| The Hon. Wally Oppal
Attorney General of British Columbia
Room 234 Parliament Buildings
Victoria, British Columbia V8V 1X4 |
| February 20, 2009 |
| Re: Demand under Section 63 of the Judges Act for an inquiry into the conduct of Justice Mary Marvyn Koenigsberg |
| Dear Sir, |
| It has been reported in the media that you are in favour of holding judges accountable and you encourage individuals or communities to do so. You are correct when you say there are few avenues available to bring about the necessary accountability by the citizenry when a judge’s conduct brings the administration of justice into disrepute. However the comments attributed to you in the media, if true, are somewhat misleading because you as Attorney General also have the power and duty to protect the integrity of the judicial process. You, as Attorney General, have the power to request an inquiry, as you should know, with the Canadian Judicial Council whenever you become aware of problematic judges, or judges whose conducts bring the administration of justice into disrepute. You are, or should be, the people’s voice in matters involving unfit judges. It is a false statement for you to assert that judges are not accountable; you have the power as Attorney General to make judges accountable under the Judges Act. |
| As you are aware the role of the courts in applying the Rule of Law and the people’s trust in the decisions and conduct of the judiciary is crucial to maintaining our civil society. What you haven’t stated publicly, at least that I am aware of, is that as Attorney General you have the statutory authority - and I would suggest an obligation - to make known to the Canadian Judicial Council problematic judges who compromise the public’s confidence in the integrity of our judicial system. Further, in serious matters that warrant a full and independent inquiry you also may make use of your statutory authority to demand such an inquiry on behalf of British Columbians. This is your responsibility and your duty. |
| Section 63 of the Judges Act, a federal Act states: |
| Inquiries concerning Judges |
| Inquiries |
| 63. (1) The Council shall, at the request of the Minister or the attorney general of a province, commence an inquiry as to whether a judge of a superior court should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to (d). |
| Investigations |
| (2) The Council may investigate any complaint or allegation made in respect of a judge of a superior court. |
| Therefore, I am writing to you to request that as Attorney General for the Province of British Columbia you request forthwith a full inquiry into the conduct of Justice Mary Marvyn Koenigsberg by the Canadian Judicial Council. |
| Specifically: |
| 1. For bias or the appearance of bias in Simpson v Mair & WIC Radio. |
| 2. For conflict of interests or the appearance of conflicts of interests in Simpson v. Mair & WIC Radio. |
| 3. For failing to recuse herself in Simpson v Mair & WIC Radio |
| 4. To determine the knowledge of Chief Justice Donald Brenner about the activities of Justice Koenigsberg’s spouse - Lubromyr Prytulak - activities that included allegations of hate, religious intolerance, libel and defamation etc. at the same time she was assigned to my case involving very similar accusations (albeit in my case false ones against me). |
| 5. To answer a further question about why the Chief Justice failed to inform my counsel and the defendant’s counsel about the apparent or real biases and conflicts that could arise as a result of Justice Koenigsberg’s personal affiliations and problems. The documents prove that he had fulsome knowledge in 2004 about Justice Koenigsberg’s situation involving Mr. Prytulak and all that flows from this scandal. |
| 6. The allegations of fraudulent conveyance against Justice Koenigsberg. |
| 7. The involvement and conducts of Chief Justice Brenner as it relates to the Kurtz v. Koenigsberg et al matter |
| 8. Any and all other matters that will no doubt arise when you request an inquiry by the Canadian Judicial Council, including but not limited to her handling of certain other high-profile cases. That is, was there any pattern in the cases she was assigned to handle, and/or any pattern in the decisions she made, which may bring into question the integrity of the justice system? |
| As you should be aware Section 65 of the Judges Act requires that a report be made by the Canadian Judicial Council. Section 65 states: |
| Report of Council |
| 65. (1) After an inquiry or investigation under section 63 has been completed, the Council shall report its conclusions and submit the record of the inquiry or investigation to the Minister. |
| Recommendation to Minister |
| (2) Where, in the opinion of the Council, the judge in respect of whom an inquiry or investigation has been made has become incapacitated or disabled from the due execution of the office of judge by reason of |
| (a) age or infirmity, |
| (b) having been guilty of misconduct, |
| (c) having failed in the due execution of that office, or |
| (d) having been placed, by his or her conduct or otherwise, in a position incompatible with the due execution of that office, |
| the Council, in its report to the Minister under subsection (1), may recommend that the judge be removed from office. |
| R.S., 1985, c. J-1, s. 65; R.S., 1985, c. 27 (2nd Supp.), s. 5; 2002, c. 8, s. 111(E). |
| I am including with this request a copy of my recent correspondences to Chief Justice Brenner and to Mr. Mair’s counsel, Mr. Dan Burnett. I trust that upon your reading of them you will share my observations that my Constitutional Right to a fair and impartial hearing has been grossly trespassed upon and violated in a most serious way and the conducts of Justice Koenigsberg were at best “incompatible” “with the due execution” of her office. |
| In closing I have also included a copy of a professional poll of public opinion that I commissioned concerning British Columbians’ expectations for judges. Please be advised that question # 4 specifically applies to Judge Koenigsberg and my case. It is clear that my trial must be voided if there is to be any adherences to the case law that has been adopted in serious matters such as this. |
| Sincerely yours. |
| Kari D. Simpson |
| Original signed by
Kari D. Simpson |
| Copied to: |
| The Hon. Rob Nicholson, Justice Minister for Canada |
| Duly Elected Members of Parliament |
| Justices of the Supreme Court of Canada |
| Chief Justice Donald Brenner, Chief Justice of the B.C. Supreme Court |
| Agents & Interveners in WIC Radio & Rafe Mair v. Simpson |
| Mr. Gary Kurtz, Lawyer & Plaintiff in Kurtz v. Koenigsberg et al |
| Associate Chief Justice Patrick Dohm-- Dan Burnett, Counsel for Rafe Mair & WIC |
| Concerned Informed Canadians Canadian Judicial Council |
| Law Society of British Columbia Canadian Bar Association |
| Canadian Jewish Congress/ ----Media |
