Case 1 Charges – Speeding; and Driving Without Insurance:
Here is the “Short to the Point Highlights” of this case as there is a lot of data to be presented for it. The more detailed version can be found on the Detailed Page (which includes scanned copies of transcripts; complaints (sadly, I can’t provide the head shaking responses to these complaints for legal reasons); Judging the Judge; and other relevant material):
- First off, this case turned into a big battle that really did not have anything to do with my original arguments. It turned into 11(b) and (d) Charter violations quickly (not getting tried within a reasonable time and not getting a fair hearing).
- The speeding ticket was dealt with as a separate matter in a different court house. The details on what occurred there are irrelevant at this time.
- The trial took over 2 years to take place and according to the facts as to why that occurred and to Supreme Court case law I was not at fault for this.
- The Crown, from my perspective (I have to say it like this for legal reasons), clearly lied on the record to the presiding justice of the peace (JP) about my conduct leading up to the trial. This caused a hostile environment for me and a great injustice prevailed on this day that led to a conviction. This is a key issue in this matter and I encourage everyone to take a good look at this and see how it was dealt with from beginning to end.
- I filed for an appeal and was discriminated at the first hearing after being labeled a free-man-on-the-land litigant. The judge at this hearing talked down to me and even told me to “shut up” at one point — completely unprofessional. The appeal hearing was granted but I faced this same judge again later. [This hearing was to enter into a recognizance to waive the fine of $5,000+ (you have to pay the fine before you can file for an appeal unless you do this). It also had to be determine whether there were grounds for an appeal hearing.]
- At the appeal hearing all the material I provided regarding the law and the protection of my rights was ignored. The appeal judge had a duty to respond in detail to information I provided (a FACTUM AND AUTHORITIES (FAA) book was filed and was in his hands weeks prior to the hearing) and he did nothing of the sort at the hearing and in his REASONS FOR JUDGMENT (RFJ)).
- The appeal judge, by way of his judgment, made it pretty clear to me that he was an unqualified judge as he had no clue what Common Law Maxims are. From my point of view and in my opinion (based on my research of the law), this is completely unacceptable.
- In his RFJ, the appeal judge labeled me an Organized Pseudo-legal Commercial Argument (OPCA) litigant a.k.a. Free-man-on-the-Land litigants — which I am not. My motion arguments are of my own work based on the legal research I have conducted and to my knowledge OPCA litigants are not bringing forward Charter arguments. I was labeled this because of “some similarities”.
- Obviously, I got nowhere with this appeal judge and had to appeal to the Court of Appeal for Ontario (the Supreme Court of Ontario). This was the first time I actually witnessed “due process” in regards to how proceedings are to flow – I have my full say as the one bringing forward the motion (claim/claimant); then the Crown responds to my motion; and then I respond to the Crown with closing arguments. All this with no interruptions by the judge other than clarifying something that was said by one of the parties. The judge analyses all the information and makes a decision based on law (or the facts) right there and then or at later date.
- The decision this Supreme Court judge made was completely puzzling as she (again) did not address any of the legal issues I brought forward. She simply stated there was “no merit” for my appeal and did not give details as to how my arguments did not work as it pertains to the law – ignoring case law; the Charter; Natural Justice; and Common Law Maxims (principles of law). She also failed to see clearly [I guess] within the transcript and with my explanation in court “as to how a hostile environment was created with the deceptive tactics used by the Crown”. (Note: These appeal arguments were not related to Right to Travel issues – they were focused on Charter rights issues pertaining to not getting a fair hearing and not being fully heard (11(d) Charter Application). The matter addressing not getting a trial within a reasonable time (11(b) Charter Application) was intended to be argued before the trial, but I did bring it to the attention of the appeal courts at certain times as that was what I was originally going to focus on before I sought out legal consultation. It was then that I learned that an 11(d) should be focused on for the appeal. Regardless, an 11(b) is still on the table.)
- The real puzzler was the fact that she stated at the end of her hand written endorsement that, “While the appeal judge’s references to OPCA litigants may have been inappropriate in this particular case, they do not displace the conclusion.” This is stunning when it is quite clear in the appeal judge’s decision (his RFJ) that that is exactly why he dismissed the appeal. [A later case (Case 5) decision by another appeal judge (Superior Court) also resulted in another dismissal for the same reason — meaning, that is what I am being labeled as (an OPCA litigant) without a fair hearing and being heard “fully” as the law dictates via the Charter; case law, maxims, and Natural Justice (which is basically defined as a rule against bias and the right to a fair hearing).]
- Another real puzzler was the fact that this Supreme Court judge stated (in regards to the 11(b) – having a trial within a reasonable time, which is about 9-10 months according to case law) that, “While the Crown disclosure may have been late, he received it more than one year prior to his trial.” The Crown gave me the Disclosure documents 13 months after the event and it was almost 2.5 years before the trial took place! That is completely unacceptable according to an 11(b) and a hard look at how that happened needed to take place – and it never did! This is super significant grounds for granting an appeal and the judge appears to just dismiss the fact that it took 2 and a half years to get to trial.
- An explanation on every key point brought forward by me was completely absent the Supreme Court decision. Although there may have been mistakes in this entire legal process by me, the fact that I have no legal experience should bring a measure of leniency and mercy “to be fair”. On the other hand, the individuals acting as the Crown also made a number of errors (or was it intentional?) as well as the judges I had faced and that is unacceptable. This charge should have been dropped according to the Charter and Natural Justice alone.
- Conclusion: I was denied the right to a fair hearing and to be heard fully at the two lower levels of the court and I clearly show, with the evidence I provided, how there was merit for an appeal victory. On the Disclosure issue alone, I received it 13 months later and I was denied the right to speak in response to (again, from my point of view) the Crown’s lies at the trial – which created a hostile environment from there on. (Note: I later discovered that two of the motion arguments I was attempting to bring forward (right to use the road and being forced into a private insurance contract) were Section 7 Charter violations, which I rectified for my other upcoming case(s).)