because i'm not licensed, i need a judge to order the audio from the bail hearing.
that's whacked. i understand the restriction as it applies to media or the general public, for privacy reasons. i don't really want a newspaper combing through my bail hearing without a court order declaring it's public knowledge; i get it. but, it's my fucking bail hearing. is my self-interest not obvious?
worse, i have to sign a waiver that says i can't use the audio for any meaningful purpose.
i guess the transcription lobby has some power, huh?
it would be a lot of effort to get a recording, and i couldn't do anything with it. let's see if the rules around transcripts are equally draconian.
Wednesday, September 26, 2018
so, what do i need to do for tomorrow?
1) file the appeal with the fee exemption. remember: i'm poor. i don't pay court fees. there's plenty of justice for the impoverished; it's the working poor & middle class that get reamed.
2) request full disclosure from the crown.
3) ask for the transcripts of the bail hearing, including the sections i missed.
4) ask the duty council if she has any documents i'm entitled to see. i should have done that the other day. i was not exactly thinking straight. she should also have some information for me regarding a legal aid certificate. was there a warrant for my arrest?
5) ask for video of my time in detention, as i was clearly in anguish. tortured. dying inside. so sad. so sad...
i think i will need to wait until the process plays out before i can prosecute the officer, or file the complaint. right now, i want data. i just have to figure out how to get all of these things.
i think it's freedom of information. and i think it's a $5 fee.
1) file the appeal with the fee exemption. remember: i'm poor. i don't pay court fees. there's plenty of justice for the impoverished; it's the working poor & middle class that get reamed.
2) request full disclosure from the crown.
3) ask for the transcripts of the bail hearing, including the sections i missed.
4) ask the duty council if she has any documents i'm entitled to see. i should have done that the other day. i was not exactly thinking straight. she should also have some information for me regarding a legal aid certificate. was there a warrant for my arrest?
5) ask for video of my time in detention, as i was clearly in anguish. tortured. dying inside. so sad. so sad...
i think i will need to wait until the process plays out before i can prosecute the officer, or file the complaint. right now, i want data. i just have to figure out how to get all of these things.
i think it's freedom of information. and i think it's a $5 fee.
i'm going to get something to eat first, but this looks like what i'm up to.
https://en.wikibooks.org/wiki/Canadian_Criminal_Procedure_and_Practice/Disclosure
https://en.wikibooks.org/wiki/Canadian_Criminal_Procedure_and_Practice/Disclosure
ok.
i took three years of a "law and society" course, which included courses on tort law, constitutional law, aboriginal law and criminal law as well, but i have never studied the procedures involved in an actual trial. and, they tell you this, right. "this course will not prepare you for a court room". this is why lawyers go through an apprenticeship process, right.
so, i need to teach myself how this is going to actually happen.
one of the reasons that duty counsel was so necessary for me yesterday is that i didn't have access to a computer, meaning i was unable to research the topic. i've never studied bail conditions. i don't have any idea. if you gave me the night to figure it out, mind you...
i assumed i was going to go to a pre-trial hearing first, and a bail hearing second. that is, i assumed the judge would base their bail decisions on a pre-trial. well, how is a judge supposed to figure out proper bail conditions without looking at the trial evidence? apparently, what they actually do is look at prior history. i guess you could argue that i'm missing the point: the bail hearing is not intended to weigh the value of the evidence, but whether i'm eligible for bail, which is not determined by evidence but by history. but, that still strikes me as irrational. i do believe that had the judge looked at the actual evidence, i would have been released without conditions - and the case would have been dropped.
if i am right, and the judge dismisses the case immediately, i am going to be forced to deal with the consequences of a charge pending on my record while i am searching for housing, in a very critical period, in the first few days of a stay. it's difficult to underestimate the potential damage that this is going to create for me. and, while it may work out in my favour in the end, it's an outrageous scenario in the short-term.
imagine a scenario where, on sept 30th, i am permitted to sign a lease on the condition of passing a police check, fail that check, and then have the charges dropped on oct 1st. that's a lawsuit the cops can't win, sure. but, it's a deep cost for me, as well.
so, the purpose of the date on the 10th is supposed to be to ask for disclosure. but, i really feel that the crown should have had that information available before they even arrested me, and that it should have formed the basis of the bail hearing.
i frankly do not think it is unlikely that the court will drop the charges before the 10th, making the hearing and disclosure unnecessary - although i will ask for disclosure, anyways.
but, the longer this drags on, the more annoying it is for everybody, as the harder it is going to be for me to leave.
at this point, i don't even know if the crown is seeking to send me to jail or not. while i would consider that extremely unlikely, it's kind of important information for both me and a potential landlord to have, as i am about to sign a lease.
i took three years of a "law and society" course, which included courses on tort law, constitutional law, aboriginal law and criminal law as well, but i have never studied the procedures involved in an actual trial. and, they tell you this, right. "this course will not prepare you for a court room". this is why lawyers go through an apprenticeship process, right.
so, i need to teach myself how this is going to actually happen.
one of the reasons that duty counsel was so necessary for me yesterday is that i didn't have access to a computer, meaning i was unable to research the topic. i've never studied bail conditions. i don't have any idea. if you gave me the night to figure it out, mind you...
i assumed i was going to go to a pre-trial hearing first, and a bail hearing second. that is, i assumed the judge would base their bail decisions on a pre-trial. well, how is a judge supposed to figure out proper bail conditions without looking at the trial evidence? apparently, what they actually do is look at prior history. i guess you could argue that i'm missing the point: the bail hearing is not intended to weigh the value of the evidence, but whether i'm eligible for bail, which is not determined by evidence but by history. but, that still strikes me as irrational. i do believe that had the judge looked at the actual evidence, i would have been released without conditions - and the case would have been dropped.
if i am right, and the judge dismisses the case immediately, i am going to be forced to deal with the consequences of a charge pending on my record while i am searching for housing, in a very critical period, in the first few days of a stay. it's difficult to underestimate the potential damage that this is going to create for me. and, while it may work out in my favour in the end, it's an outrageous scenario in the short-term.
imagine a scenario where, on sept 30th, i am permitted to sign a lease on the condition of passing a police check, fail that check, and then have the charges dropped on oct 1st. that's a lawsuit the cops can't win, sure. but, it's a deep cost for me, as well.
so, the purpose of the date on the 10th is supposed to be to ask for disclosure. but, i really feel that the crown should have had that information available before they even arrested me, and that it should have formed the basis of the bail hearing.
i frankly do not think it is unlikely that the court will drop the charges before the 10th, making the hearing and disclosure unnecessary - although i will ask for disclosure, anyways.
but, the longer this drags on, the more annoying it is for everybody, as the harder it is going to be for me to leave.
at this point, i don't even know if the crown is seeking to send me to jail or not. while i would consider that extremely unlikely, it's kind of important information for both me and a potential landlord to have, as i am about to sign a lease.
i suspect that the actual truth is that the situation was driven by the officer, who essentially filed a false report. but, this is what we'll need to determine over the upcoming weeks. either:
1) this woman legitimately thinks that somebody aggressively applying for an ad puts her in some kind of risk category, which indicates she's dealing with some kind of schizophrenia, or some kind of stress disorder. she appears to be imagining that i'm following her around. i've never met her. but, if her fear is truly honest, it implies she requires psychiatric attention. or,
2) the cop manufactured the situation to go after me, in whatever collusion there was with this woman.
so, it's either a crazy woman that needs help or it's a malicious cop that needs to be fired - or both.
we'll figure this out, soon enough.
1) this woman legitimately thinks that somebody aggressively applying for an ad puts her in some kind of risk category, which indicates she's dealing with some kind of schizophrenia, or some kind of stress disorder. she appears to be imagining that i'm following her around. i've never met her. but, if her fear is truly honest, it implies she requires psychiatric attention. or,
2) the cop manufactured the situation to go after me, in whatever collusion there was with this woman.
so, it's either a crazy woman that needs help or it's a malicious cop that needs to be fired - or both.
we'll figure this out, soon enough.
i really had no option but to sleep.
i'm up now....
the most annoying thing about what happened yesterday is that i lost the day to applications, and i'm going to lose the day today, as well, because i lost my voice. i spent much of the night and day screaming to see a judge.
i sound like a kid learning how to play the trumpet: sound for a second or two, and then wind. if i yell, it comes back a little. i probably just need to rest them. hopefully, i'll be able to talk again tomorrow.
20 hours. i was very close to being released; the magic number is 24.
i'm going to roll with the system so long as i have to, but i don't think things are happening the way that they're supposed to. i have yet to see the charges laid against me, or any evidence or arguments from the crown. i told them i was representing myself, but they put the situation in the hands of a duty counsel instead. she had a conservative approach that was focused on getting me out of jail, and she did - my conditions are that i can't apply to the ad again (until the charges are dropped) and that i can't be around guns, which isn't much of a condition at all. if somebody sees me with a gun, i'll have to pay a $100 fine. but, i would have taken a much more aggressive approach in insisting there are no grounds for any restrictions at all.
in my view, the situation essentially reduces to due process. the woman is making an accusation against me, and i need to defend against it. this accusation may be frivolous and vexatious, but i will need to suffer the consequences of it until that is demonstrated - and then be compensated for any damages i suffer as a consequence of it.
as this ad is posted every day, i'm of the opinion that i have every right to apply to this ad every time it is posted. i will continue to exercise my rights in due course. but, because i'm guilty until proven innocent, and i signed an agreement, i will need to back off for a few days or weeks.
i will be aggressively attacking this woman in the court. some cursory google research suggests that she has a history of filing vexatious charges, and usually has her cases dropped. i am absolutely willing to be the person that stands up and puts a stop to this, has her ordered to undergo a psychiatric evaluation and has her barred from further vexatious litigation. she should expect this to be very difficult. and, am i supposed to shed a tear?
i will be aggressively attacking the officer, as well, with the intent to have him fired.
i will be suing the city for emotional damages related to locking me up on false charges.
i will probably launch a civil case against this woman for damages resulting from having to fight off a harassment charge while i am trying to move.
and, i will be launching a human rights challenge against the apartment complex, as well. i was going to have a hard time doing that, up until this point, because i didn't have a lot of information. but, the information being presented by the court is full of language like "the tenant is not welcome". that is, her vexatious litigation is going to give me the information i need to prosecute her for discrimination, that i didn't previously have.
in ontario, applications may be denied for financial reasons like failing a credit check. but, telling a tenant that they are "not welcome here" is discrimination under the law. it's amazing that this ended up in the court documents, but i'll take my good luck, as it is.
obviously, my first order of business is getting the charges dropped, and i legitimately do not expect this to be difficult. i'm really fairly stuck until i can do this. i'm almost wondering if i'm better off waiting, so i don't scare off any potential landlords.
and, while i don't even expect the case to go to trial, there is an obscure possibility that i could be facing up to ten years' imprisonment. it's almost impossible for me to think about moving until the tenth...
yeah.
i'll need to file in the morning.
i'm going to accept legal aid, because it is available and it would be foolish not to. i don't want to pay for a lawyer, but i'll take a lawyer, for free. see, i think i understand the law well, and i'm good at winning arguments, but i'm going to need help with the procedural aspect of it. i really think what i need is a tutor, to help me through the procedure the first time. and, once armed with that experience, i can then represent myself in future cases. i'm expecting to hear something back by the end of the day, and, if i don't, i'll call after 17:00.
the one qualification i need to present is the following: given the context, i need the lawyer to be female. and, you can expect me to show up to court looking pretty, too.
i'm up now....
the most annoying thing about what happened yesterday is that i lost the day to applications, and i'm going to lose the day today, as well, because i lost my voice. i spent much of the night and day screaming to see a judge.
i sound like a kid learning how to play the trumpet: sound for a second or two, and then wind. if i yell, it comes back a little. i probably just need to rest them. hopefully, i'll be able to talk again tomorrow.
20 hours. i was very close to being released; the magic number is 24.
i'm going to roll with the system so long as i have to, but i don't think things are happening the way that they're supposed to. i have yet to see the charges laid against me, or any evidence or arguments from the crown. i told them i was representing myself, but they put the situation in the hands of a duty counsel instead. she had a conservative approach that was focused on getting me out of jail, and she did - my conditions are that i can't apply to the ad again (until the charges are dropped) and that i can't be around guns, which isn't much of a condition at all. if somebody sees me with a gun, i'll have to pay a $100 fine. but, i would have taken a much more aggressive approach in insisting there are no grounds for any restrictions at all.
in my view, the situation essentially reduces to due process. the woman is making an accusation against me, and i need to defend against it. this accusation may be frivolous and vexatious, but i will need to suffer the consequences of it until that is demonstrated - and then be compensated for any damages i suffer as a consequence of it.
as this ad is posted every day, i'm of the opinion that i have every right to apply to this ad every time it is posted. i will continue to exercise my rights in due course. but, because i'm guilty until proven innocent, and i signed an agreement, i will need to back off for a few days or weeks.
i will be aggressively attacking this woman in the court. some cursory google research suggests that she has a history of filing vexatious charges, and usually has her cases dropped. i am absolutely willing to be the person that stands up and puts a stop to this, has her ordered to undergo a psychiatric evaluation and has her barred from further vexatious litigation. she should expect this to be very difficult. and, am i supposed to shed a tear?
i will be aggressively attacking the officer, as well, with the intent to have him fired.
i will be suing the city for emotional damages related to locking me up on false charges.
i will probably launch a civil case against this woman for damages resulting from having to fight off a harassment charge while i am trying to move.
and, i will be launching a human rights challenge against the apartment complex, as well. i was going to have a hard time doing that, up until this point, because i didn't have a lot of information. but, the information being presented by the court is full of language like "the tenant is not welcome". that is, her vexatious litigation is going to give me the information i need to prosecute her for discrimination, that i didn't previously have.
in ontario, applications may be denied for financial reasons like failing a credit check. but, telling a tenant that they are "not welcome here" is discrimination under the law. it's amazing that this ended up in the court documents, but i'll take my good luck, as it is.
obviously, my first order of business is getting the charges dropped, and i legitimately do not expect this to be difficult. i'm really fairly stuck until i can do this. i'm almost wondering if i'm better off waiting, so i don't scare off any potential landlords.
and, while i don't even expect the case to go to trial, there is an obscure possibility that i could be facing up to ten years' imprisonment. it's almost impossible for me to think about moving until the tenth...
yeah.
i'll need to file in the morning.
i'm going to accept legal aid, because it is available and it would be foolish not to. i don't want to pay for a lawyer, but i'll take a lawyer, for free. see, i think i understand the law well, and i'm good at winning arguments, but i'm going to need help with the procedural aspect of it. i really think what i need is a tutor, to help me through the procedure the first time. and, once armed with that experience, i can then represent myself in future cases. i'm expecting to hear something back by the end of the day, and, if i don't, i'll call after 17:00.
the one qualification i need to present is the following: given the context, i need the lawyer to be female. and, you can expect me to show up to court looking pretty, too.
the last 30 hours have been absurd.
full write-ups will happen over the evening. but, i now have to fight an absurdly frivolous harassment charge over the next few weeks, which is going to make it difficult to find an apartment. i think i'm actually dealing with a dumb cop. but, i'm now going to fail a criminal check, until i can get the charges dropped..
i have no choice but to appeal and will probably file it immediately in the morning.
in the long run, i expect to end up richer from this. a lot richer. in the short term, it's massively disruptive.
this is a letter meant for potential counsel.
http://dghjdfsghkrdghdgja.appspot.com/thoughts/kafkavsorwellinreallife.html
full write-ups will happen over the evening. but, i now have to fight an absurdly frivolous harassment charge over the next few weeks, which is going to make it difficult to find an apartment. i think i'm actually dealing with a dumb cop. but, i'm now going to fail a criminal check, until i can get the charges dropped..
i have no choice but to appeal and will probably file it immediately in the morning.
in the long run, i expect to end up richer from this. a lot richer. in the short term, it's massively disruptive.
this is a letter meant for potential counsel.
http://dghjdfsghkrdghdgja.appspot.com/thoughts/kafkavsorwellinreallife.html
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