A Legion of Misshapen Cogs: Pseudolaw in Canadian Criminal Proceedings and Amicus Requirements
Abstract
This article is the first substantive investigation of Organized Pseudolegal Commercial Argument (OPCA) or pseudolaw concepts in Canadian criminal litigation. The 575 reported Canadian court and tribunal decisions that involve pseudolaw in criminal proceedings provide insight into how pseudolaw manifests within criminal proceedings, revealing: the frequency and proportions of criminal pseudolaw litigation, typical pseudolaw “get-out-of-jail-free” strategies, and the types of charges laid against oft self-represented pseudolaw accused and offenders.
Next, this article examines judicial responses to pseudolaw in criminal proceedings following the 2023 Supreme Court of Canada R. v. Kahsai judgment that guides when and how courts must assist a self-represented accused or offender, particularly by appointment of an amicus curiae. Interestingly, R. v. Kahsai does not address Canadian OPCA “institutional disruptor” litigants. To the degree R. v. Kahsai can be applied, a court-appointed amicus curiae appears mandatory once pseudolaw strategies have manifested and are identified by the Crown or court itself.
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