Ok now that there is lots of "dirty laundry" out there lets look at what my defense is to what I am alleged to have done.
It is called entrapment and it can be found under s. 8 of The criminal code.
The defining case is referred to or cited as R. v. Mack. The case is a Supreme Court of Canada case and it sets out the criteria for entrapment which starts around point 130 and continues on to point 134 here is the criteria as to whether police engaged in tactics which constitute entrapment:

Here is the link if you care to read through it:

http://csc.lexum.umontreal.ca/en/1988/1988scr2-903/1988scr2-903.html


(a) the authorities provide a person with an opportunity to commit an offence without acting on a reasonable suspicion that this person is already engaged in criminal activity or pursuant to a bona fide inquiry;



(b) although having such a reasonable suspicion or acting in the course of a bona fide inquiry, they go beyond providing an opportunity and induce the commission of an offence.

and



‑‑ the type of crime being investigated and the availability of other techniques for the police detection of its commission;



‑‑ whether an average person, with both strengths and weaknesses, in the position of the accused would be induced into the commission of a crime;



‑‑ the persistence and number of attempts made by the police before the accused agreed to committing the offence;



‑‑ the type of inducement used by the police including: deceit, fraud, trickery or reward;



‑‑ the timing of the police conduct, in particular whether the police have instigated the offence or became involved in ongoing criminal activity;



‑‑ whether the police conduct involves an exploitation of human characteristics such as the emotions of compassion, sympathy and friendship;



‑‑ whether the police appear to have exploited a particular vulnerability of a person such as a mental handicap or a substance addiction;



‑‑ the proportionality between the police involvement, as compared to the accused, including an assessment of the degree of harm caused or risked by the police, as compared to the accused, and the commission of any illegal acts by the police themselves;



‑‑ the existence of any threats, implied or express, made to the accused by the police or their agents;



‑‑ whether the police conduct is directed at undermining other constitutional values.



134. This list is not exhaustive, but I hope it contributes to the elaboration of a structure for the application of the entrapment doctrine. Thus far, I have not referred to the requirement in Amato, supra, per Estey J., that the conduct must, in all the circumstances, be shocking or outrageous. I am of the view that this is a factor which is best considered under the procedural issues to which I will now turn.

Now given that complaints were made by me against Ms. Jen Workman first about her crimes against the Criminal Code and as well the Canada Post Act why would Hamilton Police Services not investigate my claims? A very good question I hope to have answered in April of 2011.

So lets go through this Point by Point

Point b is not applicable in that police should have been applying the law equally as The Constitution of Canada in section 15 demands, no exceptions but no what happened was Hamilton Police sought to deny my protection under the law and bent over backwards to protect Ms Jen Workman the reasons one can only assume when you add that on January 24, 2010 Hamilton Police Services housed a person who admitted to a domestic violence act in a woman's shelter. ( you can find that under the Photos section Cottrill's report The perpetrator admitted to police in two sets of conversations with them that she had assaulted me with no provocation nor was it an act of self defense. It was a domestic violence crime and Hamilton Police Services response was to send the guilty party to a shelter)
Sorry got a little off topic but lets go on complaints made by me a male victim about crimes committed by a female victim in January of 2009 fails to have Ms Workman brought before the courts to answer to my allegations, so that means that Hamilton Police Services bona fide inquiry should have been directed at Ms Jen Workman but that didn't happen.
The type of crime that should have been investigated is a fairly serious crime, messing with someones Government of Ontario mail and the documents located inside can be charged indictable, but that didn't happen did it?

What did happen was by not addressing the situation Hamilton Police Services only increased tensions in a domestic situation. which leads us to point 2 about what an average person would be induced into commission of a crime. Well lets see a person messes with your life, your future, and when police are notified of these acts they tell you to "suck it up" ( yes "suck it up" was said to my face on Feb. 3, 2009 by the desk Sargent on duty that night at Central Police Station) This pretty much is a taunt by Hamilton Police Services for if a crime carrying similar punishment was reported by a female Hamilton Police are more than willing to come and do their legislated job.(see officer Dell and Chu's reports from July 27, 2009 which is a stellar example of policing done by Hamilton's finest in that nothing not the time they arrived nor the email address nor the entry time nothing just a bunch of manufactured evidence I am looking forward to having those 2 officers on the witness stand and asking them some very good questions)

The next point deals with persistence and well they number around 6. Six times at least Hamilton Police Services failed to do their job and apply the law EQUALLY !

Next point is the type of inducement well that is an easy one intentional infliction of mental cruelty. By denying equality and or equal application of the law Hamilton Police Services have created a very emotional situation where anything could happen. Wars are waged for equality around the world, it is a reason why we are in Afghanistan(sp) It is the reason why The Untied States had such violent uprisings during the sixties. It is a core element and value of Our Constitution. It is sacre sanct, It is the grounds for Peace Order and Good Government.

Next is the time of Hamilton Police involvement and the decision made by the officers involved in this was to involve themselves only when Ms Jen Workman (a Female) asked it of them but not when it was pointed out that Ms Workman, who should be referred to as the Accused, had committed crimes against a male.

Next Point would be whether Hamilton Police Services exploited human characteristics. so by pretending that they really could do nothing or were not willing to do anything or that I should "suck it up" pretty much says it all they were trying exploit anger rage to produce a crime.

Mental handicap or addiction well before this all started no need to seek counseling but after ,, a ton of anger issues. The anger issues actually brought out hives on me!

The proportionality of the involvement of Hamilton Police Services and the degree of harm caused by them would include the loss of my Chartered Right to have my case about a former employer letting me go after injuring my back at his business heard before a court of competent jurisdiction that would be another right under The Charter of Rights and Freedoms that Hamilton Police Services trampled on.

Now as far as the point dealing with threats implied or otherwise well lets see when I was protesting in front of the court house 4 or 5 Hamilton Police services came by around 11:00pm or 12:00 am and tried to inform me that what my protest was illegal! Well just to set the record straight that right is found under section 2 Of The Charter of Rights and Freedoms. Our own Steel Workers down at Stelco (refuse to call it the other name) are exercising that right now, [Stay Strong members! Stay the course and don't let big business dictate to big brother why you should give up your hard fought and won contract agreements!] The next threat was made the very next morning of my protest by 2 more of Hamilton's finest, another happened on my arrest date of February 21, 2010 and then it happens again on August 13 in the court house. So yah I've been threatened on numerous occasions by Hamilton Police Services and it was not limited to jail and or charges it also included threats against my life and or physical well being.

The last Point is about whether Hamilton Police Services intended to undermine other constitutional values. I almost can't believe how far it has gone! The evidence is right here on my web-page as to how many Constitutional values Hamilton Police Services have violated! The most important one to me is s 15 which gives us the right to be treated Equally by the law!

Now what is outlined by the above should shock any person and it has affected me profoundly and will affect you the tax payer as well for you see after this goes to court I will be taking money out of your pockets. See when an injustice is committed by the government the only way they seem to learn is through litigation and that means hush money will be paid out just like it was for the Caledonia couple. That money came out of all our pockets in case you didn't know, it came from your taxes! Which means your taxes increased because the provincial government messed up and didn't do the right thing which was to apply the law equally!

Views: 56

Comment

You need to be a member of Fix Our World to add comments!

Join Fix Our World

© 2024   Created by FixOurWorld.   Powered by

Badges  |  Report an Issue  |  Terms of Service