if i can figure out why a conflict of interest was declared, it should help me move forward on the s. 9.

so, i'm going to talk to duty counsel in the morning, and may decide to retain counsel, in the end.

i've decided that a charter challenge under section 9 - arbitrary detention - is the correct way for me to go after the cops, on this. i just need to figure out what the mechanism of doing so is.

Detention undertaken for improper motives may be held to be arbitrary. Anything in the circumstances of the detention or arrest which would make it suspect on any other ground, such as an arrest made because a police officer was biased towards a person of a different race or nationality, or where there was a personal enmity between a police officer directed towards the person arrested, if established, might have the effect of rendering invalid an otherwise lawful arrest (R. v. Storrey, [1990] 1 S.C.R. 241 at 251-252). “Individual liberty interests are fundamental to the Canadian constitutional order. Consequently, any intrusion upon them must not be taken lightly and, as a result, police officers do not have carte blanche to detain. The power to detain cannot be exercised on the basis of a hunch, nor can it become a de facto arrest” (Mann, supra at paragraph 35). 

the justification made by the officer is that i was "unpredictable", which is essentially a hunch - and a poor reflection of the facts, as my behaviour was incredibly predictable: i replied to the same ad (when it was reposted) the same way every day. absolutely predictable. and, i do believe i can demonstrate a bias & enmity, as well.

i believe that i need to launch the charter challenge at the pre-trial.

http://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art9.html

you know, this is a hybrid offence.

they could have moved forward with an indictment.

i want a preliminary inquiry, so i'm going to ask for one. we'll see if they give me one or not.