Help a person who was mistreated in the court
A day in a life of a Canadian
If you live in Canada, and especially in the National Capital Region, please consider helping this person (a Canadian of Polish origin, cancer survivor, just lost her mom recently), who shared with me a rather disturbing story about how she was recently treated in the court, as she was preparing to represent herself.
Her story is in the letter below, which she asks - if this is important to you too - to please email it to the following addresses. I just did.
Please note that this request is time sensitive. Her hearing is on Monday on 20th November 2023. If you can do it now, please do. Feel free to modify and share it, as you feel fit.
Gatineau Court Registry: gcri550@justice.gouv.qc.ca
Gatineau Court: greffedegatineau-penal@justice.gouv.qc.ca
Crown email Gatineau: josiane.larose@dpcp.gouv.qc.ca
Attorney General of QC: bernardroy@justice.gouv.qc.ca
Supreme Court of Canada: records-dossiers@scc-csc.ca
Supreme Court of Canada: registry-greffe@scc-csc.ca
To: gcri550@justice.gouv.qc.ca, greffedegatineau-penal@justice.gouv.qc.ca, josiane.larose@dpcp.gouv.qc.ca, bernardroy@justice.gouv.qc.ca, records-dossiers@scc-csc.ca, registry-greffe@scc-csc.ca
Honorable Judge, Justice, Court,
As a Canadian, attempting to uphold the rights and freedoms of all individuals in my country, I feel it is very important for me to convey my disapproval of the charge of Contempt of Court brought against Ms. Bozena Lis-Kalinowski.
Ms. Lis-Kalinowski is self-representing and was unlawfully convicted by default judgement of absentia on September 21, 2023. Ms. Lis-Kalinowski was in fact in attendance on the day of her appearance and fully prepared to defend herself in the matter.
Ms. Lis-Kalinowski attempted to enter the courtroom and was then told by Constable Kim Purkhardl badge #1844 to deposit her private phones into a clear plastic bag. Constable Kim Purkhardl stated that it was an order of the court and if Ms. Lis-Kalinowski refused to relinquish her phones, she would not be allowed to enter the courtroom. Ms. Lis-Kalinowski stood at the threshold of the courtroom and asked judge Christine Auger JPM to present the order in writing since this direction was contradictory to Quebec court guidelines regarding cell phones in the court: https://courduquebec.ca/fileadmin/cour-du-quebec/centre-de-documentation/toutes-les-chambres/en/GuidelinesTechnology.pdf.
Both of Ms. Lis-Kalinowski phones were turned off and in her handbag at the time of the request by Constable Kim Purkhardl. Ms. Lis-Kalinowski had no prior issues with recording in the courtroom as she has always exercised respect of proceedings during previous appearance so there was no basis of this claim.
Please note that: “Self-represented litigants who are not as familiar with the intricacies of submission of evidence may rely on a cell phone in court to show or demonstrate emails, text messages, photos, and the like. Prohibiting a self-represented litigant from having a cell phone in court could inhibit that person's ability to represent herself.”
Ms. Lis-Kalinowski was unlawfully arrested in front of courtroom #16 and visible to Judge Auger. Ms. Lis-Kalinowski was immediately forcibly detained and subsequently incarcerated in the court holding cell for several hours. Ms. Lis-Kalinowski’s property, two telephones and recorder, were confiscated without warrant and with no order first presented to Ms. Lis-Kalinowski.
Ms. Lis-Kalinowski was not only refused her legal right to make a phone call, but the court also refused her to freely choose her legal representative and instead gave her only the option of using Crown counsel. Defendants have a legal right to make one phone call and to determine their own legal counsel.
Additionally, while in custody, Ms. Lis-Kalinowski repeatedly asked for habeas corpus, which was dismissed by the staff holding her. The right to habeas corpus is enshrined in Canadian common law and the Section 2(c) (iii) of the Canadian Bill of Rights:
“Every law of Canada shall... be so construed and applied as not to... deprive a person who has been arrested or detained of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful”.
In Canada, everyone has the right to effective assistance from counsel and it's considered a principle of fundamental justice.”
It should be evident that this incident has caused extreme duress for Ms. Lis-Kalinowski. At the time of her unlawful arrest and detainment Ms. Lis-Kalinowski’s elderly mother was dying due to illness in her home country of Poland. Ms. Lis-Kalinowski was fearful she would not be able to speak with her mother before she passed. Sadly, Ms. Lis Kalinowski’s mother passed away soon after the incident and Ms. Lis Kalinowski is in deep sorrow.
Further trauma was caused to Ms. Lis-Kalinowski when she was smeared in the media as being an anti-masker. Ms. Lis-Kalinowski is lawfully exempt from wearing a mask via a medical condition with a valid doctor’s note, and in accordance with the law Ms. Lis-Kalinowski is not required to show proof of her exemption. Link to the defamatory media article:
I respectfully ask the court to rescind the charges against Ms. Lis-Kalinowski as they are frivolous and serve no purpose to the greater good of the public and appear vindictive in nature.
Thank you for your consideration,
[YOUR NAME]