In its court filing, the society says "a strong, clear and unequivocal message needs to be sent" to Barnett.
Barnett says he is a community activist who helps low-income people by providing them with alternate dispute resolution services, but not legal advice.
"I do not charge for my help, advertise my work, nor actively solicit people to assist," he said in his court filing, adding he helps a small group of friends, members of their families, and "a few people who have somehow learned about me."
Order upheld by appeals court
Under the Law Society Act, the profession governs its own conduct, and no one can give legal advice or represent clients in a legal capacity without a licence.
In 2000 the society obtained an injunction ordering Barnett to stop. That was upheld by the New Brunswick Court of Appeal.
In 2007 a Court of Queen's Bench judge added to the initial order by requiring Barnett add to any written reference he made to his law degree the disclaimer "not licensed to practice law" in type twice as large.
No matter how much I scale back, I keep getting in trouble.
- Vaughn BarnettThe new application springs from two new examples of Barnett doing legal work, the society says.
In one case, he acted as what he called a "legal researcher and advocate" for Wetteland, who was suspended from her job as president and chief of the New Brunswick Aboriginal Peoples' Council.
In the second case, the society said, he tried to negotiate with the New Brunswick Labour and Employment Board on behalf of someone, and did not use the required "not licensed to practice law" disclaimer.
Barnett said the 2007 order requiring that phrase referred only to business cards or marketing material, and did not apply to his letters and emails.
Those letters and emails said explicitly he was working "in support of" the complainant, and not "representing" her.
"To me that's political activism," he said.
Barnett said after the 2000 and 2007 cases he stopped doing work that was clearly legal, and argued that since he hadn't been in trouble with the law society from 2007 to last year, "I must have been making some kind of effort to do things differently."
He added: "No matter how much I scale back, I keep getting in trouble."
Barnett is also arguing the society's new application violates his Charter rights to free expression and fundamental justice. But the society says those constitutional claims were rejected in the appeal of the 2000 case, and bringing them up again is repetitive and an abuse of process.
DeWare will rule in the case Feb. 27. She told Barnett she hasn't made up her mind but in case she rules for the law society, he should be ready to go to jail that day.
He responded that he'd been ready to go Monday.
https://forbesrothbasque.nb.ca/tim-bell/
Timothy R. Bell
Lawyer
Bilingual
814 Main Street
Suite 300
Moncton, NB Canada
(506) 857-4880Suite 300
Moncton, NB Canada
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Labour and Employment Law, Aboriginal Law, Administrative Law and General Litigation, Practices before administrative tribunals and all levels of Court in New Brunswick. Counsels members of a regulated profession providing representation throughout New Brunswick
Bar Admission
New Brunswick, 2014
Education
Université de Moncton – J.D., M.E.E., 2013
Queen’s University – B.Ed., 2004
https://nbmediacoop.org/2020/01/23/activist-facing-contempt-for-offering-assistance-to-low-income-people/
Activist facing contempt for offering assistance to low-income people
Fredericton anti-poverty activist Vaughn Barnett is being taken to the Court of Queen’s Bench in Fredericton on January 27 by the Law Society of New Brunswick for contempt. They are seeking 90–180 days of jail time.
The Law Society is saying that Barnett has been practicing law without a licence, which they say is a violation of the Law Society Act of New Brunswick. The Act prohibits unlicenced individuals or organizations from providing legal services, even if the assistance is free and for low-income people.
Barnett has provided free services to people who could not afford a lawyer, but denies any wrongdoing. He is not a lawyer, but received a law degree from the University of Western Ontario in 1994. Since the late 1990s, he has assisted low-income people facing legal challenges, aiming to fill in gaps not covered by lawyers.
Previous court orders, since 2000, have prevented Barnett from providing assistance, even beyond the restrictions of the Act. He is prohibited from preparing affidavits, letters or any document for any legal proceeding, including administrative tribunals, unless he receives prior written consent from a judge or the Chairperson of the tribunal. He is also not allowed to advertise that he does “legal research” or “advocacy” and cannot advertise that he has a law degree (LLB), except with a large disclaimer.
“I was doing fine because I was trying to respect the court order. And just recently a couple of situations came up where I felt that I could help some seriously mistreated women without breaching the orders,” he explained.
The two matters were between 2017 and 2019. One case was of an unpaid trainee at the Employment Standards Branch and Labour and Employment Board. He obtained prior written consent from the tribunal, permitting him to assist.
“Following those unsuccessful proceedings, I called on the provincial government to investigate the employer in question for its apparent practice of not paying its trainees,” explains Barnett, “and this activism, more political than legal, appears to have been the trigger for the contempt application.”
The other case was a matter in which, “there was a concern about the lawfulness of a threatened warrantless arrest, which I thought I should raise as a citizen concerned about another person’s civil liberties,” he explained.
There is a long history between the Law Society of New Brunswick and Barnett. On November 23, 2000, on application by the Law Society, Barnett was ordered not to provide his services by Justice Thomas Riordon of the NB Court of Queen’s Bench.
In response, Barnett restricted the assistance he provided, rather than stopping entirely.
“I saw this all as part of the ongoing dynamic of fighting for access to justice and civil liberties,” he said.
In 2007, he was again taken to court by the Law Society of New Brunswick. Justice Richard Bell ordered further restrictions on Barnett and also ordered a 10-day jail term. Barnett was taken away from the court in handcuffs and leg shackles.
According to Barnett, his case raises the issue of access to justice in New Brunswick. He says there should be, “more legal aid, pro bono regulation, and changes to allow more non-lawyer assistance.”
New Brunswick’s regulations are particularly restrictive in denying the assistance of non-lawyers. Ontario, British Columbia, Saskatchewan, Nova Scotia, Newfoundland and Prince Edward Island allow community organizations, family and friends to provide some legal services for poor people for free.
New Brunswick ranks at or near the bottom of the country for the availability of legal aid and access to justice among provinces.
Barnett’s personal struggle and the issues of access to justice he has raised were the background to the creation of the New Brunswick Access to Justice Coalition. The Coalition formed in 2011 under the leadership of Fredericton social justice advocates Gail Wylie and Norman Laverty. The Coalition is supported through the Access to Justice working group of the Maritime Conference of the United Church of Canada.
The Canadian Civil Liberties Association wrote to the Attorney General of New Brunswick and the Law Society in 2011 upon receiving letters from the Access to Justice Coalition about Barnett’s situation. They stated, “The ban on free legal services provided by community members or organizations effectively results in less help for those in need.”
No changes were made in response to the Canadian Civil Liberties Association letter.
Regarding Barnett’s present case and the poor funding of legal aid in New Brunswick, Wylie says, “In light of this inadequate funding, many types of legal matters are not covered by New Brunswick’s Legal Aid Commission. This leaves individuals who do not have the financial means to hire a lawyer, with two choices: drop the matter, i.e., do not access the justice system, or self-represent without knowledge or experience of the complexities of the justice system.”
According to Barnett, his case is “a question of whether my court orders should be interpreted so as to restrict my community activism when part of that activism involves raising legal issues.”
Asaf Rashid is a lawyer, long-time community organizer, and former board member of the NB Media Co-op.
https://www.cbc.ca/news/canada/new-brunswick/green-party-calls-for-royal-commission-on-pension-reforms-1.1307996
Green Party calls for royal commission on pension reforms
The Green Party is calling on the Alward government to establish a royal commission to study plans to switch to a shared-risk pension model for public service retirees.
"The province intends to violate its role as trustee by abandoning retroactively its commitments to pensioners in the public sector," said Norman Laverty, a former superintendent of pensions for the provincial government and the Green Party's advocate for economic and social development.
"It's unacceptable," he said.
Premier David Alward announced plans to overhaul the pension system last May, saying the current plan is not sustainable.
Among the proposed changes, guaranteed cost-of-living increases will be eliminated for pensioners and instead be dependent upon market performance.
In addition, the risk of any market downturns would be shared by both sides instead of being borne by the provincial government alone.
The Green Party wants a Royal Commission on Retirement Income to determine if there truly is a crisis in the funding of retirement income for New Brunswickers in the public and private sectors, and to propose long-term solutions.
"We need to ensure that people in the workforce today have adequate income when they retire," said Green Party Leader David Coon.
"We believe a royal commission of inquiry is the best way to bring clarity to the many complex issues surrounding the future of retirement income."
Last month, Finance Minister Blaine Higgs faced thousands of angry retirees during a series of information sessions held across the province about the proposed changes.
Many pensioners have argued it's unfair for them to lose benefits they've already paid for.
The proposed model also includes increased contribution levels and moving the age of retirement to 65 from 60 over a 40-year period.
The Public Service Superannuation Act (PSSA), which covers employees who work directly for government departments and NB Power, currently has a $1 billion shortfall.
It included 13,441 pensioners as of March 31, 2012. Their average annual pension was $20,603.
Access to Justice Working Committee of United Church Maritime Conference And Access to Justice Coalition of New Brunswick
Update March 2012 – January 2015-01-07
Co- Convenors : Norman Laverty nwlaverty@yahoo.ca
Gail Wylie wylie1@nb.sympatico.ca
___________________________________________________________________________________
Norman Laverty
848 Windsor St, Fredericton NB, E3B4G5
- (506) 455-3349
Asaf Rashid, Barrister & Solicitor
1235 Bay Street, Suite 700
Toronto, ON, M5R 3K4
T: 647-223-8651
E: asaf@arashidlaw.ca
F: 866-436-6586
Shane Martínez B.A., LL.B, L.E.C.
Barrister & Solicitor
Criminal Defence& Human Rights
Martínez Law
Call now for a free consultation: 647-717-8111
Serving the Greater Toronto Area
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Content copyright 2014. Martínez Law. All rights reserved. Content on website is not legal advice. Contacting the firm does not automatically establish a solicitor-client relationship.
Shane's passion for social justice and human rights originated from his time living in rural eastern Canada and witnessing first-hand how working class and poor people are disproportionately and systemically affected by the criminal law.
During a portion of his legal education Shane worked with one of Toronto's top criminal defence firms. There he assisted on cases that included charges of first degree murder, prohibited firearms, fraud, narcotics, theft, assault and prostitution. The experience solidified his commitment to provide fierce representation for all clients regardless of the allegations.
With the goal of providing his clients with the best defence possible, Shane founded Martínez Law. Today the firm offers its services across Toronto, Oshawa, North York, Scarborough and beyond. Through combining a social justice perspective with innovative legal analysis and tireless dedication, Martínez Law is able to guarantee its clients a loyal and aggressive criminal defence against the charges they are faced with. Shane has also acted as counsel in Coroner's inquests in relation to the deaths of people who have been killed by the police or who have died in jail.
From September 2013 to March 2014 Shane completed a period of academic leave to become qualified to practice law in the Commonwealth Caribbean. During that time he lived in Kingston, Jamaica, and assisted attorney-at-law Michael Lorne as part of the defence team for dancehall artist Shawn Storm, one of the co-accused in the Vybz Kartel murder trial.
Shane regularly writes and lectures about police brutality, racial profiling, the prison industrial complex and transnational labour. He is a member of the Law Society of Upper Canada, the Law Union of Ontario, Lawyers' Rights Watch Canada, and the Prison Lawyers Association. He also serves on the Board of Directors for the Prisoners' HIV/AIDS Support Action Network (PASAN). In addition to this, Shane works closely with Justice 4 Migrant Workers (J4MW) providing legal education and pro bono assistance for Caribbean and Mexican migrant farm workers in southern Ontario.
Law Office of Shane Martínez
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Toronto, ON, M5R 3K4
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http://charlesotherpersonalitie.blogspot.com/2017/03/fredericton-police-should-arrest.html
Wednesday, 22 March 2017
Fredericton Police should arrest Blogger during next few days! Someone in Justice wants to harm Blogger!!!!
3 comments :
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Anonymous22 March 2017 at 21:35Vaughn Barnett, I had a professional opinion given to me on this decision, and what Charles is completely unaware of is that an appeal is possible when there is an error in law that the lower court committed. It is the opinion of that professional that the appeal that Charles will do is dead on arrival. In which case, the road is over for you Charles, the SCOC won't hear your case either. YOU LOSE CHARLES!Reply![]()
Anonymous23 March 2017 at 20:25The only error of law is that Blogger Charles didn't present a case. If you're not going to cross examine defence witnesses you are dead in the water. The court indulged him as did the City - this has dragged on for years. When you file an action it's your responsibility to push and present your case. Charles makes not effort then blames the other party for not rolling over and admitting they were all wrong - that's not how the world works. Vaughan Barnett - you should know by now you cannot hypothesise from a short legal decision of a two day trial - which sounds like it was all about the defence presenting witnesses and evidence and the Plaintiff doing zip, except ask for adjournments and refuse to cross examine! What Twilight Zone world are you people living in???
http://oldmaison.blogspot.com/2007/01/vaughn-barnett-is-found-guilty-and.html
Thursday, January 18, 2007
1 comment:
- Charles you think it cost a lot on your Case ?you should of ben in Court and seen all the Booklet on Vaughn Case
http://oldmaison.blogspot.com/2007/01/verdict-should-come-down-today_18.html
Thursday, January 18, 2007
Verdict should come down today!
Charles,
Court goes back in session Thursday at 11 am. Vaughn is still in the middle of his argument.
Expect it all to be done tomorrow afternoon
Fred McKellman seemed to be getting away with some major attitude towards Vaughn (I'm not sure how much of that you heard). He was totally trying to make Vaughn out to be some sort of manipulative person with largely selfish motives
see you tomorrow
?????
Court goes back in session Thursday at 11 am. Vaughn is still in the middle of his argument.
Expect it all to be done tomorrow afternoon
Fred McKellman seemed to be getting away with some major attitude towards Vaughn (I'm not sure how much of that you heard). He was totally trying to make Vaughn out to be some sort of manipulative person with largely selfish motives
see you tomorrow
?????
http://oldmaison.blogspot.com/2007/01/new-brunswick-law-society-are-really.html
Wednesday, January 17, 2007
NEW BRUNSWICK LAW SOCIETY ARE REALLY GIVING VAUGHN BARNETT A DIFFICULT TIME!!!
I just came from the court room and the verdcit should come out today. Here's what happened so far? Click read more -
All are invited, and highly encouraged, to help our friend and dedicated social justice activist and non-lawyer advocate for the poor, Vaughn Barnett, as he prepares to enter precarious territory on this January 17th. On that date, Vaughn will be in court ( DAY 5) to defend himself against the Law Society of New Brunswick. They will be attempting to have him charged with contempt of court for allegedly providing services that only lawyers are allowed to, a charge which could land him in jail. One of the documents the Law Society provided Vaughn with for this case was a previous case where someone was put in jail for 8 MONTHS! for contempt of court. Vaughn highly doubts that 8 months is likely at all, but a several weeks would not be an unlikely expectation.
The decision is likely to come out tomorrow afternoon. So far, things are looking somewhat bleak.
Vaughn is asking for as much moral support as possible, so please make it if you can, especially in the afternoon, but the morning would be great too if that's the only time that's possible.
*****This is a call to all supporters to show the as massive solidarity as we can muster in defense of a deeply dedicated, local social justice activist; all we need to do is attend his trial to show moral support and present to the judge and prosecuting lawyer(s) that Vaughn is not fighting his struggle alone, and will not be pushed around in silence. Anyone is allowed to attend the trial and be part of the audience; no special permission required. In Halifax recently, Halifax Coalition Against Poverty activist Cole Webber had 25 people come to support him in court for his political trial. Montreal activist Jaggi Singh recently had around 80 people show to support him in a case where he was facing charges for his participation in refugee solidarity activism*****
If Vaughn loses, he can end up in jail, or with fines or some other financial punishment for doing nothing more than trying to help poor people defend themselves. It should be noted that Vaughn lives on social assistance, so he can ill afford fines, thus would likely be forced to go to jail if fines are overly burdensome. Additionally, a loss for Vaughn would set a dangerous precedent that could make it very difficult for grassroots groups in Fredericton, and possibly throughout the province, to provide any sort of legalistic services in the future without challenges.
If you can make it, please arrive at the courthouse in downtown Fredericton (“Justice” building on the corner of Queen and Carlton ) at:
***9:00AM ON THURSDAY, JANUARY 11TH***
A group will be waiting at the entrance to the courthouse, and we shall go in together to show a collective solidarity with Vaughn. WE NEED AS LARGE AN ATTENDANCE AS POSSIBLE. Even attending for 30 minutes - 1 hour helps. Courtroom solidarity is effective if enough people show up to demonstrate a collective strength that will continue to show resilience. A large support group can send a strong message to the judge and prosecutor. Through such solidarity, an unavoidable impression is created that pushing around the one person on trial reequires trying to push around all the supporters as well
THE BACKGROUND:
The Law Society of NB, which grants status to all practicing lawyers in New Brunswick, has hounded Vaughn for several years, continually arriving in court to intercept him every time he has tried to assist someone by using his knowledge of the law. The interference has included attempting to have everything Vaughn submits before the court on someone else’s account thrown out. Most of the time, these cold acts of interference—leaving poor people defenseless—have been effective for the
Law Society. And all this takes place in the province with probably the worst availabilty of Legal Aid services compared with any other in the country, anccording to Vaughn.
Vaughn has made it clear that a strong motivation for the Law Society's continual interference with his work has been animosity towards his direct challenge of the legal profession in NB for their gross lack of services available to poor people and their excessively high legel fees. Another factor mobilizing their interference has been a strong bias against both Vaughn's socialist views and his support and use of various forms of civil disobediance.
Vaughn's work in Fredericton is valuable. Many poor people, over the years, have approached him (and his free services) in order to pursue their respective legal/political cases. He does not announce himself as a lawyer, but someone with legal training. He holds an LL.B. (law degree) from the University of Western Ontario (1994), which, along with his own personalized research over the years, provides him with knowledge that the average person does not have, such as how to write up any relevant legal documents and how to do effective legal research.
After receiving his law degree, he had the intention of pursuing a career as a lawyer; however, when he returned home to Fredericton , he could not find a lawyer to article (apprentice) with—a necessary step in becoming a lawyer. Vaughn's career was temporarily halted, but rather than waiting for an “ordinary” opportunity, he decided to fill in the gaping hole that he still occupies today: arming poor people with tools they do not possess, so they can better defend themselves, find out what other legal options are available or even help determine when is the time for engaging in protest actions (which he joins them in). On occasion, Vaughn has also been able to speak in the courtroom; these have been situations where any citizen could have stepped in. Essentially, he has made himself available to those who would otherwise be out in the cold pleading for pro bono services or left to defending themselves with no training in the complicated games of the courtroom.
Rather than being recognized for his services, Vaughn has been punished. A complaint by the Law Society several years ago resulted in a court order (issued by Justice Riordon) in November of 2000 that has since prohibited Vaughn from offering “lawyer-like services.” The order is classified as a “permanent injunction” against Vaughn providing any lawyer-like services. This has often prevented the Court from accepting legal paperwork Vaughn has prepared for those requesting his help. This has included notices of motion, notices of application, affidavits and other legal documents that ANY PERSON is technically allowed to do on her/his own if he/she possesses the know-how. My speculation is that the Law Society will be seeking to expand on the already ridiculously restrictive conditions on Vaughn, aiming to prevent him from engaging in ANY communication with the court on someone else’s or EVEN ON HIS OWN BEHALF.
Once again, the date of the trial is:
Thursday, January 11th, 9AM at the Courthouse in downttown Fredericton
Please support Vaughn in his struggle. If you have any questions, please feel free to email me at asaf@citizenspress.org.
Sincerely and in solidarity
Asaf Rashid
(Along with Vaughn, one of the founding member of the Advocacy Collective, a justice-for-the poor, Fredericton-based collective that is currently in hibernation).
All are invited, and highly encouraged, to help our friend and dedicated social justice activist and non-lawyer advocate for the poor, Vaughn Barnett, as he prepares to enter precarious territory on this January 17th. On that date, Vaughn will be in court ( DAY 5) to defend himself against the Law Society of New Brunswick. They will be attempting to have him charged with contempt of court for allegedly providing services that only lawyers are allowed to, a charge which could land him in jail. One of the documents the Law Society provided Vaughn with for this case was a previous case where someone was put in jail for 8 MONTHS! for contempt of court. Vaughn highly doubts that 8 months is likely at all, but a several weeks would not be an unlikely expectation.
The decision is likely to come out tomorrow afternoon. So far, things are looking somewhat bleak.
Vaughn is asking for as much moral support as possible, so please make it if you can, especially in the afternoon, but the morning would be great too if that's the only time that's possible.
*****This is a call to all supporters to show the as massive solidarity as we can muster in defense of a deeply dedicated, local social justice activist; all we need to do is attend his trial to show moral support and present to the judge and prosecuting lawyer(s) that Vaughn is not fighting his struggle alone, and will not be pushed around in silence. Anyone is allowed to attend the trial and be part of the audience; no special permission required. In Halifax recently, Halifax Coalition Against Poverty activist Cole Webber had 25 people come to support him in court for his political trial. Montreal activist Jaggi Singh recently had around 80 people show to support him in a case where he was facing charges for his participation in refugee solidarity activism*****
If Vaughn loses, he can end up in jail, or with fines or some other financial punishment for doing nothing more than trying to help poor people defend themselves. It should be noted that Vaughn lives on social assistance, so he can ill afford fines, thus would likely be forced to go to jail if fines are overly burdensome. Additionally, a loss for Vaughn would set a dangerous precedent that could make it very difficult for grassroots groups in Fredericton, and possibly throughout the province, to provide any sort of legalistic services in the future without challenges.
If you can make it, please arrive at the courthouse in downtown Fredericton (“Justice” building on the corner of Queen and Carlton ) at:
***9:00AM ON THURSDAY, JANUARY 11TH***
A group will be waiting at the entrance to the courthouse, and we shall go in together to show a collective solidarity with Vaughn. WE NEED AS LARGE AN ATTENDANCE AS POSSIBLE. Even attending for 30 minutes - 1 hour helps. Courtroom solidarity is effective if enough people show up to demonstrate a collective strength that will continue to show resilience. A large support group can send a strong message to the judge and prosecutor. Through such solidarity, an unavoidable impression is created that pushing around the one person on trial reequires trying to push around all the supporters as well
THE BACKGROUND:
The Law Society of NB, which grants status to all practicing lawyers in New Brunswick, has hounded Vaughn for several years, continually arriving in court to intercept him every time he has tried to assist someone by using his knowledge of the law. The interference has included attempting to have everything Vaughn submits before the court on someone else’s account thrown out. Most of the time, these cold acts of interference—leaving poor people defenseless—have been effective for the
Law Society. And all this takes place in the province with probably the worst availabilty of Legal Aid services compared with any other in the country, anccording to Vaughn.
Vaughn has made it clear that a strong motivation for the Law Society's continual interference with his work has been animosity towards his direct challenge of the legal profession in NB for their gross lack of services available to poor people and their excessively high legel fees. Another factor mobilizing their interference has been a strong bias against both Vaughn's socialist views and his support and use of various forms of civil disobediance.
Vaughn's work in Fredericton is valuable. Many poor people, over the years, have approached him (and his free services) in order to pursue their respective legal/political cases. He does not announce himself as a lawyer, but someone with legal training. He holds an LL.B. (law degree) from the University of Western Ontario (1994), which, along with his own personalized research over the years, provides him with knowledge that the average person does not have, such as how to write up any relevant legal documents and how to do effective legal research.
After receiving his law degree, he had the intention of pursuing a career as a lawyer; however, when he returned home to Fredericton , he could not find a lawyer to article (apprentice) with—a necessary step in becoming a lawyer. Vaughn's career was temporarily halted, but rather than waiting for an “ordinary” opportunity, he decided to fill in the gaping hole that he still occupies today: arming poor people with tools they do not possess, so they can better defend themselves, find out what other legal options are available or even help determine when is the time for engaging in protest actions (which he joins them in). On occasion, Vaughn has also been able to speak in the courtroom; these have been situations where any citizen could have stepped in. Essentially, he has made himself available to those who would otherwise be out in the cold pleading for pro bono services or left to defending themselves with no training in the complicated games of the courtroom.
Rather than being recognized for his services, Vaughn has been punished. A complaint by the Law Society several years ago resulted in a court order (issued by Justice Riordon) in November of 2000 that has since prohibited Vaughn from offering “lawyer-like services.” The order is classified as a “permanent injunction” against Vaughn providing any lawyer-like services. This has often prevented the Court from accepting legal paperwork Vaughn has prepared for those requesting his help. This has included notices of motion, notices of application, affidavits and other legal documents that ANY PERSON is technically allowed to do on her/his own if he/she possesses the know-how. My speculation is that the Law Society will be seeking to expand on the already ridiculously restrictive conditions on Vaughn, aiming to prevent him from engaging in ANY communication with the court on someone else’s or EVEN ON HIS OWN BEHALF.
Once again, the date of the trial is:
Thursday, January 11th, 9AM at the Courthouse in downttown Fredericton
Please support Vaughn in his struggle. If you have any questions, please feel free to email me at asaf@citizenspress.org.
Sincerely and in solidarity
Asaf Rashid
(Along with Vaughn, one of the founding member of the Advocacy Collective, a justice-for-the poor, Fredericton-based collective that is currently in hibernation).
5 comments:
- I hope that things work out for Mr Barnett as the poor need someone on the legal side of things to help them out. Legal Aid just does not cut it as legal aid is not as free as they way it is. I wish Mr Barnett all the best with this case.
- I wish you all best in your lawsuit. But I can see what the law society is doing, they are simply protecting the law profession (just like the Teachers association, the Nurces association, the Engineers association, etc..). They make sure that people who seek advice get the best possible advice from trained qualified professionals that keep up with their professional training.
But on the same note I am not able to take a side on this issue because I don't have all the facts as there must be a reason that he was not able to find a lawer to do his training in order to become a registered lawer - It is a simple FACT that Vaughn was doing what any person is allowed to do, whether they have training or not. It is basic freedom of speech that if somebody comes to you and asks you how to do something then you can provide them with information. If a hospital refuses to treat you (as legal aid does, just ask charles), then people MUST be allowed to seek other courses of redress. As charles has often said, how many poor people are in jail just because they don't have representation? How bad is poverty REALLY in the province.
For those trying to grant the benefit of the doubt to the province, keep in mind this is a province that prosecuted Charles for taking pictures without any evidence whatsoever, and a a committee, most of whom were lawyers, drew up a bill that said Charles would be charged with 'assault' if he steps foot on legislature grounds, even if nobody else is around.
These acts are the main reason that many people acquiesced to having a federal government-somebody to keep an eye on provincial malfeasance. Yet the feds do nothing about this. This is simply government supported organized crime. - Are you saying that anyone can give legal advice for free or that anyone can charge for it? Are you saying Mr. Barnett does all his "legal" work for free?
- Yes, because he's on social assistance, and those who he helps have no money, that is the point. The big point is that he makes himself available, sort of like a 'company'. So the Law Society sent a 'cease and desist', then went to the court to order him to stop. When he refused, that became 'contempt of court'. Somebody can jump in there if there's an error or to fill in the blanks.
http://oldmaison.blogspot.com/2007/01/vaughn-barnett-final-argruments-set.html
Wednesday, January 17, 2007
VAUGHN BARNETT - FINAL ARGRUMENTS SET FOR 2:30PM!!!
I chatted with the guy this morning and he feels that he's going to be found guilty. I watch a little this morning and it doesn't look good.
I'll be there at 2:300pm!!!!
Room#7
Stay tuned!
I'll be there at 2:300pm!!!!
Room#7
Stay tuned!
http://oldmaison.blogspot.com/2007/01/could-vaughn-barnett-be-sent-to-jail.html
Monday, January 15, 2007
COULD VAUGHN BARNETT BE SENT TO JAIL THIS WEEK BY THE NEW BRUNSWICK LAW SOCIETY???
Ok . . . I never blog this issue but since he’s in court? I’ll put this issue so the readers can debate the issue.
Vaughn Barnett is in court this week.
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It began late last week and will continue for a few more days.
I walked into the court room this morning and there were a few supporters.
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The reason this guy is in court is because he gives advice to the poor on legal issues. He’s not a recognized lawyer.
The interesting part of this trial is it’s the Law Society who wishes to put this guy in Jail.
In New Brunswick, we live in a strange situation.
The Police Forces can grab you from the streets < like what happened to me in Saint John > and you will have to defend yourself in court.
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Legal Aid will not give you a lawyer.
So of course, you will be found guilty and put on probation.
The second you break that probation? You end up in jail.
A poor person could use the legal knowledge of Vaughn but the Law Society will have none of it!
So? Vaughn Barnett might end up in jail this week???
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Is the Legal system in New Brunswick set up for the poor will end up in jail?
Is Vaughn Barnett right or wrong in this case?
What’s your view on this issue????
Vaughn Barnett is in court this week.
It began late last week and will continue for a few more days.
I walked into the court room this morning and there were a few supporters.
The reason this guy is in court is because he gives advice to the poor on legal issues. He’s not a recognized lawyer.
The interesting part of this trial is it’s the Law Society who wishes to put this guy in Jail.
In New Brunswick, we live in a strange situation.
The Police Forces can grab you from the streets < like what happened to me in Saint John > and you will have to defend yourself in court.
Legal Aid will not give you a lawyer.
So of course, you will be found guilty and put on probation.
The second you break that probation? You end up in jail.
A poor person could use the legal knowledge of Vaughn but the Law Society will have none of it!
So? Vaughn Barnett might end up in jail this week???
Is the Legal system in New Brunswick set up for the poor will end up in jail?
Is Vaughn Barnett right or wrong in this case?
What’s your view on this issue????
8 comments:
- Can you link the blog which explains the charges against Vaughn? Does he have a website?
- Isn't it freedom of speech to give advice? If somebody asks me for medical advice the medical society can't sue me so long as I have a disclaimer.
- I asked them for some info weeks later but never received any.
This is the reason I decided to blog this issue.
Maybe they can leave some info in here?
Who knows??? - Would you let someone practice medicine without a licence? without malpractice insurance?
same thing - As long as the person seeking the advice is aware that he is not in fact a lawyer or legal aid then it is just his opinion probably based on his own research. It is up to that person to take his opinion or not. I don't think he should be put in jail for giving his advice to someone. We all give advice to people when they ask us.
- He actually studied law, he knows it, where the problem arose was when he tried to take the bar, the lawyers association would not allow him because he went to a protest. Which they say shows "bad character". It was the WTO protest against globalization, which tons of people were attending. Many times Vaughn has challenged their "bad character" allegations but each time the lawyers stick their noses up and barely listen.
In court, anyone can represent you, they don't even need to be a lawyer, if you study the right things you can get some things. Vaughn has studied them all and is practically a lawyer, he is one without the certificate saying so.
I really appreciate all Vaughn has done for the poor, and he has had a lot happen to him as a consequence which is pathetic. - Keep Vaughan Free.
"A society that has more justice is a society that needs less charity" - Ralph Nader - So what is the actual charge?
https://www.cbc.ca/news/canada/fredericton-man-ordered-to-stop-providing-legal-advice-1.221140
Fredericton man ordered to stop providing legal advice
A man in Fredericton is being ordered by a judge to stop acting like a lawyer.
For the past four years, Vaughn Barnett has been giving legal advice to clients on the north side. He has helped hundreds of people win their day in court, giving advice on everything from traffic tickets to custody fights.
Barnett says he helps people understand their rights and coaches them on what to say in court.
There's only one problem: Vaughn Barnett is not a lawyer.
"I am trained to be a lawyer but I have chosen not to be a lawyer so that I can reduce my overhead and be more affordable," he says.
Barnett uses his law degree to give legal help mainly to poor people. He charges very little money and sometimes even barters for his services.
But the Law Society of New Brunswick says he's acting like a lawyer. And so they successfully took him to court and got a judge to stop him.
Michel Carrier, a spokesperson for the law society, says in order to practise law in New Brunswick, you have to be a member of the law society.
Barnett says he's appealing the court order and Fredericton's anti-poverty organization is supporting him. It says poor people who can't afford lawyers need someone like Barnett to help them get justice.
For the past four years, Vaughn Barnett has been giving legal advice to clients on the north side. He has helped hundreds of people win their day in court, giving advice on everything from traffic tickets to custody fights.
Barnett says he helps people understand their rights and coaches them on what to say in court.
There's only one problem: Vaughn Barnett is not a lawyer.
"I am trained to be a lawyer but I have chosen not to be a lawyer so that I can reduce my overhead and be more affordable," he says.
Barnett uses his law degree to give legal help mainly to poor people. He charges very little money and sometimes even barters for his services.
But the Law Society of New Brunswick says he's acting like a lawyer. And so they successfully took him to court and got a judge to stop him.
Michel Carrier, a spokesperson for the law society, says in order to practise law in New Brunswick, you have to be a member of the law society.
Barnett says he's appealing the court order and Fredericton's anti-poverty organization is supporting him. It says poor people who can't afford lawyers need someone like Barnett to help them get justice.
Also, the judge could have warned you of the consequence of not presenting your own evidence. This would not be giving you legal advice so much as ensuring access to justice. Rather, she apparently counted on you walking into this procedural trap, so that she could rule against you on formal grounds, without having to deal with the real merits of your case. I have observed judges, particularly this one, use that tactic before, against disliked litigants representing themselves.