TURMEL: Crown Pistyner's Law Society Complaint nixed

[KingofthePaupers]

JCT: I just got the final decision of the Law Society of
Canada on Ontario Chief Federal Crown Prosecutor Morris
Pistyner's in 2010 complaint about me to the Law Society of
Canada:

Law Society of Upper Canada
Osgoode Hall
130 Queen St. W. Toronto M5H 2N6
Tel: 416-947-3300#2470
Fax: 416-947-3990
Email: rsc...@lsuc.on.ca
Randy Scott, Investigator Investigations Department

11/03/2013

PRIVATE AND CONFIDENTIAL

John Turmel
50 Brant Ave.
Brantford N3T 3G7

Dear Mr. Turmel:

Re: Subject: John Turmel
Complainant: Morris Pistyner
Case No: 2010-89149

I have completed the investigation of the complaint by Mr.
Pistyner that you may be engaged in unauthorized provision
of legal services by drafting fill-in-the-blank legal
arguments for the use of self-represented litigants charged
with or convicted of cannabis-related offences and placing
them on http://johnturmel.com/ and other related websites.

I have concluded that the investigation did not uncover
sufficient evidence to substantiate the allegation or to
warrant further regulatory proceedings. Therefore I have
closed this file.

I wish to advise you that though this file is closed and the
Law Society is taking no further action at this time, the
Law Society does not sanction the above-mentioned website or
websites related to it such as
http://johnturmel.com/kits.htm

For your review, and to assist you in your understanding, I
have included below the following sections of the Law
Society of Upper Canada Act which define what constitutes
the provision of legal services as well as S.26.1 which
describes the prohibitions related to the provision of legal
services.

Provision of Legal Services:

(5) For the purposes of this Act, a person provides legal
services if the person engages in conduct that involves the
application of legal principles and legal judgment with
regard to the circumstances or objectives of a person.

(6) Without limiting the generality of subsection (5), a
person provides legal services if the person does any of the
following:

1. Gives a person advice with respect to the legal
interests, rights or responsibilities of the person or of
another person.

2. Selects, drafts, completes or revises, on behalf of a
person,
i. a document that affects a person's interests of rights to
or in real or personal property;
ii. a testamentary document, trust document, power of
attorney or other document that relates to the estate of a
person or the guardianship of a person.
iii. a document that relates to the structure of a sole
proprietorship, corporation....
iv. a document that relates to a matter under the
Bankruptcy...
v. a document that relates to the custody...
vi. A document that affects the legal interests, rights, or
responsibilities of a person, other than the legal
interests, rights or responsibilities referred to in
subparagraphs i to v, or
vii. a document for use in a proceeding before an
adjudicative body.

3. Represents a person in a proceeding before an
adjudicative body.

4. Negotiates the legal interests, rights or
responsibilities of a person.

Representation in a proceeding

(7) Without limiting the generality of paragraph 3 of
subsection (6), doing any of the following shall be
considered to be representing a person in a proceeding:
1. Determining what documents to serve and file in relation
to the proceeding, determining on or with whom to serve or
file a document, or determining when, where or how to serve
or file a document.

2. Conducting an examination for discovery.

3. Engaging in any other conduct necessary to the conduct of
the proceeding."

Non-license practicing law or providing legal services

Subsection 26.1(1) of the Act provides:
"no person, other than a licensee whose license is not
suspended, shall practice law in Ontario or provide legal
services in Ontario."

Non Licensee holding out, etc.

26.1(2) Subject to subsections (6) and (7) provides that:
"No person, other than a licensee whose license is not
suspended, shall hold themself out as, or represent themself
to be, a person who may practice law in Ontario or a person
who may provide legal services in Ontario."

Thank you for your cooperation during the course of the
investigation. Please do not hesitate to call me should you
have any question regarding the above.

JCT: Though I sure sound guilty of giving a person advice
with respect to the legal interests, rights or
responsibilities of the person or of another person; and
I selected, drafted, completed and revised, on behalf of a
person,
i. documents that affect a person's interests of rights to
or in real or personal property;
vii. documents for use in proceedings before an adjudicative
body.

I seem guilty of
3. Representing a person in a proceeding before an
adjudicative body.
4. Negotiating the legal interests, rights or
responsibilities of a person.


I seem guilty of:
Representation in a proceeding
(7) Without limiting the generality of paragraph 3 of
subsection (6), doing any of the following shall be
considered to be representing a person in a proceeding:
1. Determining what documents to serve and file in relation
to the proceeding, determining on or with whom to serve or
file a document, or determining when, where or how to serve
or file a document.
JCT: I sure seem to have done all that.

2. Conducting an examination for discovery.
JCT: Okay, I did that for Terry Parker.

3. Engaging in any other conduct necessary to the conduct of
the proceeding."
JCT: I've done that in many other proceedings.

Non-license practicing law or providing legal services
Subsection 26.1(1) of the Act provides:
"no person, other than a licensee whose license is not
suspended, shall practice law in Ontario or provide legal
services in Ontario."

JCT: Notice how "practice law" and "provide legal services"
both involve money. Now they don't mention money which
allows me to seem guilty of all these activities. But I'm
not "providing legal services" because those services are
not paid for. Service is paid for, freebies aren't service,
they're gifts. I didn't serve them to my self-defenders for
reward, I gifted them for satisfaction.

Non Licensee holding out, etc.
26.1(2) Subject to subsections (6) and (7) provides that:
"No person, other than a licensee whose license is not
suspended, shall hold themself out as, or represent themself
to be, a person who may practice law in Ontario or a person
who may provide legal services in Ontario."

JCT: And again, John The Engineer serves no one. I am free.
(Double meaning: Liberated or the best legal advice money
can't buy.)

Nice to have that threat gone though it would have been fun
to establish the right of a self-defender to a McKenzie
Friend not only in the UK and Australia but in Canada too.