Quarrelsomeness / Querulousness (English)

Quarrelsomeness; Querulousness; Querulous; “Querulent”

1. “Querulous“: The quality of being given to complaining

2. “Quarrelsomeness“: An alleged mental illness or symptomatic personality disorder of self-represented litigants (pro-se counsel; pro-se pleader) in the Quebec legal system.

Querulousness” would be another word equivalent to the word used in English in the Quebec Code of Civil Procedure and in the practice rules of Quebec Superior Court and the Quebec Court of Appeal. The power of these courts to make practice rules regarding “Quarrelsomeness” is highly debatable, as it is not a function of the inherent power of a “court” of law to use its declaratory powers to “diagnose” a litigant as being psychiatrically disordered.

Judges have no psychiatric qualifications and no licence to practice psychiatry. Moreover, it is well known that even qualified medical personnel cannot necessarily diagnose a particular illness, whether physical or mental, with respect to any person, without extensive formal testing and principled medical analysis. For example, a person who is diabetic may be wrongly assumed by a non-medical observer to be an alcoholic, when this is not the case.

In the case of pro se litigants, how can a court of law, of its own volition, simply decide that a person is mentally ill, according to a “list” of alleged “symptoms”, while completely ignoring and discounting numerous other factors including socio-cultural factors?  It is simply not a function of a court of law to practice psychoanalysis and medical diagnoses.  It is a grave danger to civilized society to allow them to purport to do so. The assumption of such a power is well outside the law, being well outside the functions of a court of law.

Would you expect a psychiatrist with no legal qualifications to sit in judgement on your law suit?  Then why would a judge with no psychiatric qualifications be allowed to “diagnose” your state of mental health?&nbsp And moreover, put it on the record and publicly declare you mentally disordered, so that everyone, including your employer can find out that you have been “declared” “crazy” just by checking Google.

In the case of “judicial declarations of madness” by which a judge purports to declare a litigant “quarrelsome“, the real meaning is that the judge has claimed to declare that a litigant exhibits a symptom of paranoid schizophrenia. Do you really think that a judge with no psychiatric qualifications, and in the absence of submission by the litigant to extensive psychiatric evaluation, has the “power” to “declare” someone a “paranoid schizophrenic”?

Moreover, a psychiatrist with no training in law, would have to accept on hearsay from a third party that your litigation, your manner of handling your own legal procedures, and the merits of your case are frivolous or vexatious in the first place, in order to psychiatrically “diagnose” you as having so-called “legal quarrelsomeness”, an imaginary mental illness invented by a non-psychiatrist, Yves-Marie Morissette. If a psychiatrist must accept someone else’s word for the validity of your legal proceedings, then his own “diagnosis” of you would not be based on principled medical testing under his control and supervision. It would be based on hearsay. A psychiatrist would have to assume that a particular court is not politically motivated to declare you “crazy” by misrepresenting the merits of your litigation.

Qarrelsomeness” or “Querulousness” was first “identified” in 1984 by lawyer Yves-Marie Morissette (who has no psychiatric qualifications).

Morissette has written heavily on querulousness, notably since 2001. Morissette has led conferences on querulousness for judges and lawyers, urging the legal community to recognize pro-se litigants as prone to this alleged mental illness.

Morissette himself links the alleged mental illness of “querulousness” to the discredited Soviet alleged mental illness of “creeping schizophrenia“, used to imprison political dissidents in KGB-controlled psychiatric hospitals. The KGB (were/are) the predominant security police organization of Soviet Russia.

3. “Querulousness“: Under Morissette’s guidance, the Quebec government has moved systematically in the direction of adding “querulousness” as an alleged mental illness to the Quebec Code of Civil Procedure, while allowing judges, also with no psychiatric qualifications, to “declare” pro-se pleaders “mentally ill” from the bench, without any prior professional psychiatric evaluation. The ultimate intent according to writings of Morissette is to authorize judges to order the arrest and forced drugging of pro-se pleaders with crippling neuroleptics such as haloperidol (haldol), used by the Soviets in their KGB-controlled political hospitals for dissidents.

Neuroleptics cause brain damage and are reported to function as a form of torture.

4. In French, the word “quérulent” is a noun referring to the person alleged to be mentally ill with the alleged disease of “quérulence” (also French).

There is no “noun” in English to designate an individual said to be given to complaining. Therefore, in order to be able to translate the French noun “quérulent“, a new English noun “querulent“, meaning the person alleged to be given to complaining, or alleged to be mentally ill, is hereby innovated.

 

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"Sed quis custodiet ipsos custodes?" — Juvénal, Satires, VI, 346.  En français : « Qui nous protègera contre ceux qui nous protègent ? »  In English: " Who will protect us from those who protect us? "

 — Mauro Cappelletti dans Louis Favoreu (dir.), Le pouvoir des juges, Paris, Economica, 1990, p. 115.
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“In public regulation of this sort there is no such thing as absolute and untrammelled ‘discretion’, that is that action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose, however capricious or irrelevant, regardless of the nature or purpose of the statute. Fraud and cor­ruption in the Commission may not be mentioned in such statutes but they are always implied as exceptions. ‘Discretion’ necessarily implies good faith in discharging public duty; there is always a perspective within which a statute is intended to operate; and any clear departure from its lines or objects is just as objectionable as fraud or corruption.”

— Mr. Justice Ivan Cleveland Rand writing in the most memorable passage in Roncarelli v. Duplessis, [1959] S.C.R. 121 at the Supreme Court of Canada, page 140.
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The social tyranny of extorting recantation, of ostracism and virtual outlawry as the new means of coercing the man out of line, is the negation of democracy.

— Justice Ivan Cleveland Rand of the Supreme Court of Canada, Canadian Bar Review (CBR)
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Fears are mounting that the psychiatrist Anatoly Koryagin is near to death in the notorious jail of Christopol in central Russia. Letters that have reached the West from his wife and a friend indicate that he is so weak that unless he is given expert medical care he could die at any time. Dr. Koryagin has been in prison for the last four years for actively opposing the political abuse of psychiatry. The abuse takes the form of labeling dissidents as mad and forcibly treating them with drugs in mental hospitals.   ― Peter B. Reddaway, "The Case of Dr. Koryagin", October 10, 1985 issue of The New York Times Review of Books
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“Humor is essential to a successful tactician, for the most potent weapons known to mankind are satire and ridicule.”

— “The Education of an Organizer”, p. 75, Rules for Radicals, A Practical Primer for Realistic Radicals by Saul Alinsky, Random House, New York, 1971.

I am no fan of Saul Alinsky's whose methods are antidemocratic and unparliamentary. But since we are fighting a silent war against the subversive Left, I say, if it works for them, it will work for us. Bring on the ridicule!  And in this case, it is richly deserved by the congeries of judicial forces wearing the Tweedle suits, and by those who are accurately conducting our befuddled usurpers towards the Red Dawn.

— Admin, Judicial Madness, 22 March 2016.
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