Case 4 Charges – Fail to Stop at a Stop Sign; Driving Under Suspension:
Actual (Trial) Hearing Date: February 7th, 2014
JP: N/A
Prosecutor: A. Bruno
The Constructive Notice and Declaration (mentioned in Case 3 above) was also handed to the officer at the scene of this event. This Notice was — again — not part of the Disclosure and once again in contradiction of the land mark Supreme Court of Canada case law R. v Stinchcombe. These people should know this stuff — are they failing in their duty to perform or am I on to something? I think I’m on to something!!!
The grounds for me being denied my natural right to use the public roads with my private automobile were due to the fact that I had 2 beers almost 48 hours previous to the time of this event (not permitted for 72 hours based on their BS laws), which from a reasonable man’s point of view is zero justification for the infringement of this right. (I will note that my vehicle was impounded for more than a week (at my expense) because of this charge.)
Once again I filed the 2 motions for this case: the motion challenging jurisdiction and the Section 7 Charter Application. All the paperwork was in order and I was ready to proceed on the trial date. Again the jurisdiction motion is pretty much the same as the previous one and the Section 7 Charter Application is pretty much the same as well with the exception of edits at Tab 3 where the core argument sits.
What happened in court?
On this date I arrived in court early and observed the same prosecutor (Anthony Bruno) from Case 1 conducting the duties in the court that day. After learning that he would be dealing with my matter, I informed him that I would be letting the JP know that there is a conflict of interest here as I had filed a complaint against him. He didn’t say much and we left it at that.
The courtroom appeared to be empty as I once again had a day and a half booked (I motioned the court on a previous appearance to allow this time frame) to address my matter and the motions I had brought forward. Bruno gave me the impression that we would be moving forward with the legal proceedings and asked me to wait awhile until the JP appeared. I walked out into the hallway and stood around for about 5 minutes when I noticed the officer who issued me the Summons to Appear — he was there and indeed it looked as if we were moving forward with this case.
When I got called into the courtroom and the formalities began, Bruno immediately withdrew the charges for the reason being: that the “officer was not in attendance”. As I stated above, I think I’m on to something here!!
Judging the Judge: N/A