Well let’s see what the Crown was supposed to do when I brought my "laying of an Information" before Justice Hugh Brown.
Where to start with what the Crown should have done and now how she is probably wearing a frown. Guess a good place would be the enabling statute
Crown Attorneys Act.
The first part we as the voting public should look at is the oath that a crown attorney swears to it is pretty straight forward:
Oath of office
8.
I swear (or affirm) that I will truly and faithfully, according to the best of my skill and ability, execute the duties, powers and trusts of Crown Attorney (or assistant Crown Attorney) without favour or affection to any party: So help me God. (Delete if affirmed)
R.S.O. 1990, c. C.49, s. 8; 2006, c. 19, Sched. C, s. 1 (1).
Stated in black and white in common language "without favour or affection to any party"
I guess not pressing charges against women is acting without favour or affection.
Section 10 lets us know that the attorney acts as an agent for the Attorney General, Minister Bentley
Attorney-General’s agent
10. Every Crown Attorney and every provincial prosecutor is the agent of the Attorney General for the purposes of the Criminal Code (Canada). R.S.O. 1990, c. C.49, s. 10.
Alright plain language again that they are employees of the Attorney General and act for him and his ministry which means the minister is responsible for his employees just like any other business.
Section 11 lets us know what being a crown attorney entails, the responsibilities they agree to for their employment. I feel we need only look at two (2) parts A and H
Duties:
11. The Crown Attorney shall aid in the local administration of justice and perform the duties that are assigned to Crown Attorneys under the laws in force in Ontario, and, without restricting the generality of the foregoing, every Crown Attorney shall,
to examine informations, etc.
(a) examine informations, examinations, depositions, recognizances, inquisitions and papers connected with offences against the laws in force in Ontario that the provincial judges, justices of the peace and coroners are required to transmit to him or her, and, where necessary, cause such charges to be further investigated, and additional evidence to be collected, and sue out process to compel the attendance of witnesses and the production of papers, so that prosecutions may not be delayed unnecessarily or fail through want of proof;
justices of the peace
(h) advise justices of the peace with respect to offences against the laws in force in Ontario;
Alright now let’s look at what happened and what didn't happen
What happened Aug 18 in court room 304 down at the Sopinka court house there was the laying of an information. A female Crown attorney or provincial prosecutor was present. An allegation of a crime was made. Evidence was produced including but not limited to testimonial and physical evidence. The crown has pressed charges for less (strictly testimonial against me currently) the crown attorney there that day had unlimited resources to research the laws applicable to the hearing and should have done her job but she didn't. Negligent acts in civil court but in criminal it amounts to an obstruction of justice abuse of process or how about selective prosecution. Section H clearly states that they are to advise the Justice of the Peace as to the laws in force in Ontario. Kinda looks like the laws are only in force if you are a female victim and not a male victim for the laws in force clearly state that what my "ex" did is a crime and it is a hybrid ( can be charged as an indictable or summary) offense.
I guess the crown attorney there that day didn't believe that legal government documents, should have be protected under the law.
The Government of Canada states differently. It is Called Bill [C-10] The Canada Post Act. It clearly outlines what is a crime... mail opening, (section 48) abandoning (section 49) and delay of mail (section 50) section 60 states that these actions can be prosecuted as either indictable or summary. Of course this was just LEGAL GOVERNMENT DOCUMENTS which I guess according to the crown is to be treated as if it was junk mail. I think the Crown needs to let the Government of Canada know that they have changed the law [ Bill C-10] without passing a bill through parliament. Further thought if laws can be changed arbitrarily then I guess we don’t need politicians either. I missed that memo myself did any other Canadian citizens receive one?
Looks like the crown fell asleep those days when the teachers explained that not all laws are to be found in the Bill [46] aka The Criminal Code of Canada, but wait it seems to me the crown regularly prosecutes crimes committed in other acts a prime example would be The Controlled Drugs and Substances Act [1996, c. 19]
The crown is very familiar it seems with this act and quite regularly prosecutes for crimes that are outlined in them. All one has to do is look at the fight for religious right that Brothers Walter Tucker and Michael Baldasaro have been fighting for many years now.
So it seems that crown attorney’s know that laws can be located in other enabling acts bills or statutes. Also the Police I guess after all they arrest people on a daily basis for violations against Bill [C19] The Controlled Drugs and Substances Act.
Well let’s see did the Crown act as it states they should have in their own enabling legislation? To the average layman I’m guessing it doesn't and rightfully so! Acuts Rea has been established Mens Rea well the only one I can come up with discrimination on the basis of sex.
Perhaps it is in the Crown’s own policies where it is explained that discrimination on the basis of sex should be promoted. Here is an excerpt from it where they acknowledge that discrimination is a problem that is ongoing.
Crown Counsel’s Duty of Fairness to the Public
Crown counsel have a responsibility to ensure that every prosecution is carried out in a manner consistent with the public interest. One aspect of the public interest which bears special mention is the challenge facing government and private sector organizations concerning institutional discrimination. Crown counsel, as key participants in the criminal justice system, play an important role in assisting to overcome any forms of discrimination that deny equal access to the criminal justice system. Crown counsel take a leadership role in ensuring that various forms of discrimination, including homophobia, racism and racial profiling, are not reflected in the criminal justice system. Discrimination against child witnesses and women in the criminal justice system existed until changes in the Criminal Code and case law recognized and changed it.
Wow it is stated that the crown is to “as key participants in the criminal justice system, play an important role in assisting to overcome any forms of discrimination that deny equal access to the criminal justice system.” I am guessing that the crown attorney present at the laying of an Information back in Aug. 18, 2009 was there assisting me overcome the discrimination I received in regards to when I informed the Hamilton Police of the crimes that were committed against me by another citizen a woman.
Hold on need to pick myself up off the floor and dust off the Canada’s Charter of Rights and Freedoms. Heinous and Blatant disregard for the equal application of the law and the incredible amount of Bull or Cow Sh*t (equal application of terminology) some are trying to feed me has all but knocked me and the ole Charter here into an alternate dimension where just half the population is to be treated equally. We all must be aware of this alternate dimension or country of Hamilton or Ontario that separated from Canada its laws and policies unbeknownst to the rest of Canada without a legal referendum.
Serious need of some hip waders for me and The Charter the crap they be selling and shovelling is pretty deep here in Hamilton.
Back to what should have happened the crown should have advised his Worship Hugh Brown that what happened constituted a crime and sue out the process. What she did was sat idly by and through an act omission helped to promote discrimination on the basis of sex.
(Cue the music for the twilight zone) Imagine you live in Hamilton and make a phone call or complaint about a crime and nothing is done… you have now entered the twilight zone where only half the population is equal and none of the laws observed in the rest of Canada have effect.
Continuing to protest discrimination on the basis of sex here in Ontario
Peace Out,
Dan
You need to be a member of Fix Our World to add comments!
Join Fix Our World