Journal of the Occupation of St. Ann’s Academy

(Victoria, BC, Canada)

 

January 2004 to May 2013 (so far)

 

In the beginning…

 

I was always told to be nice. I saw it was good. Cried when I watched Gandhi (for the first and second times… maybe a third). Saw a lot of sadness and confusion in the world. Saw that mysteries were something to be solved and not contented with.

 

On acid, back in ’97, I figured ‘it’ out, at least to a basic fundamental level. I had been making a sport of meditation, ‘owning my sanity’, one may say. Until one day I knew I needed to not have any other responsibilities so that I might take another, though naïve of its form, on. Had given a month’s notice at my job and gave away my motorbike (in return, the fellow gave me a number of hits of acid… it was this acid of which I speak). Essentially, I had seen that truth was more important than life because life without truth was Hell. Then in the years to follow I allowed for truth, the more daunting the more sought. I ended up in Victoria, this time, in 2000 and started living outside, under trees, down at the beach, and such. The whole while meditating down at the Causeway, having many conversations about the ‘meaning of life’ daily and eventually discovering fate and patience as the ‘be alls’ of philosophic endeavour.

 

In the months leading up to the end of 2003 the number of ‘deterrent events’ was increasing with condescending and threatening police and grounds-keepers hunting out sleepers, and the application of ‘bum-away’ (undiluted fertilizer- ground up fish) on known sleeping spots. Added with the winter conditions, my fatigue brought with it a consideration that my innocence was not being ‘presumed of’ in my ability to sleep conscientiously. So, I was inspired to take issue.

 

This was an account of a campaign to determine the right to sleep. It is so much more.

 

Patience be with us all.

 

There is a ‘police and courts encounter list’ that acts as a nice summary if the journal’s length is too daunting. It can be found at the Monday, January 10th, 2011 entry.

 

 

You Are Welcome to Kill Me, If You Will

 

-

 

Inspiration is the only thing that moves us.

 

Through the entire scatteredness of everything we still have our own calmnesses that will see us through to our deaths.

 

The moment I get a tent I will set a time that I will erect it at St. Anne's Academy (probably not more than a day after I have it- to focus myself and to invite others to join- though I've seen that I'll do it alone, regardless). When approached by the police I will let them know that I will consider (truly) anything they have to say, though until they understand that pride is a lie it will be impossible for them to presume innocence of me- so I will be in 'parent talking to a child' mode instead of 'sibling talking to a sibling' mode. I have had dreams where their 'demons' were exorcised though I expect I will be arrested for 'obstruction of justice', for I will not be letting the conversation go past me waiting for them to presume innocence of me. As long as I am in custody I will not eat. This seems to be my role.

 

They will arrest me and take the tent. They will figure out my particulars and release me. I will go back to St. Anne's, regardless of tent. It will be impossible for me to find contentment in a world content with a lie- so I do this until I die or until 'predestiny' is recognized by all... we shall see.

 

in honour and Heaven,

 

David Arthur Johnston

 

 

Current events for St. Ann’s Academy (Saturday night- Jan. 17/ 2004)

 

-

 

...Victoria, BC, Canada...

 

hey hey

 

about 7-9 tents showed up at 5PM- police came around 8-9PM- they were surprised, told us to go- we didn't- they talked to the 'property manager' and they 'gave us 1 night'- 10AM next morning police came and took everything- no arrests--- many significant conversations took place- 1 cop in particular had suggested at him that, objectively speaking, there is no excuse for resentment because a person can only do what they know--- it was good--- a job quitting catalystic type conversation...

 

went back that night (last night) and slept under a tree with my friend- no blanket or tent or cardboard- found someone's stashed sleeping bag around 2 or 3AM it was drizzling all night, the temp getting down to 0-1 degrees Celsius. Not freezing, though cold enough to inhibit sleep.

 

I have intentions of continuing--- I am happy the police took my burden (my blanket pack) it was killing me carrying everyday. I'm feeling quite liberated and confident- Heaven is in sight.

 

in dance,

 

David

 

PS: Apparently, those who complied with the 'order' to go, seem to have gone to the alcove at city hall...

 

 

St. Ann’s update- Sunday night (Jan. 18)

 

-

 

Monday morning at the library...

 

Found a blanket in a dumpster- so slept a bit better.

 

Friends practiced tree climbing for a bit then everyone slept.

 

The yew trees are good for providing shelter from light rain.

 

I like not carrying stuff around anymore- though if I come across a good wool blanket I'll make a poncho.

 

I like St. Ann's. It's very serene.

 

adventure and ease to you all,

 

David

 

 

A letter to those who claim St. Ann's Academy

 

-

 

Apparently this culture has deemed it 'illegal' to sleep outside--- or more, as far as this town is concerned, it is better to appear pristine than have people sleeping comfortably without fear of imposition.

 

Once a place of God you've become 'owned' by money/provincial government body. Pride is not recognized to have any authority- so, that being, I now call your lawn my home (though, I've had the dream that the building volunteers itself to be occupied by the weary and fatigued). If you will, you could give your 'security' people a heads-up, so that they may practice their generosity (A.K.A. bring out coffee in the morning, or other 'like' niceties).

 

You can pretend 'offence' if you like, though you will only be flailing... whether recognized or not, we are our brother's keepers.

 

in responsibility,

in virtue,

in avoidance of internment camps and NAZI rule,

in the serious consideration of rather being dead than using money (because it supports pride),

 

David Arthur Johnston

 

 

Monday night at St. Ann’s Academy (Jan. 19)

 

-

 

Not horribly eventful- I had sent a letter to the official St. Ann's email address so I wasn't sure what to expect- though I presume that someone has yet to read it (though I forwarded it to a bunch of people, including Paul Battershill, the 'chief of police'- though (enough with the 'thoughs' already) I presume, again, that even if they (the police) have knowledge they will not do anything until there is a complaint.

 

Got a new poncho, so I got some sleep--- mildly good dumpster score- case of 1 litre orange juices with some apple-cranberry pie...

 

We'll see what happens tonight...

 

in the exact way to initiate a permanent tent-city that evolves into a permaculture eco-village,

 

David Arthur Johnston

 

 

St. Ann’s Academy update- Tuesday night (Jan. 20)

 

-

 

Apparently, I'm not in jail.

 

It seems everyone knows we are there, yet nothing is being done to us.

 

It was a good night--- got some sleep that I had been needing--- there wasn't a lot in the dumpster (few apples, some mustard, tomato basil dip, some bread, case of diet 7-up(yik))...

 

cool thing- take a larger can (one up from a regular 'Campbell's soup can', pineapple or chick peas size)- keep the lid- poke three small holes on the side near the bottom- poke three small holes on the side near the top- poke a few tiny holes in the end- place a candle inside- have the flame supported about halfway up the can- you can put the lid on top if you could fry- or you can use a smaller can with water/liquid to boil--- just a candle- it's so cool

 

other than that there was a surprising thing downtown- for about 5-6 blocks on both sides of Douglas someone had taken chalk and had written a whole bunch of happy little sayings- it was very neat- a lot of people went to work today with smiles on--- it seems the banks made a point of washing the ones in front of them- which is funny because it was the washing of them that made a smearing mess, not the writings themselves--- the city considers chalk 'graffiti' so they are probably pretending offence- which is funny- may those hired not hold any resentment to the muses- may they quit their jobs instead, rather than wash away the word 'love'.

 

anyhoo... we'll see what happens tonight in the continuing adventures of 'living at St. Ann's'...

 

love,

 

David Arthur Johnston (just another reflection of the 'everything')

 

PS: There is much confidence to be gained knowing pride has absolutely no authority (there is no private property, though there is respect).

 

PPS: 'Those who pay taxes share the same morality as the military.'

 

''Those who content themselves with not knowing what pride is share the same morality as every perpetrator of every brutality, ever.'

 

good luck

 

'Heaven-on-Earth' IS only one nervous breakdown away.

 

 

The occupation of St. Ann's- Wednesday night (Jan. 21)

 

-

 

Going to bed at leisure. Getting up at leisure. Appreciating the 'now' greatly, and anticipating a mass acknowledgement of predestiny (which is fearlessness).

 

There is no trauma we cannot face. Even the one that precedes a remembrance of the reality of Heaven-on-Earth. Food does grow on trees and we can be ultimately inspired.

 

we go back every night- I see the occupation of the building itself in the near future- as in, we will be invited in or it will become abandoned--- we shall see

 

David

 

 

St. Ann’s Academy update- Thursday night (Jan. 22)

 

-

 

It was cold and rainy so we went to bed early and 'forwent' the dumpsters. There is a very good tree near one of the corners of the grounds, very thick foliage, so we huddled under there. We stayed dry (mostly), some of us getting more sleep than others.

I am currently attempting to manifest some rope and tarp, maybe a couple of blankets and/or sleeping bags... we shall see...

 

Apparently, (as far as the 'virtue trip' is concerned) as long as one contents themself with not knowing what pride is they have no authority- so, again, anyone who would, you are welcome to kill me, if you will (regardless of 'where you're at' you may want to prepare, slightly, for the time you may consider rather being dead than using money anymore... because your want of truth WILL find itself stronger than your contentment with laziness).

 

in knowing resentment is innately immature because it does not take into account that anyone can only be their experience,

 

in liberation and rest,

 

David Arthur Johnston

 

PS: "The intimidation passed.

Laying in the grass.

Laughing and smiling."

 

 

St. Ann's Update- Friday night (Jan. 23)

 

-

 

Drizzlely and cold, though we were in high spirits (appreciating a bit of sleep deprivation). I am fortunate to know very funny people.

 

Same tree last night. The sleeping bag that was stashed openly in a tree (trusting that with the weather the way it was that no one would bother with it) was still there.

 

I got up about 6 and noticed some stars were out, it made me very happy... I left for the Sat. morning breakfast... the others, apparently, were woken up by a security guard not long after I left. He told them that he had seen us sleeping for the last couple of hours, but people need to sleep so he left us... we will see where that goes...

 

So, this continues... it's been 1 week now, whatever that's supposed to mean...

 

anyhoo,

 

in unavoidable endurance,

 

David Arthur Johnston

 

 

St. Ann’s update- Saturday night (Jan. 24)

 

-

 

Something's gonna break soon.

 

Last night I had gone to bed early (around 8PM). Around 9PM a security guard came up and fervently asked me to leave-

 

SG- "Please leave. I must ask you to leave. You cannot stay here. Please leave."

 

me- "I cannot. I've nowhere else to go. I sleep in peace."

 

SG- "Please! You cannot stay here. If you stay I will have to call the police."

 

me- "I've nowhere else to go. Do what you must."

 

SG- "Please!.. I am going to call the police." (begins to leave)

 

me- "Do what you must."

 

... after 10 minutes or so, my friends showed up an I told them what had happened. They made ready to sleep, themselves. 20 minutes later- nothing. 30 minutes later- nothing... The police did not respond- whether or not security called them, I don't know.

At 7AM a new security guard came up, friendly enough, to wake us up. I was up already. I have a feeling that tomorrow morning, if not tonight, there will be some sort of conversation with the police... we shall see...

 

in knowing that regardless of complacency of being 'common folk' everyone must know what pride is to get to the future,

 

David Arthur Johnston

 

 

St. Ann’s Academy update- Friday morning (Jan.30/ 2004)

 

-

 

Jason reported well- http://www.victoria.indymedia.org/news/2004/01/20913.php (or https://www.angelfire.com/apes/hatrackman/arrested.htm )

 

If you read it then I'll tell you that the security guard said 'Please leave. For God's sake, leave.' I replied saying 'I am here for God's sake.' He disagreed.

 

That was last Sunday night and I was released this morning, Friday, Jan. 30. I did not eat for the duration, though I did drink water.

 

I entered the courtroom and sat down- the 'crown' told the judge that I didn't seem to know what was going on and that I did not recognize the authority of this court- so they released me- all charges dropped. I am going back... if not tonight (I have an idea of recuperation) it will be tomorrow night or the night after.

 

we shall see...

 

in love,

 

David Arthur Johnston

 

 

St. Ann's Academy update- intention of returning tonight (Sunday, Feb. 1)

 

-

 

I'm intending on going back to St. Ann's Academy tonight (Sunday, Feb. 1). We dumpster around 9PM and then usually off to bed. I will be going with the intent of sleeping, though if adventure pursues then it will... we shall see...

 

with perfect temperance, anticipating a mass recognition of the lie of pride,

 

David

 

PS: Being 'Groundhog Day' tomorrow, may it be near the end of the movie.

 

 

St. Ann's: I'm out and seeking redemption

 

-

 

I signed the conditions. I am to be at court on Feb.9 at 9:00AM for a 'bail hearing' (whatever that is). If I am to be in custody I will not eat.

 

May every moment bring practice.

 

love,

 

David

 

 

St. Ann's Academy update- Sunday Feb. 8

 

-

 

I have court on Monday (Feb.9) at 9:00AM... which means I get there at 9 and wait however long until they are ready for me.

 

Given a chance to speak, I will apologize to the judge (representative of the court) for signing the condition to not return back to St. Ann's. I will offer myself right there, though if I leave after court I will return to St. Ann's Monday night... (and again) we shall see...

 

in ultimate seriousness,

 

David

 

 

I was asked 'Why?' do I continue at St. Ann's.(Monday the 9th)

 

-

 

because honour is real and pride is a lie

because contentment with not knowing what pride is is hell

 

because I must- to not take responsibility for the ignorance I see would be the path of contented  laziness... the world cannot be under two masters-

 

love reigns- pride is not true, at all.

 

because 'private property' only exists in a state where people have contented themselves with not giving benefit of the doubt (because they fail to see their own perfection).

 

Can the 'now' be anything other than perfectly the 'now'?

 

in duty regardless of an apprehensive ego,

and in love,

 

David

 

 

flailing like a weak hippy (Tuesday the 10th)

 

-

 

Apparently I lack the courage of my conviction (or maybe there is something I'm supposed to do or figure out before I spend a lot of time in jail... I don't know). I signed conditions, again. I've court again (a bail hearing- where I'm expected to say guilty or not guilty- if I say anything at all it will be 'not guilty') on Friday the 13 (ha). There will be a trial sometime after- we will see what happens.

 

Is it not obvious that the NAZIs are trying to take over the world? Is it not obvious that to prevent that we should be of a mind where we would rather die than content ourselves with a world of total slavery?

 

So I ask- Is not pride a sin? Do taxes not support pride?

 

As it stands the police are more concerned with keeping 'order' than being 'just'- this is where their concern should be- that regardless of complacency they would do more good by quitting their jobs and living on the street, being true knights of honour.

 

... and to Peter Gill- regardless of hypocrisy, pride is a lie- the 'now' can only be the 'now'- anything that comes from you comes from the experiences that made you--- may we all gain the courage to see and move toward our highest potential. I am saying that there is no 'private property' (though there is respect... the first disrespect being a denial of one's own perfection). I am saying that taxes/money must stop. I am saying that what some would call 'Heaven-on-Earth' is at hand.

 

in the face of infinity may we all remember patience,

 

David

 

 

St. Ann's update- Friday the 13th

 

-

 

The judge dropped the breach charge. I do not see myself considering going back to St. Ann's until the trial- which happens on March 25 with a plea of 'not-guilty'. I look forward to articulating what I would see as 'justice'.

 

Essentially, there will have to be a ruling on the 'right to sleep' for me to be released, lest I continue to sleep illegally. I will not accept any punishment beyond not eating as long as I am in custody. The only thing I've have apparently lacked on is signing the condition in the first place, though I have, and I intend on honouring it.

 

in yahoo,

 

David

 

 

St. Ann's Academy update- Friday, March 5th.

 

-

 

Hello.

 

   This morning I went to court to confirm the trial which happens on March 25 at 10:00AM in courtroom 102. The 'crown' stayed the proceedings on the 'Assault by Trespass' charge and are going to press the 'Obstruction of Justice' charge.

 

   I was really quite flustered at this game. I was looking forward to defending myself from the assault charge- though, with consideration, I will still be pleading 'not-guilty' of obstruction of justice. So, essentially, everything is still the same. There will still have to be a ruling for me to be released. The 'crown' will recognize pride as a lie; will recognize the illegality of being discompassionate; will recognize that compassion does supersede 'private property' and in doing so will set high precedence- every municipality will endorse and establish tent cities within walking distance of their downtown cores; every municipality will recognize the emergent state that has been created because of a dependency on ignorance (the emergent state that will exist when money is no longer used)...... or the 'crown' will pretend great offence and put me in jail, where I will not eat and eventually die (even if I am to be strapped down with tubes in me). Then there will be a revolt; and the people will see the lie of pride and no longer support it- not because someone they greatly loved has suffered, but because there will be a forced consideration of truth- that if you pay taxes, you are a NAZI. Then we remember that there is no trauma we cannot face and do the things necessary to actualize our potential as beings that know love and exist within infinity.

 

   Here's to trusting in our own inspirations, regardless of preconceptions.

 

in absolutely no control,

 

David Arthur Johnston

 

 

St. Ann's update- on the radio

 

-

 

Hello all. I'm going to be on the radio- coming at you from the basement of the Victoria Student Union building on CKUV. Thursday at 1:00 PM. I'm probably going to read a thing or two and babble a bit about not using money and the street situation in Victoria and the world.

 

They may have a 'streaming audio' thingy through the internet... I don't know... (actually, I do know- http://cfuv.uvic.ca ).

 

May I not make too much of an ass of myself.

 

love,

 

David

 

 

St. Ann's update- March 25, 2004

 

-

 

The 'crown' stayed the proceedings (meaning all charges dropped and all conditions nulled) on the obstruction charge. I'm going back to St. Ann's Academy tonight with the intent of sleeping.

 

May we all rest well.

 

David

 

 

St. Ann's update- Thursday night (Mar. 25/2004)

 

-

 

Slept peacefully for about 5 hours, though the anticipation of continuing my conversation with the 'crown' keeps me popping out and checking for flashlights.

 

The interesting part is that all parties know I am there, yet they do not seem to want to press the matter- it's almost like they think that this action may garner attention towards their inadequacy.

 

They (me, who doesn't know it's me, yet) will justify their laziness by suggesting visions of a tent city turned slum where crime and needles run rampant (I would suggest that this is a vision of current day Victoria), though really, the apprehension of a tent city is because once people see that they don't have to pay rent anymore, they won't.

 

Personally, when freedom is actualized, I trust that there will be much greenery (food planted everywhere). I trust that the residents will spend much time letting love inspire. There will be parties. Is not freedom a thing to celebrate? Efficiency and practicality will reign, not because people are ordered around and made to 'work', but because of people's passion for happiness... and that is just the beginning. I trust that many, contented with their own laziness, will pretend great offence that people are not under the same yolks they are, and they will be spiteful (though, tent cities get practice and the spite finds that it has no power at all).

 

So, back again tonight...

 

beautiful beautifuls, beautifuls

 

love,

 

me

 

 

St. Ann's update- Friday night (March 26)

 

-

 

Very tired last night. Crashed under a tree about 11:15PM- feeling confident about the ease of what I'm doing. This whole 'getting arrested' thing could be described as making an appointment with the Queen... at least the only way, as of yet, that I can see light at the end of the tunnel.

 

About 1:15AM a familiar security dude came and we went through the process. We say hello. He asks me to go. I tell him no. He calls the police. The police come and do not show signs of wanting to do any arresting... lots of swearing on their part and something about 'dragging me by my fucking beard'. They physically grab me without any arrest and throw me into the back of their car. The security dude offered to make a statement but the police said not to bother. They drove me to the police station on Caledonia and dropped me off out front then drove away. I started back to St. Ann's. Had a smoke. Then went to report to friends at another spot and slept there instead of St. Ann's (apparently my exhaustion got the best of me). Going back tonight, of course.

 

We will see...

 

love,

 

me

 

 

St. Ann's update- Saturday night (March 27)

 

-

 

Interesting.

 

Security found us sitting on a bench- asked us to go- we didn't- he called the police- still sitting on bench we watch police walk through a part of the property with flashlights- they did not see us out in the open- police left- security comes back out and finds me in usual spot- I ask if the police are coming- he says he didn't think so- he goes back to call again- police come- very polite (first name introductions) - they were going to arrest me- then suggested I wait for Sunday night so as to not spend a day in jail waiting for court- seemed reasonable- left and got some sleep- going back tonight knowing that the police are expecting me for sure.

 

I'll be charged with assault by trespass and be given either a trial date (probably a month or two away) or there will be something like a 'bail hearing' scheduled where the trial date is set. I will sign conditions not to go back to St. Ann's- when the trial happens those conditions will become nullified... and, of course, I will be pleading not guilty and suggesting what I see as justice, which will include a ruling on the 'right to sleep', which (in some way or another) will lead to an order to the province and/or city to allow and endorse a permanent tent-city/free-living-space within walking distance from downtown...

 

I presume that we shall see...

 

in budo,

 

David Arthur Johnston

 

 

St. Ann's update- Sunday night (March 28)

 

-

 

All very polite and good and open about reason.

 

About 3:30AM security dude came- then police- I was arrested for contravening the 'Properties Control and Management Bylaw No. 416(2)'.

 

I will be attending court on April 30th, 2004, at 9:00AM in courtroom 126 with a plea of 'not-guilty'. Hopefully, my adamance will be seen and they (the 'crown') will not play the game of 'staying the proceedings' right beforehand- though it doesn't really matter if they do. Patience is good.

 

in having no sympathy for the want of money,

 

David Arthur Johnston

 

PS: Mr. G, you are very cool. Highest blessings and inspiration to you. Travel well, in this game called life.

 

PPS: Post Script for St. Ann's update- Sunday night (March 28)

 

-

 

I'm under the impression that they did not have me sign any conditions because you can't do that with a 'bylaw'. I'm under the impression that all they can do with a bylaw is give a ticket, which I would not pay, anyway. I'm under the impression that I'm going back tonight.

 

and again and still, we shall see...

 

me

 

 

St. Ann's update- Monday night (Mar. 29)

 

-

 

ok

 

Same deal as usual to start- usual security dude- police come- make an arrest for 'Assault by Trespass'- take me to the station- try to get me to sign a condition saying that I would not sleep on ANY private property in Victoria (there is no public property)- I refused to sign because of that- they hold me over night- go to the courthouse in the morning- I let duty council know that I would now sign the conditions (thinking that I would simply make due/go camping (or something) until trial would take place- I nap in cells for 2-3 hours- they come in and tell me the charge was dropped- they release me... can anyone say 'political maneuvering'?

 

What is going to happen next? In trying to avoid giving me my day in court, what will they do? I conject that they've passed the idea of psychiatric examination a little bit... who knows?

 

I see myself going back tonight- may the police come to see that it is the 'crown' that is 'dicking' around, but then, who knows?

 

We shall see...

 

in work,

 

David Arthur Johnston

 

 

St. Ann's update- Tuesday night (March 30)

 

-

 

Arrested for 'Breach of the Peace' about 12:30 AM last night. They put me in a bedless cell and released me about 8:00 AM this morning. No conditions.

 

We'll see what happens tonight. Feels like a strange game of wills. The art of winning entails embracing the 'mind and heart of the divine', knowing that one has already won. Patience is key.

 

in endurance,

 

David

 

 

St. Ann's update- Wednesday night (March 31)

 

-

 

About 11:00 PM I was arrested for 'breaching the peace' (no ticket, no fingerprinting) again. Then released about 5:30 AM.

 

The security company manager came to find out what was going on and we had a good communication. It becomes obvious that the 'crown' is afraid of what I represent... they are adamant about not charging me with 'assault by trespass'. Patience remains key as the process unfolds. It seems I'm offering contrast- humility in a world of pride. I wonder if my dreams will come true soon- that police are going to have their demons exorcised.

 

We'll see what happens tonight- I guess the 'crown' is hoping that they can wear me down- though as this continues they will find that I've no other purpose then to represent freedom.

 

We shall see...

 

in infinity,

 

me

 

 

St. Ann's update- Thursday night (April 1)

 

-

 

Peace be with you.

 

Around 4:00AM security dude showed up- called police- 4 cars and a paddy wagon pull up- they all get out and huddle with security dude- all go back to their vehicles saying 'have a good night' and 'sleep well'- all leave- I go back to bed- about 6:15AM St. Ann's security dude comes up- friendly- we chat- he offers a smoke- I'm up now, so I say good morning and we start our days.

 

?

 

ok

 

We'll see where this goes- onward to tonight...

 

in strange adventure,

 

David Arthur Johnston

 

 

St. Ann's update- Friday night (April 2)

 

-

 

No interruptions (except for a friend I hadn't seen in 3 years showing up about midnight). Woke about 6:30AM- packed sleeping bag- saw St. Ann's security dudes off in distance- they wished me a good morning...

 

This is fun, in an adventurous sort of way. I would imagine things will escalate again when more people see that they can get some sleep there- then arrests will start again (though probably not 'Assault by Trespass'- at least not right away). All the while I'm still doing the other job, which is the articulating the idea of freedom through truth- the truth being that the 'now' is perfect and everything in it, as well. When we come to remember our perfection we move away from being motivated by fear. Then the 'tent-cities' bloom and the gardens grow.

 

in remembrance of freedom,

 

David

 

 

St. Ann's update- Saturday & Sunday nights (April 3 & 4)

 

-

 

Amusing.

 

Both nights are essentially the same- security dude comes- asks me to go- I say no- he says 'alright, have a good night' and leaves.

 

Soon, they will stop waking me up or they will get around to charging me- either way, the game is mine. There is nothing they can do to me that doesn't reveal their intent.

 

in freedom,

 

David Arthur Johnston

 

 

St. Ann's update- Monday night (April 5/ 2004)

 

-

 

Same as the last couple of nights- security dude comes- says 'gotta go'- I say 'no'- he says 'alright, have a good night'. Tonight I think I will mention something about 'please not waking me up, because if you didn't want me here all you have to do is charge me with 'Assault by Trespass'. It's interesting- it becomes more and more obvious, in this prolonging of 'limbo', that honour and justice are not being served- that those pretending authority, the longer they wait, are not being righteous in their 'political maneuvering'. This continues and people are going to start seeing the absurdity of their jobs.

 

I would suggest charging me (give me a trial and I will sign a condition not to back to St. Ann's) or let me be- do not wait for me to crack, because it doesn't take a lot of mental stability to sleep- and if you are waiting for me to crack that just shows that you are not performing the duties of your positions with any professionalism.

 

The warriors begin to awaken. The illusion becomes obvious. Fear is lazy.

 

love,

 

David

 

 

St. Ann's update- Tuesday night (April 6)

 

-

 

Same as usual- 'gotta go'- 'no'- 'alright, have a good night'- I forgave him and asked if he would like to be on the update list- he said no.

 

Saw raccoons doing it, making sweet love.

 

have good days

 

me

 

... onward to tonight...

 

 

St. Ann's update- Thursday (April 8/ 2004)

 

-

 

In the name of love, I claim the grounds of St. Ann's Academy (Victoria, BC, Canada) as my home and will treat it as such as I am inspired to.

 

May any who would will, make it their home as well.

 

in welcome,

 

David 

 

PS: Only in the deception of others would people disturb me. The unwillingness to let me have my day in court only reveals the worthiness of the 'crown'; displaying it's lack of authority. In their confusion, the security dudes may, for a while, think it

necessary to attempt to fulfill their contracts by 'officially' asking people to leave, though when the people do not respond, 'security' will just leave anyway. The police may arrest for 'breach of peace' all they want, though for someone to sign conditions to not go back they have to have an 'indictable' offence- which means they must arrest for 'Assault by Trespass'. Which means 'my day in court'. The 'crown' does not wish for me to get my day in court- for they see a disturbing possible future- that the province be ordered to wholeheartedly endorse a 'free-space'/tent city, within walking distance of downtown. They also see that if the court does not recognize the 'right to sleep' that it will effectively strip it of any perceived authority in the eyes of any that see this course of events. I've suggested it before- imagine being the judge that says we all must pay to dream.

 

However bold or 'cheese-ily' it sounds- there will be freedom, live or die, there will be freedom.

 

David

 

 

St. Ann's update- Thursday night and Friday night (April 8th and 9th)

 

-

 

Hello.

 

I've been left alone these last couple of nights. So, regardless, of where this goes or how long it takes, I have a place to sleep while I perform my day job (suggesting that patience is stronger than fear).

 

Though, have no doubt, more people sleeping there means the road to freedom gets travelled faster. Help would be nice. I'm the only one that needs to get arrested if that is the course, though, as it stands, maybe we can skip that part and just go right into the 'established tent-city' part.

 

anyhoo...

 

we shall see...

 

for love,

 

me

 

David Arthur Johnston

 

 

St. Ann's update- Tuesday (April 13th/ 2004)

 

-

 

'tent city' = freedom

 

Same old routine- security guy came Sunday night- I forgave him for waking me- he went away... Saturday and Monday nights were without interruption.

 

I'm currently looking for a mailbox (maybe more than one) to put at the entrance closest to where I sleep.

 

in knowing fear is lazy,

 

me

 

David Arthur Johnston

 

 

St. Ann's update- freedom

 

-

 

Courage is simple.

 

Truth is simple- it only appears deep or daunting because of the lies placed on top.

 

You are. Being is easy. Give no concern to 'trying' or 'doing' because you can't do these things, anyway. Being 'here now' one realizes fearlessness and can more readily move toward their happiness- and I have no doubt that, however individual we would see ourselves, all of our happinesses are rooted in the same thing- love. So, have patience and remember that we stress only because of our preconceptions of how things 'should' be- when, in fact, everything is always unavoidably perfect.

 

It is a grand consideration, though true- a 'tent-city' is Heaven's stand.

 

in honour,

 

David Arthur Johnston

 

 

St. Ann's update- Thursday (April 15)

 

-

 

OK

 

I'm going to start only doing the updates on a weekly basis, unless, of course, something significant happens.

 

The security dude confirmed my suspicions (sp?) that the 'crown' has actually been inspired to not have me arrested me for 'Assault by Trespass'. Is this 'illegal' in itself? I don't know.

 

Anyhoo, the 'now' remains perfect. May there be funky inspiration all around.

 

I'm still looking for a mailbox.

 

in security,

 

me

 

David

 

 

St. Ann's update- an address

 

-

 

D.A. Johnston

835 Humboldt Street, NW corner

Victoria, British Columbia

V8W 1A2

Canada

 

The mailbox is on the NW corner entrance to the grounds (as of tonight- April 15th).

 

love,

 

me

 

 

St. Ann's update- Friday (April 16)

 

-

 

Significant? Whatever.

 

I guess the plan is to torture me into compliance... and I'm in the market for a new mailbox.

 

Arrested again last night for 'Breach of the Peace'. Released this morning (about 8:15AM).

 

We'll see what happens tonight.

 

love,

 

me

 

David Arthur Johnston

 

 

A letter to St. Ann's, the PCC and the 'crown'.

 

-

 

Hello.

 

There will be a tent city, soon, and all corruption will be made accountable.

 

The root is- as long as one contents themself with not knowing the deception of pride they have no authority (the deception being that pride ignores the fact that you are your experience- A.K.A. that, as a matter of fact, you ARE perfect and there is no excuse for fear or anger).

 

I would play the game of going to trial if someone would arrest me for 'Assault by Trespass', though there seems to be some apprehension on this course. You (pretended opponents of a tent city) say that what I propose is impossible, though you are the ones acting without any professionalism. If you would be true to the duty of your jobs you would get me a trial, post-haste. The continued stalling only strengthens the obviousness of your unrighteous position. You may want to continue playing the game of harassment (please do, if you will) though you will find it will get you nowhere. I will return and return and return.

 

I've no other course. Freedom is my master, until I die.

 

Do not fear the fact that a tent-city spells the end of money. Truth is- Heaven on Earth is real and there is no trauma we cannot face.

 

in the exodus from pride to humility,

 

David Arthur Johnston

 

 

St. Ann's update- Sunday (April 18)

 

-

 

There was no interruption last night. I'm under the impression that the next time 'they' act that they will have an idea of what to do. I sent that last letter ( http://www.victoria.indymedia.org/news/2004/04/24760.php ) to the Attorney General of BC, hopefully it will have gotten through.

 

I will start only doing the updates every 2-3 days, though if 4-5 days pass I would imagine something is up.

 

have good adventures

 

me

 

David Arthur Johnston

 

 

St. Ann's update- (April 21/ 2004)

 

-

 

Hello.

 

Uneventful, really. The security dude comes at night says 'go'- I say 'no'- he says 'well, have a good night' and leaves.

 

*

Ending Babylon 101

 

Step #1: Have nothing better to do.

Step #2: Stop paying tribute, at all costs.

Step #3: Have patience.

Step #4: Have more patience.

Step #5: Stand, in the name of love.

Step #6: Understand that tent cities are the gates to Heaven-on-Earth.

Step #7: Understand that our unavoidable nature is to perpetually follow our inspiration and, that being so, to not fear (then trust that when we are moving fearlessly we move more practically towards our true happiness).

Step #8: Consider that the TV age is about to switch over to an age of honour and valiance, where we understand that rage cannot be justified.

Step #9: Meditate on patience.

Step #10: Understand that there is no 'evil' and that you cannot die, so there need not be any apprehension (because we can only ever do the best we can with what we got), nor does resentment have to exist (for anyone, however ignorant or brutal, can only be their experience- so may we shine with humility so as to be a new experience for the proud).

Step #11: Understand that desire cannot be truly appreciated if responsibility is ignored (and that your responsibility is for nothing more than your own happiness- trusting that each individual happiness is rooted in the happiness of the whole).

Step #12: Understand that in patience is all wisdom, for whoever, whatever and whenever.

Step #13: Be very happy.

Step #14: Understand that it is pride that is the lie (pride ignores the fact that you can only be your experience) and move accordingly.

 

love,

 

David Arthur Johnston

 

 

St. Ann's update- Friday (April 23)

 

-

 

ok...

 

1st- police pepper sprayed a medium small dog for running at them and barking, this morning.

 

2nd- about 11:30PM I arrived at my sleepspot to find a security dude waiting for me- his instructions were to not let me sleep- we just finished chatting this morning at 7:00AM--- his boss showed up a couple times through the night to check up- on one of those times I reminded of the simplicity and expediency of arresting me for 'Assault by Trespass'- he said 'orders came from high up' not to arrest me, but to torture me into submission. The dude that I talked to all night recognized the f**ked up situation, though he was of a mind to do his job perfectly- we had some pretty funky dialogue, actually, and, of course, I forgave him.

 

we'll see what happens tonight... I wonder if it will get to a point where I am so sleep deprived that I will nod off at every opportunity, only to have a flashlight shoved in my face and a loud voice saying 'sorry dave, I can't let you sleep'- we shall see, we shall see...

 

love,

 

me

 

 

St. Ann's update- Saturday (April 24)

 

-

 

Got woken up about midnight- a new security dude with the instruction to not let me sleep. We chatted for a while (about an hour) and maybe he saw the latent corruption of his order. He's just trying to do his job but he is seeing that his bosses are not playing nice. In an effort to find some righteousness the dude let me sleep for a couple hours before he woke me again, then I went right back to sleep- and was woken by the St. Ann's security dude about 6AM (he talks fast- and is also seeing the laziness of his bosses)- he said he needed to hear me say 'I'm going'- I said 'I'm going to the bathroom'- he went- I peed then went back to sleep for another hour and a half.

 

on the road to freedom,

 

David Arthur Johnston

 

 

St. Ann's update- Monday (April 26)

 

-

 

Saturday night- in bed by 1-ish- dude comes- wakes me for a moment and leaves- building security wakes me at 6, tells me just to say 'I'm going'- I say I don't know what I'm going to be doing in 5 seconds- he says he will report that I said that I'm going- I go back to bed and wake at about 9:00 AM.

 

Sunday night- in bed by 11PM- the dude from the first 'let's keep David up all night in an effort to subdue him through torture instead of simply arresting him' night gets there not long after- I move all my bedding to the entrance to the building of St. Ann's where the building security dude has his office- I sit- the St. Ann's security dude calls the police- they come and take my blankets and flutes and leave me sitting cold (no tickets, no badge numbers)- I lay back down again (sans warmth) only to have the first security dude shine a bright light in my eyes for a while--- lots of talk and confusion from the building security guy (he sympathizes, somewhat, with my plight, or more, he sees that his bosses are crazy)- it becomes obvious to most parties that the ones in the wrong are those giving instruction to security- for they continue to refuse to arrest me in the hopes that they can harass me into leaving before their inadequacy can be revealed- though, they are really flailing harshly- they were, without a doubt, revealed when they started specifically hiring guys to sit with me all night to annoy me and not let me sleep, instead of following the path of prudence and professionalism by doing the duty of their jobs- which is to arrest me.--- the 'keep me awake' security dude reminded me that he was being nice this morning by allowing me to have a couple of hours sleep- I was up and cold by 5:30 AM.

 

We will see what happens tonight...

 

in love,

 

David

 

PS: Dear security dudes,

 

I would have this process be as quick and efficient as possible, though I'm inspired to remind you that love determines justice, not money/'government'... and that there are more important things than 'putting food on the table'.

 

in honour (which is the 'water of life'),

 

David Arthur Johnston

 

 

St. Ann's update- Tuesday (April 27)

 

-

 

I'm tired, yet sure. One security dude (running on a long built up 'belief in a lie' thought loop A.K.A. playing a game of pretending psychotic behaviour) suggested that I expedite the process by attacking him, physically. When all your training is based around fear and anger motivation, what do you do when you come in conflict with one who does not fear or rage? You consider more...

 

in wanting truth most and in the comfort of patience,

 

David

 

 

St. Ann's update- Thursday (April 29)

 

-

 

I woke this morning feeling dejected. Last night I was laying on the outside stage floor (really pretty- in the back yard behind the chapel- good bird and sunrise action in the morning) when dude comes to 'do his job'. I was very tired- I had a smoke- and I went to sleep illegally somewhere else where I could actually sleep. It occurred to me, though, that since the game has gotten to the point of them breaking their own rules that I must adjust- that being, it becomes a game of how long can I justify these security guard's jobs?

 

I had a vision of St. Ann's being my ball and chain- I can do this indefinitely (go a few days until I am to collapse with fatigue- take a day off to sleep- then go back- repeat)- though, in the meantime, if I cross paths with a lawyer I may be curious to find out about the process of charging the PCC, the 'crown' and the security companies with charter infringement- instead of allowing me 'due process' they have resorted to torture... and also, in the meantime, I continue my day job- which is to sit down at the lower Causeway with a sign that says 'you only follow inspiration (you don't make choices) / Patience.'

 

I was also thinking of taking a few hours with a sign that says 'Journal of the Occupation of St. Ann's Academy- https://www.angelfire.com/apes/hatrackman/welcome.htm ' and welcoming all the building occupants at the door... that may be a bit cheesy, though... we will see where my inspiration will lead...

 

in the unavoidable pull into the future,

 

David Arthur Johnston

 

 

St. Ann's update- Monday (May 3)

 

-

 

The libraries in Victoria went on strike Friday morning.

 

Business as usual at St. Ann's. I've been getting sleep there (not a lot). My dude didn't find me until 5:30AM one morning- then I missed a night (but a report from building security says that my dude didn't really look for me, anyway- then last night building security woke me at 5:30AM thinking that my dude was going to be with me because he saw him earlier.

 

I've been figuring that if this goes on for a while (maybe like 4 weeks, or something) people may start wondering why their 'tax dollars' are being spent to ignore the duty of giving me 'due process' (it's been about 7 or 8 days at 8 hours a day- what do security guards get paid, anyway?)- though, I'm all over sapping all the time I can out of all of the institutions that pretend to hinder me. I would 'waste' all of the taxpayers 'hard earned money', if I could; I would garner the attention of all security guards and police, so that they could not do anything else- may they have considerations of patience before they continue to rape me.

 

in a moment of highest seriousness,

 

David Arthur Johnston

 

 

St. Ann's update- Wednesday (May 5/ 2004)

 

-

 

Monday night- got a bit of sleep (about 4 hours).

 

Tuesday night- I'm in the gazebo/pavilion behind the chapel- 11PM the dude comes- 7AM dude leaves- it was 8 hours of me half asleep under my blanket with security dude with the radio loud, foot stomping, clapping hands, flashlight on my head- repeating over and over 'don't be falling asleep on me, mister Johnston' and 'if you would just attack one of us the process would be expedited, mister Johnston'... there was a lot of attempts at anger motivation through insults and put-downs- I kept quiet mostly, except for an 'I forgive you' halfway through the night and a 'have a good morning David (the security dude's name)' when he was leaving... needless to say, I'm tired...

 

It's been since Thursday, April 22 that I've had my own security dudes (about 12 or 13 days, so far)- How much do security dudes get paid anyway? For estimation's sake I'll say $10--- 8 hour shifts--- 13 days= $1040 so far of tax payer's money...

 

we'll see what happens tonight...

 

in love,

 

David Arthur Johnston

 

 

St. Ann's update- Friday (May 7/ 2004)

 

-

 

OK- Wednesday I found some sleep elsewhere.

 

Thursday- Got to my bed (the gazebo behind the chapel) about 1:00 AM- the nice security dude found me about 1:30 AM- we chatted for a bit, then I fell asleep, being woken up a couple of times. The building security guy found us at about 6:00AM and, in a fluster, berated me, telling me to go- threatening to call the police- so, of course, I just stayed (sort of knowing that he had no intention, though wishing he did)- my security dude finished his shift at 7 and the building dude came back out about 15 minutes later- started with the berating, though, it seemed he began to empathize a bit with my position (there was a moment of clarity where it became obvious that it was his bosses playing a game of corruption)... Also, to note, my security dude let me know that he found someone else in a sleeping bag over where I first started sleeping (by the NW corner)- apparently it was a friend of mine- he left when told to go--- though this keeps up and there should be a few people helping out, in no time.

 

It was also pleasant having tea and a blanket waiting for me when I got there- apparently, there are those who desire gentleness in the world- though, they, like many, are caught up in the craziness of trying to maintain their lives within a world that tries to content itself with a lie--- we can only do what we can, and it is a beautiful adventure where we each get to be the hero of our own movie- may we accept all consequence gracefully- may we move so we do not have to accept the things we do not desire (though, even if things happen that we do not want to happen, may we accept those as a part of the glorious dance and learn from them).

 

I'm going to try to revamp the Journal today... we'll see...

 

we shall see...

 

in acceptance and fearlessness,

 

David

 

PS: Dear security dudes,

 

I hope you can get over the apprehension of my existence there and not worry about taking anything personally- if you are going to do your duty, then do it, otherwise do not play games of anger and fear motivation because they are not going to work- you only fluster yourselves. May this chapter soon come to a close- then on to the next chapter- 'The Great Revolt and the Occupation of the Building, Itself.'

 

in the reality of the generally perceived notion of 'Heaven-on-Earth',

in the reality of freedom,

 

me

 

 

Letter to the B.C. Civil Liberties Association

 

-

 

RE: on attaining freedom

 

Hello. My name is David Arthur Johnston and I have been occupying the grounds of a provincially 'owned' property for a few months now. It started as an attempt to get arrested for 'Assault by Trespass' so I could challenge it in court (so I could get a ruling on the 'right to sleep' or have a judge officially say that everyone must 'pay to dream' (and send me to prison, where I would not eat). The fun part is- the crown knows of my intent and does not want me to get in front of a judge- they've told the police and the PCC (Provincial Capital Commission), and the security guards of St. Ann's Academy that they will not prosecute me- so, in lieu of that- they've hired a security guard to, nightly for an 8 hour shift (from 11PM-7AM), not let me sleep. Essentially, instead of acknowledging my right to 'due process', they've resorted to torture.

 

I know I am the one going there, yet they are the one's not arresting me- instead they stand above me for 8 hours and stomp their feet, clap their hands, play a radio very loud inches away from my head, shine a flashlight on my head and suggest things like 'If you would just hit one of us, mister Johnston, you would expedite the process.'

 

I've been keeping a journal at- https://www.angelfire.com/apes/hatrackman/welcome.htm 

 

... at a quick glance, I would suggest reading the last week, or so as well as the initial entry.

 

Just though I would let you know what's going on, over here on the island.

 

in justice,

 

David Arthur Johnston

 

 

St. Ann's update- Monday (May 10)

 

-

 

Alrighty...

 

Friday night- I took it off to get some sleep.

 

Saturday night- Got to the gazebo about 10:00 PM- was woken up at about 12:00 AM by the building security guard- he was wondering where the 'keep David awake' dude was- I hadn't seen him yet and said so- he went back inside, wishing me a good night- I fell back asleep and did not wake until just before 7 AM with no interruptions- dude didn't show.

 

Sunday night- Got to bed about 11:00 PM- had to pee at about (guessing) about 2 AM- peed- went back to bed- less than 15 minutes later- 'stomp-stomp-stomp'- a couple of security dudes pretending to be an intimidating force (trying to grab my focus/spirit in an attempt to manipulate me... I confess- I swore, only once, though)- they called the police (apparently they were quite offended that I had a futon)- I heard the squawk of the radio and realized police were here- I put on my sandals and pick up my drum- they told me to put down the drum, as they were about to cuff me (I hope the drum finds itself in good hands)- police arrested me for a 'breach of condition'- fingerprinted- locked in cell until about 8:30 AM- taken to court- talked to duty council- I told him that I was arrested for 'breaching a condition' for a charge that had been dropped- he said that didn't make any sense- another half an hour and I was released- charge cleared up and dropped.

 

yup...

 

also, apparently, I've heard a rumor that the 'crown' is going to attempt to find people that know me to sign an affidavit so they can commit me to the Eric Martin Pavilion (the local 'crazy-house') to have a 'psychological examination'... that would be interesting, I'm sure... custody is custody.

 

ok

 

love you all,

 

David

 

 

St. Ann’s update- Non-denominational Hippy Propaganda

 

How Do I Stop Using Money?

 

-

 

I just rather be dead than use money- I don't worry about owning anything, which is funny because once you are of that mind you find that whatever you need is in front of you when you need it. I survive by the 'grace of God'- good karma, dumpsters and wild food (many 'weeds' are food). I survive by understanding that control is an illusion (understanding fearlessness) and knowing that anything can only 'be', not 'do' or 'try'. When we are not afraid we move most efficiently towards love (which is our true self). So, the problem is- how does a whole population get to the point of trusting in sharing?- begin sharing and have infinite patience. We each find our inspirations move toward love with whatever skills or opportunities we have.

 

So, understand that if someone makes you angry that they 'control' you. Be patient in the face of all torment... and have patience with yourself because it is practice thing- and we are coming from a world that is crazy- so we, ourselves, have been infected a bit... so practice practice practice--- patience patience patience--- and you find your thoughts being efficient towards your own happiness- we define what makes us sad and we deal with it------ what is happening in the world right now is like God cramming for a final exam- it gets very hectic, though we pull through- it is a thought that saves us... how fast can a thought travel?--- patience (the root of wisdom).

 

love,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday (May 12/ 2004)

 

-

 

Good morning.

 

Monday night- there were no interruptions until about 6:00 AM when the building security guy came out- I guess he has been instructed to sit with me until I leave in the morning. I slept for about another hour.

 

Tuesday night- I was joined by a friend, though he had no cardboard and was not very comfortable so he left in the middle of the night to get some sleep. Not long after he left my security dude showed up with the police- they arrested me- took me to cells- released me at about 4:00 AM (though, they said it was 7:30 when they woke me--- has it occurred to many that the perception that a lot of people have of the police is that they are liars and thieves?--- that might be indicative of something...)- I went back to St. Ann's- got a couple more hours sleep- 6:00 AM building security shows up- I sleep until about 7- he says something about moving along so he can continue his job- I told him I had no sympathy for him because his current job description has him violating me (also he mentioned that the 'old women' that work in the building were apprehensive about my being there- I told him that that was their problem... may how to presume innocence become obvious to the staff of St. Ann's)--- a friend (not the one that started sleeping there) came along a path close to the pavilion and I got up and came into town with him.

 

yup... so, I'm tired... and I need to brush my teeth... and they keep taking my blankets, so, apparently I hope to come across one before I sleep next... I also find that I'm missing my flutes quite a bit- It's weird when something concretes itself into one's routine...

 

we shall see...

 

in the blessing of non-attachment,

 

David Arthur Johnston

 

 

St. Ann's update- Saturday (May 15/ 2004)

 

-

 

Hello.

 

Wednesday night- Meditated most of the night away in Beacon Hill Park.

 

Thursday night- tried to sleep, elsewhere.

 

Friday night- Got to St. Ann's about 10 PM. Found that my security guy is now to call the police instantly to have me removed and arrested for something that is just going to have me released in the morning. So, a regression in their strategy. I got a bit of sleep in jail and was released this morning at about 7:30AM.

 

We'll see what happens tonight...

 

in the want of genuineness,

 

David

 

PS: Dear Robert Griffith (security manager dude),

 

the following is a diatribe on why I do what I do- I suggested to you last night that it is important to know that pride is a sin- The truth is horrible and extremely intimidating, though if we are to be honourable we cannot be afraid of it (so patience is good). Pride is a sin because it ignores the fact that each of us can only be our experience- that what we would see as a 'choice' is only our experience reacting to the moment--- we don't make choices and all of existence is a predetermined play written forever ago. I would suggest that the next time you come to a moment where you think you are making a choice that you analyze the process- truth becomes obvious with a want of it.

 

the diatribe-

 

I do not use money at all, besides walking on sidewalks that have had money used as part of it's construction. I do use the Open Door and Streetlink showers on occasion- do I have an excuse to, if I am so against money... I don't know- I recognize this whole thing as a process- To be as gentle as possible while people come to their own inspirations about what to do with the insanity of the world--- the first suggestion being a consideration on why, exactly, pride is a sin, because once that is realized the reasons or what I do become obvious--- I don't believe in 'evil', though, there is laziness- people will dedicate their entire lives to justifying the lies they want to believe, instead of taking the responsibility to want truth most (want truth more than life). I suggest that we do not need roads or schools or hospitals so much that we would justify a military. I suggest that food grows on trees and that necessity supersedes luxury---determining the 'right to sleep' is the precursor to the remembrance of freedom- essentially, all parks become forfeit and the term 'illegal sleeping' becomes only a reminder of the world's game of insanity.

 

We do not get our cake and eat it too. We do not get to concern ourselves with ski vacations and Playstation 2s while ignoring the fact that we are growing food to make money and not to eat.

 

We are about to cease with the mentality that would have us feed our grandchildren to our children, at all costs--- remembering what we are we find the fearlessness needed to cure ourselves- the real old-time exodus that will see us eating lots of camas and hawthorn berries, that will see us planting food everywhere, that will see us to a time where we do not concern ourselves with fear or anger because we know we are more efficient to our happiness when we are of a mind where we are calm unto death (patient). We are about to remember that there is no such thing as 'private property' (though there is respect).

 

I ramble... I don't use money because I know what it does- I know that the perceived good it does is outweighed by the bad it ignores. I know that trusting in patience sees us through all trauma. I know I'm tired of being woken up when I'm sleeping peacefully under a tree- so I dance, and sleep in the name of justice. They will eventually arrest me and I will get a ruling on the right to sleep, or there will be a revolt where people will fearlessly no longer recognize the authority of the 'crown' or any of it's agents.

 

It is a grand consideration- though one everyone will have in the near future- the end of buying and selling and the beginning of a world of patience and sharing.

 

Patience is the root of all wisdom.

 

love,

 

me

 

 

St. Ann's update- Monday (May 17/ 2004)

 

-

 

Saturday (May 15th) night- got to the gazebo early (about 9:30 PM)- napped- building security came out to say hello- my dudes showed up at about 12:30 AM- called the police- police came- arrested me for 'Assault by Trespass' (though, at this point, I pretty much know that when we get to the police station that that will change to 'Breach of Peace', so that they can release me in the morning) they process me- put me in a cell without a mattress or blanket- I sleep a couple of hours out of the 10 I was there, and they release me at 10:30 AM.

 

Sunday night- I have never been this tired before. In the long term, my routine has been dealt quite a blow. I slept elsewhere- probably got about 9 hours (yay!).

 

we'll see what happens tonight...

 

love,

 

me

 

David Arthur Johnston

 

 

St. Ann's update- Tuesday (May 18)

 

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Hello and blessings.

 

I got to bed at around 10:00 PM- I'm guessing at around midnight my security dude came and told me the police were on their way- always wanting to expedite the process I put my blanket in my pack and sat to wait for them- 1/2 an hour went by- I went to find a cigarette- came back not long after- went back to sleep- around 5:00 AM police came- said I was under arrest- put me in the back of their paddy wagon- dropped me off outside of city limits (past the Jubilee Hospital by the Safeway- is that Oak Bay?)- took me about 40 minutes to walk back into town- stopped along the way to find some food in a dumpster- and a fellow working came out and gave me a very hot fresh out of the oven blueberry/cranberry muffin- it was good.

 

I think I'll go and visit the office of the ombudsman today, to see how much on the side of justice they are--- I'm curious to see if the people who've been assaulting me are going to 'deny deny deny'...

 

we shall see...

 

love,

 

David

 

 

St. Ann's update- Thursday (May 20/ 2004)

 

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Alrighty then...

 

Tuesday night- no interruptions until about 5:00 AM when police came- put me in cells (with a mattress, oh my)- released me at about 8:30AM. I asked the staff if 'due process' was a right- they said yes... hmmm.

 

Wednesday night- No interruptions until about 5:00 AM (again)- police come- 'arrest' me (no rights reading or anything)- cuffs on- drive out to the Town and Country Mall (about a 40 minute walk away) which is outside of city limits and drop me off- they suggested that next time they will take me out to the Malahat (a highway far out of town- maybe about 20KM away)- I suggest that they are welcome to kill me if they want- they say they don't want to).

 

Thursday morning- get on the computer at the library to find that my website has been tampered with. My main file now only scrolls down to about half of what it should, and then stops, and the same for this journal's site (which I'm attempting to remedy)--- interesting though that where I edit my stuff it doesn't allow me to save on the files that have been tampered with...? I'll see what I can do...

 

We'll see what happens tonight...

 

in drama,

 

David Arthur Johnston

 

 

St. Ann's update- riding the airwaves II (May 21/ 2004)

 

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Hello, all.

 

Apparently, I'm going to be on the radio again (CFUV 101.9 FM Victoria, BC, Canada- or streaming live from http://cfuv.uvic.ca/ ) on Thursday the 27th from 1:00 PM to 1:30 PM. I'm imagining that I'll read 'Moving Harmoniously' (maybe) and talk about the St. Ann's adventures.

 

... unless, of course, I'm walking back from Tahiti because the police dropped me off there in the morning...

 

Have good days.

 

me

 

 

St. Ann's update- Tuesday (May 25/ 2004)

 

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Hello from fatigueland.

 

Alrighty...

 

Thursday night- slept elsewhere- not illegally (got some computer work done because it seems I can do anything but update my journal, or my main site, on the computer lab computers in the back of the library).

 

Friday night- got to the gazebo about 10:30 PM- no interruptions- woke at 6:00 AM.

 

Saturday night- got to the gazebo about 10:30 PM- no interruptions- woke at 6:00 AM.

 

Sunday night- slept elsewhere, illegally.

 

Monday night- got to the gazebo about 10:00 PM- police came at around 3:00 AM- 'arrested me' (no rights readings or anything)- drove to the police station- they left me in the back of the car while they went to confer with someone inside- they came back out and we drove out to Foul Bay Road (the Safeway past the Jubilee Hospital) where I was released. Walked back into town, back to the gazebo- slept for another hour and got up just before 6:00 AM.

 

Tuesday morning- Talked to a lady at the Ombudsman's office- she said that there wasn't a lot they could do about the criminality of the situation, though she is going to do what she can- which is investigate the PCC (Provincial Capital Commission) to get their side of the story--- she also gave me the address for 'the Law Centre' so I can see if they've any advice for this situation...

 

yup...

 

in progression,

 

David Arthur Johnston

 

 

St. Ann's update- after the radio show (May 27/ 2004)

 

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I left thinking I would arrive, at least, half an hour early. I showed up at exactly 1:00- no print outs- no preparation- just jumping right on the mike. A very considerate person brought a couple copies of what I wanted half-way through the show. I read an update from the journal (the first night of the 'let's keep David awake' dudes) and the article called 'Ending Babylon 101'- so, hopefully, if people could last through my bumbling intro maybe some actually listened.

 

Janine was very cool about my 'on the spot-ness' and things flowed as naturally as they could. The half hour went by very fast. I hope I said 'patience' enough.

 

I presume I'll go back tonight. Tomorrow I'll check to see if there's been any progression with the ombudsman.

 

There is something to the idea that if you cannot hate you cannot be hated.

 

in the suggestion of trust and the want of humility, have beautiful days,

 

me,

 

David Arthur Johnston

 

PS: I didn't get a recording- so, per chance, if someone out there did- maybe I could get a hold of it to put it up on my website. Thank you.

 

 

St. Ann's update- Friday (May 28th)

 

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Straight into it, shall we? Yes, yes, quite.

 

Tuesday night- woke up at 6:00-ish- was packing up when roving security dude came by (he suggested that I must hate him by now- I told him that I did not hate). We said 'good morning' and went on our ways.

 

Wednesday night- slept elsewhere (I do not like 'sleeping elsewhere' and I feel guilt when I miss too many days- this process seems to have a way of taking care of itself- it seems I will be inspired to return 'in perpetuum' because my general happiness is dependant upon it).

 

Thursday night- in the gazebo by 9:30 PM- Building security dude came through, at a distance- I said hello- I was ignored- woke up at 6 with no interruptions.

 

Friday morning- I returned to the ombudsman's office to see if there was any progression- a letter was left for me at the front- it said something to the effect of 'the PCC is allowed take action in the maintaining of it's property'- I left a note asking 'In lieu of the 'crown' finding what I do illegal, is it within the authority of the PCC (Provincial Capital Commission) to enact their own idea of 'justice' through a campaign of fear and anger motivation and inducement of 'sleep-deprivation'?

 

The pretty thing about humility is that part of it's nature is to reveal what is not humble.

 

cheers and love,

 

me

 

David Arthur Johnston

 

 

St. Ann's update- Saturday (May 29th)

 

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Thursday night- in the gazebo by 10:00 PM- up by 6:00 AM- no interruptions.

 

Friday night- bed by 10:00 PM- up at 5:30 AM- no interruptions.

 

onward, ho!

 

me,

 

David

 

PS: a thing...

 

Love 101

 

1. Humility is good.

2. Pride is a lie.

3. Patience is the root of wisdom.

 

have good days

 

 

St. Ann's update- Monday (May 31)

 

-

 

simple

 

Saturday night- peaceful sleep- dude comes at about 5 AM- calls the police- police say they are not going to respond- dude leaves- I get another 1/2 hour sleep- then get up and go.

 

Sunday night- bed by 10:30 PM- get up at 6 AM- put bed away- comb hair- move to leave- security dude shows up- we say 'good morning' and continue our days.

 

love,

 

David

 

PS: ABSOLUTELY KEEP THE SEEDS FROM ALL OF THE FRUIT AND VEGGIES THAT YOU EAT- and let your inspiration plant them.

 

 

St. Ann's update- Wednesday (June 2)

 

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Monday night- in bed by 10:30 PM- roving security comes (guessing) about 2:30 PM- wakes me out of a 'dead' sleep- feels bad- says (paraphrasing)"sorry Dave, really sorry, go back to sleep, have a good night"- wake at 6:00 AM.

 

Tuesday night- in bed by 10:30 PM- woken up and fall back asleep not long after midnight--- strange dreams- being attacked by vampire after vampire (sort of like 'Blade')--- apparently, those who exert their ignorance will be flailing harsher and harsher (it seems)...

 

trusting in the now, there is no unachieved preconception that can make me crazy--- this is why 'Good always wins'.

 

have good days,

 

me

 

 

St. Ann's update- Friday (June 4)

 

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Wednesday night- bed by 10:30 PM- no interruptions- up with the sun.

 

Thursday night- bed by 1:00 AM- no interruptions- up at 6:30 AM.

 

yup,

 

k-later,

 

me

 

David

 

PS: Do you trust yourself to think any thought?

 

... there has never been a decision made

 

please stop thinking there has been (I am a reflection of you)

 

all people are responsible for a single persons lie- a single persons lie makes the 'whole' not fun.

 

My franticness stems from imagining the worst.

 

Love is static, regardless of desire, laziness or boredom.

 

in patience, knowing nothing matters,

 

me

 

 

St. Ann's update- Monday (June 7th)

 

-

 

Friday night- bed by 10:00- up at sun up

 

Saturday night- bed by 10:30- up at sun up

 

Sunday night- bed by 10:30- up at sun up

 

love,

 

me

 

PS: the 1,000,000,000 names of God

 

Voting is a lazy distraction. If ye be servants of truth consider that the concept known as 'pride' is inherently deceptive/delusional because it doesn't take into account the fact that everything that exists in the 'now' came to be because of every moment that came before, in infinity (A.K.A. we are our experience and what we think of as 'choice' is only our experience reacting to the 'now'). Essentially, the 'now' is perfect and to be afraid is absurd- which means that we have no excuse not to enact our ability to end an obvious and contented corruption; no excuse to not stop using money, because it fuels a lie.

 

Have patience because it means everything.

 

Keep all the seeds from all the fruits and veggies that you eat so you can plant them.

 

Stop mowing lawns.

 

Understand that love owns true fun and that to see what you are you must be humble.

 

where existentialism and reality meet,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday (June 9th)

 

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Monday night- bed by 10:30PM- 6:00 AM laying in bed having to pee,  the building security comes out and, abruptly, tells me to wake up and get going- I forgive and say good morning- she tells me if I leave anything (blanket and cardboard) that it will be taken during the day)- I get up and the roving security dude shows up (hey Robert)- has gotten noticeably more friendly (I guess over time that is to be expected). I chat and we leave to carry on our days.

 

Tuesday night- blanket and cardboard are gone from their out-of-the-way stash- I get another blanket and a padded lawn chair covering- wake at 6:30 AM- same time the building security comes, tells me to go- tells me that if I want my blanket back that I should talk to someone named Chris (female, I think)- I figure this is a way for this Chris to meet me, so maybe I'll go today and see... we shall see...

 

Hopefully the moving company has started bringing my household items that I've called for, today. Hopefully, whoever has been taking my stuff will come to understand that if you know the stuff is going to be used/retrieved from where it was left, and is taken from that spot, that it is thievery.

 

anyhoo...

 

onward to tonight...

 

love,

 

me

 

David Arthur Johnston

 

PS: this continues as it is and I could probably use a new blanket every night (if any would have any extra hanging around...)

 

PPS: Dear police- if you would like to do something about the mass growing perception that you are all thieves and liars, you could bring my flutes back to me- it would be a good first step (another first good step would be a dedication to truth and a consideration that pride is ignorance)... good luck. Love.

 

 

St. Ann's update- Saturday (June 12th)

 

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Wednesday night- chair and table and rug were made off with- bed by 10:30 PM- friend came and slept there-we woke and were gone around 6 AM.

 

Thursday night- bed by 10:30 PM- friend brought a really nice table (about 4 ft square- heavy). woke at about 6:30 AM- was a bit chilly- didn't get a lot of sleep with the thin blanket I have now.

 

Friday night- the guard gave me Cris Anderson's phone number (she's the one that asked to see me- something about getting some blankets back--- apparently, she's the PCC head manager chick for St. Ann's--- who knows, maybe there will be some resolution; being as the crown and the PCC have absolutely no credibility... maybe I'll get the keys to the chapel... maybe, in a fit of righteousness, the PCC will relinquish some of the land it holds in the name of freedom... hopefully, they won't pretend to think I'm in the wrong; though given benefit of the doubt, I trust they've the capability to consider predestiny and the sin of pride).

 

... also, reports tell that at 10:00 AM today somebody is expending a bit of energy to remove the additions to the gazebo--- maybe soon somebody will realize that I've every piece of furniture that is thrown away, at my disposal...

 

love,

 

have good days,

 

me

 

David

 

PS: Come June 28th, don't forget to not vote (you've better things to do- like not supporting ignorance and rape... taxes retard and kill... love and blessings, good luck and good inspiration).

 

 

St. Ann's update- Monday (June 14th, 2004)

 

-

 

Hello. I was wondering if anyone who receives these updates could possibly send a confirmation reply so I can get an idea of how many are getting them. It would be appreciated. Thank you.

 

Saturday night- It was rainy so I forwent the 'golden dumpster' and just went to the gazebo around 9:00 PM- I had one friend with me and another couple showed up not long after (they were all just visiting, mind you)- the building security dude comes out and freaks, a bit- somewhat rude (though understandable- all signs point to him having to quit his job if he wants to maintain any sort of integrity), not listening to a word and just threatening my friends with the police- they were planning on leaving when he got there, anyway- guard leaves- friends leave- guard comes back and I reprimand him for his lack of patience- the end of that conversation held something like 'it is sad that we do very stupid things just so we can live a little bit longer'- I got up about 7:00 AM.

 

Sunday night- bed by 9:30 PM- had a nice surprise visit with a new friend who, like me, finds the gazebo a chill place to hang- he left before security came- morning security woke me at 6:00 AM- I forgave him and wished him a good morning and went back to sleep, until 8:00 AM- a guy came out to sweep the gazebo- I wished him good morning- another friend was walking by and waited for me to put my bed away and then we left to face the day.

 

I've intention to meet with the head manager sister that works for the PCC (she manages the whole St. Ann's 'property') today, at least, see if I can set a meeting- apparently she has some blankets of mine that had gone missing... it might be interesting.

 

... also, my new mailbox is set up, coming from the south end (from Academy Close)...

 

alright,

 

existing within 100% predestiny,

 

me,

 

David

 

PS: If you vote or pay taxes you have no right to complain (AKA if you want to honour anyone you have to know that honour is rooted in truth- truth is 'all pride is a lie')... have good days.

 

 

St. Ann's update- Wednesday (June 16th)

 

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Monday night- I had met with the manager of the property of St. Ann's earlier- got a couple of my blankets back- I suggested to her that if they wanted to be rid of me that they would have to sue the 'crown' for it's lack of initiative (we'll see where that goes)- I was in bed by 10:00 PM and there were no interruptions until 6:00 AM when the building security came and woke me- I say good morning and go back to sleep for another hour and a half- I politely stash my blankets out of the way and out of view only to find that they were missing again that evening-

 

Tuesday night- sans good blankets (someone generous gave me a small fleece blanket that helped me get a couple hours sleep, anyway)- I got to bed about 11:00 PM- was waking every hour or so to shake off the cold- was laying in bed around 6:00 AM when building security came out and asked me to go- he told me about a wedding that was about to happen today at 11:00 AM--- To expedite this process I feel there will be a day soon where I will just start spending full days in the gazebo- I have little sympathy for those who would continue to ignore my suffering so they would have less work- I am the one being wronged- I am the one seeking justice--- I left my comics there and continued my day at around 7:00 AM.

 

When the people begin to realize their fearlessness do you think that they will continue to pander to a money grubbing corrupt government? I find it interesting that the mentality that thinks it can own and rent out a chapel is, exactly, the same mentality that brutally murdered Jesus. How do your grandchildren taste?

 

in fire,

 

David

 

 

St. Ann's update- Friday (June 18th)

 

-

 

If you intend to vote or continue paying taxes (every cent spent is taxed)- I forgive you for raping my mother. May your happy catalyst thoughts be inspired now.

 

How do revolutions start?- truth becomes obvious (as do lies)- fearlessness is remembered

 

I trust that all happiness leads to truth- so I support each to move towards it's happiness.

 

move well and have kick ass inspiration,

 

David

 

PS: I seem to be playing a game of 'finding a new blanket everyday'- just so you know... if you want to support freedom and have spare blankets, or any inclination to have interesting conversations with police and security guards... there seems to be opportunity--- apparently, freedom is at hand- I only wait for your consideration.

 

 

St. Ann's update- Monday (June 21st)

 

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Let's see here... last one was friday, and it in itself was more a recording of my psychosis, at the time...

 

Friday night- got to bed by 11:30ish PM- no blanket except for my small shawl to cover my feet- woke at 5:30ish AM to friends stopping for a morning visit- left at a bit after 6.

 

Saturday night- bed by midnight (no blanket again)- up at around 5:30 AM (again) to another friend stopping and visiting- went back to sleep and woke at probably around 7ish... I'm very tired by this point- not sleeping well (a bit cold)- It is interesting to note that however fatigued or frantic my ego becomes it is my desire for freedom that moves me- my routine consists of sitting down at the Causeway (the job of suggesting that there is no such thing as 'free-will') during the day and sleeping at St. Ann's during the night- it's easy, really- I'm on some sort of automatic pilot.

 

Sunday night- bed by 10:00 PM- found a blanket and looking forward to some good rest- building security comes out at around 6:00 AM- berates me- I forgive- I fall back asleep and he sits there- up around 8:00 AM- this security dude is playing a game of frustration- I tell him he has no excuse to get angry and to just do his job- he yanks my beard and throws water in my face- he lifts his hand in a want of striking me- I forgive- somebody else that works there comes to see if there is a problem- I let him know that I've been doing this for 6 months now and that there is instruction to not call the police- the security guard tells him to go inside and call the police- I pack up and put my stuff away (in the constant want of expedience and politeness)- I sit and play flute- security leaves saying the police must be on their way- I wait (15 minutes)- no sign- I leave around 8:20ish (I maybe could have waited longer, though, in my experience, the threats of the security guards can be quite empty).

 

in eternity,

 

me,

 

David

 

 

St. Ann's update- Thursday (June 24th/ 2004)

 

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Monday night- bed by 11:00-ish- up at 6:00-ish- no interruptions (they took blanket).

 

Tuesday night- ditto (they took blanket)

 

Wednesday night- found my blanket from 2 days ago in the dumpster- slept well- up at 5:30-ish.

 

I waiver in and out of the sense of high seriousness- I recognize the responsibility to 'chill', though I never forget that there is great suffering right now. Have good inspirations, everyone.

 

love,

 

me

 

PS: a reiteration- if you know the blankets (that have been stashed neatly away) are mine (and you know I've intent of using them again) it is stealing if you take them (I forgive, of course- we all can only do what we know... may we come to see that our sanity is ruled by love). Highest efficiency is fostered when there is a perpetual want of justice.

 

love

 

 

St. Ann's update- Monday (June 28th/ 2004)

 

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Since Thursday night it's been 'business as usual'. Had a 6:00 AM visit by the manager of the 'roving' security guys- apparently he's retiring (to some degree) from his job and moving to Tahiti "to go native"- he shook my hand and I wished him well. Last night (Sunday) had a new friend stay the night- there was only interruption at about 4:30-ish when the temporary nighttime security dude (the usual nighttime building security guy seems to be sick in the hospital. Have patience B- with patience there is nothing that cannot be handled). Crows were quite chatty at around 6:20 AM- we left to continue our days.

 

David

 

PS: I beg please, for your own sakes, do not vote today. Freedom cannot be voted in- it really is time for the revolution- stop paying taxes and start collecting, germinating and planting the seeds of all the good fruit that you eat.

 

PPS: Take comfort because in peace and in suffering, in life and in death, whatever will be will be.

 

in fear's fatal subsiding,

 

me

 

 

St. Ann's update- Friday (July 2nd/ 2004)

 

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Since Monday night... let's see... They have been leaving my blanket alone, which is nice, I've been getting some sleep- the routine seems to've evolved to: maybe or maybe not having a security dude walk by at around 11 or 11:30 PM, then the morning security dude coming out at 6 and sitting with me until I go (I just fall back asleep for a little most times).

 

So... when people start going really crazy because of the contented injustice of the world, they have a place to go, until then, I will wait, patiently, being me.

 

love,

 

David

 

PS: Your first name is Life and your game is 'inspiration'.

 

 

St. Ann's update- Monday (July 5th/ 2004)

 

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Friday to Sunday nights- folkfest is in town- making it to bed around 11:00 PMish (summer hours at work)- found a futon Saturday night (which was good because it was an unusually long day- a lot of watching my own thought processes as they relate to my preconceptions VS. my responsibilities... whatever the heck that's supposed to mean...)- found the futon in the dumpster by St. Ann's so I used it again last night (apparently, there is some strange association between a comfy bed and a good nights sleep...).

 

in knowing that it is knowledge of predestiny that erases fear,

 

David

 

 

St. Ann's update- Wednesday (July 7)

 

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Monday night- futon was gone. Blanket still there. Bed by 12:00 AM. Security came and read a book while I slept for a couple of hours at 6:00 AM.

 

Tuesday night- bed by 10:30 PM. Blanket and cardboard roll that has been left alone for close to a week, was taken. I got about 4-5 hours sleep with a thick layer of cardboard and my small thin shall (over my feet). I left a message on the cardboard when I left in the morning- 'May the blanket stealers seek redemption lest they invite bad karma.' and 'Dear Chris Anderson (manages St. Ann's for the PCC), What do you call people who work for NAZI's? NAZIs. Love, David PS: Sleep well.'

 

What happens when people seek truth fearlessly?

 

in beauty,

 

David

 

 

St. Ann's update- Thursday (July 8th)

 

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Wednesday night- I was at the gazebo around 10:30 PM. It was a great honour to accept the blanket that an angel offered me- may those who've been lacking consideration consider that blanket a holy thing... may they also consider that in lieu of a blanket, nests of newspaper will suffice.

 

in love's perpetual refinement,

 

David

 

 

St. Ann's update- Saturday (July 10th /2004)

 

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Thursday night- another blanket gone- I found a very large box with a removable lid- it was about 7ft by 3ft by 1 1/2 ft- very coffin-ish; we cut a window near the head- I slept well- morning security came at 6-ish and read for an hour and a half while I finished sleeping.

 

Friday night- my coffin bed was stolen- in lieu of a blanket and now the faucet has been taken off the tap I use I was inspired to sleep on the front step of the chapel (on top of the stairs by the door)- a friend brought me a blanket... my friend and I were sitting on the step, visiting, when the building security guy came and said that he would call the police if we didn't move- my friend left- police came 20 minutes later (this all going down a little after midnight)- The security guy told them the situation; that if I'm in the gazebo, by myself, he is instructed to not call the police, though now with me on the front step (in more of the public's view) he felt he should call- for a moment I was of a mind where I would go back to the gazebo, then one cop asked me how long I had been doing this- then I was inspired to not move back to the gazebo and let them do what they may--- they may-ed me over to Finlaysin Road (out of city limits)- a half hour walk later and I was back sleeping in front of the front door- there were no more interruptions and I was up by 6:00 AM----

 

I guess this might be an indicator that things are still in motion...

 

I presume I will be back at the front door tonight.

 

we shall see what happens...

 

cheers,

 

David Arthur Johnston

 

 

St. Ann's update- Monday (July 12th)

 

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Saturday night- in front, top of the stairs- had strangers stop by to say hello- roving security guy (a new one) comes- asks us to go- one stranger stayed- he calls police- leaves- new friend leaves- police do not come- I get up about 6:00 AM to start the day.

 

Sunday night- at about 12:00 AM I get a police driven tour of Dallas Road (ocean side) to a golf course (where Dallas road turns towards Oak Bay) about an hour and 15 minute walk back- I fall asleep, exhausted and blistered, on top of the stairs back at St. Ann's (Jesus's grandma's house)- get up about 6:15 AM.

 

... and I continue...

 

in knowing that the path of justice becomes obvious when one knows pride is sin,

 

David

 

 

St. Ann's update- Tuesday (July 13th)

 

-

 

Monday night- there was an outdoor sort of play/theatre-in-the-park thing going on on the grounds of St. Ann's last night- they were using 'my' staircase- so I slept in the gazebo and got some much needed sleep- no interruptions except for the morning security guy who comes out and reads well I finish sleeping- I was up by 7:00 AM.

 

There seems to be a lot of thinking going on in a lot of people's heads- it's good.

 

in thanks,

 

me

 

PS: I started a 'blog' (web log), an interactive journal, one may say... it's at- https://www.angelfire.com/apes/hatrackman/blog

 

 

St. Ann's update- Thursday (July 15th)

 

-

 

Tuesday night- stayed in the gazebo- got a new blanket- up at 7:10ish with morning security guy having sat there for about an hour, reading.

 

Wednesday night- in the gazebo- new blanket- up at around 6:30 AM with the morning security dude telling some other dude that was sitting against the shed, having a morning coffee, to go before he called the cops- dude told him 'whatever' and just stayed and the security dude came to complete my part of his shift... People go crazy when they try to justify untruths- there is no private property.

 

Have good days.

 

David

 

PS: ixnay on the logblay- it urnteyed amelay.

 

 

St. Ann's update- Saturday (July 17th)

 

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Thursday night- got to the gazebo around 10:30ish PM (with new blanket)- the gazebo and the yard seem to have almost been made for training... a 'well' maintained yard of fresh green grass, surrounded by building and hedge, a warm starry night- makes for a nice focused kata.--- security sits and reads (he gets there at 6AM) while I sleep until 7:15AMish.

 

Friday night- got to bed about 11:00 PMish (new blanket)- totally crashed (a long productive day)... I think I discerned that if ever I'm without a blanket I'll have it on my whim to take some of the police's time...

 

in .,

 

David

 

PS: Promote 'predestiny' because it is true and in it is knowledge of self (which is a fearless thing)... to the apprehensive I would suggest trying to make a 'choice' that isn't the result of their experience (the impossibility of a random choice becomes obvious).

 

cheers

 

 

St. Ann's update- Monday (July 19th)

 

-

 

Saturday night- blanket was still there- in bed by 11:00 PM- up by 8:00 AM.

 

Sunday night- (new blanket- if they take this one I may very well be talking to police tonight- it's interesting to know that if they really do want justice that they really do have to risk losing their jobs)- in bed by 10:30 PM- morning security comes at 6:30-ish and I get up about 7:15 AM.

 

I didn't know I would be doing this, a year ago. May this 'ball and chain' not be a lifetime adventure.

 

cheers,

 

David

 

PS: shameless indoctrination...

 

the mystery of God

 

-

 

we exist within an infinite medium- a system within a system within a system- formula upon formula, with an allowance to expand or contract exponentially, all leading from the source of all motion, which has no beginning

 

God is a dream where he gets to pretend he's lucid. God is a play, performed perfectly, forever.

 

you are the authority... 'mastery of self' is knowledge of 'self'- there is no control

 

love

 

 

St. Ann's update- Thursday (July 22nd)

 

-

 

Hello. I trust all are well, even those who would disagree.

 

Monday night- new blanket- bed inbetween 10 and 11 PM- up around 7:30 with security dude reading his book.

 

Tuesday night- new blanket- same as last.

 

Wednesday night- new blanket- in bed by 12AM- up at 7:10ish AM with some fellow walking hard on the steps... the security dude asks him what he's doing and he replies that he is hired by the landlords (the PCC) to pick up my debris (SP?)... I say something like 'oh. You're the blanket-stealer' he said yes, went away saying he'll be back later--- I left him a note telling him that I forgave him.

 

in knowing all joy leads to truth,

 

David

 

 

St. Ann's update- Monday (July 26th/ 2004)

 

-

 

Thursday (22nd) night to Sunday (25th) night- 2 blankets and a futon used then found in the dumpster and used again. Saturday night was Luminara (a very quaint night in the park with 4-5000ish people many of who have lanterns of all different shapes and sizes... with lots of little events every which where) and it initiates at St. Ann's, so I had a few people over Saturday early evening- I got to have a quick chat with a couple of good sisters about the 'Occupation of St. Ann's Academy', so, it was good.

 

... and I have a new game now- all over town are these tin tubes fastened around traffic light poles, for all of the show posters to go up (for the bars to advertise, essentially). I've taken to occasionally folding the posters in half (only one poster for each pole) and marking some 'non-obtrusive temporary graffiti'- it's like I've just sprouted 10 new arms...

 

anyhoo...

 

in the nice slow dancing that precedes the crescendo,

 

David 

 

 

St. Ann's update- Wednesday (July 28th)

 

-

 

Monday night- I traded my shall for a slightly bigger blanket- shall was taken.

 

Tuesday night- I'm really feeling the hardwood floor, my hips yell at me.

 

... an inspiration I had just now-

 

The only way the government can help is if it recognizes it's mortality and dies gracefully. The virtue trip is real and until the queen of England acknowledges pride as a sin none of her arms has any authority- the trick being a remembrance of fearlessness because we are talking about letting them kill us if they so will (because through understanding and forgiving is inspired humility- the thing that reveals lies).

 

Patience isn't just a good idea, it's what keeps us sane in high tribulation. I've had dreams where cops quit their jobs- my dreams always come true.

 

in excitement,

 

David

 

 

St. Ann's update- Saturday (July 31)

 

-

 

Wednesday night- found a bunch of bubble wrap to use as a mattress- usual routine.

 

Thursday night- (new blanket)- visited in the night by a roving security dude- I was out of it and just wished him a good night- he left (guessing somewhere between 2:00 AM and 4:00 AM)- up to the sounds of others packing up (just off to the side, on the grounds) around 5:30 AM- got up.

 

Friday night- Roving security dude stopped by again, I was out of it, I recollect him saying something like 'officiating' or something- he left wishing me a good night- Blanket stealer stopped by in the morning (around 7:30 AM and asked if I was going to leave anything behind, I said I don't know, he left- I stashed my cardboard and new grass mat neatly away (somehow I doubt it will be there later).

 

patiently waiting, knowing the revolution will not be fueled by anger, knowing this path is right and true, waiting for the knights of God to remember the ease of fearlessness; to know that having the 'right to sleep' determined is the road to true freedom,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday (August 3rd)

 

-

 

Saturday night to Monday night- averaging 6 hours a night- hips and balls of feet are feeling the effects of, too long, cardboard on hardwood floor (this will be remedied before too long).

 

love,

 

David

 

PS: sometimes...

 

sometimes the fault of an apparent lack of

communication goes to the listener

 

do you know you are perfect regardless of your

preconceptions?

 

humility is the way and we have no choice---

meditating on patience we find the truth that is

stronger than doubt- trusting in patience we find true

confidence.

 

cheers,

 

David

 

 

St. Ann's update- Wednesday (August 4th)

 

-

 

Tuesday night- I found some curtains (massive ones) and slept warmly--- 3 friends joined me last night, though at around 5-5:30ish I suggested to them that if they were not intent on getting arrested that they should probably go before the morning security dude comes out and they did (to note- at 2:00 AM the roving security guy came and saw the extra bodies, curled up in their fetal positions sleeping comfortably, and as he was about to leave I asked him the time- he said 2 and then left saying nothing else- he did not return...

 

in poetic redundancy,

 

you

 

 

St. Ann's update- Thursday (August 5th/ 2004)

 

-

 

Wednesday night- (new curtain)- around 11:00 PM police came and found me and my friend getting ready to sleep- in as much condescending and presumptive stance they could be in they 'arrested' us for 'breach of peace' and drove us out to Shelborne and Lansdowne (SP?) (about an hour's walk back)- I went back to sleep at the gazebo and my friend went elsewhere to get some sleep.

 

The crown does not want more people seeking justice this way and so, I would presume, that having someone else fearlessly get arrested freaks some people out. The cops want to content themselves with the corruption of their bosses because they are apprehensive about leaving the streets unprotected and/or not having a 'respectable' job so as to appease their grandmother- to that I would say to the cops- Do you think you are the only ones standing for justice? and Do you think your grandmothers would want you thinking that lies and anger are going to save the world?---

 

Pride is murderously retarding (it ignores the fact that anything can only ever be it's experience). It is impossible to presume innocence of me and not consider this. Have patience, because if you are a cop that wants honour you may very well have to quit your job.

 

... also... suggest that I do not care and you are a fool (it's like knowing someone is 'talking shit' if they are promoting 'free-will').

 

Patience.

 

David

 

 

St. Ann's update- Saturday (August 7th)

 

-

 

Thursday night- solo, again.- new curtain- up by 7:00 AM

 

Friday night- friends dropped off a single size mattress- slept well- up by 7:20 AM.

 

in expedience,

 

David

 

 

St. Ann's update- Monday (August 9th)

 

-

 

Saturday night- bed by 11:30 PM- up at 8:00 AM

 

Sunday night- (new blanket) bed by 10:30 PM- up, with security guard reading his book, at 8:00 AM.

 

Regardless of coherency- apparently I've doors that cannot be opened and doors that cannot be closed... apparently it's time for the ninjas to come down from the mountains... though, who the hell am I?- someone addicted to freedom- a friend of patience who knows there is no control...

 

So, if your goal is not what people would call 'Heaven-on-Earth' then what is it? Every crop grown for money is raping the planet. Every tree felled for the sake of money, a travesty. To feed our children we would ignore the suffering of the world (and eventually have said 'children' hate us for the lies we content ourselves with). It's been said before- "children want honour more than food", may we come to know honour. May we practice composting so that we may redistribute life's nutrients. May we break out of the long term retardation that has been put on us and remember what we are.

 

... or maybe I'm just putting a bit of filler in because the updates grow redundant?... does it matter? ?

 

anyhoo...

 

on the front lines,

 

David Arthur Johnston

 

 

St. Ann's update- Wednesday (August 11th): Does propaganda have to be a lie?

 

-

 

Tired of contenting yourself to be afraid? Tired of the constant bombardment of injustice?

 

Then being a 'revolutionary' may be just the job for you.

 

Do you live a boring mundane life, where you make a game of distracting yourself because you don't know how to be patient, yet? Well, a revolutionary's life might be the life for you. True revolutionaries have a tendency to be great siblings, genuine and true, because they know the thing that moves them, which is love (beautiful and efficient)... I guess that's the catch- a true revolutionary knows the inefficiency of rage (and so, all those who've grown addicted to the lie that allows them to justify anger must come to terms lest they be bowled over by humility).

 

There seem to be many roles for the revolutionary- it is just a matter of defining your happiness and dedicating yourself to doing the best you can with what you got to maintain it.

 

Patience is good- it is truth.

 

It is pride. It is the lie of pride that causes our suffering and or brutality. Simply, it ignores that fact that all things can only be their experience- the grand consideration that everything that you are feeling, right now, is, and always has been (and always will be) the exact and only thing it could be; that you are your experience- an appreciator without control doing only what you know (It is an inescapable prison and we are puppets- now, do we freak out or do we accept? To accept is to fearlessly let love inspire, coming to know the truth of what you are, which is me).

 

There is a notion of 'Heaven-on-Earth'. I think it very true. Freedom.

 

If you want to be a revolutionary, trust in patience and your inspiration will come.

 

Cheers.

 

Welcome to the revolution.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday (August 12th)

 

-

 

Monday night and Tuesday night- went through one blanket Monday and one plastic shower curtain Tuesday- both times I was up at around 7:15 AM with the security guard reading his book.

 

Wednesday night- had an opportunity to do a little computer work so I stayed elsewhere.

 

in the 'unbreakable thought',

 

David

 

 

St. Ann's update- Saturday (August 14th)

 

-

 

Thursday night- another plastic shower curtain- mosquitoes were busy- didn't sleep all that well- up by 7:30 AM

 

Friday night- found a bivy sack- up by 7:30 AM

 

I've been distributing a 'flyer' titled 'WANTED: REVOLUTIONARIES'- it's being well received- it's a revamped update from a couple days ago (the one about 'Does propaganda have to be a lie?'). It has the web address of the Journal on it, so we'll see what happens.

 

I still think 'Love Cats' is the Cure's best song.

 

love,

 

David

 

 

St. Ann's update- Tuesday (August 17th)

 

-

 

Hey.

 

Saturday night- it was a busy day- slept in to 8:30 AM.

 

Sunday night- fitful sleep- the two wee blankets I carry with me are not quite enough to stem the cold.

 

Monday night- again, fitful- I forgive the constant assail.

 

new slogan- Slavery kills! / Nothing like the taste of stolen water.

 

My environment is the whole, as your's is. May we all find the courage we desire... when we know we can be patient until we die we find that when we don't know what to do we can always be patient- thereby making nothing overwhelming. Not only is fearlessness fun, it's moral.

 

have good days

 

me,

 

David

 

 

St. Ann's update- Thursday (August 19th)

 

-

 

Tuesday night- (new bed cover)- up at 7:30 AM with security guard reading his book.

 

Wednesday night- (pillow)- Was visited last night by a family looking for ghosts- friendly people- Up at 7:30 AM with guard reading book.

 

You are an arm of love, stretching out from the infinite past.

 

Have beautiful days.

 

me,

 

David

 

 

St. Ann's update- Monday (August 23rd)

 

-

 

Thursday night to Sunday night- same as usual, though I've forgotten to mention that the roving security guys have started up again, as of about 2 weeks ago- they come anywhere from 2 AM to 5:30 AM just to say hello, then they go. I've gone through 1 sheet and 1 big foam mattress and lots of cardboard.

 

The 'revolutionary recruitment poster' is doing very well- posting them everywhere and people are constantly taking copies from down at the harbour- https://www.angelfire.com/apes/hatrackman/WANTED.htm - that's what the poster looks like.

 

cheers

 

in flight,

 

David

 

 

St. Ann's update- Wednesday (August 25th)

 

-

 

Monday night and Tuesday night- started raining (it's been wet for the last 3 days) and was cold- I have 1 small blanket (covers my legs) and 1 small sheet (covers upper torso), these I have been carrying with me for over a month, now (as I use them during the day)- allowing me a bit of sleep if I don't have a blanket to go with them (I haven't had a blanket for 3 or 4 or 5 days now). The chill is reminding me of why I started this whole business, in the first place. Even without walls, I still feel an uneasiness when I think of everyone out there, waking up soaked and freezing (the impatient are the responsibility of the patient and we are our brothers keepers), feeling the guilt of having a roof- though, I continue to trust in patience- that this course is just and leads to rest for the worn-out.

 

May this moment's inspiration remind us of the invulnerable nature of patience.

 

Love,

 

david

 

 

St. Ann's update- Friday (August 27th)

 

-

 

Wednesday night and Thursday night- got another pair of pants on Wed. Slept better. Still rainy and wet, though Thursday, during the day, was sunny. The security guard that told me he was quitting and moving to Tahiti to 'go native' apparently has returned to his old job- I suggested that he quit his job and join the revolution. Our next conversation will be serious... or he just will avoid me.

 

A friend surprised me with a number of copies of the WANTED: Revolutionaries flyer (over 300) so I would imagine I'll be taking a stroll down some residential areas and stuffing a few mailboxes. The flyer (just so the inspired can have as much access to it as possible) is at- https://www.angelfire.com/apes/hatrackman/WANTED.htm

 

in intimidating clarity,

 

me

 

 

St. Ann's update- Monday (August 30th)

 

-

 

Friday night to Sunday night- nothing unusual- somebody gave me a backpack, so I'm using it as long as I'm carting around the 'WANTED' flyers ( https://www.angelfire.com/apes/hatrackman/WANTED.htm )... I've got an extra sheet, as well (carrying it with me)--- I do not like carrying a backpack and I do not like carrying blankets (when the only reason I cannot leave my blankets is retarded spite)- I would imagine I'll soon get rid of the backpack. The flyers are still doing well- the ones in San Diego are still being copied and distributed.

 

in being a flame of love being fueled by the infinite past,

 

you

 

 

St. Ann's update: So, the question is-

 

-

 

If the idea of 'private property' inhibits a person of the ability to have a bed, do we content ourselves with it?

 

There is no anger in fearlessness and patience inspires.

 

Honour is real and we do not honour our children by thinking we can ignore honour to feed them.

 

You are about to be inspired to fearlessness- if you're going to go crazy then you're going to go crazy, deal with it- patience is good.

 

You are marking me, whether you see it or not. In the eye of truth all intent is revealed.

 

Will my ego make it past your defences? Will due consideration be given? Will cosmic thoughts break through?

 

This ego trusts that it has no beginning.

 

cheers.

 

in the dream of reality,

 

David

 

 

St. Ann's update- Wednesday (Sept. 1st/ 2004)

 

-

 

Monday night- I left the damn backpack there in the morning- apparently, I refuse to break my back by carrying my bed. Private property is a bad joke that wasn't funny in the first place. Patience is good because you have no beginning and you can't die- fear is sin; content yourself with it and you condemn yourself to hell. Money is rape. Have good inspiration.

 

Tuesday night- found a large fancy indoor air-mattress (deflated) and used it as a blanket. up by 7:20 AM with the security guard reading.

 

May the spirit of Jesus' grandma shine.

 

in patience,

 

David

 

 

St. Ann's update- Tuesday (Sept. 7th/ 2004)

 

-

 

Wednesday night to Monday night- nothing hugely unusual. Winter is coming. I've stopped politely stashing my cardboard behind the edge of the gazebo- I've just been leaving it where it lays- let them charge me with littering if they are inspired to---

 

in knowing that pride retards,

in knowing that patience saves,

 

me

 

PS: lawn maintenance tip #1- smash lawnmower- place it in the middle of your yard- plant a beautiful garden all around it.

 

PPS: Pride makes people really retarded. Pride is retarded. Pride retards. Good luck. Pride makes people really retarded. Pride is retarded. Pride retards. Good luck. Pride makes people really retarded. Pride is retarded. Pride retards. Good luck. Pride makes people really retarded. Pride is retarded. Pride retards. Good luck. Pride makes people really retarded. Pride is retarded. Pride retards. Good luck. Pride makes people really retarded. Pride is retarded. Pride retards. Good luck. Pride makes people really retarded. Pride is retarded. Pride retards. Good luck. Pride makes people really retarded. Pride is retarded. Pride retards. Good luck.

 

 

St. Ann's update- Thursday (Sept. 9th)

 

-

 

Tuesday night- a friend gave me a nice and light fleece-lined blanket so I replaced the small sheet and half-size blanket I've been wearing, hung over a jacket I tie at my waist, with it--- which means I left the other two items at the gazebo- meaning that they absconded the beautiful red sheet that my cousin gave me (I use a blanket as a cushion during the day, at work, though I will carry no more). My ego wants to say- 'have fun killing me, shitheads'.

 

Wednesday night- sheet and small blanket were gone (of course)- slept warm but woke up with a crazy pinched nerve in my neck (it's just starting to subside now- 2 hours later).

 

in everything,

 

David

 

 

St. Ann's update- Monday (Sept. 13th)

 

-

 

Thursday night- business as usual.

 

Friday night- a friend was sleeping in a usual spot on Quadra street when the police came and picked him up and dropped him off at Town and Country Mall (a 40 minute walk back to town, in the pouring rain). He came over to the gazebo where the police came again, talked to the security guard and then wished us a good night and left us there.

 

Saturday night and Sunday night- business as usual.

 

in genuine salutations of good will,

 

David

 

 

St. Ann's update- Wednesday (Sept. 15th)

 

-

 

Monday night- cold- feels like winter- nothing unusual.

 

Tuesday night- around 2:30 AM my friend shows up and tells me that he just had his backpack stolen and the blanket that he was using ripped off of him and stolen, as well- he goes and tries to sleep elsewhere- he comes back around 4:30 AM and tells me that as he was laying, almost sleeping, somebody stood above him with a 5 foot steel pipe poised to impale him- he woke and the person fled. He leaves, again, to go 'walk around' (it's good, in a way, this sort of thing fosters a 'want of justice'). Morning security guy gets there, as usual, then about 7:10 AM the janitor comes and starts sweeping by my head- I mentioned that it may be more efficient for him to just yell and clap his hands.

 

Thank you, taxpayers, for your continued ignorance.

 

The revolution progresses- though I wonder if these correspondences are even getting out of the library... could people possibly send a confirmation email to let me know if you're getting these. Thank you.

 

When you don't know what to do, you can always be patient- that is glorious.

 

love,

 

David

 

 

St. Ann's update- Saturday (Sept. 18th)

 

-

 

Just to recap the corruption of the 'crown' and the PCC (Provincial Capital Commission)- I would be happy to sign conditions if they would prosecute. In lieu of prosecuting they harass and steal and presume wrongly (allowing for their spite). Under the 'Canadian' Charter of Rights, 'due process' is a requirement- it has not been given (I've been there for close to 10 months, now). This, alone, proves the absolute lack of authority of the 'crown' and it's arms. May the 'crown' be moved to embrace justice or may the citizens of this country recognize their fearlessness, so as to initiate the revolution. Winter is coming and I will sleep as warm as I can- nests of hundreds of newspapers and cardboard walls- have fun cleaning up, if it comes to that.

 

Wednesday night to Friday night- same as usual. It's raining a lot. My friend hasn't been accosted since. Strange dreams...

 

'till next time...

 

in preparation for the 'now',

 

David 

 

 

St. Ann's update- Tuesday (Sept. 21st)

 

-

 

Saturday night to Monday night- cold and uncomfortable. I've been using 15 to 25 newspapers a night to make a sort of mattress.

 

Apparently, this adventure of 'St. Ann's' is going to be the meat in a University of Victoria's student's master thesis- Spaces of Denial and the Denial of Place: The Architecture of Homelessness in a Contemporary Canadian City. We shall see... I talked to the fellow yesterday- he seemed competent enough--- with any luck he'll swear off money and pride before he continues to justify the existence of the current day university--- a hint- you don't have to pay back financial loans if you stop using money (everyone has been coerced into using it in the first place).

 

knowing that in every moment of doubt and awkwardness and frustration it is good to remember that patience is good,

 

David

 

 

St. Ann's update- Friday (Sept. 24th)

 

-

 

Tuesday night to Thursday night- found two large pieces of plastic (mattress packaging)- one on the floor with about 30 newspapers and a couple large handfuls of shredded paper on it with the other on top (had this for two nights, as the plastic was just thrown in a nearby dumpster). It was cold last night and the plastic is not good for perspiration.

 

Sometimes, when much is bearing down and it feels like a billion people are talking to you, it is good to remember patience.

 

Love,

 

david

 

 

St. Ann's update- Monday (Sept. 27th)

 

-

 

Friday night to Sunday night- cold. sore hips. Appreciating the ability to, instantly, remind myself of patience whenever any doubt or disharmony arises (patience is infinite and always there, again and again and again)- it's fun being invulnerable.

 

in this dream of sentience,

 

David

 

 

St. Ann's update- Thursday (Sept. 30th)

 

-

 

Monday night to Wednesday night- usual. Last night I had a cold to keep me company. Probably 20 pounds of cardboard for a bed--- it is getting colder... I wonder if I'm gonna die at St. Ann's... that would be interesting... I wonder what happens when someone who suggests the 'invulnerability of patience' mysteriously vanishes... humility always knocks the beast down.

 

whoa.

 

You are God.

Stop using money.

 

Do what you will (cause it's the only thing you can do, anyway). Patience is good.

 

love,

 

David

 

 

St. Ann's update- Sunday (Oct. 3rd)

 

-

 

Thursday night to Saturday night- cold. Last night was cold coldish (maybe 2-4 degrees Celcius). My cold is gone, mostly. I had a friend die on me and I quit smoking. Many strange dreams- friends are spies, spies are friends and the cavalry is already here... or something.

 

oh bla dee,

 

David

 

 

St. Ann's update- Wednesday (Oct. 6th)

 

-

 

Sunday night to Tuesday night- Sunday and Monday nights were pretty cold (maybe 3-5 degrees celcius with fog and wind), last night was better (3-5 degrees no wind). Left shoulderblade has a pinched nerve underneath- maybe a result of hard bed- hips still complaining in the morning- sniffles are sticking around- still off the tobacco--- and patience remains a miracle.

 

A patient will is master.

 

love,

 

David

 

 

St. Ann's update- Saturday (Oct. 9th / 2004)

 

-

 

Wednesday night to Friday night- A degree or two warmer- had a felinish visit last night.

 

A song occurred to me this morning (and it goes a little like this)-

 

Money is fucked.

Money is fuckity fucked.

Money is fuckity fuckity

fuck fuckity

Money is fuckity fucked.

 

Money is fucked.

Money is fuuuuuu uuuu  uuuu cked.

 

Money is fuck

fuck

fuck

fucka fucka fucka fucked.

Money is fuck fuck fuck

fuckity fucked.

 

(just the girls sing)

 

MONEYYYYY is fucked.

Money is fucked.

Money is fucked.

Money is fucked.

fucked fucked fucked.

 

(k- now just boys)

 

Money money moneyyyyyyyyyy...

is the fuckity fucked fuckiest fucked fucker.

Money is fucked

money is fucked

money is the fuckiest fuck fuck fuck fuck fucked fuck.

 

(now all together-)

 

Money iiiiiissss fucked.

 

dum da! (it's a bit longer, though you get the idea--- it pretty much puts a smile on most peoples faces- you should probably sing it loudly in crowded places---- then maybe the LA remix version and the countrified trance ska version...)

 

have good days.

 

David

 

 

St. Ann's update- Tuesday (Oct. 12th)

 

-

 

Saturday night to Monday night- patience is good. Found lots of shredded paper to make a nest, last night. Strange dreams- I've reminded myself that patience is good about 2000 times already this morning. Patience is good because a lot of people have been deceived into thinking that pride is good. Patience is good. Pride is a crazy experiment in this predestined construct.

 

How much do you want truth?

 

Patience is good.

 

love,

 

david

 

 

St. Ann's update- Friday (Oct. 15th)

 

-

 

Tuesday night to Thursday night- usual usual usual- cold (between 2-4 degrees Celsius, though lots of padding for the hips- strange dreams continue (good ones, really).

 

I went to a 'downtown community' meeting that had four speakers- Rev. Al from the 'Open Door', a cop, a representative from the chamber of commerce and a city councilor (sounds like a joke). I was compelled to ask for a reiteration on why they didn't like the idea of a tent-city--- all they said was that the 'greater majority' doesn't want one (that was it, no other reasoning)- it wasn't a surprise--- it was funny though, they kept on mentioning the 'housing crisis'--- I gave them each a copy of 'EVERYTHING YOU NEED TO KNOW ABOUT EVERYTHING' ( https://www.angelfire.com/apes/hatrackman/everything.htm ), except for the city councilor (she was busy). I'm being very good in my description- these people (minus Al) were fulfilling very stereotypical roles. It is obvious that the only justice is going to come from these people quitting their jobs because there will be no positive progression whilst they try to maintain the fallacy of 'private property', but that's ok (more than ok- destined--- viva la revolution).

 

If patience were like a dog, and it was born a couple months ago- I wonder hold old it would be?...

 

in patience,

 

David

 

PS: It doesn't matter if one knows what's going on, or not; it's still going on.

 

love

 

 

St. Ann's update- Sunday (Oct. 17th)

 

-

 

Friday night to Saturday night- cold windy and cold. Friday night I sealed up a corner of the gazebo with cardboard- woven into the fencing around it and in the slots of the benches. last night I slept with a large piece of heavy cardboard over-top of me- cold wind wet sore hips--- Very good dreams- apparently someone gave me a new Greyhound bus; I was driving it around- almost hitting things, but never quite... there was also a part where an older guy (grey hair, 50ish) was being interrogated by the FBI (FBI pretending to be RCMPs- dreams are weird with their detail) and he looked at me quite worried and I reminded him of patience- he was like 'oh ya, patience' and was much calmer.

 

anyhoo, both nights had about 30-40 pounds of newspaper each- and I expect what I left there is gone already...

 

sometimes when cold weather doesn't go away, people get serious

 

in justice,

 

David

 

 

St. Ann's update- Tuesday (Oct. 19th)

 

-

 

Sunday night to Monday night- So, I've built two cardboard houses now and I see myself improving- This occupation is availing me some interesting specialized training. It has been cold and windy- may it help motivate generate a general 'want of justice'.

 

Patience is good in the face of infinite beauty.

 

cheers,

 

David

 

 

St. Ann's update- Friday (Oct. 22/ 2004)

 

-

 

Tuesday night to Thursday night- a cardboard house each night (bringing the total to 5)- They've been sort of fun (a bit exhausting)- it's something like Lego- and their construction evolves, as well- so far they are all similar; about 6 1/2ft to 7 1/2ft long, about 3-4 feet wide and about 2-3 feet high; for 3 or 4 of them I've been fortunate to have large garbage bags full of shredded newspaper (quite comfy, really)- it has been cold and wet and windy, so I've really been appreciating them.

 

Justice can only come through patience- justice comes.

 

Pride is Hell's car. Patience, Heaven's (patience brings humility). Ever and again I remind myself of patience and trust that it is the warrior's grail.

 

Sure, it's easy being a slave- you get video games and ski vacations- though freedom is a lot of fun, too...

 

I remind myself of patience when I feel I have been babbling about it a lot...

 

in patience,

 

David

 

 

St. Ann's update- Monday (Oct. 25th)

 

-

 

Friday night to Sunday night- I've built 8 cardboard houses now- They get easier... though I'm still spending about 2-3 hours constructing them (finding the cardboard, collecting the leaves, molding and shaping and tying together pieces of cardboard- it's fun in a exorcise sort of way). Saturday morning I woke to a 'Hey. Hey! You gotta get up and go. We're having an event today. You gotta go or else.'--- So, I got up and rejoiced in inspiration. To help remind the confused souls that work there that I'm still there, I distributed my house, the garbages and a deck of cards all over the back yard. Sunday morning I only distributed my house, and Monday morning people came to work to find the back yard hidden under a whole lot of newspaper and the mass of my house (it stays, somewhat, together now that I tie things) I left on the front steps of the chapel, for the world to see... for a couple of moments, anyway, before it gets removed.

 

If they want to give me a ticket for 'littering' they may go right ahead- though I'm pretty sure they know it will never get paid. If they want to arrest me for 'Assault by Trespass'... well, it would be about friggin' time.

 

May the 'province' be moved to a desire for 'professionalism'... otherwise, may the fuckers be revealed to the masses as 'full-on' NAZI-like fascists... I think the latter.

 

It's been over ten months, now. May patience influence our every action.

 

VIVA LA REVOLUTION--- I think it's interesting that people are actually starting to consider not using money anymore--- mayhaps we will soon use the 'Queen of England's' throne as firewood, though it probably is toxic.

 

May my ego not get me killed... though, if it does, 'oh well'.

 

cheers,

 

David Arthur Johnston

 

 

St. Ann's update- Tuesday (Oct. 26th): an apology

 

-

 

Last Saturday Morning (concerning the some of the events of mentioned in the last journal update)

 

Please forgive me, my brashness. The people who claim the property you had your event (an event as worthy as an event can be, under the pretext of 'money justification') on (St. Ann's Academy), truly, are not good people (to the highest and most ignorant degree). They pretend that 'maliciousness' is an option to 'fall back on'. I challenge that, and have been doing so for close to 10 months now (by residing on 'their' 'property' in an attempt to get arrested for 'Assault by Trespass' so that I may get a ruling from the court (or not) on the 'right to sleep'- it is a bit, though I would be happy to go into it further, if you would will it), though instead of being given 'due process' (which is, apparently, a 'right') they've given themselves to a campaign of perpetual violation (A.K.A. I get tired sometimes... of course that's no excuse for impatience). Sometimes, it seems, I am inspired to remind them that I am there. I only hope that it was their janitor that 'tidied' my 'object distribution'.

 

travel well

 

if you meditate on patience you will find God

 

(I may use some, if not all, of this for general distribution- just so you know)

 

David Arthur Johnston

 

 

St. Ann's update- Saturday (Oct. 30th)

 

-

 

Monday night to Friday night- I've built 13 or 14 cardboard houses now-Averaging about 2 hours now to make them.

 

******

 

There are some places that patience lives- soon, the whole world.

 

When we know, exactly, what it is that makes us happy, we fully charge towards it, lest we turn and forget. When you are patient, savour it, who knows when next you'll taste it?

 

******

 

in patience and desire,

 

David

 

 

St. Ann's update- Wednesday (Nov. 3rd)

 

-

 

Saturday night to Tuesday night- there was one night that the cardboard house was left where it was. I've been not-so-adamant in the 'reminding them I'm there' area, though this morning I distributed the house and all of the very large garbagebag full of shredded paper that I had used as bedding. May somebody be inspired to honour, cause everytime you use money you spit in the face of every one who has ever died for freedom.

 

Hell, they throw out enough food here to feed an army. They make a noise about halting that and that will, simply, be our method of revealing their stupidity.

 

Remember the blessing of every stupid thing, for it only serves to remind us of patience. The devil was invented to be conquered.

 

in knowing,

 

David

 

 

St. Ann's update- Friday (Nov. 5th): just out of jail.

 

-

 

Wednesday night- built a new house.

 

Thursday night- ok... I had a full load of cardboard balanced on my head and I get to the gazebo- I sit, a bit exhausted and start playing a bit of flute- some 'security' guy named Bruce gave me an envelope that had some new bylaws that the PCC (Provincial Capital Commission) had the Lieutenant Governor make 'official'- I scanned them- they were just more crap, of course, though crap that the security guard took as an allowance to physically remove me from the grounds (he, with the help of another security dude, carried me about 20ish yards)- I forgave him for the assault and returned to the grounds (to the front entrance) where I sat and waited for them to call the police. The police came and arrested me for 'Assault by Trespass' (please note this)- I spend a restless night in cells well a collection of TV's kids raged at each other from cell to cell- I go to the courthouse in the morning- I meet with 'duty council' (which happens to be someone I know)- I suggest that I will be happy to sign conditions if it means a trial- the crown suggests the usual (be nice and no go St. Ann's), they also suggest a mental evaluation because 'I forgave a cop and suggested I was God'- the Justice-o-the-peace declined that suggestion (apparently all the judges are at a convention). I get the final forms that I am to sign and the dude 'officially' reads the main points- I sign- I then read that the charge is not for 'Assault by Trespass', but for 'Mischief' (sons-o-bitches) section 430 of the Criminal Code- it is indictable, so it will do... maybe.

 

I have court on November 19, 2004 at 9:00 AM in the Provincial court. I will not go back to St. Ann's without telling the court first (if that is to happen)--- I feel like I have some nasty demons that want to crucify me.

 

Please send feedback

 

Love,

 

David

 

 

St. Ann's update- Saturday (Nov. 6th/ 2004)

 

-

 

My first night not there in a very long while. I'm not horribly concerned with their maneuvering- the process, for me, remains simple- In the end they will put me in jail (where I will not eat) or they will release me and I will go back to St. Ann's... or mayhaps the court will acknowledge that understanding the 'sin' of pride is fundamental in doling out justice and order the crown to correct itself (we shall see), and give an order to the province to wholeheartedly endorse the reversal of the current repressive sleeping laws in two significant ways- 1) to, essentially, make it illegal to wake someone up who is sleeping (peacefully) in a 'public access' area (being as there is no such thing as 'public property') and 2) to endorse and support the establishing of a 'tent-city' within walking distance of downtown... This would be a 'ruling' on the 'right to sleep' and it would stand before all property law.

 

I don't know, exactly, why they are charging me with 'Mischief', though here is the text from the Criminal Code of Canada-

 

---

 

MISCHIEF

... / Mischief in relation to data / Punishment / Idem / Idem / Idem / Offence / Saving / Idem / Definition of "data".

 

430. (1) Every one commits mischief who willfully

 

(a) destroys or damages property;

(b) renders property dangerous, useless, inoperative or ineffective;

(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

 

(1.1) Every one commits mischief who willfully

 

(a) destroys or alters data;

(b) renders data meaningless, useless or ineffective;

(c) obstructs, interrupts or interferes with the lawful use of data; or

(d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.

 

(2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.

 

(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds one thousand dollars

 

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable by summary conviction.

 

(4) Every one who commits mischief in relation to property, other than property described in subsection (3),

 

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable by summary conviction.

 

(5) Every one who commits mischief in relation to data,

 

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable by summary conviction.

 

(5.1) Every one who willfully does an act or willfully omits to do an act that it is his duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or data,

 

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable by summary conviction.

 

(6) No person commits mischief within the meaning of this section by reason only that

 

(a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

(b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

 

(7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

 

(8) In this section, "data" has the same meaning as in section 342.1 . [R.S., c.C-34, s.387; 1972, c.13, s.30; R.S.C. 1985, c.27 (1st Supp.), s.57.]

 

 

---

 

So, come Monday I will go and see a Justice of the Peace at the courthouse to point out the whole 'let's change David's charge without telling him and then see if we can get him to sign the papers anyway' kerfuffle.

 

I'm presuming they will be trying for the -two years less a day, route- they will also promote a mental evaluation (which I really don't care about, either way, being as I trust in patience).

 

So, all things progressing as seen, come the 19th of November, I will be pleading 'not-guilty' and facing the consequences- not eating in jail or just continuing the campaign or, maybe, helping administer the new tent-city...

 

Patience is a bus that never crashes.

 

cheers and love,

 

David

 

PS: On November 19th the date for the trial will be set- the judgment won't come down until the trial- all things proceeding as seen, that is.

 

 

St. Ann's update- Monday (Nov. 8th)

 

-

 

Went to the courthouse today to investigate the 'charge change' (see last couple of updates)- the 'particulars' for the case haven't been processed yet- maybe a week, or so- either way I'll receive them on the 19th (Nov.) when I go to plead not-guilty and set the trial date.

 

The simplicity of what I am doing is this- putting my life on the line in the face of a corrupt 'authority'; there will be justice or they will kill me (death by starvation, maybe, whether it be 30 days of not eating or 90 days of being strapped to a bed with tubes in me...). My defence is dependent upon the court recognizing that pride is 'sin'- so things may progress quickly...

 

I've been predicting that by the end of this year or early into the next that it will be made illegal to wake a 'peaceful' sleeper on 'public access' property (parks, sides of sidewalks, etc...) and that there will be a court ordered provincially endorsed tent-city within walking distance of downtown. Though, or course, those will only be the beginning effects (after the court officially recognizes the innate retarding nature of pride)... patience is really good because this is really happening.

 

Will there be justice through the court or will there be a revolution?... we shall see.

 

in love,

 

David

 

PS: if there are any with the capability, would it be possible to get copies of the Journal printed? I may, very well, enter it as evidence.

 

PPS: this may be the last journal entry until Nov. 19th--- maybe one more, maybe.

 

 

St. Ann's update- Thursday (Nov. 18th/ 2004)

 

-

 

Tomorrow (Friday, Nov. 19th) morning I go to court to say 'not-guilty' to the mischief charge. I will submit evidence (the journal- from beginning to Nov. 8th) and inform the court that a 'summary' conviction (which, if I understand correctly, means 'punishment other than jail') will not be acceptable. A trial date will then be set. The 'crown' may again suggest a 'mental evaluation', though I presume that won't happen (after I explain to the court that when I say I'm God I do so knowing there is nothing that isn't God- which, incedently, is exactly why pride is a 'sin').

 

Of course, this is all presupposing- anything could happen- they may drop the charges (then, of course, I'll just return to St. Ann's)- they may hold me (though I don't see how)--- we shall see, we shall see...

 

in expedience,

 

David

 

 

St. Ann's update- Friday (Nov. 19th/ 2004)

 

-

 

ok

 

The crown again tried to force me to have a 'mental evaluation'. After waiting close to two hours the judge said no to it.

 

There is a 'confirmation' trial on Dec. 8th (to make sure everyone has their ducks in a row) at 9:30 AM in courtroom #202 and the main trial is on Dec. 21st at 10:00 AM in Courtroom #202.

 

to repeat- main trial is on Dec. 21st at 10:00 AM in Courtroom #202. I will be facing a 'mischief' charge with a plea of 'not-guilty'.

 

The crown has 3 witnesses, apparently. Two cops and someone else (?). The 'crown' suggests the case will take 3 hours... we shall see.

 

I'll update again come the 8th of December.

 

cheers and patience,

 

David Arthur Johnston

 

 

St. Ann’s update- Saturday (Dec. 4th)

 

-

 

This is the ‘write-up’ the Provincial Capital Commission is submitting as evidence. I’ll write it in whole and maybe comment a bit on the bottom.

 

Here we go-

 

++++++++++++++++++++++

 

DAVID ARTHUR JOHNSTON

(Homeless Person)

at

ST. ANN’S ACADEMY

 

 

David Arthur Johnston has been sleeping at St. Ann’s Academy most nights since January 16, 2004. Various tactics, including arrest, have not encouraged him to move away from St. Ann’s Academy. His presence on the grounds is a safety concern to Ministry of Advanced Education employees, is an ongoing cost to the PCC for cleaning-up the daily mess he makes on the grounds by hauling-in sleeping material and by strewing the contents of garbage containers, was a cost to the PCC for additional security efforts to remove him in the past, and is a violation of PCC By-Law#4, which prohibits camping on the grounds at night.

 

On January 16, 2004, a group of homeless people set-up a tent city in the Arboretum area at St. Ann’s Academy. Everyone but Johnston left the property the following day after their tents and belongings were removed by the police and BCBC/PCC staff.

 

Johnston’s initial residency was in the Arboretum, but as attempts were made to discourage his overnight stays, he moved closer to the building migrating from the Arboretum to the front steps of the Ministry entrance to the building, then to the front steps of the Chapel, and lastly to the Summerhouse in the Novitiate Garden. If events disturb his settling-in for the night in one location, his pattern has been to relocate to another location on the property.

 

Various efforts have been attempted to discourage his stays. Additional security was hired through Victoria Central Security to augment the Ministry on-site security provided by Royal Victoria Security. Upon legal advice from the PCC solicitors, the security guards were directed to ask him to leave, to call the police for his removal, and to keep him awake through various means in the hopes of him finding the location not suitable for sleeping. The security guards gradually became more frustrated than Johnston by this process and it gradually fizzled away as a viable option for the PCC to pursue at this time.

 

Over the course of nine months, Johnston has been arrested and removed by police on at least 21 occasions.

 

Presently, Johnston brings enough materials onto the property that it takes PCC staff about one hour each day to cleanup-and remove the debris, which includes newspapers, shredded paper, cardboard, leaves and other materials he uses for a mattress, bedding and insulation. He occasionally brings furniture such as tables, chairs, mattresses and other large items, to aid his occupancy and comfort. Starting in late October 2004, Johnston has also begun emptying garbage cans onto the lawns as he exits the property in the morning, which adding to the clean-up effort by PCC staff. Neighbours have observed Johnston urinating and defecating in the garden.

 

He tries to engage Ministry and PCC staff and visitors in conversations, if he meets people while he is on site. This has caused some Ministry staff to be concerned for their safety – especially women who arrive for work early in the morning when no one else is around.

 

Johnston keeps a website http://www.anglefire.com/apes/hatrackman/welcome.htm with a journal he calls “The Journal of the Occupation of St. Ann’s Academy”. Additionally, he emails daily with updates for the journal and other inspirations of his personal philosophy to approximately 20 people, including the Victoria Police Chief, the former Mayor of Vancouver, and the May of Victoria’s assistant.

 

A detailed chronology of events is attached as Appendix #1.

 

David Arthur Johnston in known to the street community. He is thought to have enemies within that community. Those working with marginalized groups, such as Reverend Al of the Open Door, are familiar with him but are not able to reach him. He appears to be prepared to die for his beliefs and enjoys a soapbox when he can find one. While he generally has a calm disposition, he can become agitated when the environment changes. He can provoke people and he can be provoked. He wants permission to sleep in the open to be closer to God. He does not believe in the use of money. He believes that his patience will win. He would also like his day in court to argue his points-of-view.

 

Johnston’s most recent entries in his daily internet journal he keeps are at:

 

http://www.victoria.indymedia.org/news/2004/11/33626.php

http://victoria.indymedia.org/news/2004/11/33629.php

http://www.victoria.indymedia.org/news/2004/11/33774.php

 

Information Updated: 8th November 2004

 

++++++++++++++++++++++++++

 

yup… that be it… they make it very easy… ok, just a couple things- not once did I poo there and there are approximately 20 people on that particular part of the update list- that are about 6 groups with anywhere between 30 to 50 people on them. If the ‘detailed chronology’ is what they gave me it’s mostly just some photocopies of some of the journal updates with words like ‘tent-city’ and ‘everything is God so pride is a sin’ pointed to and underlined.

 

Enemies? I have enemies? There may be one or two lazy stubborn children out there that resent me for pointing out their laziness, ya, though I wouldn’t call them enemies, I would call them ‘me’.

 

I don’t want ‘permission’ to sleep outside- I’m saying ‘I’m going to sleep outside. Kill me if you will’. My patience has always been in a state of winning--- Knowing that one thing has no beginning means that nothing does.

 

Cheers and love.

 

I’ll update again around the 8th.

 

Patience,

 

David Arthur Johnston

 

 

St. Ann's update- Wednesday (Dec. 8th)

 

-

 

Had the 'trial confirmation' today. All ducks in a row. The trial proceeds as scheduled.

 

Dec. 21st in courtroom #202 at 10:00 AM.

 

in the illusion of catalyst moments,

 

David

 

 

St. Ann's update- Tuesday (Dec. 21st)

 

-

 

in about 45 minutes the trial begins- were it will go, it is hard to say, except that all parties involved will have their intents revealed.

 

May I not leave that place without an idea where the tent-city is going to begin.

 

Patience and love to you all.

 

David

 

 

St. Ann's update- Tuesday afternoon (Dec. 21st)

 

-

 

It started interestingly- When I got there the courtroom changed to 201 then back again to 202- they searched and metal detected most of the people attending. I went in with a mind of presuming innocence of the judge so as to not catch myself ranting- their concern was not so much the crown and the PCC not giving 'due process', but more, the remnants of my bed that I occasionally had strewn about the property (something I refer to as 'convulsing from the torture'; reminding them that I was still there, so to speak).

 

Having been told that I would go back regardless of breaching conditions, the court still released me with a 'conditional discharge' (the usual- be nice and don't go to St. Ann's)- I did not sign this order (the receptionist just wrote 'refused to sign' and gave me a copy).

 

I did 3 interviews with the 'mainstream' media- The Times Colonist, CH tv, and Monday Magazine.

 

About 20 people showed up- it was a good show of support. The concern with the metal detectors gave it a nice 'Hollywood' feel.

 

So, I presume I will be going back tonight, probably around 9:30 or 10 PM. It is possible that I will be arrested again- this time for 'breaching conditions'- I don't see them releasing me any time soon. One way, or another, there will be justice- which may mean a judge acknowledging the 'sin of pride', for without that knowledge justice becomes subjective.

 

we shall see...

 

cheers and love,

 

David Arthur Johnston

 

 

St. Ann's update- Wednesday (Dec. 22nd)

 

-

 

Not signing the conditions they gave me I went back to St. Ann's last night. Went to the steps, where I waited with the security guards, for the police to come. Police came and arrested me for breach. Spent the night in cells, and got a good night's sleep (surprisingly). Went to court this morning to sign a condition to not go back until December 29th. I expect that I will comply.

 

So- December 29th, 2004, at 10:00 AM in the Provincial court at 850 Burdett Avenue, Victoria, BC, V8W 9J2, I will be pleading guilty to the offence of 'Failure to comply with a probation order, contrary to section 733.1(1) Criminal Code'. I will not accept anything but jail-time or justice.

 

It is interesting that for any judge to get to the point where they would order the police to NOT wake peaceful sleepers on 'public access property' they would have to understand that ,legally, we are our 'brother's keepers' before we are 'collectors of luxury' (being that the base truth is that our happiness is measured off the happiness of our environment).

 

Patience be with us all.

 

David

 

 

St. Ann's update- Wednesday morning (Dec. 29th, 2004)

 

-

 

I'm going to the courthouse at 10:00 AM today to plead guilty to the 'breach' charge. The crown is trying for a 'mental evaluation', again... we'll see if the court will recognize the spite of the crown. I don't think the judge will want to quit his (or hers) job if it comes to it. If I'm asked what I think justice is I will tell the court that it has to tell the police to stop waking peaceful sleepers on public access property. I will suggest that it is imperative that the court recognize pride as a sin, as it is the lack of that consideration that makes presuming innocence impossible- that 'right' is not determined by a vote but by an acknowledgement that truth, simply, is, regardless of opinion, and that the laws I break do not take into account that someone does not have the right to secure luxury while others are in need (A.K.A. parks uninhabited at night are not more important than people getting a good night's sleep without worrying about getting attacked with threats and aggression by the police and parks crew). Though, maybe, I'll not have a chance to say my piece... we shall see.

 

I will not eat in custody, be it jail or the crazy house. I will be polite and I will present what I see as truth as patiently as possible, though upon release I will continue this campaign.

 

in love and honour,

 

David Arthur Johnston

 

 

St. Ann's update- Wednesday evening (Dec. 29th)

 

-

 

So... in courtroom 126- they give me my particulars and suggest that I take 3 weeks to think about my plea- I tell them I'm ready now- they move me to courtroom 101 (I think)- the judge there moves me to courtroom 201 where the judge that convicted me of the 'mischief' charge was- I give him my understanding of justice- which is, of course, to tell the police and province that it is illegal to wake peaceful sleepers on public access property- he suggests that I be afraid of going to jail- I suggest that if he is unable to dole out justice that he quit his job- at one point I suggest that it is impossible to presume innocence while ignoring the fact that pride is a sin- I also suggest that the queen of England is not a nice lady.--- He finds me guilty and sentences me to one day in court cells (I just got out)- of course I intend on going back to St. Ann's tonight--- we'll see what happens... MAYBE: I'll be arrested for breach (again)- I'll go to court in the morning where a date will be set for the plea- I'll sign conditions until that plea (as long as it is no further than a week away)- I will plead guilty to the breach and then there will be justice or there won't yet be- maybe I'll go to jail for (guessing) any wheres between a week and a month (30 days not eating?)... though I don't know exactly what will happen--- we shall see...

 

Thank you all for your support.

 

David

 

 

St. Ann's update- Thursday (Dec. 30th)

 

-

 

Just out of jail.- I go back to the Provincial court on January 6th at 9:00 AM to plead guilty (again) for this second 'breach' charge. Mayhaps the court will start taking things seriously.

 

cheers all

 

love,

 

David

 

 

St. Ann's update- Thursday (Jan. 6th, 2005)

 

-

 

okilly dokilly.

 

I pleaded guilty to the second breach. They want me to be sentenced by the same judge that convicted me (Palmer), so I'm out for now until JANUARY 13th at 9:30 AM in courtroom #101.

 

Please have patience with me (and this). May we live our lives with open ears.

 

in sweat,

 

David

 

 

St. Ann's update- Friday (January 14th, 2005)

 

-

 

Alrighty.

 

On Thursday (the 13th) I pleaded guilty to the second breach charge and received 3 days in jail for a sentence. So they released me today (1 day later) because there is something about only doing 2/3 of the sentenced time... anyhoo- I'll be going back- If not tonight tomorrow night, and I am thinking that I may not get released (I may not sign the 'interim' conditions because the court has shown itself to lack consideration, essentially they can't be trusted to be just) in the time between getting arrested and pleading guilty (usually about 1 week)... we shall see... I may sign the interim conditions, I may not, I don't know at this point... either way, I'm going back tonight or tomorrow night to breach, for the 3rd time. Maybe the judge will have consideration that anarchy might be more desirable than order rooted in corruption.

 

cheers and love,

 

David

 

 

St. Ann's update- Saturday (Jan. 15th, 2005): a letter to Amnesty International

 

-

 

Hello.

 

I've been involved with this campaign to determine the 'right to sleep' in Victoria, BC, Canada (the journal- https://www.angelfire.com/apes/hatrackman/welcome.htm ). Though, I've forgiven the people responsible, during the course of this campaign I have been driven out of city limits 6 times and have had the government hire a security guard with the express duty of not letting me sleep (8 hour shifts for about 20 days- they did the job perfectly for about 4 days). I will not be pressing charges as the people torturing me didn't know better, though any help getting a judge to tell the police and the province that it is unlawful to wake peaceful sleepers on public access property (parks, beach, lots, etc...) would be appreciated.

 

On Dec. 21st, 2004, I was convicted of 'Mischief' for half the time of the campaign (it started in January 2004 and the conviction is from mid-june to Nov. 4th). I was given a conditional sentence which I did not agree to and did not sign. I told the judge, that if released, I would breach. I was released and I breached. 1 day in jail for the first breach. I was released again and breached again. 3 days in jail for the second breach. On Sunday night I will be breaching for the third time and will be sentenced about a week after. Given, this has been a contrived event, though do we not have the right to protest and do we not have the right for 'due process'?

 

I would not have been able to get as far as I have without much meditation on patience. I feel like a veteran on the front lines of a real war that is happening right now.

 

Do I have any rights here? Will the revealing of the 'crown's' lack of innocent presumption have to come at the cost of my life? If so, so be it, as freedom is the determiner of my contentment.

 

Thank you.

 

Patience be with you.

 

David Arthur Johnston

 

Hatrackman@Yahoo.com

 

Victoria, BC, Canada

 

(I get my mail at 'Streetlink Emergency Shelter'- though I don't know their address right now)

 

 

St. Ann's update- Monday (January 17th)

 

-

 

I breached for the 3rd time last night (Jan. 16th- coincidentally the 1 year anniversary of the campaign). I was arrested and taken to court in the morning.

 

So, on Friday the 21st at 9:00 AM in the Provincial Court I will be pleading guilty to breach #3. I presume I will be sentenced as well- I'm thinking it will be longer than 3 days... maybe a week this time, we shall see...

 

in freedom and the knowledge that nobody has ever made a choice and that nobody will ever make a choice,

 

David

 

 

St. Ann's update- Thursday night (Jan. 20th)

 

-

 

The following is a letter I hope to give the judge at

tomorrow's sentencing.>>>

 

An appeal to whomever is presiding the sentencing of my 3rd breach of the court order to not return to St. Ann’s Academy which was given as a sentence to a ‘Mischief’ conviction that occurred on Dec. 21st, 2004.

 

   The events leading up to what I describe as ‘The Occupation of St. Ann’s Academy (Victoria, BC, Canada)’ were thus: living outside since Nov. 2000 I’ve slept often in Beacon Hill Park and down at the beach that is akin to it. By the winter of 2003 there was an escalation of ‘deterrent’ events which include being woken up by parks staff and/or police (who’ve been presumptuous, condescending and threatening), a smelly substance I referred to as ‘bum-away’ (which I found out later was undiluted plant fertilizer- ground up fish) left on known sleeping spots which, when settling in in the dark, got on sleeping gear and clothes. Fatigue breeding fearlessness, not long after the blizzard that hit on the cusp of the coming year (2004), it occurred to me to bring these absurdities to light, knowing that the cause of the suffering I was being exposed to rested in the police’s, parks staff’s and city’s hands. It was they who were not presuming my innocence in my ability to sleep conscientiously- so I force the issue. If they only knew then the practice they were about to give me they would not have waited so long in their dealings with me.

 

   So, on January 16, 2004, I and a few others set up tents on the grounds of St. Ann’s Academy as it is open and close to downtown. Dealings with the police and the PCC had the majority of people moved along the next day, yet I stayed, knowing it was only going to be through the courts that this matter could be resolved- it wasn’t until a month later that I saw exactly what was needed. The court must recognize that innocence was not being presumed of me and consequently do everything in it’s power to let the current ‘powers that be’ know that they DO NOT have the rights that they think they do; to have a provincial judge tell all in the province that the ‘right to sleep’ is protected, regardless of any and all law and by-law stating otherwise.

 

   Now, the ‘Mischief’ charge is from mid-June to Nov. 4th, 2004. Bypassing most of the torturous infractions laid upon me. Instead of ‘due process’ the police and the PCC (Provincial Capital Commission) began a full regiment of discomfort in the hopes that I would move along. This ‘regiment’ included a number of arrests (some for ‘Assault by Trespass which change to ‘breach of peace’ when we got to the police station), I believe there were more than 15 separate nights in cells. I was driven out of city limits on 6 occasions. For 20 days the province hired a security guard with the express purpose of not letting me sleep (a job that was done in varying degrees with 4 absolutely sleepless nights- a guy above your head clapping his hands, stomping his feet, playing loud music, shining a bright light in my eyes and saying things like ‘don’t be falling asleep on me, Mr. Johnston’ or ‘if you just hit one of us you would expedite the situation, Mr. Johnston’). Other than those occasions there were constant early morning wake ups (their exasperation showing) and a constant seizing of blankets and sleeping gear. The garbage that is referred to in the ‘Mischief’ charge were my cardboard houses (which I built about 16 of because of the weather and lack of blankets- each, subsequently, taken down each morning by PCC staff- the strewn garbage was my house, a convulsion one morning caused it to explode all over their backyard- then for a couple more occasions I thought it was a good idea).

 

   So, this is where we are at, now, today. Putting me in jail is not justice. Justice is doing right regardless of consequence. Be it the last judge’s fear of anarchy, or not, because without justice order cannot exist.

 

   Thank you.

 

   Patience be with you.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

Hatrackman@Yahoo.com

 

https://www.angelfire.com/apes/hatrackman

 

<<< That's it. We'll see if it has any affect at all.

Otherwise I see a sentence longer than 3 days.

 

travel well, all.

 

David

 

 

St. Ann's update- Tuesday (January 25th, 2005)

 

-

 

OK. Just had my first poo after a 4 day fast. Got new shoes. See myself going and getting arrested again Thursday night. May this fourth breach instill in the judge a sense of seriousness. May the courts and the crown rise up out of their mafia-like contentment. May the courts and the crown begin to desire truth. The future will be what it will be and nothing can ever change that, ever.

 

in love,

 

David

 

 

St. Ann's update- Friday (January 28th)

 

-

 

I breached for the 4th time last night. I wasn't expecting news cameras for this part, though they were there and the cops were very polite (though, they've been polite for a while now).

 

So, I return to the courthouse on Feb. 11th, 2005, at 9:00 AM- to plea and face sentencing- at this point I don't even know if I will plead anything as the one asking me to works for the mafia (the queen), though we shall see... I will not be returning to St. Ann's at least until after the 11th of February.

 

until later, patience be with us,

 

David

 

 

St. Ann's update- Saturday (Feb. 5th, 2005): Riding the Airwaves III

 

-

 

A few days ago I gave an over-the-phone interview to a friend in Montreal. Apparently, it aired this last Tuesday and was very well received. My friend heard good comments from many people. It will air again on Monday (Feb. 7th) and then as part of a national broadcast that runs from sunset on Feb. 14th to sunrise on Feb. 15th (Montreal time). This 'Homelessness Marathon' will be aired on over 20 different community and university radio stations across Canada. The interview is also archived on the CKUT website (so my friend tells me).

 

This event originates at- http://www.ckut.ca/homeless.html and from there you should be able to find more information. It will also be airing on the Victoria University station- http://cfuv.uvic.ca/ ... I'm not sure of the tuner frequencies, though I trust they're not hard to find.

 

... and a reiteration- I will be going to court to face sentencing for the fourth breach of the 'Mischief' conviction that I did not agree to or sign on Feb. 11th at 9:00 AM in the Provincial Court of BC in Victoria, BC.

 

Have good days.

 

David Arthur Johnston

 

 

St. Ann's update- Sunday (Feb. 6th)

 

-

 

Hello. This is a link to the interview given for the 'homelessness marathon'- http://132.216.18.132/download.php?date=20050201&start=17%3A35&end=18%3A00&codec=mp3&kbps=32&stream=stream

 

I haven't heard it yet. If you listen to it could any please report back as to how it went?

 

cheers,

 

David

 

 

St. Ann's update- Thursday (Feb. 10th)

 

-

 

There is an ultimatum facing the British Columbia Provincial Court. Having been put into a position where, justice being served, they must make a formal and official public statement regarding the fact that it is unlawful to wake peaceful sleepers on 'public access' private property or, justice not being served, put me in jail where I am prepared to not eat until I die.

 

By not presuming conscientiousness in my ability to sleep, those who would wake me in the name of 'private property' only do so out of spite, and therefore are not justified in their act. So, understanding that freedom determines my sanity, I give issue.

 

Yoda almost had it right- not only is there no 'try' there is no 'do' either. Only ever 'being' we

unavoidably be what we are, which is something we've described as 'life'. When we see the world through this truth we move without worry of fear or resentment knowing that if something doesn't shine with the patience to communicate then it simply becomes our responsibility to shine so as the other might see.

 

Love wrote the script and gave itself the grandest adventure. Life's ego is love and we are alive.

 

Patience.

 

 

St. Ann's update- Tuesday (Feb. 15th, 2005)

 

-

 

I was just released this morning. I'm going to go and get arrested again tomorrow (probably night). I will not be signing the 'interim' conditions that wait for the sentencing so they are probably going to hold me until sentencing (anywheres between a couple of days to a week) and then probably get 'time served', though we shall see. Then, of course, I'll breach again.

 

The judge suggested that I officially appeal the case- I would suggest that each breach is an appeal.

 

Taxes support the mafia. Please stop paying taxes and rent.

 

Love,

 

david

 

 

St. Ann's update- Wednesday (Feb. 16, 2005)

 

-

 

Alright. All official and stuff.

 

Tonight (Feb. 16th, 2005), probably around 10:00 PM, I will be breaching the 'Mischief' conviction for the 5th time. Since the sentencing for the 4th breach was the same as the 3rd (1 week) it seems the 'crown' is attempting a 'prolonging' strategy. So, to counter, it means I will no longer be signing the 'interim' conditions that exist between the arrest and the sentencing date, which means they will be holding me until sentencing (which could be anywheres between immediately to a couple of weeks- I presume less than a week). I also presume that, at least for this time, the sentencing may end up being 'time served', though, either way, I will be breaching again not longer than 1 night away. This is, again, presuming that the courts will not be treating the breach as an appeal (which would mean giving due consideration to the entire reason this is happening and giving an official ruling stating that it IS unlawful to wake peaceful sleepers on 'public access' property), in their apparent arrogance.

 

What may end up happening is this- not eat for 4 days; eat for 1; not eat for ?4-7 days; eat for 1; not eat for ?4-7 days; eat for 1; not eat for ?4-7 days... etc, etc.

 

Though, we shall see. We shall see... onward to tonight.

 

Patience be with us all.

 

David

 

 

St. Ann's update- Friday (Feb. 25th, 2005)

 

-

 

Again and forever, patience be with us all.

 

I was sentenced the day after the 5th breach. I was given 14 days, which means 10 days in jail. I did not eat for the duration, drinking about 2 cups of water a day. I lost about 15-18 pounds. The previous fast compounded this one. Am feeling quite weak. Just released this morning.

 

Yesterday I gave a taped telephone interview to a sister at CBC Canada. Went well. She was taken aback by the extreme and clear views about what is going on here and in the world. I don't know if or when it may be broadcast, yet.

 

Anyhoo, I expect I'll be breaching again either Monday or Tuesday. I'll write another update beforehand. I presume the sentence may be two weeks or more. I don't know what else they could conceive of.

 

I guess we'll see.

 

in life,

 

David Arthur Johnston

 

 

St. Ann's update- Sunday (Feb. 27th, 2005)

 

-

 

Hello. I expect I will be breaching again on Monday night (it seems to be the routine) and hope to deal with it fully the next day. We'll see if there is going to be a period of holding so as to wait for a judge. I am weary of duty council. I'm not going to guess what the outcome will be.

 

I've written up a little thing that I will get the judge to read, if I've the opportunity. The following is a copy-

 

*********

 

An appeal to whomever is presiding the sentencing of my 6th breach of the court order to not return to St. Ann’s Academy, which was given as a sentence to a ‘Mischief’ conviction that occurred on Dec. 21st, 2004.

 

-

 

This is not a simple breach. It is not the insult of contempt. I did not tie myself to the conviction and therefore, in my eyes, this is still the same trial.

 

I see that for there to be justice in my case the courts must understand that 'to act within the bounds of conscientiousness' one must give trust. I was not trusted to sleep conscientiously, so, even before the notice of a possible infraction of faith on my part, there has been a crime (spite in the name of 'property value'), therefore I should not be going to jail, but should walk free knowing full measures are being taken to address this situation.

 

Peace and patience to us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

Hatrackman@Yahoo.com

 

Journal of the Occupation of St. Ann's Academy (Victoria, BC, Canada)- https://www.angelfire.com/apes/hatrackman/welcome.htm

 

*********

 

We'll see how far it get's me. Other than that... it has been a nice last couple of days. I know almost way too many good people. My digestive system has not escaped unwounded, though.

 

So. Love you all.

 

in all wonderfulness,

 

David

 

 

St. Ann's update- Tuesday (Mar. 22, 2005)

 

-

 

Lighter and in good spirit.

 

On the 1st of this month I was sentenced to 30 days in jail (so, doing 2/3rds time, I did 20 days. I was released on Sunday morning).

 

The fasting did deplete me somewhat. I lost about a pound and a half a day. From 165 to 142. Was put in 'segregation' for the first 17 days, then to a general population cell with a tv (I really got to appreciating the sensory deprivation of the 'hole'- gave me lots of time to think about what I was going to do when I got out- and think about food, tasty tasty food, then remind myself of patience, read some trashy ww2 spy novel, rest, read, rest, think about food, remind self of patience, think about the future... etc, etc... repeat over and over again for 17 days, 23 hours a day. A very interesting process, all in all.

 

My mom came to visit me. Hadn't seen her in about 4 years. It was pretty good. My family is so fantastically magnificent that it has to make up crazy dramas just to keep itself occupied. She left me a bottle of Bailey's (purely medicinal reasons), so I've been embracing the island spirit.

 

As soon as I was released I had the opportunity to throw together a little flyer thingy that I'll be flinging around for the next week (as I intend to return to St. Ann's next Monday night, the 28th). I'm forwarding a copy of it and will also post it on the web at- https://www.angelfire.com/apes/hatrackman/7thbreach.htm

 

(before I made copies I put a heart in the box on the left of the words and a 6 pointed 'star of david' on the right)

 

I've also had good friends distributing these around (bulletin boards and stuff)- It's been quite wonderful since I got out, really... so onward...

 

I wouldn't be surprised if I make one or two more updates before now and then (we'll see).

 

much love and blessings,

 

David

 

PS: My dreams have been really good.

 

(the attachment-

 

The ‘right to sleep’?

Stepping towards social justice. Exposing the tyranny of the ‘crown’.

 

All movement exists by the grace of God

(therefore pride IS a lie).

-

You have no beginning.

-

Patience be with us all.

 

 

The story, thus far: I don’t use money (as it, unavoidably, supports a prideful construct). I sleep outside (primarily in Beacon Hill Park, at least until this adventure). In the months leading up to the end of 2003 the number of ‘deterrent events’ was increasing with condescending and threatening police and grounds-keepers hunting out sleepers, and the application of ‘bum-away’ (undiluted fertilizer- ground up fish) on known sleeping spots. Added with the winter conditions, my fatigue brought with it a consideration that my innocence was not being ‘presumed of’ in my ability to sleep conscientiously. So, I was inspired to take issue.

 

On January 16th, 2004, I began a campaign of occupying the grounds of St. Ann’s Academy (what is now the provincially owned offices of the Ministry of Advanced Education) in an attempt to get arrested for sleeping in a ‘public-access’ area (as there is no such thing as ‘public property’) so as to challenge the ‘crown’ and get a judge to make a ruling on the ‘right to sleep’; to make an official and public statement acknowledging that it is unlawful to wake a conscientious sleeper on ‘public access’ property. Though, instead of being given ‘due process’ (which, apparently, is a right) the powers that be intensified their ‘move-along’ tactics. Some of the more notable being the fifteen nights in city cells, 6 times being driven out of city limits, the 20 consecutive nights that the province hired a security guard with the express purpose of not letting me sleep (standing above my head with a flashlight in my face, clapping hands, saying things like “If you just hit one of us, Mr. Johnston, you would expedite the situation, etc…) and a number of blankets and a couple of very nice flutes stolen.

 

In mid-October I began constructing single-sized cardboard houses (tidy and out of the way- took about 2-3 hours to make each night- they tore it down every morning). After about the 10th one I was inspired to remind them that I was there and, instead of leaving it ‘as is’, I threw it all over their backyard (inviting a littering ticket). Mayhaps, this was the catalyst that lead to the arrest on Nov. 4th, and subsequent conviction, on Dec. 21st, of ‘Mischief’. Telling the judge that I would not sign a condition to ‘no go St. Ann’s’, the judge gave me one, anyway. I did not sign and returned that evening.

 

On Sunday, March 20th, 2005, I was released from jail after serving 20 days (losing 23 pounds- I do not eat in jail) for the 6th breach of that condition. I will be returning to St. Ann’s to breach for the 7th time on Monday, March 28th, 2005, around 9:30- 10ish PM. I will face a judge the next morning in the courthouse. Up until now I have been pleading guilty, though now, seeing my accuser as a fraud, I will not be pleading anything.

 

I believe this action deserved of support, though of what kind all I can say is meditating on patience brings the wisdom to maintain our true sanity.

 

In love and truth,

 

David Arthur Johnston

 

Victoria, BC, Canada   -   Hatrackman@Yahoo.com

 

Journal of the Occupation of  St. Ann’s Academy- https://www.angelfire.com/apes/hatrackman/welcome.htm

 

 

St. Ann's update- Saturday (March 26th)

 

-

 

 I expect this will be the last update for a wee bit.

 

   It's been pretty busy around here. Friends lent me a staple gun and staples so I could do a bunch of postering. And apparently I've good friends out there who've made copies and have been putting them around, as well.

 

Friends of mine have put together a website all about the 'right to sleep'. There are many video clips. It's a very engaging site. http://loveandfearlessness.com

 

alright- so... Monday night. Around 9:30ish PM. Should be an adventure. We'll see if the judge will accept the onus of providing justice. We'll see if the court will sacrifice the 'crown' to so as to not implicate it's self. we'll see...

 

in patience,

 

David

 

 

St. Ann's update- Sunday (Mar. 27th)

 

-

 

Hello all.

 

Tomorrow, Monday, March 28th, at 1:00 PM on the University of Victoria's radio station ( http://cfuv.uvic.ca - 101.9 FM).

 

Broadcasting live, I will give a summary of what's going on with St. Ann's and the 'right to sleep'. I'll be plugging Andrew's new website ( http://loveandfearlessness.com ) that has a number of video clips- all or in part on having to do with the 'right to sleep'. I will also plug a feast that some friend's are having out in front of the Open Door at 4:00 PM tomorrow.

 

Maybe I'll play it like the 'crown' is listening.

 

anyhow... Back to work tomorrow night. Travel temperately and love freedom.

 

David

 

 

St. Ann's update- Tuesday (March 29th, 2005)

 

-

 

So... Monday was a lot of fun. Did a radio interview at the university (it will probably get put on the http://loveandfearlessness.com website soon). The feast my friends put together went well.

 

The arrest for the breach of the 'no go' condition happened last night at about 10:00 PM. I was released from custody Tuesday (today) afternoon after signing an UTA (undertaking to appear) to not go back to St. Ann's until, at least, the 25th of April, where I will then return to the courthouse to tell a judge that I am not going to plea anything- then they will treat it as a 'not-guilty' plea. Hopefully not longer than a month away from that there will be a trial where I will be presenting evidence and maybe have a witness or two to present the argument that the 'Mischief' charge would never have happened if the 'crown' were to give 'due process'. I expect the charge will be 'stayed', though we shall see...

 

In the meantime I will be campaigning as much as I can- we'll see what can be come up with...

 

Thank you and love you all. Patience brings success. It's not far now, please hold on a bit more. Thank you.

 

David

 

 

St. Ann's update- Monday (April 25th/ 2005)

 

-

 

Good day, all. Long time no updatey.

 

Many many crazy interesting things have gone on in the last few weeks. Firstly, though, the business at hand.

 

I went into court this morning with my lawyer (William Geimer- a, seemingly, competent and genuine fellow) and told the court that we wanted an 'arraignment' hearing in two weeks- this is so the 'crown' can find someone familiar with the case, to finish off with it. It is also a chance for my lawyer to begin questioning those involved (police, security companies, province and maybe the 'crown')- he also wanted time to figure out how many witnesses we may be calling. I did suggest that the particulars of the torture did not NEED to be followed, as the first offence was that the 'crown' did not give 'due process' in the first place.

 

Giving the court one last chance to enact justice, I remember prudence. So, on May 9th (two weeks) at 1:30 PM, probably in courtroom #101 the plea of 'no plea' will be entered and a trial date set- which my lawyer suggests will be within 4-6 weeks (mid-June).

 

I also might be getting arrested later today for sitting with a sign--- we'll see where that goes.

 

anyhoo...

 

love you all.

 

David

 

 

St. Ann's update- Thursday (April 28th/ 2005)

 

-

 

Re-cap and new info-

 

The 'arraignment' is on May the 9th at 1:30 PM. It is there that I will plea (a non-plea) and my lawyers and their's can give the court an estimate on how long the trial will be (based on what kinds of evidence needs to be shown, witnesses and lines of questioning, etc...). Then we'll get a trial date which my lawyer suggests will not be more than 4 to 6 weeks (mid to later June).

 

There is a good man, an Anglican priest (which is very interesting because the paradox that exists cannot be indefinite. Re: my success means the revealing of the corruption of the 'crown', which is the head of the Anglican Church) who has shown great interest in helping the best he can. So... is he a very good spy and this is all an elaborate set-up to distract or is there about to be a revolution within the Anglican hierarchy?... We shall see... He's offered the use of his computers and suggested having a contingent of priests at the trial... I told him the greatest support is going to be needed for after the trial- the tent-city is going to be a most beautiful battle ground.

 

... and I got to dance like a mad dervish on 'Earth-day'.

 

... and I didn't get arrested for sitting at the Causeway- They seem to just be asking me to move my sign and I tell them no, then they go away. We'll see what happens with that...

 

... when I was in jail I had a dream where Victoria was like Helm's Deep. and all the hippies and good people were on the walls facing the hordes of demons and vampires intent on us. Men with swords and ladies with babies rushing to the stronghold while being chased by really slow slug/pig/humans... (never forget that slug/pig/humans are people, too)...

 

anyhoo.

 

Patience and love.

 

Apparently the campaign begins May 9th, 2005.

 

David

 

 

St. Ann's update- Monday (May 9th, 2005): trial date confirmed

 

-

 

Much further away then I was expecting/hoping. Maybe I am completely weak and insane. Maybe it would be best for me to be absolutely shunned. This takes so much. I will be seeing it through, of that, please, have no doubt. The night after the trial I will be at a tent-city or I will be back at St. Ann's or I will be in jail or 'indisposed of' involuntarily some other way (presuming, of course).

 

The trial date is September 23rd, 2005, in courtroom #202 at 2:00 PM. I beg, wish me patience.

 

I will be approaching my new Anglican priest friend to see if the hall at his church could possibly be used to hold something like a pot-luck/forum on the 'Right to Sleep' (we'll see what can be done with the 'queen's' picture that guards the front entrance). When I have more information I will be putting together a flyer (I presume)... so until then...

 

I hope you all are well.

 

This trial signifies an end of this campaign. For something so important I can wait 4 months. 4 months is not long to wait for an assurance of the court's intent- though, who knows, maybe the court's intent will become articulatably obvious before then... who knows? Apparently, 'across the board' prohibition IS fascism.

 

in peace and adventurous life-long mental ninja battles with myself (who is 'all life', too),

 

patience is with us all,

 

me

 

David

 

 

St. Ann's update- Monday (May 16th, 2005): pot-luck date confirmed

 

-

 

Hello and good day to us all. I have no doubt that patience is with us.

 

The rector of St. Saviour's Anglican Church, Father Antonio Osorio, has graciously volunteered his church's Parish Hall (located at 310 Henry St, Victoria, BC- going towards Esquimalt, across the Johnson St. bridge, then first right after the skateboarding park, then about 1 block, on the left) to host a pot-luck for those concerned with the 'Right to Sleep'. On Friday, June 17th, 2005, starting around 5 or 6 PM, we will gather to discuss what to do about the suppression of our 'right to sleep'. There will be speakers. There will be video clips (as we've booked a digital projector). Lot's of Q (and hopefully some A).

 

I believe it to be a natural phenomenon, that when right is not given it will be taken. Embracing patience, this process will maintain peacefulness.

 

Nearer the beginning of June there will be a flyer made up to announce this pot-luck. I hope to see y'all there.

 

in perpetuum,

 

David

 

PS: If any have problems with the queen, don't worry, her picture was taken down from the entrance to the church.

 

St. Saviour's Anglican Church- http://www.onlineeditingsystems.com/StSaviours

 

 

St. Ann's update- Saturday (May 28th, 2005)

 

-

 

Hello and good day, all.

 

I've written up a flyer for the potluck. It is the following, with prominent words accentuated.

 

> 

 

This is a flyer for this POTLUCK my friends and I are having for people concerned with the RIGHT TO SLEEP (or more to the point, under the government that people pay taxes to, the lack of it). On Friday, June 17th, 2005, at St. Saviour's Parish Hall (1 block down from your first right after the skateboarding park, going towards Esquimalt from downtown Victoria via the Johnson Street bridge) starting at 6:00 PM. It will be mildly informal (mayhaps with the assistance of a digital projector) and deal with general attitude and current policies that revolve around people sleeping outside, with suggestions of ways to counter any naive injustices and news about current actions (ex. the Occupation of St. Ann's Academy) on this issue. 'Red herrings' and 'agent provocateurs' are welcome (it's always good to practice) as patience will be in the house.

 

This is made possible by the generosity of the rector of St. Saviour's, as he's volunteered the space, by passionate friends that see this is about everyone's freedom, and by you, the bringers of little bits of tasty food that amount to a giant feast when put all together.

 

I think it may be fun. Please come take issue and enjoy fellowship. Thank you.

 

-

 

Contact email (me- David Arthur Johnston)- Hatrackman@Yahoo.com

 

Interactive documentary on the 'Right to Sleep'- http://loveandfearlessness.com

 

> 

 

 

yup- that's it.

 

So, I would imagine I'll wrangle up as many copies as I can and start posting them anywhere conscientiousness dictates in a mad media blitz that will put the 'pros' to shame.

 

other than that- have I mentioned that i was arrested for writing chalk (soapstone, actually, even less durable than chalk) on the sidewalk on Yates and Government. They held me for 6 hours then released me. For some reason it seems that when one is not afraid to be prosecuted the accusers are less willing to prosecute (sometimes resorting to 'dark' activities)- it's like a sort of torturous 'diplomatic immunity'... anyhoo.

 

Things continue. The http://loveandfearlessness.com website has been wonderful and evolving.

 

The potluck might be very cool- I look forward to it.

 

alright.

 

have good days

 

me

 

david

 

 

St. Ann's update- Monday (June 13th/ 2005): 4 nights till the potluck

 

-

 

It looks like everything is a 'go'. I imagine there will be more than ten people coming... I think maybe even a few more, as we seem to have a natural ability to promote this). Friend's have put together a documentary that they seem quite satisfied with and we'll have (at least) a TV and dvd player to watch it with, if not a digital projector that may magically manifest itself...?

 

I'll be writing up (hopefully the only flyer following will be the one for the 'remembering freedom worldwide party' which probably not be too long following) one last flyer for the trial on Sept. 23rd and hope to have a few to pass out at the potluck- it will (I presume) outline where my lawyer and I stand and maybe an indication of how serious the PCC is taking us.

 

I think maybe I've had some dreams about this night. I would have everyone, by chance or fate, come.

 

in patience and freedom,

 

David

 

 

St. Ann's update- Tuesday (June 21st/ 2005)

 

-

 

Hello and sorry I didn't get back right after the potluck (that happened last Friday 17th).

 

It went so well. About 20 people showed up, from many corners, bringing a large meal consisting of many wonderful and delicious foods. Antonio (the rector of St. Saviour's) suggested we do it again mid-July, concentrating on getting as many 'community leaders' to attend. I will get more info soon, I'm sure. The documentary was to the point and entertaining.... it was a very nice night... It made me very happy- lots of good things said and lots of productive 'networking'. My lawyer gave a very articulate description of what was possible (in determining the 'right to sleep') though legal means.

 

I wrote up a flyer to give away for it- I'll P.S. it (a good copy can also be found at- https://www.angelfire.com/apes/hatrackman/lasttrial.htm )

 

Anyhoo... where ever any of you may be, you're ready for a trip to the island. the next potluck, I presume strongly, will be heightenedly productive (as i trust this is exactly how to dethrone tyrants and reestablish freedom).

 

There has also been a new website put up that ties with the last one- http://therighttosleep.com .

 

love you all.

 

To justice. To peace. Patience be with us all.

 

love,

 

David Arthur Johnston

 

PS:

 

How YOU can help determine the RIGHT TO SLEEP

 

-

 

First and foremost think on patience because the task at hand is monumental. Seemingly, not something that petitions, nor politicians, are going to remedy. The root of the problem lies in the ‘crown’s’ inability to presume innocence (indicated by it’s sanction of ‘across the board’ prohibition).

 

As it stands, it is illegal to sleep outside on public access properties (there is no such thing as ‘public property’) and anyone who does so faces the indignation of the system of governing that people pay taxes to (it is interesting to note that this system apparently would rather not prosecute those who’re not afraid to be prosecuted. Relying, instead, on tactics of abuse and torture).

 

After almost a year and a half of campaigning to have the RIGHT TO SLEEP determined (to have a provincial judge acknowledge that a person can sleep and be conscientious simultaneously and therefore make a ruling that on all provincially ‘owned’ public access properties it is lawful to act as a conscientious member of the public may), one conviction and seven breaches later we’ve come to a head. On Sept. 23rd, 2005 in courtroom #202 (BC Provincial courts, Victoria) at 2:00 PM the court will have one last opportunity to prove itself a just body.

 

Some ideas for what you can do:

 

-spread the news.

-help by simply showing up at the trial and other ‘like’ events.

-support those who can act where you may not be able to.

-acknowledge the corruption of the ‘crown’ and pull support from it.

-humbly and politely give no authority to the police (not fearing prosecution or death).

-desire justice, meditate on patience and follow your own inspirations.

-and when the tent-cities bloom love them, cause a lot of deluded people are going to hate them and they, sometimes, may seem, very much, like the front lines of a war... thank goodness for patience...

 

It is good. Have no worry because each of our sanities is dictated to by our acknowledgement of truth (A.K.A. persistent belief in a lie makes one crazy). This is why good always wins. Patience be with us all.

 

For more info contact me (David Arthur Johnston) at- Hatrackman@Yahoo.com

 

Journal of the Occupation of St. Ann’s Academy (Victoria, BC, Canada)- https://www.angelfire.com/apes/hatrackman/welcome.htm

 

Interactive Documentary on the ‘Right to Sleep’- http://loveandfearlessness.com

 

 

St. Ann's update- Saturday (July 2nd/ 2005)

 

-

 

quick quick

 

good day all. blessings all round.

 

All things remain on schedule. I've been telling people I'm confident that there will be a tent-city on or before Sept. 23rd (maybe at St. Ann's)... so, we'll see...

 

The next potluck is set for July 29th, 2005. Padre Antonio seems passionate about getting many community leaders and such to attend so this one may be a bit bigger than the last. I'll do up a flyer soon, within the next week, I presume.

 

Other than that- things have been adventurous here. I seem to be, more and more, grooving to the inevitable is-ness- having less and less concern for any want of control I am being blessed with knowing what it is to be an actual real live wizard- so it's been pretty cool, actually. Apparently, 'the times they are a'changin'.

 

Patience be with us all.

 

David

 

 

St. Ann's update- Thursday (July 7th, 2005): 2nd Potluck

 

-

 

Good day and blessings.

 

I've done up a new flyer for the upcoming potluck on the 29th. I'll put it below in rough form and the link will be operational not long after (you will be able to find it at https://www.angelfire.com/apes/hatrackman/potluck2.htm ).

 

here it is (The flyer essentially is just an article with accentuated lettering. ex. the word 'POTLUCK' is the largest font- you'll see what I'm talking about when I make it into it's webpage- it's centered and has a double line border)-

 

---------------

 

You're beautiful and everything is all chill and wonderful. That said, apparently the 'crown' is a tyrant that, in having no clue how to presume innocence, harasses, brutalizes and terrorizes those who would be so childishly uppity as to think they have the right to sleep conscientiously on public access property (there is no such thing as 'public property').

 

Steps have been taken to remedy this incongruity.

 

A POTLUCK and 'Right to Sleep' information night has been scheduled for July 29th, 2005, at 6:00 PM. It will be held at St. Saviour's Parish Hall (a rebel Anglican church), 310 Henry Street- 1 block down from your first right after the skateboarding park, going towards Esquimalt from downtown Victoria via the Johnson Street Bridge.

 

The queen might want to be stepping down off her throne as we may need it for firewood.

 

Peace and Patience be with us all.

 

-

 

Contact me (David Arthur Johnston) for more info- Hatrackman@Yahoo.com

 

Interactive Documentary on the 'Right to Sleep'- http://www.loveandfearlessness.com

 

 

-------------

that's it.

 

After making over a hundred copies I noticed that I didn't give the day- which is Friday.

 

We'll probably be showing the same documentary (with a couple of edits, maybe) with a nifty digital projector thingy... cool.

 

anyhoo.

 

later skaters

 

hope to see you there... what an excellent reason to come visit the island...

 

cheers and love,

 

David

 

PS: thought you could get away without any brainwashing, eh? We'll don't count on it- All motion is a singular lifeform. there ya go- k- travel wells,

 

me

 

 

St. Ann's update- Saturday (July 30th/ 2005): alrighty then...

 

-

 

The potluck fulfilled preconceptions of success. Much fun. It was cool and chill, listened to the 'Be Good Tanyas' and munched on real soul food (kick ass stuff, really). Showed the short documentary on a large screen, then had a good moment of articulating well (enjoying a moment of good seriousness- pointing out the shame of contentment with any fear).

 

Apparently, Antonio has asked us back to show the documentary to his parishioners (Sunday at 10:00 AM, St. Saviour's). They may take interest in the fact that the head of the Anglican Church is a fraud... we'll see if it comes up...

 

anyhoo, I don't expect to be writing, that much, until the trial, so, until next time, may you see the inherent nature of all 'disharmony'.

 

Patience be with us all.

 

David

 

PS: There is a Rainbow Gathering happening up near a place called Gold River, running from August 10th to the 25th (full moon is on the 19th). I might check it out- might be important.

 

PPS: I was also arrested at the harbour for doing my thing. Sitting with a sign that has a 'no money' symbol and says- "Fate is absolute (pride is crazy. We follow inspiration, we don't make 'choices'). Patience transcends doubt." No charges, of course. Apparently, the Harbour Authority is going to try to pull a 'St. Ann's'... we shall see... maybe I'll jump back into that pool on Sunday or Monday...

 

k- have good days,

 

me

 

 

St. Ann's update- Friday (Aug. 26th, 2005)

 

-

 

Hello and good day, all. Many many strange adventures. At the behest of my lawyer I've put together a chronological list of encounters with courts and police on having do do with the occupation of St. Ann's. I find it interesting to see this information compressed as such.

 

There IS going to be a tent-city on September 23rd, 2005, and it may very well be at St. Ann's Academy, unless the court suggest a more practical spot to plant this seed... I hope to take a map with me to court. It's going to be the most beautiful thing a lot of people have ever seen. It is going to be extremely obvious what's going on when you're standing in the middle of it- Babylon dancing it's end.

 

Patience be with us all- here is the 'police and court encounters' list (I’ve omitted this one, as a more current one can be found at the Monday, January 10th, 2011 entry).

 

yup

 

other than that...

 

have good travels and good dreams

 

this mask,

 

David Arthur Johnston

 

 

St. Ann's update- Monday (Sept. 19th, 2005): potluck and doc viewing

 

-

 

Hello. I believe I have something important to say. Please hear me.

 

Patience be with us all. Have no concern whether this makes sense or not, just be happy that patience has already been suggested.

 

Patience is a phenomenon that seems to have gained life, I think even to a literal degree. Consider that we only become afraid or angry because we don't know what else to to. Now consider having every moment of doubt inspiring the word patience to cross your thought. Now consider that it is too late for you to unread this.

 

There is a POTLUCK this coming Thursday (September the 22nd) at St. Saviour's Parish Hall (310 Henry Street- if you're going towards Esquimalt on Esquimalt Rd turn right on Catherine Street and go down two blocks). There will be a documentary shown regarding the right to sleep (or lack thereof) and what's being done to assert it (because apparently we don't got it).

 

Please come. It will be fun and very important (as, on leaving, you will understand how the 'crown' is a tyrant).

 

Namaste and good day.

 

David Arthur Johnston

 

PS: Please let everyone know.

 

 

St. Ann's update- Saturday (September 24th, 2005)

 

-

 

Trial happened- judge will give ruling on Oct. 26th, which means the condition of the last UTA (the piece of paper that I signed to have them not hold me until trial) stands. So I'm not going back to St. Ann's maybe until the 26th of October- though other people went.

 

Three tents this morning- two were taken down to be put up again tonight- one stayed because I think someone was still sleeping, though just had a report that there was a cop van parked right beside it on the grass- some maybe there might be a casualty. Hopes of more tents tonight.

 

I and a few others went to the top of Beacon Hill and set up a couple tents, though half way through the night those tents went down to support the St. Ann's stand (which I think is a really good idea- that this is not about me, but something much larger). So, top of the hill was nice and someone donated a little propane stove (cool... a pot to put water in would be nice, though I don't know if the one we had has survived the morning). The rule of chill seems to be proving it's practicality. We'll see if anything comes from the top of Beacon Hill, though I do think that most focus remain on St. Ann's.

 

Anyhoo, I'm tired and need to meditate, so have good days and if you like freedom come here now.

 

cheers

 

enjoy,

 

David Arthur Johnston

 

 

St. Ann's update- Monday (Sept. 26th, 2005): Court Day change

 

-

 

Hello all. Just got an email from my lawyer saying that the next court day has been changed to TUESDAY OCTOBER 25TH AT 1400 IN COURT 101 instead of October 26th.

 

There has been so much. Things have been busy. Apparently all the cops came then left- apparently the crown has given instructions to not arrest- so the police started with instigation tactics and found that they didn't work- apparently, autonomy is an unprecedented phenomenon budding right now. 3 nights so far. You can come get some sleep. You can come get some food. You can come experience autonomy (almost autonomy- as I won't go on the grounds until my condition is lifted).

 

This freakin' thing has a life of it's own. Come and check it out.

 

in breath and laughter,

 

David

 

 

St. Ann's update- Saturday (October 1st, 2005): miracles and dancing

 

-

 

Good day all.

 

Tent-city thriving to the chagrin of the province. The Provincial Capital Commission attempted to get an injunction on Friday (yesterday) and the court is reserving it's verdict in this until Monday. People seem to not see any difference between getting arrested for 'Assault by Trespass', 'Obstruction of Justice' or 'contempt of a court order' while being on the grounds of St. Ann's as it will only mean an arrest for asserting the 'right to sleep'; an arrest for not adhering to a corrupt governing body that claims due process is a right yet doesn't give it.

 

It would be nice if the courts would look on the other side of the matter and acknowledge the criminal behaviour of the PCC and order it to begin reparations by relinquishing the entire St. Ann's property and all of it's buildings. We shall see...

 

anyhoo, I continue to not step on the grounds, honouring the condition to wait until my trial process is over- an interesting dynamic. It seems I'm only needed to return on October 25th, otherwise just suggesting patience from the sidelines--- it is good that I'm not there right now. It shows that it is not about me, which is good because I'm tired of talking about myself.

 

k

 

love you all

 

patience be with us all

 

David Arthur Johnston

 

 

St. Ann's update- Wednesday (Oct. 5th, 2005): crazy magic

 

-

 

'OPERATION: Dancing God' rolls onto it's 13th or 14th day and proceeds as it only can. Big magic starting at 11:00 AM today (Wednesday, Oct. 5th, 2005) with a lunch being put on by the people living at St. Ann's. Apparently, 12:00 AM brings the threat of arrest if they don't go (same threat since day 1- just different name, an 'injunction').

 

There is a good article in today's Times Colonist (a Vic. paper- on the net) in the Capital section.

 

We'll see what happens- I intend to go back no later than Oct. 25th... we shall see...

 

OOh, ya- There is also a screening of the documentary at St. Saviour's (310 Henry St.) tonight 7:00 PM.

 

k

 

love,

 

David Arthur Johnston

 

 

St. Ann's update- Thursday (Oct. 6th, 2005):the park across the street

 

-

 

OK

 

1 person was arrested for not adhering to the injunction. Everyone else moved across the street to a little park (across Blanshard) to set up and wait for the next injunction (if that is going to be the case). It's nice that I get to stay with people now, actually slept a bit longer than usual, feeling noticeably more secure.

 

Though, I still remain under the impression that I will return to St. Ann's on October 25th (or be in jail). Unless there is an acceptable tent-city where I can focus more practical energy... we shall see...

 

It's growing and seems cannot be stopped conventionally by the tactics of the 'crown' and the city. Moment of unprecedentedness has occurred.

 

cheers and come down- if you're a stranger to any general sense of community come and see the one that you've always been a part of yet have been deceived into thinking it didn't even exist.

 

k-ciao

 

me,

 

David

 

 

St. Ann's update- Tuesday (Oct. 11th, 2005): tent-city growing fast

 

-

 

Pretty freaking amazing. Over 30 tents (and growing fast), a kitchen, a tire swing and a straight swing, a bunch of very strong angels and many dancing lessons.

 

Admittedly, it is getting congested and the road is currently a bit close and noisy. We will find more appropriate land to settle in for the winter- a place for toilets and a burning barrel... and the ability to sleep without overlapping conversations throughout the night.

 

in the simple strength that falls the world's entire prideful acceptance,

 

David

 

PS: have no plan and respond, always, in patience- this is the way of Heaven.

 

 

St. Ann's update- Saturday (Oct. 15th, 2005): of injunctions and general strikes

 

-

 

k

 

The tent-city is going to be served another injunction on Monday, Oct. 17th at 10:00 AM. I don't know yet if they are going to arrest immediately or say they'll be back in a day. What makes this interesting, though, is that the teacher's union is having a demonstration starting at 11:00 AM at Centennial Square, where they've invited every other union to join them in solidarity. It's going to be one of those 'big' protests. Mayhaps, they'll take interest in the fact that not only does the government ignore their right to strike that it also makes it illegal to sleep outside... I think it's going to be a wonderful day.

 

So- MONDAY at 10:00 AM- much fun and adventure at the tent-city. MONDAY at 11:00 AM- general strike starting at Centennial Square then walking down to the Legislative Building around noon.

 

k

 

love you all- the 'city' is beautiful- got a nice tent- got sleep- miracle after miracle.

 

k

 

ciao,

 

me

 

David Arthur Johnston

 

 

St. Ann's update- Wednesday (Oct. 19th, 2005)

 

-

 

Well... the unavoidably inevitable invulnerability continues. Pretty cool, actually. Had a loud obnoxious raging drunk guy get angry at loud obnoxious crystal meth guys- he charged threateningly and was turned by a fellow who, not knowing what else to do, relied on violence (drunk guy got a gash in the neck from a hammer blow). The news and papers and police are loving it. They're under the impression that the actions of one are justification to condemn a group- they will find it doesn't work like that.

 

Also- lawyers having fun- last night a group of about 12 law students came to get as many affidavits as possible so as to have something to defend with against the injunction application. Was a bit of an event- gave us something to do. Apparently, the police are slated to come Thursday night or Friday morning or something... just more of the same, really.

 

Seems I have a radio interview on Saturday for an 'anarchist morning show' 10-12. Broadcast out of Nanaimo (the website- http://chly.ca/ ). We'll see if I'm indisposed... anyhoo... have nice days...

 

me,

 

David Arthur Johnston

 

 

St. Ann's update- Monday (Oct. 24th, 2005): tomorrow will be interesting

 

-

 

2:00 PM tomorrow (October 25th, 2005) I'm supposed to find out the verdict for the trial that happened on Sept. 23rd. I conject much on the outcome- I don't think I'm going to jail... we'll see about that, though. Whatever happens the court's stance on the 'crown's' use of torture will be officially brought to light.

 

The Corporation of the City of Victoria's injunction application goes in front of a judge on Tuesday, as well. I would imagine, if everyone doesn't get arrested, that the camp may move. I like the idea of just going back to St. Ann's.

 

The radio interview (with Nanaimo university radio) went well- much consideration of the current state of affairs and the nature of anarchy... pretty cool.

 

anyhoo... hope I'm writing another update tomorrow.

 

and again and again and always and forever- we shall see...

 

in the ultimately efficient nature of love working it's consciousness through the phenomenon of patience,

 

me

 

David Arthur Johnston

 

 

St. Ann's update- Tuesday (Oct. 25th, 2005)

 

-

 

ok...

 

I was found guilty and told to return Friday (Oct. 28th) at 2:00 PM for sentencing. My lawyer did well and I suspect that I will not only not be going to jail but the PCC may be facing criminal charges (to some degree).

 

The injunction application was defended well and the judge for that will be giving his conclusion tomorrow (Wed. Oct. 26th) at 2:00 PM. Very compelling- making me wary to conject too much as the judge considers ordering the city to assist us while we wait for the camp lawyers to proceed with their charter challenge... we shall see.

 

so... as we perpetually step into the future may we enjoy.

 

in earnest,

 

David Arthur Johnston

 

 

St. Ann's update- Saturday (Oct. 29th, 2005): lots of work being done

 

-

 

OK.

 

Yesterday morning (Friday) police came and stole whatever stuff that people couldn't carry- then apparently, because we had no more stuff we weren't violating the injunction so there were no arrests.

 

At 2:00 PM Friday I was sentenced to a conditional sentence (ridiculous- community hours and such)- I refused to sign- they held me- asked if I would sign again- I refused again- then they released me anyway saying that the conditions still stood- so I am in contravenance of my probation right now as I did not report immediately to a probation officer after my release. Apparently, I may be arrested anytime, now.

 

The tent-city has migrated to the court house lawn (on Quadra and Courtney)- a few large tarps, 4-5 tents and the kitchen sink. Police came last night to say that they would be back in the morning to give tickets and steal stuff- they said 7 AM. One truck drove around at about 9:30 AM. They're trying to read our intentions, and we, theirs. It is a prime location- in their face, between a cathedral and the court house- we recognise that the tent-city will not evolve past a certain point as long as we are the target of this naive fascism that pretends to rule this town. So, we bring the fight to them. Patience be with us all.

 

Anyhoo, I'm at the library and am anxious to get back, so... love you all- this IS a cause with true purpose and people begin to see.

 

Viva la sleepers.

 

Good day and blessings,

 

David Arthur Johnston

 

 

St. Ann's update- Sunday (Oct. 30th, 2005): mayhaps the last update

 

-

 

Let's see...

 

I was arrested for 'Obstruction of Justice' yesterday, released agreeing to return to court December 29th (no conditions). 2 others were arrested for 'Assault by Trespass' and released with the same return date. The camp was attacked by police. Big media hoo-ha. People are tired.

 

My lawyer will be beginning the appeal process tomorrow (for the mischief breach condition breach). In the meantime I've intention of returning to St. Ann's tonight to face a 90 day sentence of fasting in jail. The court moves without benevolence and is therefore without authority. May all see.

 

The 'fundamental principle of justice' suggests there is an absolute truth. The rule of law suggests truth is arguable. This is the Canadian constitution. Does a society have the right to be spiteful, ever? People think that if a person 'chose' to not comply with the status quo that they condemn themself. I say have pity on those who think acceptable a status quo that would see parks protected from sleepers by assholes that steal and brutalize. This is where we are at. If the cure is to stop paying taxes will you? If the cure lies in the understanding that you do not have the right to be afraid will you meditate on that suggestion? If the cure lies in the complete fall of the Canadian government will you step up at all cost knowing anything less is contentment with hellish fascism?

 

The tax payers are directly responsible for the maintaining of this insanity. May we forgive them, even when they continue to shit on us. Patience be with us all.

 

in fate and patience,

 

David Arthur Johnston

 

 

St. Ann's update- Tuesday (Nov. 8th, 2005): is fear of anarchy your excuse?

 

-

 

I empathize with our sympathies. I will talk to you knowing, however much I love you, that you have no right to be afraid. Pride's mind would not stop raping until all life is dead. To ignore the fact that pride is an atrocity is to invite Hell; is to allow fear and anger have common purchase (when they need not).

 

Your precious Queen does not care unless you bow down. Your rents and taxes are paying the world's vampires, maintaining a world bent on destruction. Where we don't even get the pleasure of eternal slavery, but complete death of all life on Earth.

 

I don't want you to 'choose' peace because I know we don't make choices. My inspiration comes from the want and hope to inspire you, because all these things I have been saying are true; because 'anarchy' is the code word for the world of glorious efficient trust and it is upon us.

 

May we all grab the first integrity. Apparently, we are not made to destroy ourselves. The nest of patience is where 'Shiva' lives, with the ability to have infinite conversations at once.

 

... and- spent 8 days in jail, charged with time served for breaching the breach- got out- going to get the conditions stayed until the official appeal (on March 6th, 2006).

 

This Friday Friday Friday St. Saviour's is hosting a 'homelessness' forum (6:30 PM I think). Mayoral candidates and Mayor invited, we'll see who shows.

 

Don't worry, every thing is under control- the 'Creation' IS 'Creator'.

 

yup.

 

Have good days,

 

me

 

David

 

 

The Dark Wizards of Mundainia

 

-

 

   Actually, everything is magic. Any thing with the ability to inspire awe has in it something called 'mana'. Even a pen on a table can remind people of the highest truth (the one we desperately push aside as 'wishy-washy neo-cult psycho-babble'- that the infinite construct in which we reside is, in itself, singular and under a rule of consequence- that the 'now' now is determined by the 'now' before... fate, essentially, that all motion is, always will and always has been destined to be the only thing it could ever be. A.K.A. it's all just God undulating in itself--- there is no good and evil, just God, and that's good).

 

Knowing this we need not be afraid. When we're not afraid we can objectively consider that the government actually is the mafia and respond with efficient, courageous, and wise love.

 

If the only thing this (the forsaking of pride and money) does to your psyche is scratch the surface that that is enough- it is highly contagious, the more it is fought the faster it spreads.

 

May any who claim to be 'Christian' step out of the delusion of the church and simply consider why Jesus said, 'Be not proud.'

 

in humility (clear sight),

 

David Arthur Johnston

 

Victoria, BC, Canada

 

Hatrackman@Yahoo.com

 

Home page- https://www.angelfire.com/apes/hatrackman

 

PS: Tent-cities need tents and multiple people not afraid to be arrested. On the 19th of November we will see if we have a new mayor to deal with- it would be nice.

 

 

St. Ann's update- Tuesday (Nov. 22nd, 2005)

 

-

 

Got the particulars of the undertaking I signed to be released until the appeal (which happens March 8th, 2006--- not sure what time). It's what can be expected- a 'No Go' to St. Ann's, be of peace and good behaviour (defying the 'Queen's' law could be said to be good behaviour), and a 1 time visit to the bail supervisor (done- so I don't have to worry about visiting or signing in).

 

We may, very well, have a new location spotted for the tent-city. We don't know for sure, though it is federal land. We will set up when it's time with whatever equipment that we have. We are always ready to accept more supplies (tarps, blankets, rope, poles, burning barrel, food, tea, ideas... etc... anything you could imagine we might need that you have and don't need).

 

I did have a dream where there was a tent-city on Beacon Hill and there was a raging ranting guy- then there were other obnoxious drunks- I carried on past the tent-city to the top of the hill and proceeded to yell and scream in frustration- the yelling turned from just loudness to screaming the word 'Ja' over and over again- then there seemed to be a few bears scattered around (hopefully representative of the strong serious ones giving us their attention). That said- Ideally we would not like to move until we have at least 10 people not afraid of being arrested. We have more than a couple now and open to as many as possible. How do YOU convince people that the 'right to sleep' is synonymous to freedom?

 

I predict we will be initiating within 7 days.

 

in honour, work, and dance,

 

David Arthur Johnston

 

 

St. Ann's update- Wednesday (Nov. 23rd, 2005): staying on target

 

-

 

Ultimately, the target is NOT a tent-city. The target is the mass realisation of fate, as that is the key to objective fearlessness. The problem a lot of people have with fate is that it transcends the idea of 'individuality'... well that's just too bad- nobody gets to be original as far as this is concerned. Deal with it. You want to help the movement of righteousness and justice? Stop thinking you're making choices because you are supremely fooling yourself. Your every thought has been destined to be the only thing it could ever be. You (your ego) is not the originator of anything. Deal with it.

 

There will be no stepping towards freedom if people are determined to hold on to the lie of 'free-will'. This is not a 'David trying to start a cult' thing, I'm just lucky enough to have a simple truth obvious in my head. This is about freedom and justice for the entire planet. There is an absolute truth and off it is measured 'right'. You do not have the 'right' to believe in a lie. Pride could be said to be the only lie as it is the thinking that the 'ego' is an originator of things. When you understand that you can know what not to support. Now ask yourself how far you would go in not supporting a lie. Will you put yourself in a position where holding on to the truth means your death? Means greatest discomfort? The persecution of all your family and loved ones?

 

Life is a fantastic adventure. Live it. We need people not afraid of getting arrested for asserting the right to sleep. Will you help this motion? Will you get behind this?

 

The name 'Canada' represents the same mentality that literally and systematically raped thousands of native children in an attempt to demoralize an entire culture. The idea of 'private property' messes with the feng-shui of nature to a planet destroying degree.

 

Be here now.

 

in love,

 

David Arthur Johnston

 

 

St. Ann's update- Tuesday (Nov. 29th, 2005): new city on Sunday

 

-

 

Sunday, December 4th, noon at Centennial Square people interested in initiating another tent-city will gather to set out to the new spot we are going to set up on. I would imagine the 'crown' will be there in force, or at least follow us to where we intend to set up. If you have treasures you may want to leave them somewhere or you may want to get ready to practice detachment.

 

Ideally, as many people as possible not afraid to be arrested would be best. I would remind people that the 'crown' has no authority beyond the ability to brutalize and torture. I would chastise the taxpayers for naively supporting such a system- it would be better to abandon any endeavour that requires money to simply just not use money anymore. The tent-city doesn't need a book written about it- it needs people not afraid of getting arrested; competent people not afraid of telling obnoxious drunks that they are being obnoxious.

 

Food Not Bombs may be there, though if you've the opportunity to bring high energy food that might be a good idea.

 

I'm doing this, alone if need be. Things have gotten ridiculously out of hand- we're destroying the planet and standing complacently aside while the 'crown' rapes the psyches of any who do not fit the status quo of taxes and rent while the entire time having no clue as to the root of the 'fundamental principle of justice' (which implies that there is an absolute truth). There is no such thing as a 'first world country', and this we will all find out soon enough.

 

in fate, anarchy, and war,

 

David Arthur Johnston

 

 

St. Ann's update- Monday (Dec. 5th, 2005): not supposed to promote 'breaching the peace'

 

-

 

Good day all.

 

So... Sunday at noon a few (20-30) people met at Centennial Square. Food Not Bombs brought some food (bags of chips and a box of fruit). Had (I think) a good interview with CH news (apparently a lot of people saw it, including a few sheriffs and the judge of my appearance today). We walked down to Beacon Hill Park (the gravel soccer fields, in the corner) and started to set up camp. Food Not Bombs then brought a delicious apple crisp to the site. A couple of tents were set up and the fire was going in the burning barrel (on home plate). The fire department came (they said they were called by the police) to put out the fire, physically pushed me out of the way, then sprayed it with the firehose. They left, then we dumped the barrel (which was full of water) on the road then started it again. This time police came and instructed us to start taking things down and to not feed the fire anymore (as the fire department was on their way again). I put more wood on the fire and was arrested for 'Obstruction of Justice', then taken into custody. After I was gone i guess a couple more people put wood on the fire but they were not arrested.

 

Went in front of a judge this afternoon and signed conditions to be released until the 'plea date' (Monday, Dec. 12th), where I will be pleading 'no contest' (as my accusor is a fraud). The conditions were something... the first one is usual- see a bail supervisor upon release (which I did- I'll find out soon if I'm going to be signing in with any regularity) and the second condition is: "Do nothing to aid, abet or promote any breach of the peace and comply with all directions of any peace Officer or Bylaw Officer."

 

Regardless of that last condition I am tired and need to reflect, anyway. I have two trial dates now (one to be found out and one on March 8th).

 

I have no doubt that no ego or corporation is the originator of anything; that no ego or corporation is responsible for anything ever- this being the case we find that, across the board, there is no excuse for resentment or spite, and in knowing this we can shine for those who do not know.

 

The fundamental answer to solving the seeming disharmony in the world resides in understanding why pride is a sin. Until that is understood, en mass, there will be no peace.

 

The 'crown' is a fraud as it is in perpetual violation of the 'principle of fundamental justice'. Until it (the 'crown') recognizes the sin of pride it would be best for all people to no longer give it any authority.

 

Tomorrow night (Tuesday) there is a Homelessness Forum at the James Bay Community Centre. I think it starts around 6 or 7. It may be quite informative.

 

in peace,

 

David Arthur Johnston

 

 

St. Ann's update- Monday (Dec. 12th, 2005): trial dates set

 

-

 

Good day.

 

This morning I plead 'not-guilty' to two charges of 'Obstruction of Justice' (one for the courthouse lawn fiasco on Oct. 29th and one for Dec. 4th when I put wood in the burning barrel).

 

The courthouse lawn obstruction charge will be heard January 9th, 2006.

The burning barrel obstruction will have a trial confirmation on Jan. 17th then the trial will be February 17th, 2006.

 

There was also a discrepancy- Simon and Sarah were arrested for Assault by Trespass at the Courthouse lawn and were given orders to appear on Dec. 29th. Not long after Sarah checked into the matter to confirm her appearance date and could not find it, as if it mysteriously vanished... in the particulars that I've just received it said that Sarah's and Simon's return date was December 22nd. I know what it looks like but of course it could not be- the 'crown' flailingly incompetent... No! I can't believe it.

 

So, we'll see what happens between here and there. Until then, may everyone be inspired to want truth more than the conventions of comfort (including myself).

 

in the peace found when realizing no one is at fault (and therefore no reason to waste time with resentment),

in the joy of not having used money for 2 years and 5 months (may you come to your senses and destroy yours),

 

David Arthur Johnston

 

 

St. Ann's update- Wednesday (Dec. 21st, 2005)

 

-

 

Merry Christmas all. I trust all are well and living their adventures. May every stress just remind us of patience.

 

So... tomorrow we will find out about Sarah's and Simon's 'Assault by Trespass' charges (from the courthouse lawn- late October).

 

On January 9th, 2006, at 9:30 AM in Courtroom #202 I will be facing an 'Obstruction of Justice' charge (for standing on a tarp a cop was trying to take, at the courthouse lawn). I've plead 'not-guilty' and will be representing myself. My defence being that the scenario, itself, was prompted by the corruption of the 'crown' (in it's inability to presume innocence reeks havoc upon the weak and downtrodden; that in violation of the fundamental principle of justice it ignores the fact of pride being a sin)- that the actions of the police were not a reasonable response and the stepping on the tarp was reasonable in the assertion of justice; interjecting myself so as to hold a crime accountable. We'll see how it goes.

 

My wish list for justice would be- a stay of this obstruction charge, my friends' 'Assault by Trespass' charges that they received on the Courthouse lawn, a stay of the other obstruction charge, mayhaps a word sent to support staying the 7th breach appeal, all injunctions made to inhibit sleeping made null, an acknowledgement that conscientious sleeping is allowed in any and all 'public access' areas in this court's jurisdiction, that within this court's jurisdiction on all 'crown' agencies remove all promotion of the word 'pride' (cop cars 'proudly serving' and all that), a retroactive word of support for the notion of 'tent-city'. Just a few suggestions, I'm sure I could think of more.

 

... and... there is a really good article in Monday Magazine today. Please excuse any self-edification because it is an interview with me- a lot of good things were said.

 

anyhoo.

 

love you all (yes, even you).

 

in community,

 

David Arthur Johnston

 

 

St. Ann's update- Sunday (Jan. 8th, 2006): the strategy

 

-

 

Good day all.

 

So, tomorrow... ah yes. I always seem to enjoy the idea that the future has already happened. Tomorrow (JANUARY 9TH, 2006) at 9:30 AM COURTROOM #202 there will be a trial for 'Obstruction of Justice'. If the judge adheres to the fundamental principles of justice I will be found not guilty- my case is solid and precedent setting. I would not have found myself stepping on that tarp- the cops would not have been there, heck, the tent-city would not have even been there if the 'crown' wasn't corrupt. I will be making the 'crown's' corruption evident to the judge, superceding all past precedent (the rule of law) because the 'fundamental principles of justice' cannot be altered.

 

I've been reading a lot of strategy and martial arts books and have found a name for the strategy I've been undertaking- continuing to be totally forthwith I will crush the 'crown' so that it will not even have opportunity to breath one last breath... my dreams have been indicating that this ego survives. We shall see.

 

Imaging two ninjas. One named Fascism and the other named Anarchy. It's a good place to start one's visualizations. Mayhaps one was invented to help mature the other- apparently this is about the entire planet now.

 

Shine with the contentment of 'being' and all else just falls into place.

 

in Christdom,

 

David Arthur Johnston

 

 

St. Ann's update- Tuesday (Jan. 10th, 2006): trial adjourned to Feb. 3rd

 

-

 

Got in at 9:30- they said trial would have to wait until afternoon because of a long trial beforehand. Got back at 2:00 and was told there wasn't enough time and no available courtrooms so new date was set for FEBRUARY 3rd at 9:30 AM in COURTROOM #203- we'll see what happens then.

 

until then- one major indicator of enlightenment is the ceasing of the use of money--- it's not that I enjoy chastising my friends, it's just that I'm not here to make friends, and if they be friends they will give due consideration. Things get simpler and simpler--- religion or yoga can only be true if they lead to enlightenment and not just help justify one's other fears, otherwise people just end up making fools of themselves. There is nothing a religion or culture could teach a person if said religion or culture, itself, is blind and just a tool of Babylon/this world built on the ignorance of fate.

 

The future comes. There is only one cause. There is only one action. 'Diversity' can only be a blessing if it's recognised as a state within a singularity.

 

in peace,

 

David Arthur Johnston

 

 

St. Ann's update- Saturday (Jan. 28th, 2006): culmination of events

 

-

 

k

 

Had a really good interview with CBC Radio ONE. It will air Monday morning ('On the Island' (BC) Weekdays, 6:00 a.m. - 8:37 a.m.- at this website: http://www.cbc.ca/ontheisland/ under the heading of 'Schedule' is a link to streaming live via internet- it is also at- 90.5 FM on the radio).

 

The documentary (Love and Fearlessness) is being screened at the University of Victoria on MONDAY, the 30TH of JANUARY in the HICKMAN BUILDING #105 at 7:30 PM.

 

The trial is scheduled, still, for FRIDAY, FEBRUARY 3rd at 9:30 AM in COURTROOM #203.

 

In the meantime, many friends have been arrested for things like loitering and dumpster diving. There are companies out there that hire security guards to protect their garbage.

 

Something is going to happen next Friday.

 

love you all

 

in fate and patience,

 

David Arthur Johnston

 

 

St. Ann's update- Friday (Feb. 3rd, 2006): really very good

 

-

 

You should have been there- it was very cool. The judge said, in not too many words, that justice is fine unless it leads to anarchy. Much much big magic going on. I was found guilty and released without signing the 'conditions' of my sentence (red zoned from 4 or 5 separate parks- 25 hours 'community service', which, quite literally, I'll see done over my dead body- see a probation officer immediately upon release... and other rigamarole jargony stuff).

 

The courts have revealed themselves, beyond doubt, to be corrupt. It's good to know that you don't have to worry about giving authority to that monster anymore.

 

Patience be with us all. We'll see just what causes the catalyst for the tent-city and the subsequent official step towards anarchy...

 

love you all--- you really should have been there- a judge has had divine truth presented to her and cannot unknow what she now knows... the ripples gain momentum.

 

love you all,

 

David Arthur Johnston

 

 

St. Ann's update- Sunday (Feb. 5th, 2006): clarity

 

-

 

In unfurled brows and relaxed shoulders I write what may be my last update (if the 'crown' has anything to say about it).

 

I do trust that, once shown, one must adhere to the truth lest they go insane- so I will not beg for people to consider anything and just say the truth.

 

The law courts, officially, will ignore justice to prevent anarchy. I am not, directly at this point, saying that anarchy is wonderful (it is), but more saying that the courts think that there is a priority beyond justice... 'order' at all costs. So, the question we must each ask ourselves is "Is that OK with us?"

 

How far do we have to go to confront this allowance for a lie? Can we maintain our sanity without going all the way?

 

I expect there will be a warrant for my arrest made up on Monday or Tuesday, as I have already violated the conditions of my 'conviction' (I did not immediately report to a bail supervisor... and I do not intend to... I do not intend to give any respect or authority to the courts at this point, not voluntarily showing up for any court dates or probation appointments, until there is an official dictate from the court saying that justice is more important than avoidance of anarchy).

 

So, here we are. I love you all and hope I don't die in jail.

 

The article in the Victoria Times Colonist was really good, giving a description of why pride is sin.

 

in an unfurled brow and relaxed shoulders I bid adieu,

 

David Arthur Johnston

 

PS: There is going to be consideration from deluded people about shutting down my site and closing off the journal- if any have inspirations in this area please follow them (AKA mirror sites and/or printed hard copies... ideally I would like to see some hard copies of the journal made just for interest's sake... if any have the means and opportunity...).

 

k

 

love,

 

me

 

 

St. Ann's update- Friday (Feb. 10th, 2006): apparently 'law' is subjective

 

-

 

It's been a week since I've disassociated myself from the 'crown'. It seems at this point, I've really really not reported to a bail supervisor immediately. The 'crown' has admitted corruption (by thinking justice can be served by ignoring justice A.K.A. publicly saying it will ignore justice to prevent anarchy) and doesn't want me in it's maw. Apparently truth is poison for those who believe in lies.

 

Cockiness doesn't even begin to describe it- I am who I am because I know there is no such thing as a decision.

 

The speed of tent-city's eminent return is measured by the speed of understanding that justice is a prerequisite of sanity.

 

... of course, 5 minutes after I write this they'll probably be waiting for me... anyhoo, have good days.

 

David Arthur Johnston

 

 

St. Ann's update- Saturday (Feb. 11th, 2006): the storm

 

-

 

OK.

 

The 'crown' thinks this is all a political game of strategy and does its best to measure what my response may be (the 'dark wizards' are blinded by their ambition and will turn on each other, sabotaging themselves as they scramble to avoid this 'juggernaut' of courageous humility). They know that I am serious in my assertion that there is no such thing as 'choice' (which is why they are afraid of me- because understanding fate reveals all the lies of others). They do not want to push the matter publicly (even going so far as to ignore warrants for my arrest and having no concern whether I show up for any court dates- in essence proving that one can be above the 'law') and hope for me to flail, discrediting myself.

 

It is only a matter of time before the courts are publicly known, en masse, to have outlived their usefulness. And, lo, the people will not give it authority anymore- starting a cascading effect which leads to the fall of the government of Canada and the almost overnight end of capitalism.

 

The crown will not remain unchallenged. My sanity will not let me do anything else but. Lest I am arrested in the interim or the courts have a benevolent turn, I intend on returning to St. Ann's Academy on Sunday, February 26th in the hope of initiating the monumental catalyst in form of a tent-city. I'll be there by 9:30ish PM.

 

in humility and dance,

 

David Arthur Johnston

 

 

St. Ann's update- Saturday (Feb. 18th, 2006): bravado aside

 

-

 

So... this is what it feels like after the fall of pride has been initiated...

 

k- there has been much going on

 

first- I guess I'm still not in jail. I've walked past piles of cops, some acknowledging me with a 'Hello David Arthur Johnston' and one with a salute. The warrant is 2 weeks old now.

 

I'm still intending to return to St. Ann's in the attempt to initiate the last tent-city on Sunday, Feb. 26th, 2006. May the Rasta drummers get ready for their part (oh ya, I'm totally calling you guys out- apparently I'm not a flake and Zion does rise... and don't worry, there is beer in Zion).

 

My friend, and maker of the documentary 'Love and Fearlessness' (concerning the 'right to sleep'), Andrew Ainsley has been stirring the pot here in Victoria. There has been much hubbub and a local TV station aired his clip of dumpster divers getting arrested, sparking much controversy. The clip can be viewed at http://www.loveandfearlessness.com along with a couple other clips that display how the police and 'government' works.

 

Soon, any glimpse in the direction of Victoria will reveal these events.

 

in the perpetual acceptance of fate,

in the waking dream of perpetual no-mind,

 

this node of God,

 

David Arthur Johnston

 

 

St. Ann's update- Wed, March 22nd, 2006

 

-

 

Lots of good dreams. It went fast- like stepping through a crazy time machine that shoots you ahead three weeks and makes you a bit tired. Met some good people on the inside.

 

Around day 19 it occurred to me to write a letter for Iona Campagnolo, the Lieutenant Governor of BC- giving her the heads up on where I think this whole thing is going. The day I was released, yesterday (by the way), I went up and delivered it before noon (to her doorman). There were a couple of spelling mistakes in the original and I hope I corrected them all here... and I had thought her (your's, if it's you) name was Iola, and not Iona of which it is. I've corrected that too. ok here-

 

///////////

 

Regarding the credibility of the crown.

 

-

 

Pleasant day, Iona. Please forgive any informality or presumption.

 

My name is David Arthur Johnston and my first preconception will be that you are already aware of me- at least of the fellow causing so much fuss with the PCC and the attorney general’s office over this whole St. Ann’s academy fiasco.

 

When you get this letter I will have just spent another stretch in jail, fasting (for 23 days), because of the court’s inability to step away from convention.

 

You could say I am cursed with knowing why pride is a sin and, subsequently, know the root of justice and the nature of motion.

 

In all forgiveness and understanding the crown, in it’s naivety, is guilty of atrocities and these will all become evident in the very near future (as the populace will not be able to evade the truth of pride forever).

 

My sanity makes it impossible to drop this matter- so I find we are at a head. If I go to jail again it will, very likely, be for longer than I can’t eat (or even if I die for any reason many people will hold the crown suspect, regardless) and if that is so there will be, officially or not, an inquest into what lead to my death. This will reveal 3 important things:

 

1)The province of BC, through the Provincial Capital Commission, is literally guilty of torture.

2)Crown Council and the At tourney General’s office is guilty of criminal indifference in the whimsical execution of ‘due process’.

3)The BC provincial courts work on the presumption that avoiding anarchy at all costs equates to justice.

 

I do not believe in ‘ultimatums’ as there is no such thing as choice, so what I offer is as predestined as whatever your response may be.

 

There is a way for the crown to, most gently, face the future in this matter. First, and most importantly, the crown will be best served if it would officially and very publicly admit the sin of pride (and why it is a sin- because ego is a conduit of experience... and, again subsequently, have every reference to pride being a virtue on all provincial and municipal crown controlled corporations erased ex. Police cars saying ‘Proudly serving’). Secondly, the PCC being held accountable for their crime and having the grounds and buildings of St. Ann’s Academy relinquished to me and then, once again, subsequently, turned into free housing.

 

Enact the first and it will lead to the equivalent of the second. Enact the second and the first will be presumed.

 

Without these provisions the people will come to a mind that anarchy is much more preferable than the ‘order’ offered by the crown.

 

For the good of all as we step into the future may you weigh what has been said here with due consideration. I will wait at least a week before I overtly challenge the crown again.

 

In true respect,

in knowing there is no evil,

and in service,

 

me

 

David Arthur Johnston

Victoria, BC, Canada

Hatrackman@Yahoo.com

https://www.angelfire.com/apes/hatrackman

 

P.S. I am usually downtown somewhere if you want to get a hold of me. Many people know who I am. My routine has me at the library almost every morning when it opens.

 

March19th/ 2006

 

////////////

 

 

... yup- and other than that I hope that any with means and or opportunity please take advantage of publishing this journal ( https://www.angelfire.com/apes/hatrackman/welcome.htm ). I trust it will be interesting.

 

So I'm thinking between now and a week and a half from now something really nice is going to happen.

 

klove peace

 

me

 

 

concerning Sunday, April 2nd, 2006 at 9:30 PM

 

-

 

the following is a response to someone who showed concern about whether or not putting myself in this certain position would be wise.

 

here it is-

 

If I die in jail it will invite the harshest reality for all who know. I trust in the nature of what we are, love incarnate, and know that acknowledging truth is what measures our sanity.

 

I know I am representitive of all motion and that I am eternal. There is no death.

 

One way or another, the 'crown' will be held accountable (and this ego hasn't done this much without intending on seeing it through- sometimes I must remind myself that, in this, it may be me that knows best).

 

Patience be with us all, Janine. This action digs to the root of the tyrancy and is deserving of highest attention. The 'crown' still may yet still be driven to humility.

 

in life,

 

David

 

*********

 

that's it

 

I'm going back to St. Ann's tomorrow (Sunday, April 2nd, 2006) at 9:30 PM.

 

in dreams of peace,

 

David

 

 

St. Ann's update- Friday, April 21st, 2006: just out

 

-

 

just got out

 

have ideas about what is next

 

spent 18 days in segregation fasting- down to 140 pounds

 

I'll write more in a couple of days

 

love you all

 

kept a journal of my dreams- will be online in a couple of days at

https://www.angelfire.com/apes/hatrackman/dreams.htm

 

k

 

love

 

me

 

 

Floating on my back in the volcano of Mt. Zion.

 

-

 

Simplify and accept.

 

This Monday (April 24th, 2006) I intend on presenting the R.C.M.P. with my case (firstly, the PCC's submission to the courts for the first Mischief trial which admits the hiring of Central Victoria Security in an attempt to creatively ignore 'due process' therefore putting me in a state of being violated, in perpetuity, so long as I was acting to challenge the 'crown'- it can be read under the Dec. 24th, 2004 in the journal- https://www.angelfire.com/apes/hatrackman/welcome.htm  ) and see if they will recognize certain evidence even through it points to corruption in a police force with the hope of having the Provincial Capital Commission and Central Victoria Security charged with torture. This may have something to do with me not wanting to starve in jail anymore, though if the case is not taken I do intend to return to St. Ann's on MONDAY, MAY 1st at NOON-ish.

 

My dreams are taking for granted that people will live at St. Ann's soon enough. Mount Zion Sanctuary.

 

alright

 

truth and love

 

me

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday (April, 25th, 2006)

 

-

 

Everything is set, to-date.

 

Unless I get an 'affirmative' from the RCMP I will return to St. Ann's Academy around noon on Monday, May 1st, 2006, to face whatever maneuvering the 'crown' will have to offer.

 

This Mayday may the workers consider that hospitals and schools and roads are not necessities if we must bow to a fascist government to maintain them. May the workers understand what it means when the gov't thinks it has the option of torture and ignorance of 'due process' when dealing with the 'least of us'.

 

Patience be with us as we all step closer to always remembering that all motion is a single motion.

 

Patience be with us when we come to understand that this 'crown' we pay taxes to is exactly the same organisation that wiped out the buffalo to control a culture's food intake; the same gov't that encouraged the rapes of thousands of native kids in an effort to demoralize and subjugate the 'infestation of savages on the empire's land'.

 

May we forgive the colonialists for their inability to be considerate of the infinite flow of environment around them; for their pride.

 

in planet-wide matters,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

Meeting of Serious Anarchists

 

May 1st, 2006

 

at noon

 

St. Ann's Academy

835 Humboldt St.

Victoria, BC, Canada

 

Make no mistake- the Canadian Gov't is headed by the British crown and subsequently the Queen's representatives, the Governor General and the Lieutenant Governors, manage the country and it's provinces. 'Democracy' has been a mafia scam since day 1. Truth cannot be determined by vote.

 

Conscientiousness is transcendent of the 'rule of law'. A gov't that cannot understand or adhere to this, is not a gov't at all but an objective example of insanity that cannot have authority. Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday (May 10th, 2006)

 

-

 

I was arrested on the 1st of May and released on the 8th (a Friday). The judge said they would release me if I promised not to go back to St. Ann's. I said I promised that I would not go back to St. Ann's at least until I had a chance to go to the city police (whom, I mentioned, had driven me out of city limits 6 times) to give them the opportunity to charge the PCC with conspiracy to commit torture. Then I told the judge that beyond that I could not promise anything as, objectively speaking, nobody knows what's going to happen in the next 5 seconds. The judge was content with that and let me go.

 

I went to the police. The desk cop did not recognize enforced sleep deprivation as torture and referred me to the VIHRC (Vancouver Island Human Rights Coalition... I think it's 'coalition'), which I find amusing because, apparently, the cop recognized that this might be a 'human rights' issue. So, I'm doing that today. If they cannot give me an affirmative in the next couple of days (at least to say that they will investigate) I will go back to St. Ann's this Monday at noon, or something.

 

I will not be so adamant about returning if a newspaper can read 'PCC Charged With Conspiracy to Commit Torture' (which may have to happen if the courts are not prepared to affirm that conscientiousness is transcendent of the 'rule of law').

 

Other than that, I am in recuperation mode (phase 2- burping, farting, heartburn... etc...).

 

much magic going on- good newspaper articles- the ruling in Los Angeles by the US Federal Court of Appeals stating that it is unlawful to arrest someone for sleeping in public access. This may have a effect.

 

anyhoo... love you all,

 

I'll write another update in the next couple of days to give a clear(err) picture.

 

peace and love,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday (May 11th, 2006)

 

-

 

I went and talked to an official 'human rights' type person. My claim needs to be presented and queried. Apparently, they will get back to me by June 8th.

 

Other than that, everything is usual. If I don't hear a reply or get certain affirmations I will return to St. Ann's. I do understand that this whole time the 'crown' will be maneuvering it's best to make things disappear (like me and my friends).

 

I enjoy imagining the 'crown' turning nice; imagining Alan Lowe stepping out of convention by realizing we are all in this together and that, simply by it's nature, the British Empire is suicidally exclusive and holds no just authority.

 

So, I will not be overtly challenging the 'crown' (at least about St. Ann's) at least until not long after June 8th. Still not that far away, considering.

 

Love you all. Peace and patience.

 

Conscientiousness transcends the 'rule of law'. The heart of conscientiousness is patience.

 

peace,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday (June 7th, 2006): back at it

 

-

 

It's a negative on the whole 'public interest group' helping me, so I'm going to return to St. Ann's at noon(ish) on TUESDAY, JUNE 27th, 2006.

 

Until then I will be campaigning. This action is worthy. May you see that. If you project your own shit onto me in justifying despair, I forgive you- you do not have the right to be afraid.

 

peace

 

David Arthur Johnston

 

Victoria, BC, Canada

 

PS: The flyer for this event can be seen at- https://www.angelfire.com/apes/hatrackman/tent.htm

 

 

fucked by satan- the last St. Ann's update (June 28th, 2006)

 

-

 

just got out.

 

signed a condition agreeing to call the crown from my mother's place in central Alberta, no later than 2 weeks from now.

 

feels like I took it with a smile--- I am in shock, recognizing that 'all is just data', yet feeling much sadness at what could be said to be a weakness on my part.

 

All any can do is wait for the world's mass 'want of truth'- it will come when it will, inescapable. The queen has us all by the balls. She knows it. We know it. We know she knows we know, and visy versy. One day we will all equate supporting her as deathly sickening- then we will know what to do.

 

Patience be with us all.

 

Peace and love,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Aug. 11th/06: going to make this quick (hopefully you all guessed I didn't send the last one)

 

-

 

Beautiful whirlwind.

 

much and much

 

exhausted and spirited

 

very happy

 

going to wait to see what happens with the charter thing and also just heal now- people are so wonderful.

 

and I think I might be a really good chef now- soon I'm going to write letters to some of my favorite cooking shows on the food station.

 

anyhoo... I'm going to finaly have a look at Andrew's super extra classy website that is going to become very popular- http://www.loveandfearlessness.com

 

k

 

I have 300 emails to do which won't get a concetrated effort to tackle, at least until Monday night.-- oh and the last email : Andrew wanted to send a letter out to everyone on all my St. Ann's lists and my mom got him to send that sappy thing I wrote years ago, anyhoo, I'm not counting it as official. k

 

love you all

 

patience

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday (Aug. 15th, 2006)

 

-

 

peace be with us

 

hey all, just a last kicker for a few-

 

Until the sentence appeal happens (on Oct. 16th) I will officially be residing at my uncle's place- the condition to call the bail supervisor once a week. I will still have opportunity to be around town, often enough.

 

Found out an interesting thing- that a successful charter challenge will make it so, not only Victoria is told that it is unlawful to arrest people for sleeping on public access spaces, but also every other municipality in Canada. It will make it so that it someone really doesn't want the public on 'their' land they will have to not only have 'no trespassing' signs but also have to make it physically inaccessable... I wonder if everyone who is going to live in the gated communities will think the gardens blooming outside will be wild jungle or home to a newly evolved species of humans- the hippy/ninja/gardener angels.

 

Beyond all that, I will press myself to have as little concern for 'doing' as I can and have most concern with simply 'being'... as I know there really is no 'do'.

 

The http://www.loveandfearlessness.com website is amazing- you need a 'flash' viewer to see the movie clips.

 

Patience be with us all.

 

in peace,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed (Aug. 23rd, 2006): updated court encounters list

 

-

 

If the journal is too long, this is a good summary (I’ve omitted this one, as a more current one can be found at the Monday, January 10th, 2011 entry) ...

 

cheers and blessings

 

as soon as I know when the charter challenge is to happen I will let y'all know. If I don't know by the time Oct. 16th rolls around I may do what I can to expidite the situation.

 

A free will understands there is only one will. Peace.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday (Sept. 1st, 2006)

 

-

 

Good day all.

 

ok, number 1- With agreeing to legal aid, I can no longer say I haven't used money in over three years- it's now just over 3 weeks that I haven't used it (my confession).

 

number 2- Catherine and Irene have gotten a date for the Charter challenge. It's in September 2007. They didn't write the date because I presume they were just concerned with letting me know how far away it is. They will be attempting to make it sooner, but at least we have one.

 

There has been much press. Good front page article in the Globe and Mail and a subsequent editorial and cartoon in the following days paper. Central Alberta has been on the ball as well with a couple articles and more to come from various papers there. The lawyers have been inundated with calls from the media nation-wide.

 

I've made a personal 'press release' which I would not be opposed to others passing along... (it follows)-

 

The following is a blurb I put together in an attempt to summarize a bit--- also of interest, the Wed, Aug. 23rd, 2006 update in the Journal of the Occupation of St. Ann's Academy- https://www.angelfire.com/apes/hatrackman/welcome.htm has a 'court and police encounters' list that is very revealing.

 

anyhoo...

 

/////////

Anarchy Is More Fun Than Eternal Slavery

(August 2006 press release for the campaign to determine the ‘right to sleep’)

 

   Apparently, I've been on a crazy adventure where I've learned a lot about where the 'crown' and the Gov't of Canada stand on the idea of justice. Essentially, the mandate of the crown is to avoid anarchy at all costs, even justice. If giving a ruling on the legality of sleeping in public access spaces (as there is no such thing as 'public property') means people will no longer have the option of calling the police when they find an unshaven man sleeping peacefully under a tree in a park the courts will be instructed to do everything but give that ruling (if they let one sleep for free they would have to allow for all, inviting the reality of economic collapse and end to many established power bases). They do have an ultimate failing though. If the people they wake and harass are mindful and patient enough there is no frontier justice maneuvering that can sway them- they only get inspired to dedicate their lives to not letting a tyrant get away with their crime... and that is exactly what the crown is, a real live monster tyrant.

 

   Have no doubt that the democratic process has been a mafia-like scam since day one. Canada is ruled by Queen Elizabeth and her representatives. The heads of the provinces are called 'Lieutenant Governors' and the only reason the masses are under the illusion that they are only figureheads is that they are happy with the way the people are governed and see no reason to utilize their veto power.

 

   Determining the 'right to sleep' is the front line in the realization of freedom on planet Earth. We stepped so far away from nature that the suggestion that we are just crazy monkies is wanted to be seen as blasphemous. Food grows on trees and more jobs and money circulating just means we will destroy the planet that much faster. There can never be a 'green economy' that will help us step out of the hole that we have dug for ourselves. The only question now will be, "What will happen first- a shift in the social order where tent-cities become normal or train cars taking bums, hippies and street punks to live lives of 'dignity' in re-education/work camps?"

 

   I suggest people look at religion with an objective eye. The truth sets us free. When we understand that there is only one will and that our egos can only ever be conduits of it we will understand that being proud is absolutely tantamount to worshipping the devil.

 

Patience be with us.

 

in humility,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

PS: Success of the coming Charter challenge against the city of Victoria (Sept. 2007) will mean that every municipality in Canada will have to adhere to the fact that it is 'unlawful to arrest someone for sleeping on public access property'. Apparently, the times they are a'changin. The most peaceful outcome will entail the crown recognizing the sin of pride, otherwise we will find that even small towns in central Alberta are not exempt from revolution.

 

PPS: 'Mindfulness' is the God factor. Forgive the instigators for they, themselves, are only products of their environments. Peace.

 

////////////

 

k- accept and be (cause that's all you can do anyway)

 

peace

 

patience is enough

 

 

St. Ann's update- Tuesday (Sept. 12th, 2006)

 

-

 

Patience be with us all.

 

It has been a very whirlwindish last couple of weeks. Media from all over have been getting my story and the run down on the upcoming charter challenge. Links to some of these stories can be found at http://www.loveandfearlessness.com/new.html . A couple of newspapers from where I grew up in central Alberta printed stuff as well- http://www.lacombeglobe.com/story.php?id=252395 and if you search 'Johnston' on the Red Deer Advocate website ( http://www.reddeeradvocate.com/ ). Apparently, Catherine and Irene have been beset upon by calls as well. The day after we got the front page of the Globe and Mail, we got the editorial and the cartoon (fat cops busting in the door to the senate where there are a bunch of fat senators sleeping- under the caption 'Should municipalities have the right to make it illegal to sleep in public?').

 

k... The Charter Challenge is scheduled for a nine day trial starting September 4th, 2007. The lawyers are thinking they may be able to trim some time off the wait if they can shorten the length of the trial... we'll see.

 

Come October 16th, I'm pretty sure I'm not going to be going back to jail, though we'll see. I will be cocky and borderline reckless. I do not think I will worry about continuing with a lawyer (whom I'll call as soon as I know for sure). After the 16th (of Oct.), if I am not pardoned outright for every arrest since Jan. 2004, I will show no respect for any probation condition except for the 'no go' to St. Ann's. If the 'crown' has a problem with that they are welcome to kill me. I dearly hope the 'crown' can find redemption with a desire for truth... until then it will continue to be as majestic as shit. Patience be with me.

 

There is so much going on. I've been focusing on the 'be here now' and I'm finding that everything else just falls into place effortlessly.

 

love you all

 

patience be with us.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

PS: I've experimented with the video medium with something to say to everyone. You will be inspired to do with it as you may. I do know that the faster people come to understanding their own nature the faster peace and freedom will come on a very real global scale. The video can be found at- https://www.youtube.com/watch?v=SZ-etBmD1MY (you will need a 'flash' viewer). The video has also been put on my home page.

 

k

 

peacelove

 

 

St. Ann's update- Friday (Sept. 15th, 2006): intending on occupying BC Legislative building

 

-

 

(letter just written to a friend)

 

Just thought I would pass along an idea I had today that I was inspired to have after someone told me the government has officially condemned the spotted owl to extinction. Apparently, the BC provincial gov't is not having a fall session and there is a lot of unused space in a big beautiful building... I'm thinking about occupying the Legislative building if they don't send me back to jail at my 'sentence appeal' on October 16th. Patience be with me. I will intend to do this until the government, in my eyes, humbles itself. I will live there without restriction for the rest of my life, if that be the case.

 

yup...

 

we'll see what the future brings

 

The world's fear mongering will find itself to be a forgiven spiritis automaton and then will blink out of existence. Patience be with us all.

 

k-love,

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday (Oct.16th, 2006)

 

-

 

Patience be with us.

 

Took most of the day. Peter (my lawyer) did well. Crown was merciless. Judge is saving his ruling until Friday (Oct. 20th) at 1:30PM.

 

Good things were said. Hard to say what will happen. I've predictions, though I've been wrong before... so we'll see...

 

Pray for the proud.

 

in divinity,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday (Oct. 17th, 2006): response to Times write up

 

-

 

Hey. There was an article in the Victoria Times Colonist today ( http://www.canada.com/victoriatimescolonist/news/capital_van_isl/story.html?id=82a53127-91e8-49e8-a182-1dd5ac012e4a&k=45745 ). I think it makes me look crazy- so I responded. I would like to see it in tomorrow's or the day after's edition. anyhoo... here it is-

 

Dear Times Colonist,

 

Regarding the article in the Oct. 17th issue titled 'Homeless man accuses Crown of sin of pride'-

 

Just a couple of little points I wanted to bring up.

 

I was quoted saying "There is an exception to the rule of law and that exception is the rule of God". I did not say that. I said the exception was the 'supremacy of God' as it is written in the Canadian Charter of Rights and Freedoms. I brought up the consideration that there is a reason the Charter says that and that it has something to do with quantifying what conscientiousness is. I did say that as long as any government failed to take into account the exception to the 'Rule of Law' any motion towards an enlightened society will be blocked... and that it is an intimidating factor for the 'crown' and the courts to legally adhere to a universal and absolute truth when that truth points to the illegality of a delusion that the majority holds. Namely pride (A.K.A. that there is no reason to be proud because any individual can only be a conduit of their experience and not a maker of original thought- which is to say the 'crown' is guilty of spite in its naive doling out of 'justice). Another thing that would have been good to mention is how insulted the 'crown' was in that I ceased going to St. Ann's because of my own inspiration and not because the 'crown' ordered me to.

 

The judge is scheduled to give his ruling on Friday (Oct. 20th) at 1:45 PM. I will see if I go back to jail for 24 days or 44 days or another 3 months or not go back at all. There is also a chance that there will be a 'de novo' sentencing trial where all evidence is again presented.

 

Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sunday (Oct. 22nd, 2006): oh ya...

 

-

 

Apparently, I'm not in jail because the judge was a no show. A lady behind a desk said he was called away to help a busy day in Vancouver and he will get to me at his greatest convenience- she said, in most probability, they will just leave a report to be picked up at the court with his ruling... it's good, the judge (a Metzner or Metsger or something) is cursed to have this on his mind until he deals with it- so I would say 'something' is going to happen soon enough...

 

also, apparently, there will be free hot dogs in front of the Empress Convention Center at noon tomorrow (Monday).

 

Peace.

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday (Oct. 24th, 2006): time set

 

-

 

Good morning all.

 

The judge is set to give his ruling at 1:45 PM on Friday (Oct. 27th). We'll see what happens.

 

Patience be with us all.

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Sat. (Oct. 28th, 2006)

 

-

 

1 night at Wilkinson to finish the sentence for both charges. It was taken down from 210 days to 56 days. I also didn't miss that however much 'saving face' the courts want to do I still wasn't given due honour. So, I'll hold off on St. Ann's until September and the Charter Challenge. Please note that the 'crown' denies that pride is sin. We've been given the greatest adventure ever. Patience be with us.

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday (Oct. 30th, 2006): video update

 

-

 

A friend got an interview on his camera and posted it at HomelessNation.Org (an increasingly popular website). It can be found at http://homelessnation.org/node/2870 .

 

Anyhoo, I will continue to be. Beyond that, I really don't know what's going to happen. The 'colonial' system is rooted in protecting dirty old men that rape children. Have fun paying taxes.

 

k-love you all

 

peace,

 

david

 

 

St. Ann’s update- Friday (Dec. 1st, 2006): my yahoo account has been deactivated

 

-

 

So, this is an entry without having sent out an email, as I no longer have my update list of addresses. There has been much going on. There was an update or two that I lost as well, so hopefully I’ll get them soon and insert them. My new account is at Hatrackman@Gmail.com .

 

In the meantime I’ve been putting energy into dealing with this apparent rich old-boy pedophile club. Wrote an article sort of with the idea of empowering victims while shining with as much love as possible at the perpetrators. It’s magic…

 

The Reality of Wizardry

 

-

 

Good day. Patience be with us all.

 

Master spin-doctors will be best served when aware of the fated nature of all motion. This letter, itself, as an example- knowing that I am not choosing to write, but instead, am acting as a conduit of the eternal motion that has no beginning.

 

It is when one is humble that they emanate the consciousness of the whole (which is the singular soul of love)... so, if all is love then what is that stuff that tries to make like it is not love? It is the adventure that love has given itself- to blind itself of its nature so it may have the adventure of finding itself... mayhaps members of your order are already aware of some of this?

 

So, with humility there can be no trauma that cannot be seen objectively and with patience there is no trauma that can overwhelm one's access to humility. It is by nature that, once one objectifies hate (seeing its absurdity), they cannot be hated.

 

When all the cards are on the table the transcendent invariably outshines all the ignorance and darkness put together. So, any who would test this, to the end will try to believe that redemption is impossible and flail in a downward spiral causing as much disruption as possible in the attempt to separate themself from God... which is funny because they are a piece of God doing the only thing, by the nature God has given them, that they can do... so, apparently, the devil hates God because destiny cannot be altered.

 

When one understands that whatever will be will be they no longer have the ability to fear or hate, and then they shine and those around them go crazy or take on the shine themselves- giving much opportunity to those who would enjoy the responsibility of being superheroes to save the world and bring it to a wise place where the forests echo with laughter.

 

Again, invariably, we all get what's coming to us.

 

Peace.

 

Patience be with us all.

 

in unavoidable divinity,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

Hatrackman@Gmail.com

 

Home page- https://www.angelfire.com/apes/hatrackman

 

Journal of the Occupation of St. Ann's Academy (Victoria, BC, Canada)- https://www.angelfire.com/apes/hatrackman/welcome.htm

 

Crazy Monkies and the Battle for Planet Earth- http://www.loveandfearlessness.com

 

 

St. Ann's update- Aug. 7th, 2007

 

-

 

Good day all. Long time no write (at least as far as St. Ann's updates go).

 

It may seem a bit convoluted, so for simplicity's sake I will say that regardless of all the court work I am about to describe, there will be action soon (before the end of September).

 

Alrighty. The Charter Challenge that is scheduled for September 4th is part of a defense against an injunction that the city put up against the tent-city that was in Cridge Park (Blanshard and Humboldt- beside St. Ann's Academy) in the fall of 2005. Recently, the city has also applied for a permanent injunction on Cridge Park for 5 reasons that do not broach the reason for the Charter Challenge (the 5 reasons have to do with subsequent damage from tent-city, possession of weapons, chattel, I believe, and something about interfering with 'enjoyment' of the park... all are along these lines), which is to define if it is lawful to 'prohibit houseless people from engaging in essential life sustaining activities in public space when they have no other viable alternative' and to determine if the City of Victoria's Bylaws deprive the houseless of their right to liberty and security of the person.

 

The lawyers, and I, presume that if the city is successful in getting this injunction they would not feel compelled to continue with the previous injunction process and drop it (and, subsequently, the Charter Challenge that is defending against it). A judge will hear this application in the next week (anywheres between Monday and Friday).

 

The back-up plan, in case the Charter Challenge is dropped, has been to start a new action that is exactly the same as this one, excepting that it would be myself and three other plaintiffs putting the city on the defense, requesting the Court to make "(a) A declaration that the Bylaws are contrary to the Charter and of no force and effect pursuant to s. 52 of the Constitution Act, 1982, to the extent that they prohibit homeless people from engaging in life sustaining activities in public. and (b) That the defendant pay to the Plaintiffs costs of this proceeding on a full indemnity basis." (b is not so much my concern)... With this back up plan they also will be applying to keep the same court date and judge in the name of prudence and expedience.

 

If they are not successful in this, I hope the 3 other plaintiffs can take care of business when it eventually does get scheduled because I intend on pressing this matter by mid-September, regardless of all politics.

 

I sometimes conject a miracle. That a judge will see the scope of this ruling, that he or she will have before them the ability to solve the Canadian 'affordable housing crisis' almost overnight... and mayhaps, with the urging of the court, the city might be compelled to assist (washrooms, and the like... and, of course, there can be no registration process in an inclusive community).

 

In time, I have full intention of raising a family in this situation, living in tent-cities that evolve from seeming chaos into an obvious example of divine order.

 

There is too much at stake to not happily risk losing everything. Freedom.

 

in patience,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

PS: there may also be action after the initiation of tent-city because some of the deceived-with-guns will tell outside people that the only place they can go is tent-city- this will not be accepted. The idea is to presume innocence and the tent-city will be a loving support for those who feel inspired to use it (as we muddle through all the instances of flailing drunks and agent provocateurs).

 

 

St. Ann's update- Friday, Aug. 10th, 2007

 

-

 

hey all.

 

On MONDAY, AUGUST 13TH at 9:45 AM the Corporation of the City of Victoria is in court (Victoria Law Courts, 850 Burdett Avenue) attempting to get a permanent injunction placed on Cridge Park (courtroom number will be on the bulletin board, 2nd floor, by the elevators). This injunction is careful to not broach violating the sleeping issue on a charter level (beyond the initial lack of innocent presumption in the reasons for tent-city, in the first place). If the city is successful it is presumed they will drop the previous injunction that the Charter Challenge has been made to defend against (thereby dropping the Charter Challenge). As the last update suggests, if the Charter Challenge is dropped the lawyers will attempt to keep the same schedule for a Charter Challenge of our own (essentially the same Challenge, excepting that the city is put on the defensive).

 

If the courts do not feel like keeping the same courtdate- I will press the matter, as there has been enough politics and enough of 'public opinion' pretending that horror and demonic behaviour is necessary in maintaining order. They will do right or they will be forced to kill me... a position that every person will have to take if they ever want their children to know freedom.

 

A show of support and interest would be greatly appreciated (and it is also fun to watch the city be horrible in the face of the public). So, again- MONDAY, AUGUST 13TH at 9:45 AM in the courthouse, kitty-corner to the library.

 

in love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Aug. 13th, 2007

 

-

 

The judge denied the city's application for a permanent injunction and ordered the city to pay 'costs' to the lawyers (Catherine and Irene) for wasting their time.

 

Pre-trial for the Charter Challenge is on Friday (Aug. 17th). I don't know if the city will still try to drop their previous injunction. I really don't know the particulars of what is possible for them at this stage. The Challenge is still set to go on Sept. 4th and all the hubbub today made me think that the courts would like to see this settled so it won't waste any more of their time... if it does get dropped Catherine and Irene have their own action ready (the same Challenge except the roles of plaintiff and defendant will be reversed), and with any luck the judge would agree that keeping the same date would be prudent... we'll see.

 

alright

 

love you all

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, Aug. 14th, 2007: newspaper article and friend's editorial

 

-

 

Court's decision a win for homeless

City loses bid for permanent injunction to stop parks campers

Richard Watts, Times Colonist

Published: Tuesday, August 14, 2007

 

Homeless people won a small court victory yesterday when the City of Victoria lost its application for a permanent injunction to stop camping in public parks.

 

B.C. Supreme Court Justice Robert Johnston said it was not fair, necessary or a good time to grant a permanent injunction aimed at mass campouts.

 

"It is not just, not convenient and not appropriate that a permanent injunction be granted at this time," said Johnston.

 

The judge's decision does not strike down Victoria's bylaws against overnight camping in public parks. Those bylaws will, however, go on trial next month in a lawsuit launched on behalf of a number of homeless people.

 

That suit contends the city's prohibition against camping in parks violates the charter rights of the homeless.

 

That charter challenge arose after police in October 2005, armed with a temporary injunction, broke up a "tent city" in Cridge Park near the corner of Blanshard and Belleville streets.

 

During the three-week campout, about 70 people set up tents, tarpaulins and a communal kitchen, highlighting the plight of the homeless.

 

Yesterday, defence counsel Catherine Boies-Parker, representing a number of the Cridge Park campers, said the case highlights the unfairness of the situation forced on the homeless who have no place to go in Victoria.

 

"All the city ever said was 'We want you to go and, by the way, there is nowhere else for you to go,'" said Boies-Parker in court.

 

City lawyer Bruce Jordan tried to argue a permanent enforcement injunction was needed to prevent the kind of damage -- flattened grass and broken tree branches -- that occurred in Cridge Park.

 

Meanwhile, on hand yesterday watching the city's application was David Johnston, the one-time baker who lives like a homeless monk. His multiple arrests and jail sentences for sleeping on the grounds of St. Ann's Academy spawned the tent city.

 

And in another court victory for the homeless, Johnston's name was added to the upcoming charter challenge.

 

Outside the courtroom, Johnston expressed satisfaction with the day's hearing results and what it means for the city's anti-camping bylaws.

 

"The city is doing its best not to change and the city might not be able not to," he said.

 

////////////////////

 

and...

 

Fighting for the Right to Sleep: David Arthur Johnston’s Experiments with Truth

 

Tavis W. Dodds

 

The nation is finally about to learn the result of a Supreme Court constitutional challenge against Victoria’s anti-camping bi-law, scheduled to commence September 4th, 2007, after more than a year’s wait. The stance of Victoria, and many other cities (Vancouver among them) is that everything within the city limits is private property and sleeping in public-access green space is officially illegal. Supporters of the challenge argue that police move sleepers along but no other options are made available for homeless victims of BC’s current housing crisis. Victoria has responded with the creation of more homeless shelters that are impossible to sleep in. This hearing will be of interest to those concerned about poverty, civil liberties, and spiritual freedoms, but, if history is any indication, we may not be able to depend on Canada’s media to provide coverage; papers like The Victoria Times Colonist or The Vancouver Sun and Province have buried the story. The Globe and Mail, before it was consumed by the CHUM/CTV media machine, ran a cartoon with the caption “Should sleeping in public places be illegal?” above the image of police breaking down the doors to a Senate full of sleeping politicians. Even this brief coverage all but ignores the man who has been a driving force behind the Right to Sleep movement in Victoria, David Arthur Johnston, a homeless man who has refused to move on when the police order him to do so and, as a result, spent over one hundred days fasting in prison. “If the constitutional challenge is successful then it means that municipalities across Canada will be able to challenge their own anti-camping/anti-poverty legislations,” says Johnston, “but regardless of what the court decides there will be action in September.”

 

After the BC Liberals took power, David was arrested at the February, 2002, “Camp Campbell” occupation of the legislature grounds. A group of mostly homeless people had lived peacefully for weeks on the legislature lawn. After the arrests the attorney general on both federal and provincial levels admitted they had no evidence to have silenced the legitimate concerns of the campers. That concern-if we are not allowed to be homeless here, where do we go?-goes unanswered to this day. The general procedure when dealing with homeless is to move them along when they become too visible, too numerous, too comfortable; just move along. David Johnston refused to move. The hundred days in jail was for being homeless and defying orders preventing him from sleeping in parks. Police drove him out of town repeatedly, often leaving him out in the rain in winter. The Provincial Capital Commission hired security guards expressly for the purpose of torturing David. Then, after admitting that this plan “fizzled out” and the security guards were more frustrated than David, the cost of the security was given as evidence of David’s guilt. Accusations were made about David’s mental health and when his mother and next of kin flew out from Blackfalds, Alberta to lend her support to David and his cause, she felt the crown insinuated that she had mental health issues because she supported her son’s campaign for the rights of the poor. David fasted for over a month in jail and was prepared to die, but nearly forty days into a seven month sentence he was released, promising not to go back to St. Ann’s until after this Charter Challenge.

 

David refuses to touch money on principle; a spiritual principle well grounded in history, but there are thousands more people without shelter in BC, struggling to find a little place to sleep, twelve square feet, in a part of the world where real estate sells for thousands per square foot. To have no fixed address is not a crime in Canada, but it is treated as a crime and the homeless automatically bear the guilt of a social offence in which they are more victims than perpetrators . People suddenly without homes find rights they had taken for granted now denied them. Our state tortures Canadians every day, and the “Journal of the Occupation of St. Ann’s Academy” by David Johnston documents such torture of a homeless individual. This sort of torture is not out of the ordinary in the homeless community; it has become increasingly commonplace in the industrialized world, especially in the urban centers across Western Canada.

 

In the weeks before the challenge, Victoria has made moves to have the injunction against camping replaced in order to keep the Charter Challenge from being heard. The side against the poor, against the right to sleep, needs no help; multitudes of institutions work to protect their own interests and exploit profits from poverty. But who speaks for the homeless if they are not allowed to speak for themselves? It’s obvious after experiencing homelessness first hand that none of the voices paid to speak about the issue of homelessness have any idea what it’s like to be of a criminalized class. The nation of the under-housed has been waiting years for this nine day hearing to discuss protecting the rights of homeless people in Canada, and, like Camp Campbell, Victoria has no authority to silence our call for free human rights. But they are going to do it anyway. Support your local tent city.

 

///////////////

 

alright, that's, I think, most of what I wanted to say...

 

me

 

 

St. Ann's update- Wednesday, Aug. 29th, 2007: if you have interest in the 'right to sleep' read this update.

 

-

 

Good day all. I will be short. Here is a brilliant article that is in this week's Monday Magazine-

 

City wants out of case, Monday Magazine, Aug 29 2007

 

Homeless campers who took over Cridge Park in 2005 will be denied their day in court if the City of Victoria's lawyers get their way.

 

The city is applying for a "discontinuance" of a case that would have tested the constitutionality of Victoria's anti-camping bylaws and a temporary injunction the court granted in 2005. Nine days of court time were scheduled starting September 4.

 

"Their intention was to end the intolerable situation that arose at Cridge Park in October 2005," says Bruce Jordan, a Staples, McDannold, Stewart lawyer, who represents the city. The campers left, he says, therefore it's no longer necessary to argue in court about whether the bylaw and injunction are constitutional. The park is at the corner of Blanshard and Belleville streets.

 

But the lawyers defending the campers, Cathie Boies Parker and Irene Faulkner, say the campers have stayed out of the park partly because they knew they would get their day in court. "People have waited in good faith for two years to have the matter decided," says Boies Parker. "If the discontinuance is granted, the bylaws would still be on the books."

 

The judge in 2005 granted the injunction but set a one-year limit on it so the city would be motivated to come back to court to defend it, she says. "I was very surprised the city would take this step. I thought it was clear from the first injunction application that it was appropriate the constitutional issues be heard."

 

Faulkner says they will argue the case should continue. "The court recognizes that at this point in the process the plaintiff doesn't wholly own the litigation. The defendants have an interest in the outcome. It's an issue that's in the public interest to decide."

 

Corporate administrator Rob Woodland says it would be a waste of taxpayers' money to hold a trial, and he hopes the court will approve the discontinuance in the next few weeks.

 

If it's granted and the city fails to defend its bylaws, watch for David Arthur Johnston and others to erect a new tent city faster than you can say "cowardly abuse of process".

 

--Andrew MacLeod

 

--30--

 

 

Andrew MacLeod

Monday Magazine staff writer

(250) 382-6188 ext 136

arm@mondaymag.com

 

 

/////////////////

 

that about says it all. I knew they were intending seeking this "discontinuance", finding out now that they made it official. It is expected and very fun. We are all about to witness a genuine miracle. I do not know, yet, when their thing goes in front of a judge... I'll find out, I'm sure, soon enough... it will be anytime between now and Sept. 4th.

 

k- see you. Love you all... even the one's waiting for me to finish typing this...

 

David Arthur Johnston

 

 

St. Ann's update- Friday, Aug. 31st, 2007: the other alternative is martial law and internment camps (absolutely no joke)

 

-

 

Good days.

 

The city 'discontinued' their injunction and subsequently the Charter Challenge. Apparently, we are going to use the option of going in front of a 'master' to see about the city getting told that it cannot discontinue this action. So...

 

On WEDNESDAY, SEPTEMBER 5th at 9:45 AM at the Victoria Law Courts we hope to make clear how much this case going ahead is in the public's interest and get a 'master' (not quite a judge, yet with some limited authority) to tell the city that it cannot back out. The ball is in the court's hands. There is much conjecture about possibilities- the 'master' says the city is allowed to discontinue and our lawyers begin their own action, hopefully using the same time that was set for the other (which had changed from starting Sept. 4th set for nine days to starting Sept. 10th and scheduled for 4-6 days)... if there is rescheduling I still intend on pressing the issue in the form of 'civil disobediance' before the end of Sept.... the 'master' says the city cannot discontinue then the same stuff for scheduling... this is all very convoluted, I know... bare with it.

 

So. WEDNESDAY, SEPTEMBER 5th at 9:45 AM the court will have opportunity to expedite justice. We will see what happens. This is really important, it will reveal the court's anxiousness to determine the 'right to sleep', when it has the opportunity to do so.

 

Everyone should be there. No, really. Every mother and every father. Every religious person, Every person that has ever smiled at the notion of freedom. Everyone. If the natives ever want to see freedom again they should be there. Every environmentalist. Every activist. Everyone should be there. We were all born in a cage and not given a full picture of what has been happening to our world. This is a way out. If you don't want interment camps and martial law this is the only way.

 

peace and a love of truth be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, Sept. 5th: a 'master' will give ruling Friday morning

 

-

 

Went well. Noticeable moments. Irene was lawyering perfectly. Bruce Jordan, the city's attorney, again brought up my 'choice' to be homeless and how it made me unworthy of seeking or getting justice. I wonder if it has occurred to them that, in a world were choice would be possible, every person got to where they were through the 'choices' they have made... so the question is do we criminalize 'lack of discipline'? or do we start shining with the discipline we would like to see? I know discipline cannot be enforced and any who would suggest so is under a horror of a delusion... may we forgive them in their insane belief that order can be maintained through malicious behaviour... may they have ease in their acclimatization of divine order (it is through trusting that others trust that we can feel freedom)... however much sense that makes.

 

The 'master' (seemed astute enough) is going to give his ruling on Friday morning and then we will see if the city is allowed to drop this thing they started (by getting an injunction and subsequently allowed for the defence of it by way of the Charter Challenge, which is now scheduled to begin on Monday if the city isn't successful on Friday...). If they are not we presume they will try to postpone as much as they can to avoid having to defend their bylaws. That attempt could possibly come on Monday (Sept. 10th). We'll see.

 

My bravado is measured. I hope provision can be made so that I do not feel the need to engage in 'civil disobedience' in the not too distant future.

 

love you all

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, Sept. 6th, 2007: monumental comprehensive magazine article

 

-

 

good morning. Monday Magazine has done real good. found this after I wrote yesterday's update (can be found at- http://web.bcnewsgroup.com/portals/monday/ ). There were many pictures as well, that are only on the printed edition... can anyone say exponential escalation? here it is. have good days...

 

 

Pitching the Camping Case

 

Victoria police enforce check-out day at Cridge Park in October, 2005

 

By ANDREW MacLEOD

 

Sep 05 2007

 

Two years ago police evicted homeless people from Cridge Park.

 

Why won't the city see them in court?

 

One could pass Cridge Park a dozen times without noticing it, but it is at the centre of a court case that could reorder how we look at public places and how we treat the homeless.

 

The park is tucked in the curve Blanshard Street makes as it turns into Belleville Street, between the Church of Our Lord and a lawn bowling club a block from the Inner Harbour and the provincial legislature. Several mature trees, including a couple huge broad-leafed maples, provide shade. The grass underneath looks ratty and unloved. A small rose bed is past its peak. A chain link fence, broken at one end, runs several metres along the sidewalk. Beside the fence a red sleeping bag spills out of a garbage bag.

 

On a warm Friday morning in late August, David Arthur Johnston and I are the only visitors. "It's a throughway," says Johnston, a self-styled monk with a long beard and a straw hat who for several years has been in and out of jail as he's fought the city and the province for the right to sleep in public places. "It's not the city's Raj, it's not their jewel." Even the park's two benches face out of the park, seeming to confirm the road offers the best view around.

 

The park may not be much to look at, but it could have a huge impact on the city's street issues thanks to the coming court case. The case was set to open September 4, but as of this writing it has been delayed and lawyers for both sides were to be in court September 5 to argue whether it should continue at all.

 

For two weeks in 2005 the park was a much livelier place. A group of 15 or more homeless people and supporters, barred from the provincially owned St. Ann's Academy grounds across the street, set up camp in the city park. Johnston, who at that point had earlier been barred from St. Ann's, joined them.

 

He points out a spot near the sidewalk where the group had their kitchen, beside a tree that city workers have since cut down. Under the trees near the church, he says, was a large tarp with several tents below. Another "suburb" with more tents popped up further back. "It grew pretty fast. In three or four days it had gotten up to about 25 tents, 70 people. It shows that people thought it was useful."

 

City officials, however, didn't want campers taking over a public park, even one as grotty as Cridge. A long-standing bylaw forbids a person to "loiter or take up a temporary abode overnight on any portion of any park." Erecting a shelter is also against the law. So is "placing a chattel," a belonging, in a public place. So the city asked the courts for an injunction. The city sought a permanent injunction against the campers, but lawyers Catherine Boies Parker and Irene Faulkner, representing the campers, argued that it was unfair and likely against the Canadian constitution to block people from sleeping in the park when there is nowhere else where they can legally sleep. The city didn't have nearly enough shelter beds for the 700 or so people believed to be then homeless, and the beds that did exist were always full.

 

Judge Allan Stewart agreed those arguments were worth considering. He granted the city its injunction, but only temporarily—it expired in August, 2006—so the city would have to come back to court and make its case for why the order was necessary and fair.

 

Meanwhile, the campers had to go. On a grey October day police officers cleared the park. Photos from the day show at least nine officers standing around while campers roll up their belongings, in some cases stuffing them into shopping carts. One of the officers carries an arm-load of zip ties, frequently used to handcuff prisoners. A camper plays the fiddle. A fire fighter in a blue helmet douses the campers' barbecue.

 

The campers have been gone nearly two years and the temporary injunction expired one year ago, but now the city wants to avoid having to defend its position in court. On behalf of the city, Staples, McDannold, Stewart lawyer Bruce Jordan has asked the court to "discontinue" the case, arguing the injunction is no longer necessary. If that permission is denied, Jordan says, he'll be in the "highly unusual" position of having to prosecute a case the city doesn't want to fight.

 

"[City officials] think [the injunction's] purpose has been served," he says. "Their intention was to end the intolerable situation that arose at Cridge Park in October, 2005."

 

With the campers gone, the city has little to gain from going to court, and plenty to lose. A win would reinforce the status quo and camping in city parks would remain illegal. But if the city loses, Jordan says, "Potentially camping would be allowed in city parks at any time by anyone."

 

The loss would set a precedent that would apply not just in Victoria, but throughout Canada. Tents could go up in city parks from Victoria to St. John's and Windsor to Whitehorse. Anti-camping bylaws would become meaningless, and police couldn't use them as a stick to chase people out of parks. Homeless organizers and anti-poverty activists across the country are watching the case carefully.

 

Defending the camp

 

When I meet with Catherine Boies Parker and Irene Faulkner, the lawyers representing the Cridge campers, they are coming to terms with the city's move to discontinue and figuring out what to do next. "We didn't think the city would take this step of discontinuing," Boies Parker says. She picks her words carefully, but says she was shocked. "People have waited in good faith for two years to have the matter decided."

 

Their Fort Street office is in a series of high-ceilinged rooms in an old house. An issue of The Guardian, the newsletter for the Hospital Employees' Union, celebrating the win on Bill 29 is on the mantelpiece. Boies Parker worked with Joe Arvay on the case, which overturned the Gordon Campbell government's law that broke contracts with some 200,000 public sector workers.

 

When an injunction like the one for Cridge Park is granted, Boies Parker says, things tend to move quickly. Once the city had the legal authority, the police cleared people out. It's quick and dirty, and the finer points of the law don't get argued until later.

 

In the United States, she says, it's the kind of case the American Civil Liberties Union might pick up and argue. In Canada, such cases are much less likely to get heard, even when there's an obvious injustice being done.

 

"One of the things we were concerned about when the clients first came to us is there seemed to be such an obvious constitutional issue here," she says. "The people who are affected by this law are really unable to comply with the law." It is illegal to trespass on private land in the city. The police and the city were also making it clear there was nowhere on public land where people could sleep. The shelters were full and inadequate for the number of people who were homeless.

 

If the campers could have gone to a home somewhere, they would have, she says. Faulkner adds, "They didn't have that choice."

 

In a situation like that, where it was impossible to obey the law, the constitution should protect people. Says Boies Parker, "It was an issue that needed to be addressed."

 

The thing is, it's not easy for people who are homeless to push forward a legal case. If there's no money for rent, there likely isn't money for a lawyer either. If a person is having a hard time doing what it takes to get and hold a job, how are they going to conduct litigation?

 

"It just seems very unfair that it should be so difficult," Boies Parker says. "When you have an ongoing concern, it seems like it's in everyone's interest to have it decided, because it's not going away. The problem of homelessness, so far, is not going away."

 

A growing need

 

A homeless survey conducted last winter found some 1,200 people homeless in the CRD. That's up from a count of around 700 a few years earlier. Most people accept that homelessness is increasing, Faulkner says. "Lack of housing is the main cause. We're not building any more social housing, or we're building very, very little." The breakdown of families, difficulties for some people finding work, a low rental vacancy rate and failure to help people deal with mental health and addiction issues all play a role.

 

And yet we've done little to stem the growth, despite the rising concerns voiced by downtown business owners and others. More people are forced to sleep outside, says Faulkner, because despite the growth in the number of homeless people "the number of shelter beds hasn't increased."

 

The city has options. "There are all sorts of ways the city can address this," says Boies Parker. "It's a political question, how they're going to address homelessness." Solutions might include designating a place for camping, creating more shelter beds or helping people afford market rents. Boies Parker and Faulkner aren't arguing that people should be allowed to sleep anywhere, anytime, just that you can't apply bylaws to people that they can't comply with. "You can't try to legislate people out of existence," she says. "I think one of the important things about the case is people who are homeless, there's a tendency to want to sweep the problem under the rug, make it go away."

 

More support for the case going forward came when David Arthur Johnston was released on bail last summer. After 36 days on a hunger strike in Wilkinson Road Jail, the release was on the understanding he would put his energy into the court challenge. At the bail hearing judge Robert Bauman agreed that was an appropriate avenue for him to have his voice heard, says Boies Parker. So did judge Robert Metzger at the sentencing appeal. Says Boies Parker, "But [now] the forum gets yanked out from underneath him."

 

Faulkner says she and Boies Parker will argue the case should continue. "We're preparing to go. Our clients are ready to go and we're ready to go." If the city succeeds at stopping the case, it will be asked to pay the legal costs for the months of work that have gone into preparing an argument. The city would also face a new action aimed at striking down the camping bylaws, this time with the campers acting as plaintiffs. The case is already filed, but won't proceed until the first case is resolved.

 

If the court grants the city its discontinuance, the anti-camping bylaws will remain in effect. If a new tent city goes up, as it surely will, Boies Parker asks, would the city use the bylaws again? To seek another injunction based on bylaws it has failed to defend in court would amount to an abuse of process, she says, and she would plan to argue that in court. "To start the whole process over again seems incredibly unfair to people who have difficulty accessing justice to begin with. In our view it would be much better to proceed with the current action."

 

Perhaps, she says, the city has decided it can't win. "One would think if they were confident, they would want to proceed."

 

Or maybe the city agrees the bylaws are unfair and has other plans to deal with homelessness that will make the case irrelevant. "It may be the city looked at this issue and said, 'we shouldn't defend these bylaws,'" she says. "It may be that the city is declining to defend these bylaws because they intend to do something that will enable people to have a place where they can go." She adds, "If the city has some other plans, it would be good to let us know about them . . . If there was an opportunity for people to have safe, secure shelter, other than this in the city, we couldn't make the constitutional argument we're making now."

 

Whatever happens, Boies Parker, Faulkner and their clients won't let the city walk away. "We're very committed to making sure this issue is addressed. If the bylaws are going to be relied on and enforced, their constitutionality needs to be tested."

 

Pitched position

 

Victoria's corporate administrator, Rob Woodland, says the city stands behind its anti-camping bylaws, but there's little point proceeding with the Cridge case. "In the interest of being prudent with taxpayers' money and the fact it hasn't been repeated, we felt a lengthy trial at this point wouldn't be worthwhile," says Woodland. "When we dealt with the matter in the fall of 2005 there was a massed camp that was causing damage to the park." Now, he says, things have improved.

 

Of course things have improved in part because recurrent campers like David Johnston have stayed out of the park while they wait for the case to be heard. If the city backs out, they'll be back.

 

So, when they start setting up a new tent city, will the city use the bylaws again? Woodland says, "We'd have to review the situation as it arose at the time. The city is concerned to maintain parks that are open for all users." It would depend on how the use and "integrity" of the park were affected, he says, and certainly people would be encouraged to move on and make use of whatever resources are available from non-profits or the government before any enforcement was made.

 

But what about Boies Parker's argument that a court is unlikely to grant another injunction based on bylaws the city has chosen not to defend? "I can't say, to be honest with you," says Woodland. "I can't predict the future and I wouldn't make a judgement on how we'd respond."

 

However, mayor Alan Lowe says the city would likely use the bylaws again. If a new tent city starts, he says, "We'll go back for a temporary injunction. We believe the parks are for everyone to use and not for individual groups to take over."

 

Lowe says the city is right to pull out of the case. "The temporary injunction worked. We didn't want to spend more money to do something that may not be necessary . . . From our point of view there's nothing to go to the courts for at this point, so why spend money on something we don't need?"

 

The courts aren't the place to deal with social policy issues anyway, he says. The city is making progress on homelessness, he says, and will continue to make progress. In mid-October the mayor's task force on breaking the cycle of homelessness, mental illness and addiction will report. Says Lowe, "We're about to see great things." When pressed for details he says the task force is looking at other models from Canada and abroad, but everyone will have to wait until October to see what the task force recommends.

 

Asked if the city would ever start its own tent city, which could then be managed with the public interest in mind, he says, "No, the city would not, I don't think. I just don't believe that's what we should be doing." He'd rather see resources go to temporary shelters and other housing, he says.

 

Woodland says dealing with homelessness requires the co-operation of the provincial and federal governments. Right after police disbanded the Cridge camp, the city and the province introduced the cold and wet weather protocol which saw more shelter beds opened during the winter, beds that were removed when the weather improved. The city has also contributed money and support to open the new Our Place building on Pandora Street. When it opens in December, it will provide housing for 45 people. The new housing replaces 22 beds that were part of the Upper Room, meaning the multi-year project will result in a net gain of 23 places to sleep.

 

Staking the next tent

 

A tent city would help reduce homelessness, says Janine Bandcroft, co-ordinator of the Victoria Street Newz. "To me it's a viable solution in this society," she says. "At least it's a step. Then they're visible somewhere, they're accepted as part of society." With high rents and expensive real estate, people need somewhere to go. "The cost of housing is not going to change," she says. "{A tent city] is a stopgap for some and for others it's just where they want to be." It provides people a measure of security so that they can sleep without being afraid of violence or theft.

 

Tent cities have existed successfully in Portland and Seattle for many years, she says. Edmonton had one this past summer. It had a water tank, a portable toilet and a fence, all things which helped it run smoothly and hygienically. Media reports said more permanent housing was found for some 30 residents before the camp was closed last week.

 

Bandcroft is hopeful the Victoria case will proceed. "I think it's going to be precedent-setting here and for Canadians everywhere," she says. "I think it's a big deal. Irene and Catherine are wonderful for taking it on."

 

Sitting in Cridge Park, Johnston imagines what the next tent city will be like. "Right now everything is on schedule," he says. "Pending political manoeuvring, it's always hard to say how things will go. I predict at the very least the judge will find the anti-camping bylaw unconstitutional." Perhaps, he says, the judge will go further. "I hope and fantasize the city will be ordered to make provision for basic facilities in the form of washrooms, maybe a kitchen, maybe showers."

 

Last time around, without the city's support, campers had challenges with things like finding places to go to the washroom. Johnston says during the day they would use nearby public washrooms at places like the library and the bus station. Night was more of a challenge. "Some people learn to poo in bags," he says. A little bit of infrastructure would make a huge difference to the running of the camp.

 

The tent city will be a family-friendly place, he says. It will draw some of the people who sleep on the sly in other parks around the city. "I'm looking forward to tent city as a community of highly intelligent, industrious people helping each other out," he says. "The tent city will be like the wild west. There will be good sturdy folk, there will be sheriffs and there will be . . ." he pauses, looking out at the street for a few moments, before adding, "I want to say something like 'the flailing victims of this delusional society.'"

 

Like last time, it will be open to a wide variety of people. "Even obnoxious drunks, flailing meth heads, need sleep and love and the support of a community," says Johnston. "There are basic necessities of life that draw us together no matter where we come from. The first one being community. That is more important than sleep."

 

He predicts some people won't like it. They'll throw beer cans at the campers and hurl insults as they drive by. But others will support the camp, seeing the need people have for a place to stay and the power of what it represents. "Old retired people will come to like us because we represent a kind of freedom most of the first world has never seen before." He adds, "It's about basic freedom. There are those who, rightly so, can not adhere to normalcy".

 

Whether the Cridge case goes ahead or not, there will be another tent city in Victoria, Johnston says. The case should be heard so the city doesn't have to come back time and again to waste the court's time with injunctions. There's no doubt, he says, people need somewhere to go. "The tent city is housing. The judge may very well in an instant solve the affordable housing crisis in Canada." M

 

/////////

 

alright.

 

not much else. waiting for the master's ruling Friday morning. then for Monday...

 

k

 

peace,

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, Sept. 7th, 2007: 'discontinuance' set aside

 

-

 

Good day. Patience be with us.

 

The court denied the city its 'discontinuance'. MONDAY (this MONDAY. The 10th. The one where there is going to be a zoo of activity... should be very fun) the trial will begin with the city asking for an adjournment (because 2 years hasn't been enough time to prepare a defense). We will not oppose no longer than 60 days with the condition that the city make provision, at least until the actual challenge happens, in the form of a place where the bylaws are exempt within walking distance from downtown. Added with that a provision for growth (when capacity is reached another one is started). The city, so far, does not agree with the suggested provision. It is hard to say what the judge will do. He could give the adjournment for any amount of time, or not give it at all and the case will begin in earnest the next day (Tuesday). He could give the city an 'ultimatum' where they can be ready to go now or accept being ordered by the court to make the provision that is asked... or 10000 pianos might fall out of the sky- it really is hard to say...

 

I'm in a position where every 'variable' is taken into account- so I'm just chillin' and enjoying this very real dance. Hope you all get here.

 

in humility,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Sept. 10th, 2007: adjourned until Wednesday

 

-

 

alrighty... a bit hard for me in considering that, officially, the judge is just beginning (mostly- he is the fellow that released me on bail after that last fast) whereas we've (and I've) been at it so long. So, on WEDNESDAY, SEPT. 12th, 2007 at 2:00 PM the judge will determine if a summary trial is appropriate, then say how long an adjournment would be. If they continue with the summary trial then it looks like a couple of months, if they want a full trial with witnesses and such it may take much more time (I can't wait that long, it is madness, truly. Everyone knows what is going on- the city thinks it is acceptable to do really horrible things in the name of order and the 'crown' highly backs them in this). Waiting two months will take the last of my reserves, a year is impossible.

 

Because it is potentially a law changing thing the attourney general's office is getting involved, seemingly on the side of the city. It would be nice to go to court and find the city actually charged with a crime and the local police, at least temporarily, replaced by RCMP (if people were willing, I would be very happy to have no police). It may be good that the crown is getting more involved as it will make them more culpable when the ruling comes down. We, absolutely, have evidence of the 'crown's' bias.

 

Apart from the impossibility of a judge ordering the city to make way for a temporary tent-city, I hope being a named defendant might encure more weight in the setting of provision until the challenge is heard. Mainly in the name of the city putting me, personally, up (without the use of money. Maybe I could stay in Alan Lowe's garage...) Maybe the judge could order the city to do that on the validity of my involvement with the case (I cannot do anything that doesn't take my involvement into account; I can't leave or put myself in a position where getting to the courthouse for this case is impossible). Then it is not a question of why I am a defendant, but more, the city obstructing me from participating in a trial saying that I don't have the right to believe what I truly believe. Namely, that the world needs to be saved, and will be saved through the acknowledging of the sin of pride. Maybe it should be pointed out that even if I am crazy the city (and the 'crown') are still being really bad people.

 

anyhoo, Wednesday seems like more of the same- so if you like sanity, justice, freedom or even just a real life episode of Law and Order, you should be there.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, Sept. 12th, 2007: back to St. Ann's

 

-

 

The judge's hands tied. Initiative will not come from the court. Case adjourned until January at earliest. Will see if alternative action can happen before Friday afternoon when I intend to put effort into starting a tent-city with a sentiment of 'arrest me or fuck off' to the police (in the nicest humblest way- patience be with me). There promises to be enough action- cardboard and cops. Now that the Attourney General is giving full backing to the city I have no qualm with going back to St. Ann's, so I intend to- because it is a practical spot for a permanent community and apparently there is no authority to tell me not too.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, Sept. 14th, 2007

 

-

 

alright.

 

Waited around courthouse with people to hear from lawyers on when the Charter Challenge will officially happen. January 18th is a date all the lawyers are bouncing around. They will present this with a judge, to make official, on Monday.

 

I got to St. Ann's about 4. 7 other people. 3 reporters. Chilled for a bit (not more than an hour) then reporters leave. 5 minutes later cops pull up. Arrest me for violating the permanent injunction that is on St. Ann's until 2008 (what does permanent mean again?). They take me to the copshop and leave me in the car. Meanwhile they've told my friends that they will be able to see me on Monday when I would go in front of a judge... so they all leave. Police drive me back to St. Ann's because the injunction doesn't go into affect until 11:00 PM. I meditate a couple hours and absolutely no one else pops by. Security dude comes by to say hello. I use his cellphone to call my friend to let him know I am no longer under arrest. He comes. I accept that people are not coming and presume they are going to wait for the trial in January. Tent-city is not happening now. I have to wait until January for the freedom to sleep unobtrusively under a tree, it seems.

 

The fact that I am a father-to-be is about to hit the mainstream. The only thing I will say about that is that I'm doing what I believe every father should be doing. The faster this is dealt with the faster I can get on to being a proper father.

 

The maintenance of capitalism absolutely requires interment camps and a sweet mild martial law. Love be with us.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

If I were a rich man...

 

-

 

Even if I was the 'richest' man in the world would I not, by right, have the option to be trusted (presumed innocent of) to sleep, conscientiously, in any public access space, regardless of 'emergency shelter beds'?... or are we happily accepting fascism in the name of maintaining a financial economy? Are we under a huge ridiculous delusion that would have us carted off to internment camps because allowing free sleep is mortally detrimental to what people know as 'Canada'? Are we so unwilling to consider the infeasibility of capitalism that we will condemn an entire section of society? Have the courts no notion of the fundamental principle of justice (the idea that there is an absolute truth and all justice is measured off of it)? Do we allow for justice then deal with the backlash as it comes or do we continue to believe in a lie because it is in the best interest of Canada? Do we bow to the devil in the name of order or do we transcend and start healing the world before world-wide martial law is enacted?

 

Because all 'choices' have a reason they really are not choices... like it or not, original thought is impossible.

 

Patience for every cop and for every pretty girl.

 

patience is with us,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. Oct. 10th, 2007: find something you do not doubt

 

-

 

I love all of you. Alrighty...

 

The trial is still tentatively scheduled for January 22nd. The province is going to try and strike the whole thing in court on October 30th and 31st because of a technicality. Our lawyers are confident about it, though- I get the feeling it will be a reenactment of the city's attempt at a discontinuance.

 

OK. Here is the thing that is on my brain now- the lawyers position is that the bylaws are unconstitutional because they restrict those who've no where else to go, meaning that if the city and province put up a warehouse with 500 beds they would not have a case anymore. This case is based around the tent-city that was in Cridge Park over 2 years ago and the defendants will be scrutinized to see if they had other options besides the tent-city. The only thing I have going for me is my joy of articulating my justification for not using money- this is the point where the city and the police and the province can be held accountable for their lack of innocent presumption in a person's ability to sleep conscientiously on public access property. That is exactly what the 'crown' does not want- they will do their best to hypnotize the masses into thinking that internment camps and martial law are necessary... and they are doing a good job of it.

 

In the meantime I will continue with my primary job, which is to spread the gospel- that pride is sin because fate is real.

 

May the love of truth pervade.

 

I, sometimes, have a problem with going to people to get help because I've tried it lots. Over time I have learned that if the issue is important enough and bright enough people will come to it. In this case my desire would be to let people know that help would be nice and would directly affect this planet's birth pangs as it evolves into freedom... people will do whatever their experience leads them to do- may their experience lead them to humility and a moment where data on this battle is in front of them. May I be forgiven if my words are not clear enough to inspire. May we all be forgiven if our acceptance of fascism is because the person fighting for freedom is not the hero we all wait for. Pride is sin because fate is real.

 

in glorious fatigue,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Oct. 26th, 2007: Halloween Action Regarding 'Right to Sleep'

 

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On OCTOBER 30th and 31st (next Tuesday and Wednesday) the province is attempting to have the entire Charter Challenge dropped. Starting at 9:30 AM on OCTOBER 30th at the Victoria Law Courts lawyers for the province and the corporation of the city of Victoria, and our lawyers, will go in front of a Supreme Court judge to determine if the case is to go ahead (still tentatively scheduled for January 22nd, 2008). It will be open to the public and may very well have a metal detector outside the courtroom door (apparently they do that for Supreme Court stuff sometimes).

 

That's it for now- Will the province make an ass of itself in its obvious criminality or will the people turn their heads when justice is sacrificed to maintain the status quo of a 'crown' that cannot admit to insanity; the status quo of developers and the tourism industry; the status quo of people who pretend lies and psychotic behaviour can help keep order.

 

anyhoo... until then. Love you.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Oct. 30th, 2007: pausing to define

 

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We didn't even get to the point where the province tried to drop it because the city lawyers 'needed' to ascertain the definition of 'abode' from the city council and they need to wait until the next council meeting to see if abode means cabin or tent... I know. I know.

 

Trial is still set for January 22nd. We'll find out at the next council meeting (if they can pencil it in) or the one after it (Nov. 15th or something)... then they will either say that people can sleep in the park with the things needed to sleep, probably on a nightly basis- meaning one can provide for their own shelter if they have the capacity to carry their tents when not using them (we'll see what happens when they try to move me along at the proposed time of 7:00 AM)... otherwise, things would just continue with the province trying to discontinue the trial altogether.

 

I am confident that I, ultimately, cannot be fooled by the city and the province. And regardless of how acceptable the general public feels about the changes that are made, I will still make them kill me if they cannot find within themselves the ability to determine if I can sleep conscientiously on public access property. Lawyering and courts are how we presume innocence of the government and its ways (essentially giving the gov't the chance to do the right thing and avoid a revolution and, subsequently, martial law)- if that fails then we make due without them.

 

love you all

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, Nov. 8th, 2007: city to consider meaning of 'temporary abode' tonight

 

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City council meeting tonight. I believe they start at 7:00 PM (you might want to come a bit earlier). As far as having a chance to speak, I believe the form for requesting an audience (for 5 minutes) is supposed to be in before 11:00 AM on the day of the meeting... I intend to attend and I will see about having a moment to speak anyway, on the premise that I am an expert on the matter and have prudent suggestion- namely that if they are going to say that tents can be set up from 9:00 PM to 7:00 AM (or something like that) I would counter with two points: 1. that it is cruel and unusual to force people to carry their homes when they need not to, and 2. that it is cruel and unusual to force people to adhere to a pre-set routine of waking and sleeping as the wind, the rain and our backs are the things that determine our fatigue. Then I would point out how the 'allowance' of tent-cities is all it takes (with provisions for growth and assistance in amenities of basic survival A.K.A. water and compost toilets) to fulfill our duty as 'our brother's keepers'.

 

So, tonight...

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, Nov. 9th, 2007: quick note

 

-

 

At the city council meeting last night, the city told us that they'll give us their definition of 'temporary abode' in court within the week. More nonsense of course. Date for trial still tentatively set for January 22nd, 2008.

 

cool. love y'all.

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Saturday, Nov. 17th, 2008: 'abode'

 

-

 

it has been determined by the city that it has ALWAYS been legal to sleep on city owned public access property, with a blanket or a sleeping bag. To construct an abode, however, in form of tent, tarp or cardboard is unlawful. Somewhere in there is mentioned a time of 7:00 AM that it may inspire police to wake... so they say.

 

I have direct experience otherwise... we'll see if that matters.

 

It simplifies our case, though. "Why is it sleep is made more difficult the harsher the weather gets?"

 

The next step now, in the Charter Challenge, is to get back to court, presumably for the province to resume its attempt to get the entire thing dropped. Assuming they fail the Challenge is still set for January 22nd, 2008. Hopefully have an idea when on Monday when I talk to lawyers.

 

patience be with us- have no doubt we find what is necessary within ourselves to divert the horror kills and retards us daily. Your true happiness really wants you to divine 'fate'.

 

It will not suprise me to know that some alive today will see global freedom realized. It is a trip, but we get to enjoy being ninjas, right and true.

 

peace,

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, Nov. 20th, 2008: 'homeless' responsible for global warming

 

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love y'all

 

k... we got the city's affidavits it is going to use to defend the anti-camping bylaw. Homeless people are killing all the endangered plants in the parks and disturbing bird habitat. There are photocopies of newspaper articles about the Mayor's Homelessness Taskforce, a cop admitting to adhering to an "unwritten policy" of waking people up at 7:00AM and stating that people have always been able to sleep in the park with a blanket or sleeping bag, but not tents, tarps or any structure that can actually divert the weather. there is also much budget type documentation showing the hundreds of thousands of dollars it takes to 'take care' of 'these' people. Apparently, it costs about $500 to put out a fire at the beach.

 

It has become obvious that the whole defining 'abode' nonsense was so the city could have time to make its affidavits so they can present them to the judge that will be in front of the province as it tries to discontinue the case. The case is still set for January 22nd and we expect the province to be scheduling some time in front of a judge before that.

 

patience be with us all in this 'battle' for planet Earth

 

It is weird being me. I'm weird. It is weird knowing everyone that thinks they make choices is wrong. It is a strange job battling the defenses of crazy monkies, not being able to hate them while they condemn the world to death. I might be talking about you, and I'm sorry. Just a moment of consideration is all I ask- imagine how it could be true that there is no such thing as choice and never could be... how all the 'choices' you've ever made could have been the only 'choices' they were because of who, and where, you were at the time. This is logic... and also the reason pride is sin. If you know something for sure then you know anyone suggesting otherwise is lieing, those more adamant just further away from naivety.

 

in knowing pride as the backbone of the 'Satanic' agenda,

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, Nov. 27th, 2007: short and sweet

 

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The Charter Challenge set for 10 days was to happen January 22nd, 2008. Now, with agreement on both sides the time needed is shortened to 5 days, making the NEW DATE for the CHARTER CHALLENGE to be on JANUARY 27th, 2008.

 

The crazy ones that think they own the land are doing, and will do, all they can to disrupt and distract from this course. certain conditions and 'no goes' for people arrested for different things beforehand... a play-up of all they offer, saying they're doing the best they can while under all these restrictions and limitations set on them by their gloriously democratic gov't. They're doing what the people of BC want when they put condos everywhere and subjugate the 'homeless'... really. democracy wouldn't fail us... no, never...

 

Truth is the truth, people. And your taxes are killing everything. Love truth if you want to save the world.

 

in fate and patience,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Dec. 4th, 2007: date for attempted discontinuance

 

-

 

alrighty...

 

JANUARY 9th and 10th, 2008, has been set aside for the Supreme Court to hear why the province thinks the Charter Challenge should be discontinued.

 

I mentioned in the last update that the beginning of the Challenge was changed from January 22nd to January 27th. Apparently, I was wrong and it is scheduled to begin on JANUARY 28TH.

 

Side note- my trial for the NO LOITERING sign protest in the library courtyard has been adjourned to April 18th, 2008, to wait the results of the Charter Challenge (which, in part, will determine the constitutionality of chattel prohibitions, and the NO LOITERING signs also include NO CHATTELS). I was slightly taken aback when the 'crown' suggested that just because the Charter Challenge is scheduled to be heard over 5 days, the judge can reserve ruling for a bit as well. I guess that can be expected. It might be more realistic to expect the tent-cities to start setting foundation in late spring, early summer... that is, of course, presuming the province doesn't get its 'discontinuance'- if it does then action will happen much sooner.

 

love and patience be with us all- beware fretting the impossible

 

in holding on and letting go,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Dec. 10th, 2007: spies and the joy of paranoia

 

-

 

everywhere, all types from many different organizations

 

I read an article a couple years ago about how the military was asking for more money to deal with 'asymmetrical threats' (psychological campaigns designed to sway public opinion). They were asking for an extra 1 point something billion... I think they got a couple of hundred million to spend over 10 years (or something like that).

 

people snitch because they're under a spell where they give authority to the police

 

malevolent churches (United, Anglican and Roman Catholic... just to name some bigger ones) whose power base relies on secrets being kept

 

provinces, municipalities, tourism departments, business associations sending in people to instigate, gather info and cause general perceptions of groups to be seen as flailing and/or violently abusive

 

it really is everywhere. I've had a couple interesting moments in the last couple days. On Saturday i was on my way out to the treesit rally and was approached by a fellow at the bus stop. pleasant enough, smoked a joint with me, we got on the bus and sat in the back next to another fellow and then he starts with the loud proclaiming of how the Jews and Chinese are so bad... i was being measured. it got to a point where I told the guy i was sure he was a cop. the fellow sitting next to us was giving an opposing view and sounded like he was in an infomercial (he was wearing headphones, so maybe that was why he was talking a bit loud)... anyhoo, it was all effed up. The other thing that happened, and the reason I'm inspired to write about this subject at all this morning... What is it when the expectant mother of your child tells you that being at the birth is incumbent on her being assured that you would miss court dates to be there?

 

just putting it out there- spies, a lot of the time are funny and smart. they also make a science out of appearing innocent. To counter their doubt-sowing techniques it is advised to have something you do not doubt- then you will know if you are being lied to if they disagree.

 

Patience be with us all. Spies are people too and are open to benevolent inspiration as anyone... they're also good for chores.

 

peace and love

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

The Most Important Event In Canadian History (A.K.A. Here Come The Tent-Cities)

 

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JANUARY 9th and 10th, 2008, the Provincial Government of BC is bringing us to a BC Supreme Court judge to attempt a discontinuance of the 'Right to Sleep' Charter Challenge that is due to begin JANUARY 28th and is set for a five day trial.

 

Success of the Charter Challenge, the striking of the Corporation of the City of Victoria's 'anti-camping' and chattel bylaws, would mean that the people's right to facilitate survival would preclude any restriction if done conscientiously. Meaning we could set up tents with an attitude of minimal damage, anywhere we saw fit, ultimately not limited to any 'private property'. Making those who would restrict their 'property' having to make it physically inaccessible (12 foot high razor wire fences around the parks) or to simply trust in the good nature of people. I trust the first tent-cities will begin on government land, as, generally speaking, people would like to impose as little as possible on the sensibilities of those who've long held property 'bought' from the 'crown'.

 

Being a Constitutional issue, every municipality in Canada would have to adhere. In time there will be multiple tent-cities- some for families, some more 'front line' (where many angels will get their training).

 

The beginning of the tent-cities mark the end of capitalism, most notably when a mass of people understand that they no longer 'have' to pay rent, bringing economic collapse.

 

This is for real, folks... If the court says we must pay to live it means that they're fascists and we're slaves. It means, knowing better, there would be no way to maintain sanity AND ignore the responsibility of rather being dead than corrupt. Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. Jan. 9th, 2008

 

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more official than my blurb this morning (sorry I forgot to BCC it)

 

One of the 'crown' lawyers got sick so the discontinuance application has been postponed, probably until next week. Our lawyer also said that it is likely that the main trial, (pending our success at the province's attempt to squash it) that is scheduled for Jan. 28th, could very well be postponed as well... until late spring/early summer.

 

There is a very distinguished spirit drain for the moment. A lot of people waiting for this, getting their hopes up that maybe finally something will be done, then no... more waiting. I feel like I have had more time added to my sentence of waiting. The only thing keeping me going is that this whole thing is the only reason for my life right now. I need to deal with this horror of the 'crown' or die trying... mayhaps the delay will bring inspiration from other parts... or maybe everyone will just give up and turn their heads, in the name of 'the sanctity of private property', while the internment camps are set up.

 

My new graffiti, and every child should see it- "Taxpayers are retarded psychopaths. Pride is idiocy because fate is real. Do you really love truth?"

 

peace be with us when we need it most,

may I be forgiven if I scream while I'm murdered by the taxpayers,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. Jan. 23rd, 2008: new dates

 

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The province's attempt to discontinue the case has been set for 2 days during the week of FEBRUARY 18th, 2008 (I guess when we get closer we will find out more exactly which days... might be normal bureaucratic crap or might be a way of limiting the number of observers... I don't know).

 

The 'Right to Sleep' Charter Challenge has been rescheduled for a 5 day trial beginning on JUNE 16th, 2008 (pending our success in Feb.).

 

I believe it would be prudent to have a back-up plan in case something weird happens (A.K.A. economy collapses and guarded internment camps spring up to maintain 'order'... or anything like that). Have 'emergency' gear ready and a set meeting area (I highly suggest St. Ann's Academy on Humboldt and Blanshard).

 

What I would have everyone do- figure out how it is possible that there is no such thing as 'choice' (by analyzing any 'choice' you have made and determining whether or not you could have 'chosen' differently given that you were who you were and the environment was what it was when you made the 'choice'). Then understand that this is true for everyone. Then understand that it is this reason that pride is an inherent lie (as original thought is impossible). Then understand that it is better to not support any person or organization that extols pride as a virtue. Then conscientiously assert the right to live without adhering to the authority of government that presumes control... yup... that's pretty much it.

 

Patience be with every ego.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tues. Jan. 29th, 2008: the rally went very well

 

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On Monday, at noon, about 20 people and a significant media presence gathered outside the courthouse, here in Victoria. Some big signs and lots of interest. Rose spoke well, letting the people know where the thing was at and letting the people know that this current delay is because a 'crown' lawyer got sick. I think I may have done well in the few interviews I did, giving a concise summary and saying a few things that needed to be said (ex. referring to explaining why I'm willing to die for this- "because I cannot be sane AND content myself with their horror.")

 

This will carry us into the week of FEBRUARY 18TH for the two days where the province gets to try and convince a judge that this case should not continue. Then pending their failure we'll all be getting ready for the long awaited Charter Challenge to Determine the Right to Sleep scheduled for a five day trial beginning JUNE 16TH, 2008.

 

I predict we'll get to the trial. The judge could possible reserve his/her ruling for a moment (week or two, or something), then I expect the bylaws will be found unconstitutional. Then I expect the 'crown' will see the ruling appealed and try to say that the ruling should not go into effect until the appeal is heard. I will do otherwise, understanding that the bylaws have been stricken, only to wait and see if their appeal works and have them attack the tent-cities that have been blossoming all the while.

other than that, I wish you all patience.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Feb. 13th, 2008: discontinuance + urgent treesit news

 

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Apparently the province doesn't have to give exact time until 3:30 the previous day, before the discontinuance is supposed to happen. Meaning it will happen on Monday and Tuesday or Tuesday and Wednesday, starting at 9:30 AM.

 

In other news- this morning 50 to 70 RCMP officers assaulted the treesit that protests the proposed 'Spencer Road interchange' in Langford. Equipped with machine guns and a logging truck they are in full horror mode. Arrests have been made and a call out for support has been serious and loud. Seems one fellow has been in the trees and everyone else has had access to the site blocked off.

 

So... taxes are an affront to truth and more and more people are seeing it and soon my adamance of pride being insane (because every action is a reaction A.K.A. fate is real and dictates all motion, indicating the impossibility of 'original thought') will not be so quickly dismissed. Then people will enjoy the warrior mentality of rather being dead than supporting this particular lie, the 'crown' will be expelled from Canada (withering and dieing), and no one again will have to pay taxes or rent (as all the land people bought from the 'crown' isn't actually theirs). The 'crown' will resist, yet we will all find that tent-cities are politically more feasible than internment camps. We'll get busy planting food everywhere and establishing massive community networks to survive this biblically massive tribulation.

 

Peace be with us all. May we all enjoy remembering we are just monkies that do not have to pay the trees for their apples.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Feb. 17th, 2008: quick note

 

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alright...

 

The discontinuance attempt is not going to start on Monday, so we are expecting TUESDAY and WEDNESDAY (Feb.19th and 20th) to be the days. Apparently they couldn't do Thursday so that means Friday is out to. We'll see if they continue to ignore the spirit of due process and call in sick again (no one would expect that). There will be a point where the courts would rather not be made fools of by the 'crown'. Mayhaps the 'crown' will show a little prudence and just start preparing for all the spin-doctoring they think they will need leading to the trial in June, and for after.

 

This will graduate to a whole new arena when the 'crown' sees the tent-cities as they really are, inevitable. Then the real work begins.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tues. Feb. 19th, 2008: oh this is good

 

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just got this this morning from one of our lawyers-

"Hi David,

 

Unfortunately, there is no judge available again today.  This happens from time to time.  The Trial Coordinator tells us that the courts all over the province are extremely busy this week. So, we continue the waiting game.  We'll keep you posted.

 

Irene"

 

yup... I'll find out more. Like how to sue someone for 'lack of due process'... we'll see. have patience with the 'crown'- it is their job to be the king vampires; the job of taking us off our centers so we do something stupid... patience is how we keep our centers on course. peace.

 

Also...I did acid yesterday and was given a message from the other side to give to everyone- "Don't worry. God has been doing this to Itself forever." also the notion that we are doing more than Gandhi- not only will we expel the 'crown', we also end it.

 

in fate and patience,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. Feb. 20th, 2008: on the radio late tonight

 

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Based in Montreal, the Homelessness Marathon is being broadcast Canada-wide. At 3:00 AM tonight (here in Victoria, BC) I'll be on a panel discussing the Right to Sleep Charter Challenge and 'homelessness' in general. More info at- http://www.ckut.ca/homeless.html .

 

All the stations broadcasting-

 

YUKON

CHON 98.1fm - Northern Native Broadcasting, Whitehorse

BRITISH COLUMBIA

CJLY 93.5 - Kootenay Coop Radio (Nelson)

CJSF 90.1 MHz - Simon Fraser Campus Radio Society (Burnaby)

CiTR 101.9fm - Student Radio Society of UBC, Vancouver

CFUV 101.9FM - Victoria Student / Community radio at the University of Victoria

CFUR 88.7 FM - University of Northern British Columbia - Prince George

CO-OP Radio 102.7 FM - Vancouver

CFBX 92.5fm - Kamloops Campus/Community Radio

CHLY 101.7fm - Radio Malaspina, NanaimoCJMP 90.1fm - Powell River

ALBERTA

CJSR 88.5MHz - First Alberta Campus Radio Association (Edmonton)

CKXU 88.3fm - CKXU Radio Society (Lethbridge)

SASKATCHEWAN

CJTR 91.3 - Radius Communications Inc (Regina)

CFCR 90.5 - Community Radio Society Saskatoon

MANITOBA

CJUM 101.5 MHz - U of Manitoba Students Union (Winnipeg)

95.9fm CKUW - Winnipeg

ONTARIO

CHUO 89.1 MHz - Radio Ottawa Inc.

CHRY 105.5fm - York University, Toronto

CFRU 93.3 FM - University of Guelph

CKLN 88.1fm - Toronto

CFBU 103.7fm - St. Catharines

CJAM 91.5 MHz - Windsor

CILU 102.7 FM - Thunder Bay

CFRC 101.9 MHz - Radio Queen's University (Kingston)

CKLU 96.7fm - Sudbury

QUEBEC

CKUT 90.3fm - Radio McGill (Montreal)

CINQ 102.3fm – Radio Centre-Ville (Montreal)

CKIA 88.3fm - Radio Basse-Ville (Quebec)

NOVA SCOTIA

CKDU 88.1fm - Dalhousie U. (Halifax)Caper Radio Inc - Sydney

NEW BRUNSWICK

CHMA 106.9fm - Mount Allison University, Sackville

CHSR 97.9fm - University of New Brunswick, Fredrickton

CFMH 92.5fm - Campus Radio Saint John

NEW FOUNDLAND

CHMR  93.5fm - Memorial Uni. of Newfoundland, St. John's

 

Also, I wanted to say that the 'line has been drawn' for me. If the Charter Challenge is delayed past its June 16th start date that I will metaphorically scream like I'm being raped and force the issue. I love patience... I also know that it is made for inspiration and when the inspiration comes then I will dance...

 

So, until the 'crown' officially recognizes the insanity of pride or until it dies, enjoy the war,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Mon. Feb. 25th, 2008: the new new days for the discontinuance attempt

 

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Like last time, it is set for 2 days in the week of MARCH 3rd, 2008.

 

The 'Right to Sleep' Charter Challenge is still set for a 5 day trial beginning JUNE 16th, 2008.

 

Are we all too busy to love the truth? I enjoy the grandness, myself... the fall of the 'crown' and the survival regardless. So... you are the Buddha and every time you reflect the belief or support the notion of original thought, you are making an ass of yourself... taxes is like mass baby raping machine. Love truth and you will see... other than that, have fun and enjoy objectifying all the traumas.

 

Anyhoo... patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, Feb. 29th, 2008: an actual real date

 

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The Province & City's application to have our pleadings struck will go ahead on MONDAY, MARCH 3RD, at 9:45 AM before Madam Justice Gray.

 

If they fail then we continue on to JUNE 16TH for the five day trial that will determine whether or not the anti-camping and chattel bylaws are constitutional. If they succeed then the courts deny an opportunity to further justice and tell the whole of Canada that all legal citizens must pay to sleep.

 

in enough strength,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Mar. 3rd, 2008: a little more tomorrow

 

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I always like the court stuff. It seems to be going well. I do not like presuming how it will go. I like the idea of presuming innocence of the judge. The weird thing is I know what outcome would be innocent, so I will be able to tell by the judge's ruling (which very well may be reserved for a moment or two... can't imagine much more than a couple weeks) if she maintains innocence. I feel I should be presuming she will... maybe I'm corrupted by some sort of 'occupational hazard'... I want to be humble.

 

So, tomorrow (Tuesday, Mar.4th, 2008) at 9:45 AM we continue with our lawyers giving the rest of our defense (they will probably be done before noon, and maybe afternoon the judge might give a ruling or say she's going to reserve the ruling for a bit).

 

Also, there is going to be a showing of the 'Right to Sleep' documentary (Love and Fearlessness) and discussion afterward about the Charter Challenge and the coming nation-wide tent-city phenomenon on MARCH 14TH (I think it's a Friday) at OUR PLACE Drop-in Center (just off Douglas on Johnson) at NOON.

 

peace and patience,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, Mar. 4th, 2008: ruling tomorrow at 3 for discontinuance attempt

 

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The province's attempt to have the 'Right to Sleep' Charter Challenge discontinued will get a ruling from Supreme Court judge Madam Justice Gray tomorrow (WEDNESDAY, MARCH 5TH, 2008) at 3:00 PM at the Victoria Law Courts.

 

I've enjoyed the process quite a bit. I feel that the province will not be successful, yet I wonder if I'm going to be dancing with cops tomorrow. It seemed like the province has been sabotaging itself throughout this application. Revealing much presumption and inconsideration. We will see what happens... either way it is going to be very interesting and fun, discovering the court's sentiment. Tomorrow at 3.

 

AND...

 

spread the news that the 'Right to Sleep' documentary, Love and Fearlessness, will be screened at Our Place drop-in center, NOON on FRIDAY, MARCH 14TH. With an update on the Charter Challenge and discussion afterward (I presume I'll be there, though I'll see what happens tomorrow).

 

in grand reality,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, Mar. 6th, 2008: province fails discontinuance attempt

 

-

 

The 'Right to Sleep' Charter Challenge will proceed (excepting martial law or alien attack) as scheduled on JUNE 16TH, 2008, for its five day trial.

 

The province's lawyers must have known they could not get their discontinuance, so I presume the reason they attempted it was to give themselves the ability to say they tried 'every' avenue. Apparently they have the 'right' to appeal this ruling, though I expect even they would see it as futile, unless it would help them with more delaying.

 

Our lawyers are going back today, at 2:00, to discuss what the costs the province has been ordered to pay will be. Also, the form of proceedings have been altered slightly to have us become the plaintiffs and the city to become the defendants.

 

I love you all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, Mar. 14th, 2008: documentary screening went well

 

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a fluctuating audience from 35-45 people came to the Open Door/Our Place drop-in center at noon today to watch the 'right to sleep' documentary Love And Fearlessness. Well received after much dedication to stay focused. Sometimes had to strain to hear, but that didn't deter. Got to give my little hoohaa coach-type thing at the end saying that it didn't matter if I died in jail and everyone just turned their heads and continued contenting themselves with their slavery, at least I won't be a slave.

 

anyhoo. many people coming up afterwards to give good words. maybe some opportunities as well (as in showing the film in other venues and stuff). That's about it... the documentary is really good, it gets a good spirit across. If you want copies contact Andrew through http://www.loveandfearlessness.com .

 

k-love you all... We'll see where my tolerance level is... I imagine much energy is being spent on figuring out delay tactics and the like... and I'm pretty sure there are a few people under delusions of 'justifiable rage' that would not mind me with an axe in my spinal cord. To them I say patience and need say no more.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- June 1st, 2008: Screenings of 'Right to Sleep' Documentary, LOVE AND FEARLESSNESS

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I do realize the character I've become. That this thing has become a lot more than just the right to sleep under a tree, which is funny, because part of the city's spin-doctoring concessions has been to remove the word 'loitering' from its bylaws, suggesting that it is that which allowed cops over-zealousness in their 'clearing out' of people who sleep under trees in parks. Throughout this process I have learned that the grand issue is not the 'right to sleep'. Instead, it is "Do you really want to be ruled by an unrepentant baby-raping monster?" (you can tell they rule you because it is they who determine what constitutes as crime worthy to be judged).... ooh, I mean, its tents- it's illegal to protect yourself from the rain.

k here's the info-

June 9th, ARTSPRING, SaltSpring Island, 7:00 PM, followed by forum/Q&A
June 12th, University of Victoria, Harry Hickman BLDG, Room 105, forum/Q&A

they're both free, or course

Love you all, especially you.

me

this ego called David Arthur Johnston

Victoria, BC, Canada

 

 

St. Ann's update- June 14th, 2008: re-establishing the 'commons'

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The SaltSpring screening kicked butt and the University screening had somewhat low turnout... quality not quantity, so they say. The new LOVE AND FEARLESSNESS, is so much better. A lot of effort has gone into, adding all the more current stuff and tent-city stuff really brought out its potential. It brings a lot of laughter and a lot of seriousness, even making people cry.

I've said before that this no longer is about the 'homeless', so all the well wishers of 'you people' or of 'those people' can maybe take a moment before their blessing to understand that what is going on here in Victoria is not just about the legality of tieing tarp-ropes to trees, it is about the fact that there is no public property. The problem is this- the moment a 'commons' is re-established it will instantly house a refugee camp, catalystically revealing the fallacy of capitalism and this pretty little 'tourism industry' here in Victoria. Of course, so be it.

So, onward to the most important court case in Canadian history...

-- -- -- -- -- -- -- -- -- -- -- -- --
JUNE 16TH to JUNE 20TH
Victoria Law Courts
me and your mom
-- -- -- -- -- -- -- -- -- -- -- -- --

David Arthur Johnston

Victoria, BC, Canada

 

St. Ann's update- Jun. 18th, 2008- day 3 of trial... coming out of the woodwork

 

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cute events last night. Couple of native dudes, whom I suspect were working for the city, maybe Hells' Angels contracting out, were attempting to move David and his signs along saying crap like how we were insulting the natives (much violence insinuated)- a little play between them and the city workers who were coming along to tell David to take his sign off a pole and put it in the back of his truck. They feel the looming presence of the permanent tent-cities and are attempting to sow the seeds of intimidation early... ultimately it is fun- just another chance to show the invulnerability of patience.

 

Media has been acceptable (David's having a nervous breakdown straining for the inspiration that will bring all the cameras... I should say, 'bordering' on having a nervous breakdown) with much national attention to the fact that every municipality may soon be open to sanctioned tent-cities... Many interests from both sides of the mountain are giving much focus to this.

 

court has been amazing- the judge is seeing the implication of her position and the city is relaying what endangered plants the homeless are sleeping on.

 

I love you all.

 

in life's cheat code,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Jun. 23rd, 2008: oh my...

 

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Alrighty...

 

Saturday- made a huge ass sign and wore it around my neck on the 'ledge' lawn. did that for a while then headed over to St. Ann's around 5 to have a bit of a picnic and see where things and people were at, as far as asserting a tent-city. There was an acceptance of going over to Cridge park because we didn't know if the injunction was still in effect at St. Ann's (and you can't start a tent-city when there is an injunction because that is the magic thing that starts tent-cities- the ability to have more people to arrest than the police would want and then they get an injunction and the meanwhile the tent-city gets rooted). Anyhoo... 5 police vehicles pull up around 6:30 PM and a slew of cops come out to arrest me for breaching a condition that hasn't existed since Oct. 2006. I was just released this afternoon (Monday when the case went before the Supreme Court and figured out).

 

So... ya. Don't really know what I'm going to do. I feel I must presume innocence of the judge and not feel as if she needs to be pressured to stay focused on her task. When she tells the city that it must strike its anti-temporary-abode bylaw I will be there to assert myself, completely and totally regardless of the city's attempt at appealing and all that bullshit. In the meanwhile I'll be around, unless I'm totally murdered.... on that note, I really truly believe there are 'interests' that have considered killing Judge Ross before she has a chance to tell all Canadians they have the right to sleep for free. So, if you're a ninja, and have the time, Supreme Court Judge Ross will be the focus nasty adventure up until she gives her ruling.

 

K-love y'all.

 

In the liberation of Earth from all the crazy monkies that think rage has any power (oh you silly little goofs),

 

David Arthur Johnston

 

Victoria, BC, Canada

 

PS: In case you don't know my sentiment towards ninjas let me say that they are the cream of the crop. The ones that know they are a part of nature and subsequently know they are love... AKA for those who would want to pretend that all my reference to murder and killing is a want of use of it, you are wrong. The ninjas are there to protect and to enjoy protecting... weirdly enough through knowing that nothing needs protection... if you're a ninja your true self will understand better the unusual things I seem to say.

 

 

Ridiculously misleading Times Colonist article + my response

 

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Johnston released after weekend arrest

Police ask if it was a set-up job

Times Colonist

Published: Tuesday, June 24, 2008

 

Victoria's leading right-to-sleep protester was released from custody yesterday after a weekend arrest.

 

David Johnston, 35, was picked up by police at St. Ann's Academy, at 835 Humboldt St., on Saturday at 6:45 p.m. Johnston and five other friends were sitting on the academy grounds, with Johnston in violation of a court order that prohibits him from visiting the site.

 

It was one of Johnston's friends who contacted police.

 

Police spokesman Sgt. Grant Hamilton said that fact suggests Johnston deliberately staged his arrest, presumably as part of his ongoing fight over city regulations for sleeping in public areas.

 

Yesterday, after being released from custody, Johnston said his arrest was a "pre-emptive" move designed to stop any momentum for the creation of a tent city for the homeless.

 

Johnston has been fighting the city's public sleeping bylaw since 2004, when he was first charged with mischief for setting up camp on St. Ann's grounds. Since then, he has 11 convictions for breaching court orders that he avoid certain areas.

 

The B.C. Supreme Court is in the process of deliberating a constitutional challenge against the bylaw prohibiting camping in municipal parks.

 

Until a ruling is issued in that case, police say they will continue to enforce the bylaw. It is expected it will take months to reach a decision in the constitutional challenge.

 

(c) Times Colonist (Victoria) 2008

 

 

and the response-

 

 

RE: Johnston released after weekend arrest

Police ask if it was a set-up job

Times Colonist

Published: Tuesday, June 24, 2008

 

The story is misleading. Firstly, there was no court order prohibiting me from being on the grounds of St. Ann's. The police charged me with breaching a condition that hasn't existed since Oct. 2006. They deliberately abused process, wasting the time of the jail and the Supreme Court, in an effort to head off an attempt at a tent-city. If they had waited a few more hours they would have found us at Cridge Park, mayhaps ready to be arrested for Obstruction of Justice. I was released Monday afternoon. I would, very much, like to know which 'friend' called the police, if that truly is the case.

 

Right now, a Supreme Court Judge is rendering all the data gathered from a Constitutional Challenge against the Corporation of the City of Victoria's 'anti-temporary-abode' bylaw. Perhaps within a month, or even two, she could strike the bylaw, allowing for tents, tarps and cardboard boxes to be set up on any public access municipal property. If that is the case, I presume she will add a suggestion that it may be in the city's best interest to set aside a plot that would be more fitting for temporary abodes to be set up. Some people might want to think that having the right to sleep for free will bring economic collapse, I would suggest these people imagine what is going to happen when gas gets up to $3.00 a litre. That is the question here- "Would we rather see the roughness of tent-cities or the order of internment camps?" or to put it another way "Do we want to sell our souls to this grossly shallow tourist industry?"

 

cheers,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tues. Jun. 24th, 2008: more links to recent articles

 

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Everyone on this list has already gotten the copy of the Times Colonist article about my arrest on Saturday so I need not go there. Here are a couple more-

 

The Prince George Citizen (from Scott Sutherland of The Canadian Press)- http://www.princegeorgecitizen.com/20080619137554/wire/bc-news/lawyer-for-homeless-hopes-decision-on-bylaw-challenge-comes-before-winter.html

(the same article can be found a few places including- http://calibre.mworld.com/m/m.w?lp=GetStory&id=311177271 )

 

and at the Tyee (from Andrew MacLeod. this is the most comprehensive article with links to all the official arguments)- http://thetyee.ca/News/2008/06/20/Commons/

 

if you can find the article from the Driftwood on SaltSpring it is really good.

 

alright.

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Fri. Jun. 27th, 2008: the sun sets on the British Empire

 

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Shebib arranged for the Times Colonist to come down and get our side of the story, RE: the ridiculous article suggesting I manufactured my illegal arrest by police. Went well. The fellow got all the relevant stuff and said he'll run it up the flagpole and see what his editors say. David gave him a little more medicine in the form of a very serious threat of suing (apparently he once sued the TC. Even though he lost by the time he was done everyone knew the TC was acting with no regard for truth... sort of like the police in this instance). That article should be out tomorrow.

 

There are a few people going to be meeting on the courthouse lawn today at noon (2 minutes ago) to see where things are at. I am considering demanding an apology for my false arrest, maybe in the form of occupying the police station lobby until they get their bullshit lieing asses in gear.

 

Tent-city.... I've been singing it over and over to the tune of 'God Save the Queen' (ex. Tent-city tent-city. Tent-city tent-city. Tent-ci-i-teeee.... and so forth). We'll see what happens. In their bumbling they make my job so much more easier... I don't have to worry about initiating anything. I just be and their idiocy and denial do all the work. We'll see about tent-city. it is coming, with or without my bravado.

 

love you all... I guess there has been an idea passed around to meet on the courthouse lawn every Monday and Friday at noon until the ruling comes down.

 

There will be much talk about strategy and how to respond when the ruling strikes the bylaw. it will be instant. So, come on down and play the wise calmness in the face of provocation (AKA Spot The Agent).

 

Really good articles in the recent Focus and Monday magazines, as well.

 

peace out yo.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Jun. 29th, 2008: may these words have power

 

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Apparently, until they prove otherwise, the Times Colonist is a hellish piece of crap that has no regard for the truth and to support their business, or more, to not actively promote its correction or demise, is to be complicit in a lie.

 

Pretty much the same goes for the cops. Until they apologize for their premeditated illegal arrest of me, I own their soul (I own your soul, Bill), and until they make true amends it will become catalystically obvious to even the most deluded patriot, that the police, too, have no regard for the truth.

 

There was a meeting last Friday at the courthouse lawn that went pretty good. I had the same feeling I had after the first night of the 'hired to keep me awake guys'. The one where success has been indicated. Then, it was they just made total asses of themselves. Friday, it was this thing (the movement) really does have a life of its own and, because it is a true cause, everything it needs will be provided.

 

CAMAS Anarchist bookstore will be accepting and holding donations towards the coming legal and sanctioned tent-cities. The meetings still will occur every Monday and Fridays at noon at the courthouse lawn. The Cardboard Army will be enjoying their first trek into the 'public' during the Canada Day events in Victoria. Come to the meetings to get the morning martial and yogic training schedule.

 

Love you all. Have much fun... Ingmar where the hell are you????

 

And I close this letter with a singing of the national anthem... (to the tune of God Save The Queen)-

"Tent-city tent-city. Tent-city, tent-city. Tent-Ci-i-teee, tent-city. Te-ent-ent-ity."... and so forth

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- July 2nd, 2008: tent city = refugee camp

 

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If you're afraid of dieing we don't need you... we would be better off without you.

 

If you're a good person the law WILL fuck you. May your first arrest be strategic.

 

Patience be with you. You are the hero and it is only your conditioning that would have you believe otherwise.

 

The 'Crown' is a psychotic mafia-type entity (it is really the same spirit that Rome was, but in this instance we will refer to it as the 'Crown'). It got a whole lot of assholes together and stole all its means of survival. It made ships and traveled the world 'colonizing' (raping and murdering until the natives complied) what is now known as the 'Commonwealth'. Have all the pity in the world for all the victims in every one of these 'countries'. Canada is truly no different. In their psycho-babble we are a Constitutional Monarchy- some words to confuse all those whose diets consist of TV, fat and sugar. Which means we play at every citizen getting a say in governmental affairs through a process of 'democracy'. We are not told the truth, which is, the Crown still has complete executive power over every ruling in every court and every bill that tries to get passed in Parliament (AND they are also the entity which determines which crimes will go in front of a judge). The problem, now, is that getting rid of the Crown means acknowledging that everyone who thinks they own land, however long they have been living on it, doesn't. This problem will be easier faced because of the catalystic trauma we all face because of an over-populated world that ceases to be sustainable- the ones too afraid to face death will assert their right to set up internment camps to contend with the rising social unrest... the ones not afraid to die will beat them to the punch and establish autonomous refugee camps. Governments will be replaced with friends just helping friends and it will work so beautifully that even while half of us starve to death we will do so smiling, enjoying the fact that our loved ones will reach a place of true freedom where the idea of 'profit' is only a lesson of history.

 

We need not promote the end of private property. We only need to enjoy the notion of never having to pay taxes or rent ever again.

 

... and beyond all that, the war is over the moment you remember that you are the Buddha. Patience be with you.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- July 4th, 2008: film screening and benefit show

 

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Thursday, July 10th- Screening of acclaimed 'Right to Sleep' documentary LOVE AND FEARLESSNESS (version 2.4). Vertigo Rm, Student Union BLDG, University of Victoria, 11:00 AM free lunch, NOON screening followed by panel discussion.

 

Sunday, July 13th- TENT CITY BENEFIT SHOW at Camas Books, 2590 Quadra (and King St... kitty corner to Fairways Market). Artists include ISKRA, LEPER, Outspoken Wordsmiths, EXTREME NOSE ERROR and maybe more T.B.A. Doors open @ 7:00 PM. By donation (tarps, tents, non-perishable food and supplies are being accepted for the coming sanctioned tent-city).

 

cheers...

 

for more info contact victentcity@gmail.com


or me, Mr. Dress-up


Victoria, BC, Canada

 

 

Two Things To Know About Making A Tent-City In Victoria Pre-Charter Ruling

 

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1. The courts will not convict, individually, 60 people for Obstruction of Justice when they do not voluntarily dismantle their 'temporary abodes'.

 

2. While we wait for the judge's ruling (on whether or not the anti-temporary abode bylaw is Constitutional) the 'Crown' will be unable to get an injunction against violators of the bylaw.

 

People meet on the courthouse lawn at noon on Fridays.

 

The Committee to Elect Tent-City email- victentcity@gmail.com

 

 

St. Ann's update- July 14th, 2008: punk show went well

 

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bunch of donations, good words spoken to attentive and interested crowd, a song about the chocolate dumpster bringing a large donation of chocolate... oh those punks.

 

So, FRIDAYS at noon at the courthouse lawn. Other than that we hope inspired people will put their energy towards this and maybe get more venues for shows or screenings of the documentary. Tent-city is coming... will the 60 people needed to start one before the Charter ruling avail themselves or will we have to wait for the ruling? Either way... much patience to everyone.

 

Whatever style or class we've found ourselves attached to, we are still all in the same universe and peace is the thing strived for by all. Or everything goes to hell because people are addicted to their hate and too lazy to focus on the courage to rather die than kill. Whatever, at least I won't be a slave (at least not to the baby-raping monster that pretends to have authority over the land... I AM a slave to fate, as all things are). Some people may hate the bums and the junkies- the worse crime is pride. If loathing were justified, pride would be the root thing that would be worthy of it. Pride pride pride... the heart of the devil. I would play a game of exorcism- AKA pride equals useless goof. bring it on bitches... cowards.

 

anyhoo,

 

love you all,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

The Crown, August 4th, Tent City, Love (by Kristen)

 

Fond greetings;

 

This is an official invitation to come join the festivities in Victoria on August 4th. On August 4th the city will be celebrating the 150th anniversary of the Crown Colony of B.C.--so 150 years since the Crown officially took over this land and began pretending to own it. WE will be meeting at the Totem poles in front of the B.C. Museum at 9 a.m. to sing, drum, pray, and otherwise remember that this land does not and never did belong to the Crown--that this land like all land belongs to no one.

 

In this way we support all of our brothers and sisters who went before us, honouring the earth not as a possession to be manipulated and sold for profit, but as a gift to respect and care for and enjoy and SHARE with each other and with every other living thing... Some of those brothers and sisters walked in the Coast Salish Way, and we will honour them at this time; but we also remember people from all Ways and all tribes who have suffered at the hands of the Crown, be they native to the Americas, or to Europe, or Africa, or Asia, or anywhere else on this sweet earth where the arm of the Crown has reached (god knows the "sun never sets on the British Empire, but NOT FOR LONG). So instead of celebrating 150 years of the Crown robbing people of their right to enjoy the earth without having to become either slaves or profiteers, let's celebrate a future where we might get beyond all that.

 

This celebration is related to the Tent City that will be going up in Victoria sometime over the next few weeks--- in the sense that the Tent City will be a place where people can live without having to pay the Queen and her minions for the service (whether in the form of mortgage payments or rent.) Tent City is a symbol of our collective desire to move OUT of a system that denies life and into a way of being that affirms life.

 

The Tent City will go up when 60 bold souls who aren't afraid of the Crown's bullying tactics decide to get together and put up tents and tee pees and other temporary structures on some piece of public land, thus standing up to the growing tyranny of the Crown, and its steady encroachment on the rights of people to live simply and autonomously--OUTSIDE, as people have done for eons. The Spirit will show us the way in regards to the when and where of the tent city, but it looks like no later than early September, somewhere in downtown Victoria. While living in downtown Victoria is not the most appetizing option for many people, this tent city will serve as a precedent; once it gets established, there will likely be steady waves of other tent cities and tee pee villages going up all over the land, some in urban centres, some in rural settings, with the Spirit of Life doing the effortless work of constellating people according to lifestyle, aesthetic taste, and the like. (So, no, you don't all have to live cuddled up close to every drug addict in Victoria--but let's not be afraid of each other, hey?) Two pieces of wisdom:

 

1)St. Francis: "Whoever is unwilling to lick the wound of a leper has not progressed far in the love of god." A bit extreme, some might say, but the system has bred us all to be so fearful of infectious disease that we don't want to get close to our neighbour in need. In this connection it may be good to remember Jesus' wisdom-- "nothing outside of you can contaminate you; it is what is inside that contaminates you." Or Rilke--"nothing can happen to us that doesn't belong to us." Can never have too many reminders of the wisdom of fearlessness.

 

2) Buddha (whoever that may be)--"Whoever is unable to say to himself--'thou art that'--about every human he meets, has not progressed far in his love of his fellow man." No matter how "pure" we would like to imagine ourselves as being, it is good to remember that the other guy IS us, no matter how filthy or corrupt said other guy might be.

 

All that said--"boundaries" and "personal identity" have their limited place in relative reality, and the tent city can respect those things too.

 

So--We've been saying it a lot, but I guess it's worth re-iterating--beyond all our differences--whether we support this cause or that, whether we act by "being political" or act by turning inward and undergoing the hard work of personal spiritual transformation, there is only one question: Do you love Life? If the answer is "yes," then there is nothing to be afraid of. Hardship will come; the difficulties may be great, but victory is certain, because life loves itself and loves every one who by some miracle of grace is able to love Life enough to withstand, even if only a little, the tremendous pressures we all face from the forces that want to deny life.

 

So--this is an invitation to stand together on August 4th to show our love for life—not for the life of this or that person, but for Life itself. And, then, to stand together again when it is time to do the Tent City thing.

 

This is long.

 

Lots of love, and strength to you, whatever form your struggle takes. May you all have as much peace and joy and beauty as possible, and the courage to undergo those necessary difficulties along the way (may they be as small as possible, and sandwiched between much sweetness.)

 

Kristen.

 

 

Comment on upcoming Aug. 4th Celebration of Life (by cyam pascal)

 

A thousand people linking arms around the Legislative Assembly to show their support for Old Growth Forests?  A wonderful vision, beautiful & important -- but not exactly the same as a true community event.  The administrators of our Current System know full well that a thousand people support the trees, that ten thousand, or hundred thousand are allied against the momentum of our rapacious cultural machinery.  This is not news to anyone.  Even the most creative of the usual style of demonstrations are, sadly, entirely factored into the logic of the System.  Such happenings are even praised by system administrators as proof of the liberty for which "business as usual" claims to stand. 

 

Obviously, we must not cease to make public demonstrations of this kind... but we must also be alert for something more.  We must be hungry for deeper events, longing for signs that signify the stirring of new primal energy into the social matrix.  This August 4th 9am Gathering among the Totem Poles has every chance of being such an event.  To my mind, It may be the first authentically political symptom in Victoria in years.  There is absolutely no necessity for the current system, with all its negative side-effects to continue.  It is not scripted into the stars above.  All patterns of social organization are built symbolically from the deeds, utterances and energies of we-the-people.  Ourselves -- no "other" people during heroic epochs of upheaval.  We, as we are, need not be sealed off into the destiny that television news, ethically collapsed politics and hysterical legal & economic experts fixate upon.  Change is easier than we think.  Change is possible wherever our combined instincts begin to believe in the "already emerging FACT of social transformation."  Let it be easy, easy, easy.

 

What is against us?  Our system today is locked in place by 3 insidious factors:

 

The first is the drifting apart of the segments of society, separating like mixed elements in a drink we have forgotten to stir.  Stirring is necessary.  Culture is activated only by events which cut across the lines of the society.  No amount of officially scripted civic festivals can accomplish this.  Music fests & ethnic food kiosks are not a force which builds our deeper togetherness.  Socials roles are placed aside either in disasters or else in benevolent, chaotic, inspirational gatherings.  Let us pray for the latter -- August 4 2008 9am.

 

The second difficulty is our denial of social antagonism.  The citizenry of Victoria (Canada, the World) act as if there is no friction and no bias between the classes of society.  Equality is our motto.  Therefore men and women are merely "puzzled" by that disturbed feeling they get when a differently dressed stranger approaches them on the street, offering a few words or begging a few coins.  How many successful citizens become sudden cowards in the face of a disheveled stranger?  Unless we accept that there is a disturbing element in the fabric of social order we are not yet in a position to address the situation.  We should notice that virtually every solution to the "homeless" and "nomad" populations is a variation on the question: How can we adequately get them away from us -- away with their own kind?" 

 

The resemblance here to the old anti-Semitism is eerie.  All societies, when they are not actively re-creating vital, inter-subjective communion, fall into the pattern of shifting tension onto an excluded class.  It has been Blacks, Women, Jews, Moors, Christians, Pagans, etc.  It could be anyone.  A society's "choice" of an excluded class -- The Publicly Disturbing Class - tells us a great deal about the undermind of our society.  Why "the homeless"?  Is this issue not a way to concentrate our general sense of homelessness onto an alien group?  Do we not live in a culture that feels groundless, that is terrified of overpopulation, that continually says "today people cannot afford houses as they once did?"  I would argue that sense of homelessness is implicit and pandemic among the citizenry and that this stress spills over into the general selection of "the homeless" and the nomads as the "number one problem in Victoria."  Yet it is precisely this factor that allows the nomadic issue to become universal.  The sign of the excluded universal people opens a doorway to the structural possibility of an authentic social event: August 4 2008 9am.

 

The third twist -- which is already ably dealt with by David & Kristen -- is our misidentification of ourselves.  The materialists ignore the total multi-dimensional status of human beings, even unto Divinity... while the spiritualists use their experience of Cosmic Perfection as an excuse to detach from the impulse of social activism.  We can do very little until we have integrated these, assimilated both the most fantastic and the most agitating aspects of ourselves.  This is obviously a great and difficult task.  It is hard for the most "tuned in" as well as the most "collapsed" among us.  We need each other's help to catalyze this transmutation -- on August 4 2008 9am.

 

Enough said,

see you on "BC Day".

cyam pascal

 

 

A REPORT ON THE "BC DAY" GATHERING (by cyampascal)

 

Here's my take on yesterday.  It's optimistic but also

philosophical-critical.  At the very least it is energy moving "on

topic."  As always, feel free to circulate it etc.  Love and good

cheer.

 

 

 

----------------

 

A REPORT ON THE "BC DAY" GATHERING

 

(cyampascal)

 

I'm fourth generation on this coast. I was raised in cedar forests and played on these pagan beaches, eating Salmon and berries – I'm damned near as Native as any white man can get – so I was looking forward to Totem Poles. The authentic, progressive archaic revival is not merely a matter of building "big houses" on Campus or ceding tracts of land to Indigenous governors. Just as importantly are the echoes that the old formations of life cast upon today's young, nomads and idealists. So, under the cryptic gaze of Raven, Bear & Eagle, a little clan of radicals clustered together in the park on August 4th, 2008.

 

David Johnson sat meditatively, periodically puffing smoke. The bright gal in the striped blue shirt & army pants was circling barefoot through the park -- an icon of anticipation. The bandana-clad young man, with a large athletic bag, came and went, rolling about as soon as he touched down on the grass. A swarthy Yoko Ono arrived briefly to take photos and was quickly joined by an older biker with his own large camera. He was a boisterous and amiable fellow, given to anecdotes and to joking loudly about "The infamous David Johnson..." On a little metal bench he sat close to a denim-jacketed sweetheart and they smooched. The thoughtful, grey-haired gentleman with a faded "Teacher Emeritus" t-shirt sat for a long time on the grass. He was in contemplative discussion with the girl in the striped blue-shirt. There was something that definitely seemed to work here but also another more insidious dimension which seemed like – trying to start a fire underwater.

 

The smoldering coals in everyone's heart/hopes faced the reigning water spirit of quaint consumer Victoria. By 9 AM the daylight ambience of the Surface World was already dominating the park. The drums of Inner Harbour festivities moved through the air, joining the gentle breeze in the trees, lulling the world into the waking trance of a capitalist holiday. "Lunch lady," the security guard in the short-sleeved uniform and glasses, had nothing much to do. Clearly, she had been alerted to scrutinize anyone who was not wielding a digital camera with a look of stupid wonder on their faces but there was no trouble here – rustling leaves, the white noise of traffic and the cheerful muttering of playful children lay like a heavy blanket upon the world.

 

Our 'event' was a small, easy affair marked by good humour and tranquility. In a perfect world (such as this one) we can take this as a victory. On the other hand, in a perfect world (such as this one) we can complain about the underwhelming nature of what went on. Sure, it was a morphogenetic seed, a tiny pattern setting the groove for future happenings. Sure, it was a vote for serenity itself. In some sense this gentle yogic mood is already a real revolutionary activity. However, at the level of social fields, community fabric, political spirit, etc, we might ponder whether meditation (and I am both a user & a dealer!) may be also a species of cool water whose very nature is to put out the spark of revolutionary energy... just as it hampers the flames of impatience and greed. This is a difficult question given the fact that peace and trust are such intrinsic parts of the natural order toward which social change must orient itself.

 

The major conflict I observed was between the anticipatory spirit of the group and the placid pleasantry of the general atmosphere. It seemed to me, watching, that a truly regenerative social event is an accumulation of the expectation of such an event – as the French philosopher Alain Badiou says, "It is waiting for us when we are waiting for it." I know not what others felt but I saw what I can only describe as a "faint stirring" -- as if a small whorl of wind were scraping the ground, dragging a handful of leaves in a little spiral. Sometimes it would pick up – rising to the level of the knees and other times it would quiet back under the dominant currents.

 

In my paranoid fantasy, the gentle wind rustling in the trees was part of Victoria's immune system, a first line of offense against any thoughts of change. The next wave of defenders took the form of mild-faced tourist clans wearing beige-shorts and dragging their luggage from the hotel toward the rumour of Sarah MacLachan and the Snowbirds. Spectacle was like a thick happy fog the air, intoxicating fumes, and so this sleepy town slept on. Half a block away those old pink mattresses lay beneath the sign "Night is for Sleeping; Day is for Resting."

 

A prophetic warning?

 

For whom do all these sleepwalkers walk? For what faceless eye are all these repetitive and uninspiring digital photos recorded? This unnamed One must be be changed, reordered, opened to new regimes of life that are more faithful to truth, history and human needs. Yet he is bold and parades himself boastfully in his pride. His confidence is manifest as the general unthinking cheer of the people. And who can possibly be opposed to their happiness? I am not. Yet it is exactly here, in the sheer pleasure that the System takes in its own mere functioning, they there could be an important clue to how society so effectively resists all greater infusions of life and spirit.

 

A silver hatchback drives by slowly. The windows are down and it blares "All Your Love" by the Doors. A small reminder of the power of 1960s, love-based radicalism. The car waits at the light and drives off. Has this energy passed us by? And if not – how do we catch it, entice it, feed it or amplify it? I say that it was there on August 4th. It really was. A sacred space was attempted among the trees and totems but it was not yet symbolic enough, not yet sacred enough. There is more work to do – much more.

 

At the end of one hour, blue-stripes (her collar up) shrugs and puts her shoes back on. The event – as small and gentle as it was -- can be felt to tangibly 'break'. The anticipation gives way to mere outdoor friendliness. The sense of this shift is good, it means that something was, sort of, happening. In the trees the crows are cawing and cackling. There were here before us and will remain when we are gone – the true natives. Dwellers between worlds.

 

NOT THE END.

 

 

June 16th meets August 4th: a lengthy report (by Kristen)

 

       On the night of June 15th, I left my home on  Salt Spring Island  with a sleeping bag and a change of clothes and some food my friends had made for me, in anticipation of the "Right to Sleep" court case that was scheduled to begin the morning of June 16th in the Supreme Court of B.C.--a historically significant case in which nine homeless people challenged the constitutionality of the City of Victoria's by-laws against sleeping outside on public property. I became homeless in honor of the event.

 

        I was attracted to this court case when, in late January 2008, David Arthur Johnston's journal account of his occupation of St. Ann's academy (which occupation was the catalyst for this court case) came into my hands; the words in his journal burn with truth and it was immediately clear to me that whoever wrote them was a poet, a prophet, an artist and a genius, and probably a hero and a saint too. The activity in which David Arthur Johnston engages is likely recognizable to most people as "social activism" or "protest"---his life mission is nothing less than to bring down the Crown (his word for the "baby raping monster" that runs the world.) I have spent most of my life feeling uncomfortable about, if not openly hostile to, "protests" and "social activism," but David's way was different. (Though I am intensely aware of the extent of the System's corruption, it is usually the world saving power of love and truth as expressed through artistic and spiritual activity that attracts me, not protests and social activism).

 

         David Arthur Johnston stands apart--far, far apart--from the run-of-the mill activist-protestor type because of the difficulty he has undergone for the sake of truth. Anyone who spends 36 days in jail without food for the sake of truth is profoundly threatening to a System which survives by denying the truth. The willingness to undergo hardship--even unto death--has power in it which the authorities can't help but see and fear; hence David Arthur Johnston provides an heroic example which anyone expressing a desire to change the world would do well to follow. Our times can seem sadly lacking in heroes, and so to encounter one was an event that stirred me to the depths and encouraged me to step up my efforts to meet the world's madness with whatever shards of truth I could stir up from the strange depths of my soul. Inspired by David Arthur Johnston (a.k.a. "The DAJ"), I endeavoured to follow his example.

 

          In the weeks and months leading up to June 15th, I shed the rest of the (relatively few) comforts I had become accustomed to---books, clothes, the house I had been living in for several months, the habit of earning and spending money. The DAJ hasn't used money in over five years and owns nothing but the clothes he wears. He doesn't even carry a bag. Though I was certainly impressed by the DAJ's degree of renunciation, the motion of renunciation started in me long before I met the man, and had been steadily growing over the last year---so this latest step away from material comfort was a continuation of many steps that had gone before it.

 

          I also spent the time leading up to June 16th planning and plotting a grand "performance festival" to complement the court case, and draw public attention to the cause. I authored a small treatise on the festival which doubled as an invitation and delivered it to hundreds of people. David Shebib and I plastered signs announcing the festival and court case up and down the highway. We imagined a world where thousands of people showed up and camped on the court house lawn, listening to live music and watching earth-shattering performance pieces. We talked to the press. I stood on many street corners and roadsides playing my drum wildly announcing the good news, while David Shebib handed invitations out to whoever walked by. As it turned, the festival amounted to a single dance piece, which I performed with three other dancers and a drummer on the lawn outside the court house just before the court case began on monday morning. Maybe twenty people watched. Chek News filmed it, but it never made the evening news. The dancers had spent a month preparing the piece, with long and arduous rehearsals several days a week, but that one piece was it for the much-touted "performance festival;" we prepared so long to deliver so little, but that is the way it often goes. Reality and our expectations of how reality will be are worlds apart from each other.

 

        The rest of the week was, for me, a kind of urban vision quest in which I fasted, spent my nights sleeping outside in the park, and my days in the court room praying. The whole event became a kind of sacred ceremony in which the darkest parts of the Current World Order (represented by the "Crown") met the simple light of the Truth (represented by the homeless people and the lawyers who spoke so nobly for them). The case lasted four days; on the afternoon of the fourth day, the judge heard the last of the Crown's testimony and told us all that she would reserve her ruling. It could take anywhere from a week to a year. It didn't matter--there was the sense, in me anyway, of profound victory--the sense that the Truth had already won--that in the gathering of people brought together for the case (however small), a profound and largely unspeakable magic had occurred--that against all odds Love's voice had spoken in the courtroom and that the judge, along with everyone else, had heard it and that, no matter what, you couldn't take that away.

 

        When the court case ended, I eventually ate a little food, and waited for the next step. I am in no mood and, frankly, don't have either the skill or the motivation to describe what all the "next steps" have been since the Court Case ended on June 20th. Suffice it to say that a lot has happened, that I have been initiated at once into the strange life of homelessness and the even stranger life of the peaceful warrior. My experience of homelessness has been extraordinarily mild (I've been in a small and safe city in the middle of the summer, with lots of friends to support and encourage me; I have only occasionally slept outside alone, and more often than not have slept at friends' houses and not outside). Nonetheless, my body, mind, spirit, soul, psyche have been pushed beyond what I formally would have called "my limits."

 

         I have lived off the grace of what god and my friends have provided to eat. I have fasted a lot and eaten food I normally would avoid (lots of wheat and sugar). I have endeavoured to learn the much-talked about but little observed art of "living off the chi of nature;" I still can't seem to eat sunlight or drink the stars, but I have not wholly abandoned the effort. I have learned that sleep deprivation delivers interesting gifts, not all of them pleasant. I have run exhausted through the streets of Victoria on more than one occasion wearing a cardboard box and dancing at every available opportunity. At one point, too exhausted to dance and at a loss for words, I tied four very long nails onto a rope, wore that as a crown, tied a chain around my ankles, painted the word "justice" onto a piece of wood, and dragged myself first through City Hall, and then through the streets of Victoria, ending the parade at the Court House. I have met more human angels than I thought the world contained and felt the Hand of God stronger than I have ever felt it. I feel that I have aged 20 years in the last 8 weeks and, to be fair, kind of look that way too. I have learned that I am perhaps much weaker than the average homeless person and that if it comes down to a "survival of the fittest" situation, I may well be one of the firsts to go. So be it.

 

       On  August 4th, the 150th anniversary of the Crown colony of B.C., I gathered, along with a few other people, at the Totem Poles in Victoria. The gathering was not so much to protest the Crown Colony of B.C. as to remember that Truth is stronger than all the lies the System spreads around us in an effort to lull us to sleep so we forget that God is everywhere and, so forgetting, feel empty and want to buy things. The gathering was small, and about a eventful as the much-touted June 16th performance festival--i.e. I talked about it a lot to a lot of people, sent out hundreds of invitations, but very few people arrived. The ones who did arrive were golden angels and meeting together was, really, a piece of heaven on earth. Let the smallness of the gathering never detract from the intensity of the love I felt flowing between people there. And, too, three baby raccoons appeared on the scene after a couple of hours, in the trees above the long houses; I cried when I saw them, so welcome were those little guests.

 

       The physical deterioration  I have experienced over the last few weeks made dancing virtually impossible, and so, aside from a bit of barefoot pacing and a couple of painful cartwheels, my movement on August 4th consisted almost entirely of the invisible motion of prayer. At one point, I accented my prayer by placing some rose petals at the foot of a totem pole. An onlooker asked me what I was doing and I said I was praying, remembering the Native ancestors who died so that the Crown could assert its position. "Why don't you pray to God and not a totem pole?" he asked. I didn't have an answer he could hear at the time. Now maybe I'd say--"because god is in that piece of sawed-up wood as much as anywhere else, and the thought that there is anywhere where god is not is what allows us to systematically denigrate ourselves, each other, the animals, the plants, the oceans, the rivers, the land, and the planet." I didn't think of that; again, I was tired and my body hurt. Pain and fatigue have the under-appreciated effect of paralyzing the body (including the capacity for speech), thus making room for the spirit to expand, and when the spirit expands it performs that greatest of dances which, for lack of a better word, we call prayer.

 

      So one thing that happened on August forth was that I prayed, which means that my spirit moved. Did this affect the "world out there"? I don't know and I don't care. I share David Arthur Johnston's belief in fate, and so don't see prayer as some attempt to alter the future--I think that the future has already occurred, and is spread out before us as inexorable and perfectly as the past is spread behind us and so prayer, like protest for that matter, is just another form of human motion.

 

      So now the question is--to what end do we move? If the future is pre-destined, and neither our actions nor our prayers capable of changing anything, why do we bother? Why do we throw our exhausted bodies out into the world, only to be cut open at the heart by a mindless System hell-bent on destroying all signs of life on earth? In short, because we have no choice. This motion of the spirit, this prayer, this action, this way of gathering against all odds, this fire in us that says "no thanks" to the jet planes and the prime minister and the corporate rock and roll star--all this too is part of our unchangeable, inexorable fate. And if we win or lose, live or die, it doesn't matter, because we will have remembered--or failed to remember, or remembered and forgotten again--it makes no difference. Whether we remember or forget, we are here. We are here; we were there on August 4th and we will be there again then, wherever that is, wherever we are. That's it. The future is unknown but already determined and already perfect beyond the capacity of words or minds to tell. We are here. Can't take that away.

 

       So what's next? is a question tomorrow can't help but answer.

 

       I love you----soon we will all meet at the round-table, and "may the laughter be our reward." I expect the Sea Change will happen tomorrow. I won't be surprised if it never comes. But I think it will, and soon.

 

Love,

Kristen.

 

 

St. Ann's update- Wed. Aug. 6th, 2008: 'Right to Sleep' Documentary, LOVE AND FEARLESSNESS, Now Online

 

-

 

Lots of stuff going on. Still meeting Fridays at noon at the courthouse lawn. Actively recruiting warriors, 57 positions remain open. When all are filled, pending the continued reservation of the Charter Ruling, the tent-city will go up.

 

The big news now is that the documentary, LOVE AND FEARLESSNESS v.2.4, is now online and can be watched at http://submedia.tv/stimulator/2008/08/05/love-and-fearlessness/ . I've begun watching it and it seems to work. A slight, yet, inconsequential, blocky effect. Please email back if watched to report if there are any bugs.

 

alright, love you all.

 

david

 

Victoria, BC, Canada

 

 

How To Stop The Crown With Only 60 Warriors

 

-

 

Firstly, the warriors. 60 are needed who, at least for a moment, have nothing to lose in the face of a psychopathic entity that has made a thousand year practice of tormenting, raping and murdering. 60 warriors that will enjoy being divine sociopaths enough so when this entity holds all that they love hostage they will still not bend. 60 because the political machine of the courts will not individually convict 60 people for 'Obstruction of Justice' for not voluntarily dismantling their 'temporary abodes' (tents, tarps, cardboard, etc...). 60 warriors are needed to establish the right to live for free in the form of a tent-city in Victoria, BC, Canada.

 

This vision is also based on the fact that there has been a Constitutional Challenge against the Corporation of the City of Victoria's anti-temporary abode bylaw (which restricts people from using cardboard to protect themselves from the rain) and while the judge holds the ruling in reserve (to be revealed anytime between now and never) the Corporation of the City of Victoria may have a difficult time in getting an injunction so as to convict 60 people en mass. Meaning an unsanctioned tent-city in a political limbo, maintained by the loving support of the community. As the population of the tent-city grows the warriors will not be needed so much (at least in this capacity).

 

As far as stopping the 'Crown' goes, ask yourself what happens when the right to a subsistence level of survival is asserted... the end of rent... the end of the thing that forces you to pay to live.

 

So, is the vision of 60 warriors a flight of fancy? Maybe.

 

nothing official. no names taken. the 60 will know others of the 60. when the time is right word will go out.

 

Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed., Sept. 3rd, 2008: literally, the 'Crown' is the devil

 

-

 

I begin to pray for and protest the 'Crown' at the library courtyard here in downtown Victoria, where they have their office. I will not press the matter of camping as my intention will be focused on the 'Crown's' office hours. I will challenge any suggestion of loitering. While I am there I will share, with any interested, the vision of the 60 warriors and the correcting of the 'Crown'.

 

I will be casual.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, Sept. 5th, 2008: getting comfortable in the courtyard

 

-

 

Today will mark the 3rd day of the 'casual' occupation of the library courtyard. The sign on the first day read "60 warriors could 'correct' the 'Crown'". Yesterday's sign read "The 'Crown' is a monster...... and what do we do with monsters?". Today, in an effort to give the 'Crown' what it needs to be cured, I expect the sign to articulate why pride is a sin. Does anyone know if or when the last persons were arrested for sedition in Canada?

 

I'm comfortable again, and what I'm doing is the height of right- the 'Crown' really is a piece of crap and it rules everyone who pays taxes (if you still believe in 'democracy' truly just stop and consider- the 'Crown' that has raped and murdered untold thousands still has executive authority over every parliamentary bill and court ruling along with the fact that no criminal case gets in front of a judge without first getting approval from the 'Crown'). The paradigm shift that all the new-agers talk about is the re-accepting that there is no land ownership- so the better alternative to the 'Crown's' future of profiteering and slavery is accepting that more than half the global population will starve to death and the rest will face the HARSHEST of times until all the newly planted fruit trees start producing. Have no doubt that when there is no food and your friends die, you will eat them or die yourself.

 

It has been nine or ten weeks now since the judge reserved her ruling. We were told 6-8 weeks was the fastest that anything like this happens and also warned that sometimes it can take a year and a half. So, in the meantime I concentrate on recruiting 60 divinely sociopathic warriors so that we could cure the planet of the 'Crown'. If you want to be enlightened enough to break out of this prison of retarded slavery, come talk to me- I'll be in the library courtyard under the eyes of the 'Crown's' office, casually within the limits of their office hours.

 

in patience and pragmatism,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sept. 12th, 2008: still at the library courtyard

 

-

 

for the last 2 days, and today, I've had a sign that reads-

 

"A billion

starving

is better than

continued

'Crown' rule.

 

You are a

conduit of experience...

just like Jesus,

Hitler, every cop and

every junky.

 

Patience be with

you."

 

The thing I find is that most people are still stuck under this delusion of 'democracy' and have no idea that they are ruled by this mafia-like entity called the 'Crown'. I'm hoping that with the saturation of the library courtyard with the truth I present will jog some brains. I know how it works... it is the whole "every journey begins with a single step" thing. I present the notion of fate, then somewhere down the road people see the truth of it (just by starting to see that other people are indeed only reflections of their experience) and quietly lose their ability to hate, all the while ostracising themselves from those who need to hate to maintain their positions... so, I'll continue to enjoy patience and remain in the center. The truth is very strong........ then when people can no longer hate they cease support of things that depend on hate (AKA the 'Crown') and that's just how it works.

 

Patience be with us all. If you want to save the world come hang out in the library courtyard. I'm here in the capacity of 'protester', casually, during the 'Crown's' office hours. I have expertise that should be evaluated.

 

k

 

love y'all

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sept. 16th, 2008: which of the 60 will you be?

 

-

 

Still enjoying the library courtyard- it has become an 'anti-crown' forum. I've been spending full days here and will continue, I presume. Only during the 'Crown's' office hours- Monday to Friday, 8:30ish AM to 4:30ish PM. Occasional breaks- a sanity maintaining casualness.

 

Refining the flight of fancy with the 60 warriors. Going to let people pick which of the 60 they would want to be. If you want to make sure there are people coming with you you may want to pick 30 or higher... once slots begin to fill, some arranging can take place. I'm going to be taking slot #1. I'll keep an official list- if you would want a pseudonym that's fine too, as long as you can be gotten a hold of when the call goes out.

 

alright- love y'all

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Sept. 18th, 2008: slots being filled

 

-

 

so far #1, #4, #7, #42 and #43 have been taken. If you are inclined to be one of the 60 please let me know which slot you would like... if you don't have a particular one in mind just pick any.

 

still at the library courtyard- made a new sign today with the sentiment in my head of sifting the chaff.

 

love you all

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update: Sept. 19th, 2008: #21 and #60 taken

 

-

 

So far that makes #1, #4, #7, #21, #42, #43 and #60.

 

If you know people that have previously stated that they would like to be one of the sixty let them know to pick their number and tell me somehow.

 

k

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Sept. 20th, 2008: slots #8, #11, #12, #13, #44 and #52 taken

 

-

 

Now making it- #1, #4, #7, #8, #11, #12, #13, #20, #21, #42, #43, #44, #52 and #60. Making it 14 in three days since the idea of making slots of the 60.

 

Remember that what is being asked of the warriors is to refuse to voluntarily take down their 'temporary abodes'. Do not do it unless you feel this to be the action that will determine the height of freedom, not being swayed easily, if at all. The thing that is danced with IS a psychotic murdering rapist and will fuck you with full force the second it sees you as a threat. The trick is the love that shines when one is patient through the most whirlwindish times.

 

Now, I say warriors are a thing that exists. A spirit that sometimes graces the children who do not want to sacrifice their innocence. To rather be dead than afraid of the devil. Patience be with us.

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update: Sept. 22nd, 2008:  #16, #18 and #35

 

-

 

So now its- #1, #4, #7, #8, #11, #12, #13, #16, #18, #20, #21, #35, #42, #43, #44, #52 and #60.

 

there are also a couple more who have to pick other numbers...

 

k

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Sept. 24th, 2008- at least I'm not wasting paper... 2 more.

 

-

 

so... we got #22 and #59. #11, by my error, has been double booked so I'll figure that out.

 

So... all together it is- #1, #4, #7, #8, #11, #12, #13, #16, #18, #20, #21, #22, #35, #42, #43, #44, #52, #59 and #60.

 

19. 20 with whomever might pick another number besides #11... not bad for 9 days of slotting out numbers.

 

I figure if the call will go out when 60 is reached and will be happy if more than half show up- saying that, if some of you are not able to make it, that's fine... it would be cool if you could find a replacement, though no worries either way, mate.

 

k

 

peace out

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Sept. 27th, 2008: here comes another one

-

the other #11 picked #2...

so, so far- #1, #2, #4, #7, #8, #11, #12, #13, #16, #18, #20, #21, #22, #35, #42, #43, #44, #52, #59 and #60.

making the total 20. 1/3 of the way there.

Holding court in the library courtyard is working well. So far have done 3 interviews and have had many nicely serious conversations. It is interesting the notion of saturating the 'Crown's' employees with this particular truth (the truth that contradicts the root lie of the 'Crown'), trusting in the nature of how brains work it is only a matter of time before the mass of people seeing the sign everyday (which says- "There is no such thing as choice. You are a conduit of experience (which is why pride is insane). PATIENCE") begin to understand the reasons why people do the things they do... it is the nature of this data that, unasked for, removes people's ability to hate... and if it becomes known that 'Crown' employees do not hate me they will be ostracized from those who want to hate me. It could be said that an injection of truth destabilizes groups based in lies. Anyhoo...

There is some sort of treaty signing reenactment thing on Sunday.... with that I would share the sentiment that any native that accepts 'Crown' rule is, absolutely unavoidably, an apple. I would like to see the native thing evolve to the point where everyone who has been fucked by the 'Crown' stand and not just the latest victims.

k-love y'all.

David Arthur Johnston

Victoria, BC, Canada

 

St. Ann's update- Oct. 2nd, 2008: #17... a good one

-

#1, #2, #4, #7, #8, #11, #12, #13, #16, #17, #18, #20, #21, #22, #35, #42, #43, #44, #52, #59 and #60.

Making it 21 altogether, now...

Library continues to be beautiful. Many conversations and much singing and meditation. All the while, unasked for, introducing a rare truth that, once read, cannot be ignored lest the person go crazy (regardless if they assimilate it right away or not and regardless of any sentiment they might have towards me their true self recognizes the truth and measures sanity by it)... just watch, it is a very interesting phenomenon. Of course, people have a hard time giving due consideration to the notion that they have never made a choice before and never will they still eventually become smarter in understanding why people do the things they do. I take great comfort in knowing it is not a 'convincing' sort of thing. Its as easy as being.

Speaking of dreams, apparently, all one need do to defeat the Dark Lord is when it embraces you to destroy you is hug back with love and hold a leaf on the small of their back and a feather on their chest...

alright, peace and love to you all

oh ya... and the economy is totally collapsing and martial law is coming, so let this be the big question for all those so many people giving their energy to electoral politics- "Tent-cities or interment camps?" If I was mayor there would be a massive project of volunteers converting as much lawn space to gardens as possible and a completely replaced police department made up of a trained warrior volunteer force 4-8 times the size that no longer carry guns and walk into every conflict with a spirit of interjection completely devoid of enjoyment of viciousness. The tourism industry would see no more assistance from the municipality as it prepares for the grand cataclysm. Public dojos and a promotion of the idea of mastering patience equating to mastering recovery and response. Anyhoo...

k

me

Victoria, BC, Canada

 

'Reasons for Judgment' In Tent-city Charter Challenge To Be Released On Tuesday

 

-

 

Just got the email from Irene (one of the lawyers)-

 

"Hi all,

 

Just to let you know that the Court called today to let us know that Reasons for Judgment will be released on  Tuesday, October 14th, at 10:30 a.m.  The Reasons will be emailed to me at the office.  You are all welcome to come by Tues morning   Please spread the word.

 

See you Tuesday!

 

Irene"

 

So that's it. This would be the call to the 60 warriors and all else interested in securing the right to live without having to resort to profiteering; without having to pay rent or mortgage. Is this for real? Look around you. Everything is falling apart. Establishing a tent-city on Tuesday will mark how we face the rest of the future. If tent-city gets shut down, then it can never happen ever again, unless you can interpret an internment camp as being one. Put the call out. It doesn't even matter if the warriors are from Mars.

 

The lawyers office is just up Fort Street passed Cook (the second house-turned office on the right- don't let the yellow pages fool you... they moved across the street).

 

in the majesty of reality,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, Oct. 10th, 2008: radio interview + pre-tent-city rally spot

 

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As last time- we find out the ruling at the lawyers office at 10:30 AM on Tuesday. People will also meet at the courthouse lawn at noon. Mayhaps this will not be a repeat of last time's debacle.

 

this link ( http://www.radio4all.net/index.php/program/28980 ) has a really good interview with Cathie (one of the lawyers) giving a concise legal explanation of whats going on... a bit dated with an updated summary at the end.

 

SO... lawyer's office at 10:30 AM (just up Fort passed Cook St. on the right in a blue or green house-turned-office) or Courthouse lawn at noon. TUESDAY. TUESDAY. TUESDAY.

 

alright,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

No Longer Illegal To Set Up Temporary Abodes In Canadian Municipal Parks

 

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I'm sleeping in a tent-city tonight. Being a Constitutional case every municipality in Canada that has similar sentimented Bylaws will also have to follow suit.

 

BC Supreme Court Justice Ross states, "... In these circumstances I have concluded that the course that is most appropriate is to grant a declaration that the Bylaws are of no force and effect insofar as they apply to prevent homeless people from erecting temporary shelter."... and, "Here the concern is overbreadth of the provisions and no danger to the public has been identified resulting from an immediate declaration. I have concluded that this is not an appropriate case to suspend the declaration of invalidity."

 

People are meeting at the Courthouse back lawn at noon (in three minutes). From there I intend to go to where I will set up a tent and invite others to initiate a tent-city. One of many that will be in Victoria and the rest of Canada.

 

I love you all. This is the hugest thing...

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Oct. 16th, 2008: day 3 report

 

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I'll be in a state of shock for a while yet. The officials are not happy. This morning there were 6 or 7 tents plus a double tarp covering a table area. All of their talk suggests they will come down on any infraction. So far it has been very very cool. I've been making a point of telling everyone who sets up near me that I will not tolerate assholes and obnoxious behaviour. So much is happening. Right now it is cool because having the whole of the parks open means people can congregate with whatever 'section' of society they want... AKA meth kids and alcoholics can start their own encampments. City council is flailing, literally, I think. They will crack down on anything they can get... with that in mind- we could use a burning barrel cut to not be an 'open-flame' (leave the lid on attach a small stove pipe on top then cut out a couple three openings on the side and poke a few more smaller holes).

 

If people are interested and have means and opportunities sitting in their basements going unused there are some specific things that would benefit the tent-city-

 

ropes, string

tarps, tents (more people are coming and it is important to establish a kitchen area)

food stuffs are excellent (it is always hard to criticize donations)...

good spirit (come on down and see the beginnings of the greatest change that our society has ever seen)

music, cheer

tobacco for the long wet nights- weirdly enough, there is still magic left in it.

and maybe most importantly- the burning barrel cut to not be an open flame.

big BIG tents and teepees

 

I should probably get going.

 

love you all,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Oct. 18th, 2008: youtube link to yesterday's arrest

 

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https://www.youtube.com/watch?v=mXm_27i4lnw

 

beyond that- lest a miracle occurs, I don't see how I can avoid going back to jail... mostly the concern is because I signed a thing that gets me released while I wait for more bullshit with courts on Nov. 28th. Which means I pretended they had authority and subsequently displayed a lack of integrity. How or if I can get that integrity back I cannot see yet. I know I will not be happy until I do.

 

I love you all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

Important Things To Know About The Supreme Court Tent Ruling

 

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The city has taken a few liberties in their interpretation of the new Supreme Court ruling that now allows tents to be set up in Victoria city parks. Firstly, the idea that the ruling only goes into effect when there are not enough shelter beds is completely wrong. Our lawyers had always said that the Charter Challenge would have been made harder, if not impossible, if there were enough shelter beds. That being said, now that the Challenge has been 'successful' the only stipulation it proposes is that only homeless people are allowed to set up temporary shelters and legally it would not matter if there were 2000 empty shelter beds.

 

Secondly, yes, it was generally accepted that once the anti-tent bylaws were struck that the city could still make new bylaws to better work with the judge's ruling. In this case, the city just adopted another constitutionally violating bylaw that restricts people's ability to sleep in a tent after 7:00 AM. It would not be a violation if there was somewhere tents COULD go up 24/7... within walking distance to downtown and with provisions for growth.

 

As it stands now, though, I feel I more jail time in my future, as it can still take years to have another Supreme Court ruling to say you can protect yourself from the weather, with a tent, at any time. We have the hardest times we will ever face coming and have no doubt that the government's 'management' of 'homelessness' does not include tent-cities. George W. Bush was right, at least about one thing- you are either with us or against us. There is no neutral.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Oct. 19th, 2008: in lieu of knowing the uncertain, yet predetermined future

 

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I will resume holding vigil under the windows of the 'Crown' prosecutor's office, at the downtown library courtyard, during their office hours until there is a tent-city or 60 warriors gathered to assert one. I would say to not be afraid of what the 'warrior' designation represents in so far as it means 'someone who loves truth and enjoys interjecting in whirlwinds of frantic naivety.' The distinction between a warrior and a brute is that warriors abhor viciousness and the brutes enjoy it. Seems they were made for each other. Patience be with us.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Oct. 23rd, 2008: odds and ends, links and stuff

 

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Good morning. Day whatever here at the library courtyard. So much has gone on... always being given moments to help me remember that everything is perfectly on schedule.

 

Talked to lawyers yesterday about the 7:00 AM thing... they are pretty tired, yet determined. I'm pretty sure there is not enough energy left to have another 2 and a half year trial to test the Constitutionality of the new 'Bylaw'.

 

There has been lots of articles and stuff. Seems to be the only real issue at all of the candidates meetings for the municipal election in mid-November. I believe there is some 'staging' going on in the elections. I think, to some's chagrin, the two top vote gatherers will be Dean Fortin and Kristen Woodruff... and if Kristen wins it will be because of a lot of new voters. Whoever it is, be it a corporate mayor or a realist mayor, they will be the mayor during the 'fall' and the all the stuff that comes with it. So, I ask y'all again- Tent-cites or internment camps?.... speaking of tent-cites, I think it would be wise to start with 2 or 3 sites that could accommodate 30-50 each... we'll see... and as soon as I get my place come and see me about Gardens Not Lawns.

 

anyhoo, here's stuff-

 

the official BC Supreme Court ruling- http://www.courts.gov.bc.ca/Jdb-txt/SC/08/13/2008BCSC1363.htm

 

online version of the 94 minute 'Right to Sleep' documentary LOVE AND FEARLESSNESS v.2.4 (the events that lead up to the June 2008 Charter case)- http://submedia.tv/stimulator/2008/08/05/love-and-fearlessness/

 

alright, in the meantime, and inbetween time,

 

cheers and love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, Oct. 28th, 2008: seeking gear and wisdom

 

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Good morning all.

 

As far as I can see right now- waiting to see our lawyers response on the legality of the 7:00 AM restriction. I have been told that a city councillor has rescinded her vote on the 7:00 AM rule and that mayhaps it might not be official while that gets figured out... meaning tents could go up legally now... I'll find out for sure before I act.

 

There is the big fancy meeting with our lawyers on THURSDAY, OCTOBER 30TH from 4:00 PM to 6:00 PM at a place called ARTS CONNECTION located at 2740 Quadra (near Hillside). I imagine there will be representatives from the police, city and the Chamber of Commerce. There is also a call for all of the municipal electoral candidates to be there as well. The idea is to make clear where all the legalities of the shelter thing are. Was hoping that if any would have tent/tarp and rope to bring it to this meeting as there is a chance the tent-city will go back up in earnest Thursday night.

 

Where the tent-city will go is the next question. Right now I'm thinking back where it was. Yes, I know that that spot has been designated 'ecologically sensitive', though most park area has been designated that way (I think in the last couple years). The gravel soccer field is too close to the ocean and doesn't have much wind blockage. Cridge is bare and too small. Elise is bare and too small. Mayhaps with city cooperation both could be utilized... St. Ann's is ideal, yet the recent Supreme Court ruling was specific to municipal property (St. Ann's is 'owned' by the Provincial Capital Commission). Essentially, the Mayor's Grove is the best area I can think of. Maybe we could get someone to point out where, specifically, the sensitive plants are.

 

And lastly, THIS IS NOT ABOUT THE ISSUE OF 'HOMELESSNESS'. THIS IS ABOUT HOW WE, AS A COMMUNITY, FACE THE HARDEST FUTURE WE COULD POSSIBLY IMAGINE. The governments and corporations will not admit to economic failure and will continue attempt to 'manage' the crisis while attempting to save the economy- the whole while those without conventional resources will be labeled 'useless' and be targets of psychotic behaviour. This is not about protecting our children from dark nightmares of crack and heroin (who has been giving out 1000s of needles every month?). The powers that be do not care so much about people as they do with maintaining their power base. That power base is dealt a mortal blow when people find they can live for free. So, do we face the future as pragmatic grown-up humans blessed with divine industriousness or do we leave the notions of survival to the corporations and turn the other way when we see the brutalization of 'useless eaters'?

 

We are going to run out of food and people are whining about crack (which is not going to be around forever, either). Do we really need soccer fields for the apocalypse?

 

anyhoo, love you all. Have no doubt that everything is perfectly on schedule and that even the devil cannot escape fate... it will do as it must, as we all will. Patience be with us.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

How I Spent My 6 Days In Jail (by David Arthur Johnston)

 

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I want to swear and stuff. Mayhaps I will. Jail is fucked. 2 to a cell in Segregation (23 hours a day locked in a room with another guy). The place is bursting at the seems. There are a lot of idiot assholes out there. The 'Crown' is not qualified to deal with it. Suggested to an 'assistant' warden (there is a more correct title) that tent-city could even be a cure for some of their woes...

 

Spent a lot of time thinking about Victoria and all the craziness in the politics and stuff. The Chamber of Commerce has been revealed to be the masters of city council and the police and it seems doesn't have a chance, now, of getting either of their men into the mayor's chair... which means they are probably going to do something REALLY stupid before the election. I do like this Steve Filipovic person who is also running for mayor, yet it is mayoral candidate Kristen Woodruff who has the wherewithal to go toe to toe with the literally brutal S.O.B.s who tell themselves they will stop at nothing to secure their Golden Egg. Essentially, if you are a voter and would like a true return to a solid innocence in this town research past the CHEK NEWS and C-FAX RADIO profiles and find out exactly how worthy Kristen would be as mayor. This race is now, perceptively, between this Steve fellow and Kristen and ultimately either will be perfect. For council I endorse Tavis Dodds (he won't be undersold), Rose Henry, John Valentine, Sonya Chandler, Jonathon Le Drew, and David Shebib. These are good people. Fit for the job.

 

So, I agreed to not start a tent-city until the constitutionality of the 7:00 AM thing gets determined. The trial date will be set on November 12th, 2008 at 9:00 AM somewhere in the Vic. Law Courts. We'll see if the trial actually happens after the new city council sits.

 

I'm out now and will be resuming my vigil at the library courtyard, Monday to Friday, 9 to 5... if I'm not there wait up to a hour, I may have gone for food or something. Every cigarette I have reminds me of all the guys in jail. May I not take anything lightly until the job is done. Peace guys. Things are almost completely and totally fundamentally fucked... almost. Hold on. The answer is patience. Hold on.

 

Friend's put together a website for political stuff- http://electionsvictoria.ca/ (explanations and some tent-city take-down stuff).

 

alright. I'm wired.

 

in the unceasing perfection of the now,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Nov. 9th, 2008

 

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hey. seems I don't have any stuff for the moment and in the process of manifesting a backpack, good sleeping bag and a 4 or 6 man tent... and by manifesting I mean I'm just hoping that any in my network who might have these things in their basement could do without them? It would be greatly appreciated. The tent, of course, would only be for the nighttime as I do not want to violate my conditions.

 

http://electionsvictoria.ca is excellently set up and impartial (at least where it counts). Compare Fortin and Woodruff. Study them like one of them is going to be the boss of all the cops in Victoria starting on November 16th. For me, it doesn't really matter, as whatever administration gets in they will still have to face correcting themselves or being found guilty of Contempt of Court at the trial (we find out the trial date on November 12th at the Vic. Law Courts, 9:00 AM).

 

I love you all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Nov. 12th, 2008: date setting set aside until Nov. 19th

 

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in an effort to combine the 4 that were arrested for obstruction (for not voluntarily dismantling a tent) we've agreed to come back to court WEDNESDAY, NOVEMBER 19TH to set the trial date for all of us, instead of 4 individual trials. I would rather go on my own in the name of a 'speedy trial', that might not be possible. Either way, we'll get the trial date and the opportunity to see the Corporation of the City of Victoria charged with Contempt of Court (for arresting people under a bylaw that was previously stricken by the recent Supreme Court ruling on erecting shelters in public spaces). I believe it possible that the charges may be dropped not long after the municipal election. Maybe even our stuff given back or replaced... maybe even an apology. We'll see.

 

I would like to see my friend Kristen as the next mayor of Victoria. Make sure you vote for her. I like Steve, the other mayoral candidate, he seems in general agreement on the tent-city thing. I was taken aback, though, when he did not denounce the Chamber of Commerce in its exclusive candidates meeting. Ambition is delusional, Steve. I know you got to take the opportunities when they come. Sometimes the opportunity is to make stands against what is conventional because if it is the Chamber of Commerce that is dictating what is conventional then we are lost to very succinctly literal psychotic criminals. May I remind everyone that Supreme Court Justice Ross found that the City of Victoria was guilty of deprivation of life. The current regime is not just guilty of apathy, they've exasperated the problem and people are suffering and dieing; victims the ruling class would have stigma-ed as the culprits.

 

We can dance around the whole thing all we want, the truth is you don't get luxury industries when there is a global emergency where necessities are lacking. Think on that. And get your garden tools ready for the largest volunteer campaign to convert lawns into gardens. KRISTEN WOODRUFF ( http://www.facebook.com/group.php?gid=34097658927 )- make sure everyone you know votes for her. Those that support the Chamber of Commerce just reveal their own fear. Pity them, seriously, pity them as they plot and connive. The naive mean ones are working extra hard to get their men voted in... the now is perfect. The future is perfect. We will just see what harmonies arise and dance with them as they come... as always. Patience be with us.

 

in love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Nov. 16th, 2008: with the 'election' nonsense over

 

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Good that we got the old group in... we don't have to worry about new folk pretending they are sweet while we have to waste time giving them benefit of the doubt. So, what did we learn? For those of you who pretend democracy works you should know better now. Democracy doesn't work when the populous are contended NAZIs who all agree that psychopathic behaviour is necessary in maintaining order. Are they going to get the disgraced ex-police chief from Vancouver as our police chief? We'll see. The new police chief should be announced on Tuesday. The job now, as always, is to give a picture of true freedom so that people can know what isn't freedom; to shine with truth so that people can see what is not true.

 

MONDAY (tomorrow) from 7:00 PM to 9:00 PM there is a forum at the university on the tent-city thing in room #159 of the Fraser Building at UVic. There will be representatives from the city and 'experts' from the UVIC Law Department.

 

WEDNESDAY, NOVEMBER 19TH at 2:00 PM in Courtroom #103 we will be setting a date for the trial that will determine if the city is guilty of Contempt of Court. Considering that there is a question of the city being guilty of deprivation of life I hope to get the trial as soon as possible. This is the only 'cause' now.

 

I am also looking for a couple of backpacks that can hold a sleeping bag each if any might have some unused ones laying around.

 

Patience be with us. May we mature to a level where we are perpetually ready for war at any moment- this is what patience provides. When challenged, literally or figuratively, first offer your eyes and enjoy rather being dead than afraid. Patience be with us.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

Victoria City Politics and the Plot to Take Over the World

 

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Alrighty... we have the new mayor, Dean Fortin, on video stating that if we took the tent-city to the Legislature lawn he would supply the porta-potties. Quaintly cute at first glance, I would advise closer scrutiny. The city has given indication that it would prefer the tent-city thing be taken on by the province which, in my submission, means regional tent-cities where those without property or the means and opportunity of other people's 'property' could be interned. They (the city and province) will fight tooth and nail to avoid the notion of every municipality having to sport their own tent-cities, and I expect them to fail. The city will continue pretending like public opinion has some sort of say in the right to deny people the ability to take care of themselves and they will continue to manufacture 'public opinion'.

 

The spirit of the Supreme Court of BC ruling on 'homeless' people being able to construct their own temporary shelter is that an 'across the board' prohibition is unconstitutional. What the city has done in response to this, using the excuse that the judge agreed that the city has the authority to create new Constitutionally compliant bylaws to manage how tents can be allowed, was to ignore the 'Constitutionally compliant' part and suggest that instead of having a 24/7 'across the board' prohibition they are allowed to have a 12 hour a day 'across the board' prohibition. They are enforcing it, acting as if they have the right to.

 

People have been arrested for 'Obstruction of Justice' in not complying and go to court (WEDNESDAY, NOVEMBER 19TH at 2:00 PM in Courtroom #103) to plea 'not guilty' and set a trial date. It is expected that the first thing determined at this trial will be whether or not the City is in Contempt of Court. Which they are.

 

In the meantime, there is going to be much spin-doctoring and hate propaganda directed at the notion of tent-city and all those who like them. The city will be dedicating much energy into mats on floors in churches and overflow in the emergency shelters. These things are not adequate, not only because of the culture of violence and drugs that asserts itself in these places, but also because there is no just reason to not presume innocence of people in their ability to take care of themselves, providing their own survival.

 

Speaking of shelters and the such... there is a phenomenon called 'poverty pimps' and right now some of them are busy crucifying Reverend Al Tysick so that the new 'Our Place' can be completely corporate run and devoid of any compassion beyond allowable maintenance criteria. I also expect organizations like Food Not Bombs to be made illegal unless they apply for licensing to share food.

 

Have you noticed the condemnation from the media and police towards people who live in houses that help those that don't? The subtle conditioning that would have people think that only those with the least means and opportunities can help themselves. The 'take over the world' management plan will leave survival to said 'poverty pimp' corporations with the help of municipal and regional bylaws that restrict things like having more than 4 non-relatives residing on a 'property' and sleeping in cars.

 

Whether or not the city is found guilty of Contempt of Court will indicate how we will all face the future. If I am not forced into an internment camp I will facilitate, from my temporary abode in my tent-city, Gardens Not Lawns (a massive volunteer campaign offering free labour and expertise in converting lawns into food producing gardens).

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Nov. 19th, 2008: waiting for the 'Crown'

 

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After spending the entire afternoon in the courthouse, once getting the Justice of the Peace to say I could set a trial date the 'Crown' called someone higher up and the 'Crown' strenuously asked again only to have us all wait for Monday to set a trial date. They did not dwell on the fact that that's what we did already to get to today. Anyhoo, on MONDAY, NOVEMBER 24TH, 2008 at 9:00 AM in the Victoria Law Courts, room #103, we head back to consolidate our trials into one... I really really presume that we'll actually get a trial date- though we'll see if the city does something to avoid being charge with contempt.

 

The community forum on tent-city that was held at the university went really well. About a 100 people attended, most of them law students. One of the panel was a law professor and he spoke quite eloquently about how it is 'arguable' that the city is guilty of Contempt of Court. Another sister said a lot of good things too, bringing up the idea of how efficient a camp kitchen could be run. There was a little misinformation about past tent-city actions, though it was easily cleared up (re: 70 people being arrested at Cridge Park when in fact no one was arrested there).

 

alright,

 

love y'all,

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Nov. 24th, 2008: 'Crown' stayed proceedings

 

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Got to court this morning to set a trial date for the arrests at Centennial Square. The 'Crown' stayed the proceedings, meaning the charges were dropped for all four people. I, and four others still have 'first appearance' on November 28th for the Beacon Hill Park arrests that happen just days after the BC Supreme Court came out with its ruling that allows for homeless people to erect 'temporary abodes' in municipal public access spaces and I'll see if those are stayed as well before re-asserting myself against the illegal enforcement policy. Will be going back to the police department to get my stuff... an apology would be nice as well.

 

The 'Crown' recognized that the city has no authority with this bylaw enforcement policy. Officially it probably means that there is no 7-7 rule now. Again, I say, I will wait until I know what’s going on with the first appearance before re-asserting myself.

 

love you all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Nov. 24th, 2008: forget what I said in the last one

 

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They have no leg to stand on and they know it. I'm going To Centennial Square now, with a tent. It is 3:49 PM now. Tents remain contrary to the Enforcement policy before 7:00 PM. Maybe something today. maybe something in the morning, after a very interesting night, I presume. Again, I call them on their bluff, now.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Nov.27th, 2008: Centennial Square

 

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I'm going to make this as quick as possible. Even before I answer any of the many emails I've gotten (haven't checked since Monday). I'll presume most of you already know about how the city was enforcing an illegal enforcement policy and how we've successfully called them on there bluff. We are still at Centennial Square, under a giant sequoia decorated as a Christmas tree. 3 nights, so far, with much action and mental ninja dancing. So much support it is powerfully sweet. Yes there are detractors, the one's who have believed the hype and feel they need not delve deeper into what's going on... that's fine... may they find the courage to face us with their concerns.

 

On Friday evening, maybe 5-ish, the City is planning on having the official Christmas tree lighting ceremony and would rather there not be a number of tents under it as they do... the thing is this- the city has acted criminally, against us personally, and we cannot treat them as having any authority until they apologize. They are going to hope a lot of vicious concerned citizens show up to scare us off, as they cannot do it legally... I hope all of the rageful will come, just so they can see how they are going to be dealt with.

 

This IS a case of the city being humble or being humbled. To comply with Justice Ross' ruling they must have places where tents can be up 24/7 if they want to have conditions on them in other places. I see as this- 2 or 3 smaller sites provided by the city and a zoning that would allow private residences to offer whatever spaces they might have (for example- 4 tents in someones back yard or 10 on someone's half-acre... etc...). The city has been caught with its pants down, in the bushes, with a kid, and is continuing to deny it even as the entire population of Victoria sees them.

 

There might be a mass false arrest. There might be an offer of hotel rooms or something similar- you know they are conniving some bullcrap simply because of the lack of an apology... they are still looking for ways to get away with it. They cannot. So may they be humble before they are humbled.

 

Come down and check it out. Right now there is no 7-7 rule. Anyone who can call themselves 'homeless' can set up on any municipal property green space. Starting their own comminities. There will soon be the first sanctioned tent-city in Canada... maybe very soon.

 

alright, I love you all. Come down and check it out. Come and get some love.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Nov. 30th, 2008: where it all stands

 

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On Monday, Nov. 24th, the 'Crown' stayed the proceedings on the Obstruction charges given to people who were arrested for not voluntarily dismantling their temporary abode after 7:00 AM, as per the city's Bylaw Enforcement Policy. So, Monday night people returned to Centennial Square, where the arrests happened and, again, erected a temporary abode. Talking to the media the next day it was confirmed that the 'Crown' stayed the proceedings because the Bylaw Enforcement Policy is not Constitutionally defendable.

 

The city took the position that, even though people could not be arrested for Obstruction, tickets could still be given out. Throughout a magnificent 4 days of occupying the ground under the giant Christmas tree we accumulated enough tickets to be arrested for a separate 'civil' charge of having multiple tickets.

 

We go to trial for this on FRIDAY, DECEMBER 5TH, at 9:30 AM in the VICTORIA LAW COURTS (850 Burdett Avenue). If something huge and unexpected doesn't impede the trial it will result in Tavis and I being given a permanent injunction against breaking the 7-7 criminal Policy or Tavis and I charging the city with Harassment which, likely, will lead to the city being found in Contempt of Court. This could be the proverbial 'it'. Violating an injunction, itself, is Contempt of Court and can lead to months and months in jail... and the city being found guilty could lead to 'temporary' replacement of the VicPD by RCMP and a criminal investigation into the workings of City Hall... mayhaps I fantasize... we'll see...

 

The Supreme Court of BC has found that it is unconstitutional to impede homeless people providing shelter for themselves. If the city wants to have time restrictions on tenting in parks then it must make available space where those restrictions do not exist... and if it does that then let it see the wisdom of facilitating two or three smaller sites and the inception of new zoning laws that would allow for private residents to have tents on their properties. The municipal tent-cities will have provision for growth. Regional tent-cities can not be acceptable lest there is, already, established rule making municipalities the primary guardians for tent-cities.

 

Policing will be the same as always- each individual tent will be presumed innocent of, until better is known. Less people will be forced to push their stuff around every day. Criminal element will be obvious and localized... good people will see that the role of 'sheriff' is a divinely natural one when flowing through a loving community. There is a 'stoic stand-upness' that is stronger than all rage and assholes and it will become very evident as the tent-cities reputations grow.

 

In the meantime, people are taking things very seriously. People seem to enjoy milling about and under the Christmas tree at City Hall... a vigil, so to speak, waiting for this FRIDAY. There is a massive hate propaganda being directed at anyone who disagrees with the welfare state. Patience is stronger than all that. May we enjoy letting the dead bury the dead.

 

in miraculousness,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Dec. 4th, 2008: adjourned til next week (fwd from lawyer)

 

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"David & Tavis

 

I’m on my way over the Court House to adjourn Friday’s trial – there is no need for either of you to be there.

 

The hearing before Ross J. to settle the order will be tomorrow morning or Monday morning – we are just waiting to hear back from the Registry.  I’ll let you know what new date we get for the City’s proceedings against you.

 

Irene"

 

The 'order' is something all parties involved in the Charter case must sign to finalize the case. The city says its going to ask the judge to amend the ruling to add the words 'at night'. They are going to be told to shape up or face the consequences, I presume. Their continued adamance that they have the right to tell people they can't sleep during the day will be dealt with by the same Supreme Court judge that gave the ruling. Of course, if the judge is compromised or the city finds new ways to delay I will still put them in a position that they must kill me or do the right thing.

 

The right thing in this case is to accept that the city must provide space for tenting if it wants to regulate it elsewhere. To create new zoning regulations that allow for people with means and opportunity to apply to have tents on their 'properties', or even make use out of motorhomes and trailers (and the such). The cities obligation (to not impede) can be quite lessoned with private participation... make no mistake, the city must fundamentally always present the option.

 

We will see what Judge Ross says about the city's insistence.

 

peace,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

The Way Out Of Hell (St. Ann's update- Dec. 5th, 2008)

 

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I got up to the courtroom just as the city's lawyer and Irene were finishing their teleconference with Supreme Court Justice Ross (presiding judge in the 'right to sleep' case). The city was suggesting to Ross that when she said, "In the present case I am mindful of the fact that there are many different ways in which the City could approach the reconciliation of the rights of the homeless with the objectives of preservation of parks.  In these circumstances I have concluded that the course that is most appropriate is to grant a declaration that the Bylaws are of no force and effect insofar as they apply to prevent homeless people from erecting temporary shelter." that she just forgot to add 'at night' at the end. Ross did not agree and told them the order stands as it is.

 

The city will be getting a letter from our lawyer today suggesting the city drop the charges against me and Tavis and repeal their illegal enforcement policy lest they face the condemnation of the court. DECEMBER 31ST at the latest, when Tavis and I are scheduled to appear for trial for accumulating too many of the city's, now publicly and legally known to be, illegal Bylaw Enforcement Policy tickets for having 'temporary abodes' after 7:00 AM.

 

Somebody is going down for this. The 'Crown' is abandoning that ship... now plotting how to best use it to their advantage. A taste of nobility might go a long way in improving its image. People really like to be trusted.

 

Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Dec. 6th, 2008: tent-city assertion between now and Dec. 31st

 

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It's the day after the Supreme Court has told the city, in no uncertain terms, that the ruling did not say anything about setting a time limit on an 'across the board' prohibition, but that there is to be no 'across the board' prohibition at all.

 

So, what do I do? The city will be very wary of arresting anyone for the same thing. Tavis and I are the only ones that have a court restriction from doing so. The city may very well have the notion of dropping the charges before they get to court (on Dec. 31st) lest they face official condemnation of the court, though they may continue to act like they have a chance at court so as to keep me and Tavis under their thumb as long as possible (especially until after Christmas).

 

I may very well breach the condition of the illegal arrest and just find a tent and set it up during the day... I don't know. I would like the charges dropped before doing so, though I have no doubt the charges will be dropped eventually anyway. So, I'm in the market for another tent... it can be the rattiest excuse for one, doesn't matter. When it comes to it, I can construct something out of cardboard, too.

 

The new police chief starts his job on Jan. 1st. He has been quoted as saying (I'm paraphrasing), "If somebody spends more than 9 months on the street they go feral." He's a madman, absolutely one to resort to psychopathic behaviour to maintain this delusional 'order'. If I'm not setting up a tent on Dec. 31st it is because I've already set one up... I'm reminding myself of patience because the pressure is very on. People are very tired of being weaker than this life stealing corruption and put their last hopes on the strength of this tent-city movement, which is the strength of community, itself.

 

So, hold on. There are many good people doing things we do not even know about. Have no doubt that this is now the crux. The big huge thing that the Charter ruling was just leading to.

 

Patience be with us all. It is the time for organizing- it is also the time for individuals to find their own 'fuck it' factor. This is how the world will be 'saved'.

 

Peace and divine centeredness,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

ready or not (St. Ann's update- Dec.6th, 2008)

 

-

 

I don't know what I'm doing. Kristen has asserted that she is setting up a tent tonight under the big tree in Centennial Square.

 

The Supreme Court has told the City that its ruling did not mean only 'at night'. Anything from the city now that isn't an apology, by word and deed, will just be more corrupt and contemptible bullshit that will not stand in court. Kristen is calling them on it. I will join her for the night, though I do not expect to claim responsibility for the tent, as I'm not sure if I want to breach my illegal conditions...

 

If you only have a certain amount of energy for this stuff- this is worthy of tapping your reserves. Let your networks know. Kristen is fueled by love and hot tea, and I imagine there will not be a lot of sleep tonight. We're meeting at the Mustard Seed at 7:30 tonight for supper. Hold no one to anything, it is impossible to know all the variables. Patience.

 

Peace and joy,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

---------- Forwarded message ---------- 

From: Kristen Woodruff <rogueyoga@gmail.com>

Date: 2008/12/6

Subject: Tonight

To:

 

 

Good evening,

 

The City of Victoria's lawyers requested a meeting with Madam Justice Ross a few days ago, because they wanted her to amend her ruling (which struck down, let's not forget, the city's bylaws preventing homeless people from erecting temporary shelters for themselves) to read that the city's blanket prohibition on the erection of temporary shelters was unconstitutional only as it pertains to night-time shelters. That is, they wanted her to amend her ruling in order to make the City's bylaw enforcement policy restricting tenting to the hours between 7 p.m. and  7 a.m. legal. They met with Justice Ross yesterday, along with and she refused their request. The ruling stands as it was written and the city's bylaw enforcement policy really really doesn't seem to be of any force and effect.

 

Meanwhile, the police continue to wake people up at the crack of dawn and force them to, yet again, move along--in defiance of the B.C. Supreme Court ruling, and to the continued detriment of every homeless person's health and sanity. This madness has gone on too long.

 

I'll be setting up again at Centennial Square tonight, sometime after 9 p.m. I will enjoy my constitutional right not to pack up my house before the sun rises on a Sunday morning. Should the city send in their troupes in an effort to cajole me into moving along, I will peacefully stay where I am. I may even light a candle.

 

I welcome company, food, tea, music, and other support.

 

peace,

 

Kristen Woodruff.

 

 

P.S. Some notes on "what I am asking of the city":

 

All I ask of the city is that they hold an open, publicized consultation with representatives from the large group of Victorians who are sleeping outside, in which we determine, together, how to interpret Justice Ross's ruling in a way that serves the highest good of all parties involved. I am not here to take over the parks or to cause a public disturbance. I am here because this country's ever-growing homeless population are our very own refugees and we deserve what refugees in even the most impoverished war torn countries get---the right to erect simple, temporary shelters. The B.C. Supreme Court agrees, but the City of Victoria doesn't.

 

I want to support Dean Fortin and the rest of city council in their position as rulers of this city--by "support" I mean honouring the authority they have as our elected representatives. I really do. But I cannot support their presumption that it is O.K. to enforce the 7 p.m. to 7 a.m. restriction on tenting in parks; I cannot support their decision to contravene the Supreme Court's decision. At this stage the support I can offer to City Council is to invite them, once again, to TALK TO US about how we can all live together---and to make this talk a public event; i.e. widely publicized in the media.

 

As it stands, the mayor and city council are ignoring our invitation to dialogue, and are subjecting us to illegal laws--and by "us" I don't just mean myself and the others arrested in association with past Tent City events. I mean all of the people in Victoria--and indeed across Canada---who, every morning, are asked, in contravention of their constitutional right to shelter, to pack up and move along.

 

The average homeless person in Victoria, and indeed across Canada, is made a refugee a hundred times over every week---asked to move along and move along and move along again, hauling their belongings (the ones the the police don't take) with them every where they go. I won't move along, and I hope by not moving along the City of Victoria will be inspired to stop forcing everyone else to move along.

 

 

Niceness VS. Meanness: breaking the monopoly on sleep (Victoria, BC)

 

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October 14th, 2008- BC Supreme Court Justice Carol Ross gives her ruling on the Constitutionality of the City of Victoria's Bylaws that prevent homeless people from erecting 'temporary abodes' on all municipal public access property. She finds the Bylaws not Constitutional and orders them 'of no force and effect' (in so far as they prevent homeless people from erecting 'temporary abodes').

 

October 16th, 2008- The City of Victoria interprets the BC Supreme Court ruling to mean only at night are homeless allowed to sleep and creates a new 'Bylaw Enforcement Policy' saying that only from 9:00 PM to 7:00 AM are the homeless allowed to exercise their right to shelter (later changing it to 7:00 PM to 7:00 AM- in a media public relations spin to try and appear compassionate).

 

October 17th to December 8th, 2008- a number of arrests. First, a few for Obstruction of Justice in not voluntarily dismantling 'temporary abodes' after 7:00 AM. Then, after the 'Crown' itself admits that the Bylaw Enforcement Policy is not defendable in court, dropping all the charges that had accumulated. The City of Victoria, taking a proud stance, continues to act against the BC Supreme Court ruling and the Rule of Law in general, by giving out the tickets for having 'temporary abodes' after 7:00 AM then arresting people on the separate civil charge of accumulating multiple Bylaw tickets. On Dec. 5th the City's lawyer and our's went in front of Justice Ross via telephone, the City asking her to amend the ruling to include the words 'at night'. Justice Ross does not amend the ruling, clearly stating that she meant every word as it is. Case closed... you'd hope.

 

Two people have trial set for being arrested for accumulating multiple 'no tents after 7:00 AM' tickets on WEDNESDAY, DECEMBER 31ST, 2008 at the VICTORIA LAW COURTS (rm# 203) at 9:30 AM. I doubt very much that we'll get there and the main reason the City is taking so long to humble itself is that it has a mandate of putting this off, at least, until after the Christmas shopping season if not until the new Chief of Police begins his job on January 1st, 2009.

 

Today, December 8th, my friend Kristen is asserting her right to have a shelter past 7:00 AM and if given a ticket today will have enough to be arrested for the civil charge of having multiple tickets. It might be a good thing to get in front of any judge, even for first appearance, now that we have the confirmation of the BC Supreme Court. Maybe, through arguing that continuing the case would be tantamount to abuse of process, we could get the whole thing dealt with before the 31st.

 

The city are pricks. Madmen, through the ridiculous conditioning of allowing for psychopathic behaviour to 'survive', have declared that those without homes do not have the right to sleep during the day. Society, for so long, has accepted the tourism/developer monopoly on sleep that its long forgotten what it is to sleep for free... that the notion of sleeping for free has become the basis of much hate propaganda. With the general public accepting laws that prohibit sleeping in cars and having more than 4 non-relatives residing on a property (no matter the size) it has been quite a shock to learn that the BC Supreme Court has ruled that all Canadians can always rely on the fact that we can now all provide our own shelter. It is not the crime and junkies that is the real fear of tent-cities- how many people are having nervous breakdowns trying to make next months rent? Give a picture of basic feasibility and people will quickly be turned on to the tent-city model... then as the world crashes around us we can be still comforted knowing there is always a place to go.

 

You can pretend you have other affairs or causes or actions that you must attend- this is the primary. Will you be ruled by niceness or meanness? Nobody has the right to be mean, not even with the excuse of survival. Patience be with us... may we ALL grow ALL the way up.

 

You WILL be tested. The entirety of your truth will be tested until you remember you are the Buddha or you self-destruct. I'd wish you luck if there was such a thing.

 

Peace,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, Dec. 9th, 2008: the beast

 

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I don't know where to start. I only know that I must write something. We're all fucked, but not really. 'Fucked' in the way an entire population is conditioned to accept horror as necessary (AKA making the homeless bums wake up at 7:00) and also 'fucked' as in you're fucked in the head dude.

 

Me and my friends are standing against a beast that would never allow non-concentration camp tent-cities. This beast supplies a lot of people with their livelihoods and so it has an easier time of propagating hate against us. At this moment I'm convinced the new chief of police was hired specifically to murder people then get safely shoo-ed away in a bit of controversy. I'm accepting that I will never see retirement; never see a life as a man with a home and community.

 

I don't want to be angry- I do know it is only ever self-loathing. I know rage cannot be used to stop the devil. I know the biggest issue is something that most don't even know about- the choice thing. I know that these hands do not 'do'- that they are an extension of my brain which can only have the conditioning it has and react accordingly. This is the most important thing- knowing that the fundamental fuck up of our world is thinking people make choices- its only through that thought that we can conceptualize 'evil'... then we can hate... and blame.

 

The existence of the entity called the 'Crown' (the same as any old long term psychotic mafia-type organization) is completely dependent on the presumption of 'choice'. Sometimes I can explain it clearly- the trick is being someone who can seriously consider that no one ever has made a choice and never will (people instantly go into rhetoric about free-will and stuff- to that I say a free will is one free of delusion). Look at any 'choice' you've ever made and ask yourself if you've could have done different with the experience you had at the time. No, you couldn't have and neither could anyone else.

 

Now we're extra super fucked because we've also over populated the planet a thousand fold while being dependent on corruption- so essentially nobody is ever going to get the lives they've dreamed of. May we enjoy the ones we do get and accept them as our days, no matter how war-like and fatiguing... sometimes miracles happen. hopefully I don't got to die for this one.

 

So, to all my friends and all those on the fence, keep 6 for the world. Peace isn't a hippy thing its a family thing and its very real even to the hardest mother fucker... its why anyone takes anything seriously.

 

They're coming for us and a patient love of truth is the only thing that sees us through.

 

k-love,

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. Dec. 10th, 2008: Provincial Court VS. Supreme Court

 

-

 

Is there a 'right' to have an across-the-board prohibition on sleeping during the day? And, How would such policy be corrected, given the Supreme Court of BC has already ruled an across-the-board prohibition on sleep illegal, and the municipality ignores it while implementing a plan to circumvent it (re: abuse of process in the courts hoping to court a judge who is more than %50 directed by the manufactured public opinion that 'homeless' people do not deserve to sleep because they should be spending every second fighting to get back in the 'system').

 

I would rather not have to die in jail, though I ask myself, "What happens between now and a world of freedom?"... How to shine so brightly that all fear is washed away? I do not stress and do not despair, I remember I do not 'do' and enjoy patience, humbly trusting the spirit of love to take me where it will... it has been taking me to a grand enjoyment of calling out every asshole on their shit... it is good to know that to not like me means a person is only infected with laziness and cowardice, and face to face their rage cannot stand.

 

Kristen is out of jail, likely joining Tavis and I in court on DECEMBER 31ST (9:30 AM in courtroom 203). We all feel like we're being raped... feeling that we have to play a political game where we have a massive propaganda machine against us through the indignation of the Chamber of Commerce (police and city hall) and the 'Crown' (anyone under the delusion that psychotic behaviour is necessary in the maintaining of order)... and feeling the looming threat that we actually will have to die in jail to make any statement at all.

 

You will know who the good people are- they are the ones standing.

 

Kristen could use a good sleeping bag... oh ya, and the last update said yesterday was the time limit we gave the city to drop the charges, I was wrong, it was today- though we received a letter back from the city's lawyer saying he would give the letter to all of the city councilors to give them a chance to discuss it at their meeting on Thursday then get back to us on Friday.

 

in remembering Christmas is two words,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

Only A Monster Would Prohibit Sleeping During The Day

 

-

 

Even the most conniving of you is being duped. If you don't like 'tent-city' so much there are still ways out of your bind. The hardest part is going to be accepting that you have been acting criminally and humbly admitting it to the public. Truly, do not fret, the liberation of humility cures all shame.

 

Judge Ross did and does believe it is the city's purview to manage its public spaces and parks- to comply with the ruling you cannot have an across the board prohibition at any time. It would be good if we all sat down with a map. You can make rules saying no more than 4 tents in any area, allocate areas, making constructive and creative provisions for growth, and such... I know in the cluster I live in I could make our own compost toilet, though maintenance assistance will not be argued with. The city will take primary responsibility. That being so, I believe it would be wise of city council to adopt new zoning Bylaws that, when applied for, would offer private citizens a chance to house more than the CRD-type rules, about number of residents on a property, currently allow for.

 

Today, you are having put before you the suggestion that if you do not rescind the illegal Enforcement Policy and make just amends that you will be having charges brought against you. If you play it like that it will be in every newspaper in Canada and many throughout the world, that the Corporation of the City of Victoria is fighting for the right to prohibit sleep during the day. You cannot win this.

 

On a personal note- I will be initiating a chapter of Gardens Not Lawns to offer free labour and expertise to any 'land owners' interested in converting lawn into food growing gardens, as soon as I have my abode.

 

Victoria is about to become the most progressive city in the world, or the opposite.

 

in the most interesting of times,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

I Am NOT A 'Homeless Activist' (D. A. Johnston - Victoria, BC)

 

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Let me make myself perfectly clear. The giant 'right to sleep' campaign did not originate over some altruistic desire to help the 'homeless'. The biggest inspiration came when, one night in late 2003, I put my bedroll down at one of my sleeping spots in Beacon Hill park, laid down then noticed an unusual smell. Upon inspection I found the ground covered in fertilizer (ground up fish) and subsequently my blanket was filthy. It was obviously placed there on purpose and from then on the fertilizer came to be known as 'bum-away'. To hold those responsible accountable the 'right to sleep' campaign began in earnest January 16th, 2004.

 

Up until that point I had been on the job as a preacher of fate, primarily meditating down at the lower Causeway and conversing with the multitudes of people strolling by. Since the campaign began the role switched from meditating everyday to playing this political character that, almost perpetually, has to defend itself from malicious defamation.

 

I have learned much. The thing has evolved from fighting for the right to sleep with a blanket under a tree, to sleeping in a tent, to, now, sleeping during the day. The city (which I'll now refer to as the Chamber of Commerce) has been fighting every step of the way attempting to protect its shallow little tourism industry from the visual effects of poverty. Part of my education has included becoming aware of the massively devilish take-over-the-world plan that, for instance, has the government giving out 30,000 needles (minimum) a month and a media that has blame placed on the 'homeless' for needles being found everywhere... a good plan in raising the 'need' to hire more cops. 'They' say permanent tent encampments are horribly dark magnets for crime, the truth is that there is a large population of people on the verge of nervous breakdowns (because they have to work 40 hours a week to pay for sleep) who might relieve themselves of some stress by 'choosing' to be homeless and taking advantage of their right to camp.

 

ON DECEMBER 31ST AT 9:30 AM IN COURTROOM #203, the Chamber of Commerce is hoping to convince a Provincial Court Judge, even after the Supreme Court of BC ruled that it is illegal to have an 'across the board' prohibition on sleeping, that an 'across the board' prohibition from 7:00 AM to 7:00 PM is acceptable. I've seen how the Provincial Court works and will not be surprised if their judge finds that it is O.K. to force people not to sleep during the day. If that is going to be the case I will be immediately making an issue right in the courtroom, as the judge will be acting illegally, contravening the Constitution and the Supreme Court ruling.

 

So, even if I used money and had the biggest house in the world it would still morally behoove me to risk it all to find justice, as it would any and all. Not for some obscure notion of 'homeless' people, but for sanity, itself, lest it lack the peace justice provides. Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Dec. 18th, 2008: so as to not give my lawyers heart attacks...

 

-

 

(To the sheriffs- don't worry about me guys, I'll be good.)

(To the RCMP- if a municipality and its police have been acting criminally can we come to you?)

 

I've assured my lawyers that, regardless of my last article (suggesting I would occupy the courtroom if the judge proves corrupt- re:https://www.angelfire.com/apes/hatrackman/activist.htm ), that I will not occupy the courtroom and act, instead, how I usually act and challenge any bylaw or order specifically if it fails to be reasonable.

 

To alleviate the city's concern about tent-city, we have made it clear that we are not fighting for the right to have a tent-city, but, officially, fighting for the right to be able to sleep, while protecting one's self from the elements. The city could go so far as to make their new bylaw stating that tents can go up as long as there is people sleeping in them (giving allowance to step away for bathroom breaks, and such). Obviously, it is not reasonable to order people to not sleep during the day so mayhaps the city can find its way to actually making a new bylaw instead of forcing a 12 hour a day prohibition that is contrary to the Constitution, the ruling and life, itself.

 

One day we will find that we've been working really hard to prevent something that is completely simple and natural. That, all along, it has been a horrible deprivation in preventing tent-cities. I trust the speed in which they will be occupied will attest to this... when they do come. I've been mulling the notion of the city correcting itself (just in the most basic fundamental way) then seeing some initiative in a more 'regional' 'overflow' space. Life is hard in many many ways and it is equally hard to predict how things will turn out. There is a cosmic battle going on and so many people pay dues to the 'Crown' even knowing what it has done... so many caught in a huge mind-trap. Patience be with us all, almost the whole of the human population has been conditioned to accept slave conditions- those slaving the most enjoying the most fake freedom.

 

If we all turned nice this would be so easy.

 

anyhoo,

 

love y'all,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Dec. 30th, 2008: the devil is just doing its job

 

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http://tentcity.wikidot.com/ is an excellent website a friend has put together about the history and legal beginnings of tent-cities all over North America. There is much there to assist in the beginnings of our own. Things like codes of conduct and the such. We would do well to be wary of tipping our hat too much so as to not forget the the primary problem is the criminal unreasonableness of the city in its venomant stance against tent-cities.

 

The city... every time their spirit passes my thoughts I am struck by how much energy they've stolen and how much more they intend to steal. Then, if I show any resentment, then I am the lesser man... they are conniving fucks to say the VERY least. The city is going to attempt to convince the judge that I'm not homeless. When I saw this yesterday I was surprised at what it brought up in me... they cause so much suffering and now they completely invalidate the last 8 years of my life... I know, I shouldn't let it get to me... and I remind myself of patience. I hope they can tell me where my home is.

 

I honestly don't know if I start starving to death in jail tomorrow. I will know if the judge is corrupt. What would you do if the provincial court just told you that you, your friends and all homeless people are breaking the law if they sleep during the day? I think maybe some people think some of this is exaggeration and that is why they are not giving this more attention... I don't know. I'm sick and tired and absolutely determined to make the fuckers kill me before letting them get away with their horror. IT IS ILLEGAL TO SLEEP DURING THE DAY. IT IS ILLEGAL TO SLEEP DURING THE DAY. IT IS ILLEGAL TO SLEEP DURING THE DAY.

 

in glorious fatigue,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Dec. 31st, 2008: case went well

 

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Bunch of people. Bunch of reporters and cameras. City spent time trying to classify worthy homeless and unworthy homeless. I will not say what will happen as the judge reserved his ruling. Meaning it will probably be sometime next week (hopefully and presumably).

 

VICNEWS made me their top news maker of 2008. Its alright. The psychological impact of the intense scrutiny is something... I can't do anything without everyone knowing about it...

 

other than that, I'm getting over this pneumonia and am in good spirits even if I've no energy.

 

in love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thurs, Jan. 8th, 2009: call it what you will

 

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I will give the provincial court until next Friday (Jan. 16th, 2009) to come out with its ruling on whether or not the city has the right to restrict sleeping during the day.

 

in love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Fri. Jan. 9th, 2009: pop culture reference

 

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OK. Has anyone ever seen Contact, a movie based on a book by Carl Sagan starring Jodie Foster? In it, aliens from a far away star system send blueprints for a interstellar travel system. The government, in building it, adds a secure chair inside the devise which was not in the blueprints. When the first test run is made Jodie Foster's character gets injured by the chair which shakes from its bolts. They find that the chair was hindering the use of the devise because the occupant is supposed to be free inside and not strapped down.

 

Now, I know that tent-cities (or if semantics are your thing you can call it 'temporary transitional housing') work. There is a life there rarely seen and the thing takes care of itself. With the including of government regulation on lengths of stay or registration the efficiency of the thing is hampered and will injure the occupants because of fear of not having control. The point is that the blueprint for tent-cities is simple and only requires freedom to work at highest efficiency and by adding 'security' it is only going to injure the residents through lack of trust. Mayhaps, like in the movie, the security will be tried and observed as failed, only to be corrected after the injury. It would be nice to learn from past experience, though, even if it is fictional.

 

Again. If the provincial court of BC does not rule on the right to sleep during the day by FRIDAY, JANUARY 16TH, 2009, I will be asserting my right by erecting a 'temporary abode' between the hours of 7:00 AM and 7:00 PM... probably Friday afternoon, after court shuts down at 4:30. I really really hope someone in the court system comes to their senses and this ridiculous political game can just come to an end- if not, then at least I will just die in jail and not live the life of a fearful retarded slave trained to turn my head when people are forcibly herded into the welfare state.

 

Love you all. Peace and patience be with us. When you wish on the first star you see when night comes, if you're not wishing for peace you're wasting everyone's time and making God think you are stupid.

 

klove,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

Every Ego Dies

 

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What can be said? I sit here, guessing that I'm going to jail tomorrow, maybe for the rest of my life (oh, so dramatic). Hoping that future can be circumvented by the ruling coming out today or tomorrow. Sometimes I write for those who might be reading for the first time... sometimes it's just easier to presume people know what I'm talking about.

 

I'm not a frivolous media-whore. I'm someone sociopathic enough to not be herded. The curse on the world is so huge it is hard to explain... beyond just saying fate and patience and just letting people figure it out on their own. If one person learns the truth then they are crucified and labeled as crazy. If many people learned the truth it is a movement--- this thing is getting close to a movement and I would rather not starve to death in jail.

 

The Provincial Court is playing a political game because their bosses know that the current monopoly on sleep will be busted, or the government will have to admit to being tyrannical and just, publicly and officially, not care what the public think... It would be nice to have a victory- to know the job was done correctly. It would be nice to see city hall step out of their role as socially acceptable criminals and just fess up and apologize... I've had that dream before.

 

I am writing now with the notion that this may be the last thing I send out. There is so much I would want to say. So many people that I love so much. So many little last messages. I love you all and I know your love for me. It's all ok. Everything is perfectly, PERFECTLY, on schedule. I think sometimes a lot of the apathy comes from being unable to imagine world-shaking events are happening right here, right now... that how we deal with this 'right to sleep' will directly affect every single 'Crown' colonized country in the world, and by doing that will affect the whole world... the answer is so simple and so fatal to industry based in lies. Death is better than slavery. Which is why so much attention has been given to deluding slaves into thinking they are free. Your children's lives should be the reason you do not bend for the devil, not the reason you do.

 

Don't be afraid. Every ego dies. It is nature. Love truth so you can get the most out of whatever life your ego will have. Define your parameters so you need not waste time on desiring the impossible. God is not a ten foot tall bearded guy that grants wishes. God is all and can only be God. The soul of life is the soul of God and when you are humble it shines through you. Avoid pride- understand it so you can avoid being the fool. There is no evil- only those children who've been taught life 'chooses' and can subsequently blame other egos for the things God has made them do. Your ego is made by its experience. Period. Just like everyone (every person be they scaled, two footed or four). So there, objectively, is no evil. So you need not waste time with hating... just think on patience in the hard times, in the confusing times, in the times of doubt and the times of glory. Patience is a window that allows even the most simple of folk look on the grandness of God.

 

Heaven-on-Earth/freedom is a very real future for this planet... we just have to suffer at maximum so we can find the inspiration to transcend suffering. Utilizing our divinity to figure out our way back to the garden. What else is there? Fear really ain't real- its just a mindfuck; a lesson of God.

 

Patience be with every conduit of God's soul.

 

in fate,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Fri. Jan. 16th: my own impatience

 

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I'm not doing it today. My brain is popping. I know how sanity works and I know the Provincial Court is not a shining beacon of justice. When I gave the Jan. 16th date a week ago it had already felt like months had passed when in fact only a week. It seems simple to me and I know the problem the Provincial Courts face- they have to come up with some way of finding us innocent without having the city being found criminal. It might not be able to be done... I don't know... I'll give it a couple more weeks, unless I don't.

 

So, another case of bravado without action. I'm being made crazy and the looming possibility of never seeing freedom, never seeing a just end to this sleeping court stuff, never seeing the city held accountable hurts real bad. The indignation of the conventional is a bad spell as it is constant and coming from every spiteful retard around... and now I have to face the response to this little adventure. I'll do it until I don't. I'll remind myself of patience and if that is not enough I'll just go mad.

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, Jan. 22nd, 2009: a date for a date

 

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Went to visit lawyers yesterday. They let me know we are expecting to get a date for the judge coming out with the ruling on Friday (tomorrow)... with the stipulation that there is also the chance that they will just set another date a couple weeks later to say whether or not they are ready to set a date.

 

My dreams have been good and there is nothing that cannot be danced with- I try not suppose one way or the other. I know the provincial court has been obviously indignant in the past. I know that regardless of all the things in my life that are not this 'right to sleep' campaign, it is supreme in my direction- I accept I will never have the semblance of a free life until there is justice and could, by nature, never be content with bowing down to what I know is corrupt (A.K.A. I am not able to do anything else but make sure this gets the attention and due consideration it deserves... A.K.A. if the barest minimum of rightness doesn't happen soon I'll make them arrest me, breaching a condition, telling the judge that this behaviour can be expected perpetually).

 

I'll keep it short as I, again, presume I will be writing one tomorrow some time with a date for something.

 

peace,

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Sun. Jan. 25th, 2009: nothing yet

 

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Lawyers haven't sent any new info. Don't know what the court had to say on Friday, if they said anything.

 

k-bye

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Mon. Jan. 26th, 2009: date for the date delayed

 

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If the judge doesn't come out with the ruling by THIS Friday (JAN. 30TH) we will be given a date that will be within two weeks (apparently)... and if there is no date within that two weeks, another date will be set in the same fashion... and so on, I presume. I do not know how long, officially, a Provincial Court judge can have a ruling in reserve and I do not know how to hold them accountable if they are playing bad criminal politics- beyond what I usually reserve as my front line move.

 

cheers,

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update: Wed. Jan. 28th, 2009: we won

 

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Got to court this morning after just checking my email saying the ruling was coming down 10 minutes before... I get there just as the judge is saying Tavis, Kristen and I are not guilty of having tents passed 7:00 AM. There is a good article in the VICNEWS (already) and I will reiterate a couple things here. (Camping activists not guilty of bylaw breach, court finds: http://www.bclocalnews.com/vancouver_island_south/victorianews/news/38549739.html )

 

Apparently, Mayor Dean Fortin is having a news conference at 2:00 (presumably at City Hall). As well, there is a Committee To End Homelessness meeting at 7:00 PM, just down the block at bit on Douglas at Silver Threads (nearer the end on the block), which might be busier than usual.

 

I was impressed with the judge making a point of saying "Whether David Arthur Johnston, Tavis Dodds and Kristen Woodruff are "homeless out of necessity or out of choice or lifestyle," had no bearing". Which, however horrifying to some, opens the 'option'.

 

The whole 'what do I do now' is paramount on my mind... I would like an apology and Centennial Square has the only 24/7 washroom in Victoria. I would like if the city sat down with a map. I would like a well advertised public forum to discuss where to go from here and the feasibility of areas where enjoying the liberty of survival can be legal. Everyone knows what's going on, it is only a question of whether or not viciousness and psychotic behaviour will remain in the public mind as an 'option'... will capitalism ever recognize its mortality and die gracefully or will it continue to flail and do as much damage as possible as it struggles to stay alive? We're really not supposed to be profiteering- look at any forest in Canada. Those checkered marks are clearcuts... I digress...

 

You are nature and you know it. You're free now, Victoria. City Council will make a new bylaw and when that happens it will be obvious whether or not that freedom will remain... a few spots with 24/7 toilets is all it could take.

 

Kristen is co-hosting an event "(along with Liz Redmond and Paula Johnson) that will celebrate and explore this "homeless rights" stuff---performances, a lecture & discussion, followed by a dance party. Doors open at 7p.m., show at 8 p.m. at the Victoria Event Centre (1415 Broad Street). There is a suggested donation of 25 dollars, for people with means, and people with little or no means are welcome to come enjoy the party for free. Drugs and alcohol are discouraged."

 

in joy and vigilance,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thurs. Jan. 29th, 2009: enough time to think

 

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Since the ruling yesterday morning I've been trying to locate the source of my apprehension... the reason the win does not feel like a win. Essentially, the whole thing is a giant steeping pile of horseshit. The judge, corrupt, gives his 'opinion' that the 7-7 thing could stand if it was an actual Bylaw and not a Bylaw Enforcement Policy. In effect, giving the city the ammo it thinks it needs to prolong this thing again. I presume they've taken into account that if they do just continue with not letting people sleep during the day that I'll be obliged to make issue- going to jail. Conjecting, they'll hope that I'll continue to play by signing an undertaking and waiting for another trial... I get the sense that they are hoping to get the thing put aside until the appeal or until the Olympics are over. The fact is this- it is criminally and psychopathically unreasonable to tell people they can't sleep during the day and experience suggests that is exactly what they are going to do.

 

How can it be put in their heads that the ruling does not need imply a tent-city. The basic of the legality here is that a 12 hour a day 'across the board' prohibition on the 'homeless' erecting temporary abodes is as unConstitutional as a 24 hour a day 'across the board' prohibition.

 

The city is already ordered to shell out a six figure payment and will potentially double that with the appeal- all in the name of preventing tent-cities. There ARE ways of adhering to the ruling and the Constitution without sanctioning tent-cities and I dearly hope that instead of taking the route of more ridiculous long legal battles and my own insistences that could land me in jail, potentially until I die, something can be 'come up with' that would benefit all parties and relieve the stress of conflict. (for example- a 24 hour time limit before the tent has to be taken down or only having tents as long as they're being slept in). Something creative CAN be figured out. We CAN get it over with and put it behind us so as to get on with all the other things in our lives that can be dealt with.

 

in greatest hope,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Fri. Jan. 30th, 2009: they made 7-7 a Bylaw

 

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So here we go again. In keeping the whole community in mind the City found that it is an acceptable compromise to not let homeless people sleep during the day.

 

City Hall meeting last night was interesting. The council gave respects and were very polite as they condemned an entire section of the population. Anyhoo... The Bylaw is worded exactly the same as the ex-Bylaw Enforcement Policy and is in effect until Daylight Savings Time when they've concluded they'll have to adjust the times to suit daylight hours. They have given a date (was it Feb. 15th or 16th?) to accept proposals about how the Bylaw could be amended to be more harmonious. I suggest a long list of options (from total freedom to total compromise) be given to the City to go over. The idea is to wow them out of their dependence on corruption.

 

In the meantime... I wonder if the 'Crown' will adjust its reasoning of dropping the last charges of violating the 7-7 rule. I believe they did mention that they could not defend it Constitutionally... they definitely did not say they couldn't prosecute because of a technicality... we'll find this out after I get arrested this afternoon. I'll start gathering the ingredients for constructing a 'temporary abode' I'm guessing around 12ish. 2:00, 4:00 at very latest, I will assert my right to have a 'temporary abode' after 7:00 AM and before 7:00 PM.

 

so, here's to you.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

For the city to win...

 

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In paragraph [199] of the Ross Ruling she states- "Furthermore, the state must justify the specific infringing measure, not simply the law as a whole. (See RJR-MacDonald, per McLachlin J., at paras. 143-44.)"

 

She (Judge Ross) specifically said the city isn't allowed to ignore the ruling in the 'best interests of' if there is no specific crime being committed. You really can't tell people they can't sleep during the day and the City is clearly guilty of contempt.

 

I'm off to find some cardboard or a tarp and head to Centennial Square...

 

alright.

 

David

 

 

not for lack of bravado, just off timing

 

-

 

not at Centennial Square and not in jail for a couple reasons. 1. apparently the Bylaw doesn't come into effect for 24 hours after its passed (or something like that) and 2. the weather is not conducive to my tarp. I'm gonna find out for sure when the Bylaw goes into effect, then go down. Tomorrow or the day after or Monday, I presume... unless it starts raining pianos.

 

cheers,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sat. Jan. 31st, 2009: what now?

 

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Should I just go set up everyday until the Bylaw goes into effect (which I've heard could be today or the rumor of Feb. 5th)? I know there is a moral responsibility to get arrested for having a 'temporary abode' after 7:00 AM, so as to call the Corporation of the City of Victoria on its crime...

 

in trusting my feet and in the blessing of understanding fate,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sun. Feb. 1st, 2009: a conjectured plan

 

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From what I've seen there is a city council meeting on Feb. 5th and, it seems, that is when the 'new' Bylaw will be put into effect. Barring a change of heart from the city or the equivalent of pianos falling from the sky I am intending to set up a 'temporary abode' at Centennial Square that night- THURSDAY, FEBRUARY 5TH, 2009. Then see what happens in the morning.

 

For the arrest to be legal the city will have to make evident to the court specifically what crime is being prevented by prohibiting tents between the hours of 7:00 AM and 7:00 PM. If they cannot do so then they will be in contravention of Section 1 of the Charter and in contempt of the BC Supreme Court 'right to shelter' ruling (Victoria City v. Adams,).

 

Have no doubt that ALL the spin-doctors are dusting off their gear and getting ready for the height of their game. Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thurs. Feb. 5th, 2009: illegal to sleep during the day

 

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Got to this morning's city hall meeting a little late. I was told that they already voted it through. I don't know if it instantly goes into effect or if there is a 24 hour thing or if there is some sort of 'public consultation' still pending. I hope to find out soon... mayhaps Keith Vass from VICNEWS ( http://vicnews.com ) will be posting something soon (he seems to really be on the job).

 

As it stands, I aim to assert my right to have a shelter during the day tomorrow morning, maybe staying at the tree at Centennial Square tonight, otherwise I will be there by 9:00 AM Friday morning with my rope and tarp. I'm sure I'll be consulting with folk throughout the day- what would YOU do if the entire city was guilty of contempt of a Supreme Court ruling? It is illegal to sleep during the day.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sunday, Feb. 8th, 2009: tripping out on the wireless

 

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David brought his laptop down and I'm using the computer in my cardboard house, here at Centennial Square. Constructed my 'temporary abode' Friday morning. David helped and we were both issued warning tickets. Saturday we were given an actual ticket (for having an abode) and I was suprised that we were not immediately arrested for Obstruction. This morning we were given another ticket, so it seems they are going to arrest again for having multple tickets- which I think is great because it still would mean that the 'Crown' will not prosecute the 7:00 - 7:00 Bylaw as a crime (the reason two previous charges were dropped and the reason the city began resorting to the multiple ticket arrest strategy).

 

I imagine they'll arrest tomorrow once 3 tickets have been collected... and we'll see if the judge will have the wherewithal to just throw it out... hard to say. The 'Crown' is going to make a scapegoat of the City and the City will do its best to find their scapegoats. Ya can't have an across the board prohibition on erecting temporary abodes, and EVERYONE is about to understand that.

 

in supreme truth,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, Feb. 10th, 2009: busting dams

 

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David and I were arrested yesterday morning for having multiple tickets. Everything went smoothly and for some reason we've secured a trial for this THURSDAY, FEBRUARY 12TH, at 9:30 AM in PROVINCIAL COURT, VICTORIA LAW COURTS, 850 BURDETT AVE.

 

The sentiment of my defense is thus-

 

The spirit of the BC Supreme Court ruling says that it is not Constitutional to have an across-the-board prohibition on homeless folk setting up temporary abodes. The city has adopted a Bylaw that has an across-the-board prohibition for 12 hours a day. The ruling and the Charter state that you're only allowed to have an arbitrary law that contravenes the Constitution if it is preventing a specific crime OR if there is a state of martial law. If the City cannot make evident what crime is being committed through having a temporary abode between the hours of 7:00 AM to 7:00 PM then the tickets and arrests are illegal and the City is in contempt of Justice Ross' ruling.

 

The City has had 'outs' and refused to take them. It moves towards humiliation depending on the 'old-boy' network to take care of it. Today they can claim 'political confusion'... the time for that option is getting shorter...

 

in the joy and invulnerability of truth

(when are the stars ever out of alignment?),

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sunday, March 1st, 2009: link to video update

 

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https://www.youtube.com/watch?v=owQbwzMysAQ

 

I love you all. Patience be with us.

 

 

St. Ann's update- March 5th, 2009: the sentence pending the appeal

 

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The warrant was erased. David was told he must pay his fines by May 1st (4 tickets at $85 each... which was interesting because the first ticket was a warning ticket... anyhoo...). I've been told to go to probation and complete 40 hours of community service by May 1st. I will commence with this until its done or until David and I appeal the conviction.

 

I don't know what is worse- being criminally sentenced for having a tent passed 7:00 AM or complying with the sentence. Is the DAJ dead? I don't know. I know all the stuff the DAJ knows and mayhaps will be haunted... maybe until my sanity makes me puke.

 

No excuses. I carry a shame.

 

Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, March 20th, 2009: GROUNDS FOR APPEAL

 

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Its been real. Broken wrist affects much. Forced to take it easy for long stretches... one small bone...

 

anyhoo. I'm filing an appeal, probably Tuesday or Wednesday next week. They'll take my application and we'll have a hearing in front of a BC Supreme Court Judge to see if its legit, then we can get a date for an appeal.

 

The following 'Grounds for Appeal' will go with it-

 

//////

GROUNDS FOR APPEAL

RE: THE CONVICTION OF DAVID ARTHUR JOHNSTON AND DAVID MICHAEL SHEBIB OF MULTIPLE ‘HAVING A TEMPORARY ABODE AFTER 7:00 AM’ BYLAW TICKETS

 

[1] Judge Blake’s findings and the circumstances leading to the trial suggest an already set prejudgment with bias.

 

[2] Evidence of that can be found in Judge Blake’s Reasons for Judgment half way down para. 7 where it states,

 

“Unfortunately, this afternoon I have chosen not to give myself the luxury of a lengthy period of reserve time for contemplation as Madam Justice Ross did in Adams,”.

 

The suggestion of Supreme Court Justice Ross acting frivolously denotes contempt from Judge Blake towards, in the least, Judge Ross herself if not her judgment in the R. v. Adams, case as well, or even the BC Supreme Court as a whole.

 

[3] In para. 10 of the Reasons Judge Blake suggests he is going to risk doing violence to the Adams judgment and continues in para. 13 to reword her finding to suggest the added stipulation that adherence to it (the Adams, ruling) was dependent on the number of shelter beds available. Justice Ross’ disposition in the Adams, case (para. 239, sections (a) and (b)) states that the original anti-tent Bylaw violated s. 7 of the Canadian Charter of Rights and Freedoms in that it deprived homeless people of life, liberty and security of the person in a manner not in accordance with the principles of fundamental justice, and was not saved by s. 1 of the Charter. The ruling explicitly concludes the Bylaw of no force and effect insofar and only insofar as it applies to prevent homeless people erecting temporary shelter, with no reference to ‘shelter beds’.

 

[4] When Judge Blake suggests in para. 36 of the Reasons that

 

“The weakness of the defendants' position, it seems to me, is the essential failure to recognize that in any community there must be accommodation, compromise.”

 

he is making a s. 1 claim that is not supported by the Principles of Fundamental Justice unless he can make evident, specifically, what crime is being committed by having a tent between the hours of 7:00 AM and 7:00 PM. The compromise asked is to accept a deprivation of life on a portion of the population in the name of ascetics, a mindset that is backed by a grand conspiracy with roots in the City, the Provincial Court (paras. 24-25 in the Reasons brings question to Judge Blake's fellow Provincial Court Judge, Judge Mackenzie, who, through giving his 'opinion' effectively gave ammo to potential further litigation and to the directing of public opinion) and the Crown. The conspiracy is made evident, simply, through the naïve assertion that it is alright to have an ‘across-the-board’ prohibition against sleeping, impliciter, during the day- a basic and clear affront to common sense AND a contempt of the Rule of Law and Madam Justice Ross’ ruling in-particular. The Crown is included, partly, because of Judge Blake’s admission at the end of para. 29 where he states,

 

“The Charter issue is already well known to the Crown, and this trial was deliberately set quickly with the Crown’s consent.”

 

[5] In para. 28 of the Reasons, Judge Blake states

 

“Strictly speaking, the decision the court is now required to make involves further consideration of s. 7 of the Charter of Rights.”

 

He did not further consider.

 

[6] In para. 34 Judge Blake states

 

“There is no evidence before me that there is an unavailability of indoor locations to sleep during the daytime.”

 

He is in err. The Ross ruling contains evidence from the Mayor's Taskforce (paras. 41-44 Adams) that says the number of homeless is over 1200 and the number of emergency shelter beds is less than 200 (closer to 300 with the extreme weather protocol), which suggests that the numbers of beds are the same or less during the day.

 

[7] In para. 30 of the Reasons Judge Blake further goes on to show his contempt of the defendants through presuming that

 

“It would be a triumph of form over substance to require the defendants to give notice of Charter application,…”.

 

Along with the misdirection of para. 9 where it claims I was making a Charter argument when I explained that the City was in contempt of Judge Ross’ ruling and they were not saved by s. 1 of the Charter. I suspect there is an attempt to divert this appeal into a Charter argument so as to 'tie it up'.

 

[8] It has always been agreed upon that the City has had many options in the managing of its public spaces that could still be in accordance with the BC Supreme Court ruling, that need even not lead to tent-cities, which seems to be the primary apprehension the City has about letting people have the right to erect shelters. The point is this- Justice Ross says in para. 237 of her ruling that

 

“the course that is most appropriate is to grant a declaration that the Bylaws are of no force and effect insofar as they apply to prevent homeless people from erecting temporary shelter.”

 

and the City, and now the Provincial Court, is adopting policy that PREVENTS HOMELESS PEOPLE FROM ERECTING TEMPORARY SHELTER during the day.

 

[9] Keeping in spirit with bringing forth the grounds for appeal I will not reargue the entire case here.

//////

 

alright. other than that things have been busy and nice.

 

love you all

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, March 24th, 2009: appeal registered

 

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A date will be fixed for the hearing, on an appeal by trial de novo (a 're-trial' with the BC Supreme Court instead of the Provincial Court), on APRIL 22, 2009 at 2:00 PM at the Victoria Law Courts, 850 Burdett Ave, Victoria, BC.

 

The 'GROUNDS FOR APPEAL' I sent out with the last update was modified slightly and can be viewed online at- https://www.angelfire.com/apes/hatrackman/appeal.htm

 

I guess the City's appeal of the Charter ruling happens in June. We'll see how these two affect each other.

 

much love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Saturday, March 28th, 2009: filing for transcripts

 

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Went to the courthouse and submitted a request for a hearing to see if I can get transcripts for free. The hearing happens at 2:00 PM, WEDNESDAY, APRIL 8TH, at the Victoria Law Courts.

 

I would rather not have to bother with wasting the courts time pretending the issue is about shelter beds, just having a re-trial, when the issue is about a criminal conspiracy to thwart the BC Supreme Court ruling. There might be a quirk with getting the transcripts to do this because there needs to be proof of ordering them within 14 days and the hearing to see about getting their cost waived is passed that. I hope the judge will see fit to allow just the 'basic' appeal. In the mean time I will file for a trial de novo, as doing that frees up the necessity of having the transcripts (though I would also believe them of great importance to it).

 

peace

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed., Apr. 8th, 2009: getting the transcripts

 

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Went to court today to see about getting the transcripts. Judge said no problem and that they'll be ordered come the first hearing of the appeal (2:00 PM on APRIL 22ND at THE VIC. LAW COURTS, BC SUPREME COURT), which , essentially, is the hearing that sets a date.

 

I guess David is appealing as well, and mayhaps our scheduling could be combined before the 1st hearing happens... if adjournments can be avoided then wonderful. I cannot condone an appeal by trial de novo, as it would be an abuse of process to act as if the City was not currently acting criminally, and everything needed to make that evident is contained in the Reasons for Judgement and the Notice of Appeal. Of course I would like the Adams ruling and the Journal of the Occupation of St. Ann's Academy to find their way in front of a Supreme Court tribunal... we'll just see about that.

 

Regarding the law that states that the Crown "can do no wrong", if that is so then I must be a facet of It working as an 'antibody' against those facets who let their ambition cloud their nobility.

 

Love truth and all is revealed.

 

Peace.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, April 21st, 2009: The Last Test

 

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This Supreme Court appeal thingy has been interesting- all the conjecture about everything- imagining what the Supreme Court will do with this damning evidence in front of it and the public looking to them with hope. Hope that this power exists to counter the influence profiteers can have on the directing of government policy. That IS what is going on here. There is a monopoly on survival and the Crown, for close to a thousand years, has reaped tribute from that. 'The Crown' being the thing that every Canadian (and Commonwealth) soldier has sworn an allegiance to.

 

So, is the City a Crown Corporation and subject to immunity from prosecution? For, as we all should know, legally and binding "the Crown can do no wrong". Is this card going to be played? There is a notion of 'peerage' where only a 'peer' of the Crown has the liberty to treat with the Crown as an equal, everyone else is a commoner. I am a peer of the Crown here, by God's grace, to cure it of its prideful delusion. Whether or not my expertise on the natures of motion and royalty will be recognized in court is unknown. We'll see if it has to come to that. Otherwise it should be straight forward- hold the city accountable for the trauma caused by prolonged tyrannical condemnation... maybe a Supreme Court 'sheriff' in every municipal tent city to guarantee City compliance in not hindering basic fundamental survival... there's a romantic notion there... anyhoo...

 

Fiat justitia ruat caelum ("Let justice be done, though the heavens fall."), or so they say.

 

I also found out that the rules of succession (the ones that say the eldest son becomes the next monarch) can be changed if the governments of the 18 Commonwealth countries all agree. What, about 6 months to put that together?... maybe it need not be necessary.

 

The last test for the lovers of truth is the consideration of fate. Cheers yo.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed., Apr. 22nd, 2009: quick

 

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Next hearing is set for May 27th at 2:00 PM. The City has gotten a month to determine whether or not the time set to file an appeal is within 30 days of the conviction or 30 days of the sentencing. Theoretically, they could have just turned around and asked the lady from the Supreme Court Registry, but I guess they couldn't have. If its the earlier (it isn't, unless lawyers and the lady at the registry are wrong) then David and I would be officially over the time limit given to give notice of appeal and our applications would be turned down.

 

If this attempt by the city doesn't succeed then the justice, presumably, will have the court order the transcripts and a date will be set to hear the appeal, de facto. David may or may not apply for a trial de novo or we'll just do a conventional appeal together.

 

The judge is aware it is a dire matter.

 

peace

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- May 9th, 2009: when all lies become obvious

 

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There will be a time, and I feel it soon, when consciously (or sub) all people will know the nature of how spirit moves which will make obvious all action that is not genuine. Sometimes they might not be able to put their fingers on it, though they will know something is up... patience is for this stuff.

 

There was some of this when David and I were talking with the City's lawyer, Troy DeSouza (sp?), after the last hearing. I believe Troy saw a bit of what I've seen and how I see; my ability to know spirits and therefore know what people and corporations will do in whatever situations. Mostly he saw that I was not a yokel and that the City really has no chance if their discontinuance attempt on May 27th doesn't work (which I don't think it will- instead it gives us another newspaper article about how the City, again, has failed to stop the process that will have the Supreme Court of BC scrutinizing and correcting it). They will try and convince a justice that David and I are acting frivolously in the technical side of having an appeal (which we are not). If that doesn't work for them the only other option the City has, as far as I can see, is relying on the law that says the Crown can "do no wrong". Then mayhaps we'll see what kind of process it is to apply to be recognized as a peer to the Crown (so as to have the right to call it on its use of royal perogative).

 

If that stuff doesn't work then its off to jail (or bound and gagged in the back of an unmarked van... or the equivalent of). We'll see. The City's appeal of the big Charter ruling happens on June 10th and 11th (or is it 9th and 10th?). When David and I are successful on May 27th we will have transcripts ordered and have a trial set for, probably, a couple/few weeks after we get them (couple months?). Not long after the Charter appeal. Maybe the Appeals Court will reserve its ruling and all this stuff can finish around the same time. I cannot imagine the City being successful in its appeal.

 

We have always said that we are not making a claim for 'positive obligation'. The interesting thing now is that, for as long as the City has had these policies in place they have exasperated the problem by making it so there is no place for tents to have their own zoning... so it will not be a positive obligation that will provide the space and basic amenities, it will be because the City has been made responsible for damages. It will include some creative 'equivalenting'.

 

The Crown has an opportunity here to reclaim a noble position in the eyes of the people. Surviving the tribulation would be made 'easier' if the Crown's infrastructure was all in and not under the suicidal delusion of profiteering.

 

peace and love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sunday, May 24th, 2009: 3 nights to go

 

-

 

Its another one of those moments. Wednesday at 2 at the courthouse I will find out if the appeal will continue. I expect it will. I also conjecture it not- so- one of those moments where I cannot see passed a certain time... my trust in patience put to its full professional practice.

 

Right now, there is a guaranteed 13 hour a day monopoly on sleep that exists within the Bylaws of The Corporation of the City of Victoria. The Bylaw is obviously in contempt of the recent BC Supreme Court ruling that affirmed having an across the board prohibition on homeless people erecting temporary abodes was an unconstitutional deprivation of life (amoung other things) and this appeal is the continuation of that process. Whether or not the City can convince the Supreme Court it should not 'waste its time' reading the 'Grounds for Appeal' I cannot say.

 

This is the hugest court case possible. period. The right thing is obvious and the hardest. The right thing is a message to profiteers that, really and truly, get on board the humble train or crumble; to make it impossible to profit off of necessity- in this case, sleep.

 

I imagine we'll get the transcripts ordered and set a date for the appeal proper. Maybe a couple months--- hard to say, I would like to think my romantic visions of the Supreme Court shining with the enduring light not so far fetched.

 

we'll see. I prepare and am prepared, always.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- got a letter from the City

 

-

 

Apparently the City is not going to pursue their discontinuance attempt. David and I are still scheduled to go in and deal with the transcripts and set a date.

 

I'll ponder what it means.

 

Patience be with us all.

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. May 27th, 2009: retrial set

 

-

 

It doesn't feel like a victory. The retrial is scheduled for the week of the 26th in October. They wanted to wait to see what happens with the City's appeal of the Charter ruling (which happens on June 10th and 11th and then, mayhaps and presumably, will have the ruling reserved for a month or two-ish).

 

Even if it means the fall of society it is not reasonable to depend on a deprivation of life on a portion of the population to sustain it. Zone or declare a state of emergency.

 

May we each be inspired to love truth. There is no honour in defeat.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thurs., June 11th, 2009: how to begin?

 

-

 

Patience is always an appropriate jumping board.

 

So, patience be with each of us.

 

3 Supreme Court judges. The City had four lawyers. We had ten. The most intimidating thing about this case is that it is so straight forward. The City said its ok for people to die of exposure if it means remaining economically pristine. It was brilliant and I'm still digesting all that has happened in the last two days. The judges reserved their ruling, as expected, not for longer than a couple months (I presume) or weeks (that would be nice). In the meantime I expect I'll resume my library duties. Divinely Casual 9-5 Mon. to Fri.

 

The most efficient way to deal with the force that brings the horrible ridiculousness of the Olympics is to deal with the monopolies on sleep in each of your cities (you can know how to do that by reading the Journal of the Occupation of St. Ann's- https://www.angelfire.com/apes/hatrackman/welcome.htm ). Are we going to let our frustration at being 'controlled' control us? Or are we going to do the actual thing that saves the world from this global retardation? Again, patience be with us.

 

cheers

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- supplimental: don't fret about the daytime prohibition

 

-

 

The hope of getting a separate Constitutional challenge on whether or not any increment of time (A.K.A. day sleeping) can hold an across-the-board prohibition on erecting temporary abodes is fundamentally delusional. People will think that is even crazier than they think I am. I'm applying to sever from the de novo. I'll give the Supreme Court a bit of time first- in a world of possibilities there exists the potential to not need an appeal at all.

 

Don't get too excited for Ottawa.

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- June 22nd, 2009: forthwith

 

-

 

The grand chasm before us. A 13 hour-a-day monopoly on sleep the last barrier before freedom is realized and the tribulation officially faced with mindfulness.

 

On one level, the Supreme Court of BC has the proverbial 'ball'. And, after the Ross ruling I presume more innocence out of it. So, was the Ross ruling a centerpiece in a hugely professional spin-doctoring scheme? To let the courts own the issue and tie it up until I can be subverted or die? Will they lightly chastise the city pretending that the 'no tents after 7:00' is another issue? Will they empathize and forgive our lack of boldness in not pursuing the '7:00' issue at the appeal (it is obvious we were caught in the glory of the Ross ruling and did not want to spoil it with more complication)? Will they go all they way? Will they do everything in their power, as Supreme Court justices and as just plain people, to see the ruling adhered to? Or are we all fucked? Doomed to be under the yolk of crazy people, doomed to be made crazy ourselves, as we watch the horror and pretend powerlessness?

 

Patience be with us. Hurry up and pass the moment of weirdness where you come to understand fate as normal. I did not choose to write this. You did not choose to read it.

 

david (sort of)

 

 

St. Ann's update- Tuesday, July 7th, 2009: the trick is mindfulness

 

-

 

Walked into town this morning and caught up with a friend of mine who reported being woken at 5:00 AM in Beacon Hill Park by park staff. He told them to fuck off and they called the police. I guess understandably, he did not feel like getting arrested so as to call them on their bullshit. This town is as disgraceful as it gets. Patience be with me as I edit what I just wrote (something about tourists going home). To not prepare for the death of the tourism industry is such a funny oversight that is going to have A LOT of people flailing when the time actually comes.

 

Soapy water in the ashtrays in the smoking section of the library courtyard. A janitor, so conditioned, that he uses a reacher grabby thing to remove the butts from the ashtray one at a time... what kind of craziness is that? Not to mention the signs condescendingly placed every 15 feet proclaiming the public access courtyard 'private property' with no loitering.

 

Is it true that for the City to appeal again that there has to be a dissenting Judge of the three (presuming they lose at all)?

 

"The heart of spiritual mastery is this: the ego self becoming the egoless self. In every martial and cultural art free expression of self is blocked by one's own ego. In the Way of swordmanship the student's mastery of stance and form must be so total that there is no opening (suki) for the opponent to enter. If an opening does occur, it is created by one's ego. One becomes vulnerable when one stops to think about winning, losing, taking advantage, impressing or disregarding the opponent. When the mind stops, even for a single instant, the body freezes, and free, fluid movement is lost." Sensai Kisshomaru Ueshiba

 

Trust that the 'egoless self' is love. Trust that the invocation of patience, as word or thought, opens the gate to the egoless self, allowing true grace. Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thurs., June 11th, 2009: how to begin?

 

-

 

Patience is always an appropriate jumping board.

 

So, patience be with each of us.

 

3 Supreme Court judges. The City had four lawyers. We had ten. The most intimidating thing about this case is that it is so straight forward. The City said its ok for people to die of exposure if it means remaining economically pristine. It was brilliant and I'm still digesting all that has happened in the last two days. The judges reserved their ruling, as expected, not for longer than a couple months (I presume) or weeks (that would be nice). In the meantime I expect I'll resume my library duties. Divinely Casual 9-5 Mon. to Fri.

 

The most efficient way to deal with the force that brings the horrible ridiculousness of the Olympics is to deal with the monopolies on sleep in each of your cities (you can know how to do that by reading the Journal of the Occupation of St. Ann's- https://www.angelfire.com/apes/hatrackman/welcome.htm ). Are we going to let our frustration at being 'controlled' control us? Or are we going to do the actual thing that saves the world from this global retardation? Again, patience be with us.

 

cheers

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed., July 29th, 2009: what energy I have left

 

-

 

The notion has occurred to me to set a date to get arrested and put in jail for longer than I can't eat. Measuring my energy, and the systematic depletion of it, I cannot survive indefinitely without a home... and I do not get any semblance of getting my own life until this 'fundamental corruption of profiteering off of necessity' is dealt with... however old or deep it goes, so I am intrinsically connected to this town, never being able to go further than I can walk back; never being able to lay roots... and if you want to question why I do not use money, due consideration would have you analyze pride for what it is (and that is the moment you 'save the world').

 

The judges know their duty and mayhaps will rescue me.

 

Two weeks? In two weeks set up a 'temporary abode' in Centennial Square? Breaking the Bylaw and breaching whatever conditions I signed (which may have been 'stayed', incidentally)? ... I think 2 weeks is gloriously generous.

 

Wednesday, the 12th of August?

 

Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. Aug. 12th, 2009: this is the day

 

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I'm going to get arrested today and wait in jail until people (mayor and friends) start getting arrested for conspiracy to thwart a BC Supreme Court ruling. Some may want to presume a lack of patience on my part for not waiting, conventionally, for the Supreme Court justices to come back from deliberating on the City's appeal of the 'tent' ruling. It is not so. I've no other energy left but for this... and if I am to die then it would be best if it was in jail for having a tent passed 7:00 AM.

 

You don't get to have a deprivation of life in a government policy unless it has a state of martial law to back it up. So what is more 'cost effective' for this insane little tourist town?... Declaring a state of emergency or accepting a new variable in the social structure, namely, little plots of freedom where people can provide for themselves the necessities of life. The problem with having freedom is that a lot of profiteers have grown used to people being forced to pay to live- apparently the times really are a'chang'n.

 

Truly, anyone who thinks people make choices is not fit to judge me.

 

Viva la freedom. Viva la tentcity. Patience be with each of our egos.

 

this ego,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thurs. Aug. 13th, 2009: CSO time served... they're making me work for it

 

-

 

I was given a Conditional Sentence Order and 1 day in jail (time served).

 

strange dreams- brought a beautiful girl back from the dead and she wouldn't kiss me. talking to puppies and horses but they didn't talk to each other. most of my teeth were gone except front four which were rotting and black. was jealous of Brad Pitt for getting the 'life'.

 

am I going right back and getting arrested again? I told the judge that I was waiting for the Supreme Court judges to get back and charge the city and a couple of his fellow Provincial Court judges with conspiracy. He said that would never happen.

 

The 3 appeal judges do have all the info in front of them. They have my 'Grounds for Appeal' ( https://www.angelfire.com/apes/hatrackman/appeal.htm ) which lays out the contemptuous behaviour of the City (and its friends). If they come back without taking it into account then I predict it will be a 2-1 with the City losing the appeal but with the option of taking it to the Supreme Court of Canada. If they do take it into account then all three will agree and there will be an order to the City to cease and desist its illegal behaviour.

 

Am I going back right now? I've always known it could be this way. A repeat of when this whole thing started. getting arrested. getting a weak sentence. getting out then having to repeat until i get a sentence that is longer than I can eat. They rely a lot upon the mind-fucking. All I need to remember is that I do not get my own life until this is taken care of and I can never have the freedom of my own life while this horrible system thinks it can force people to pay for the necessities of life.

 

Of course I just want to disappear and put all this behind me... I can't. So I'm potentially as fucked as a person can get. Some could tell themselves that all I have to do is 'choose' to start using money again... they really have no clue. Patience be with me.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Fri. Aug. 14th, 2009: returning Sunday or Monday

 

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so as to avoid spending the weekend waiting for first appearance. I imagine the Provincial Court, in its indignancy, corruption and castratedness, will again avoid handing down anything like a 60 or 90 day sentence. Instead opting for the incremental growth of the length of sentencing (1 day, 4 days, 10 days, 20 days, etc...) which they think increases their opportunity to have me 'change' my mind or die somewhere that isn't jail. Of course it is a job that requires the endurance of angels and so there is always hoping the 'breath before the plunge' is as long as possible. So, I'll enjoy these next couple of days the best I can and trust the spirit will be the same after every stint (in my experience this is exactly the way it works).

 

It has occurred to me that there may be an attempt to order me to undergo a 'psychiatric evaluation'. In any event, up until the point where fate is declared as false and I am declared insane, I will be signing a non-resuscitation order and not be eating where ever I am held in custody.

 

I've also been thinking about potential rulings from the Appeal's Court justices. If they fail to love justice and go the route of ignoring the City's Contempt, then do I continue as the people around me start getting excited about going to Ottawa; orchestrating a sentence where the only survival could be by being saved by the Crown? Of course I presume innocence the best I can... I also know arresting politicians and judges is very heavy work.

 

In the meantime, I trust all things are progressing exactly as they should- our own angst only an indication of the freedom we feel from the future.

 

in peace,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sat., Aug. 22nd, 2009: is that my kidneys?

 

-

 

just got out. arrested Monday. Given a week sentence. lots of crazy dreams. Preparing to get arrested again on Monday.

 

ok. so, I guess somebody lost the last court file from David's and mine appeal (145835-1). the one that says if we were to be arrested again for it that we were supposed to go in front of the BC Supreme Court judge that granted us the appeal. This tells me that there might be people the City does not want to know what's happening. Regardless... Was in front of Mackenzie on Tuesday- (he's named in my grounds for appeal as a corrupt Provincial judge). I'm wondering if it is possible to starve to death in jail (for having a tent passed 7:00 AM) and not have the Supreme Court aware at all?...

 

I'm hurting. The next sentence will likely be 2 weeks (10 days). I will be seriously hurting after that. I cannot think of anything better than dieing in jail for having a tent passed 7:00 AM.

 

love you all... pretty sure this isn't just bravado anymore.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Mon., Aug. 24th, 2009: maybe Tuesday

 

-

 

Messing around at the Supreme Court registry this morning. Will take a few moments. Depending on results, I'm aiming to resume the process of dieing in jail for having a temporary abode passed 7:00 AM- which would mean probably about 3-3:30ish Tuesday afternoon under the tree at Centenn.

 

Of course, will update if otherwise.

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, Aug. 25th, 2009: let's try for that psychiatric evaluation

 

-

 

I'm the king.

 

I am king, de facto, blessed with the ease of understanding fate. Knowing there is no 'do' I just be the thing that I am... that you are. In understanding fate I know the, entirety, of belief in choice is delusional and can see humility... that is, the honesty of not knowing vs. the lie of pretending to know.

 

Am I acting? Due consideration has it that you can't pass me off as delusional until you imagine how I might be right. Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, Aug. 27th, 2009: on my way with a tent

 

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Friend kicked down a tent he found. 1:47 now. Gonna aim for not much after 3ish.

 

I'll ask for time before pleading so I can apply to have the matter moved to Supreme Court, if not, just to have it attached to the original 'after 7:00 AM tent bylaws' file which is being appealed. The two reasons being, the direct relation this case has with the file that is already appealing the reasons for this current file of arrests, and there are two Provincial Court judges named in the Grounds for Appeal ( https://www.angelfire.com/apes/hatrackman/appeal.htm ), as criminal, and this opens speculation of bias. Especially providing that the last judge to convict me was one of the named judges, and the preceding one snappily decrying the impossibility of BC Provincial Court judges to be corrupt.

 

We'll see how the process goes.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, Aug. 28th, 2009: out for now

 

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Signed a UTA to return on Sept. 18th. The idea being to talk to the Supreme Court and attempt to have this (these) file(s) moved to Supreme Court. The City has now made multiple files for this same stuff, it seems all with the intention of avoiding long terms in jail for me and to keep it mundane enough to avoid Supreme Court scrutiny.

 

Never doubt that the stars are never out of alignment.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sat., Aug. 29th, 2009: recourse

 

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REASONS TO TRANSFER FILE 1201:148095-1 TO SUPREME COURT

 

 

[1] On AUGUST 12TH, 2009, I was arrested for breaching Judge Blake's condition given to me, to not erect a temporary abode between the hours of 7:00 AM and 7:00 PM (File No: 145835-1) which had a new file started for it (File No: 148013). I plead guilty and was sentenced to 1 day in jail.

 

[2] On AUGUST 17TH, 2009, I was, again, arrested for breaching Judge Blake's condition, plead guilty and was sentenced to 1 week in jail (File No: 148024-1).

 

[3] On AUGUST 27TH, I was arrested for having multiple 'no tents between 7:00 AM and 7:00PM' Bylaw tickets (File No: 1201:148095-1) and signed a UTA before pleading. It is this file I would have moved to Supreme Court as it is being mismanaged by the City, and the Provincial Court's bias towards me is 'legitimizing' the City's behaviour and making a fair trial impossible.

 

HISTORY

 

[4] I've had an intimate relationship with the City, police and the Provincial Court since early 2004 when I started challenging the Bylaws that, de facto, guarantee a monopoly on sleep, here in Victoria, BC, Canada (see The Journal of the Occupation of St. Ann's Academy- https://www.angelfire.com/apes/hatrackman/welcome.htm ). This has been a dramatic campaign that has garnered high public exposure. It would be rare to find someone in Victoria, let alone at the courthouse, who has not heard of me and this 'right to sleep' endeavour. I've been convicted by many, if not most, of the Provincial Court judges in the Victoria Law Courts, always for the matter of justice, and testify that rarely have they been free of indignation.

 

[5] This process lead to myself and David Micheal Shebib getting arrested on FEBRUARY 9TH, 2009, and going to trial 3 days later on FEBRUARY 12TH, 2009. We were convicted and are subsequently appealing the matter (File No: 145835-1) which is to proceed in the week of OCTOBER 26TH, 2009 (which will likely be adjourned if the Appeal's Court is still deliberating on the City's appeal of the Adams, ruling). My GROUNDS FOR APPEAL (see- https://www.angelfire.com/apes/hatrackman/appeal.htm ) also gives evidence to a conspiracy to abuse process by two Provincial Court judges, one of whom convicted me on AUGUST 17TH, 2009, opening speculation of bias.

 

[6] In the meantime, my life has it as such that I do not have the energy to do anything other than wait in jail until the deliberation (of the Adams, appeal)comes down and corrects the great wrong being perpetrated by the City and Provincial Court. It is 'cruel and unusual' to force me to endure incrementally increasing sentences when the proper course is to sentence me to the length of time that Judge Blake had sentenced me to probation. As it stands, 'process' is being abused so much so that I cannot have anything above minimally mundane sentences on files far from Supreme Court purview.

 

... it will look something like that... imagine I'll go in on Monday and hope to be taken seriously. The thing with patience is that it ALWAYS avails the next recourse... this is the root of invulnerability. Patience be with us.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Aug. 31st, 2009: Supreme Court hearing

 

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At 2:00 PM on WEDNESDAY, SEPTEMBER 9TH, 2009, I will go in front of a Supreme Court Justice and give reasons why this current file should be transfered from Provincial Court to Supreme Court.

 

This is the official REASONS attached to the application-

 

======

 

REASONS TO TRANSFER FILE 1201:148095-1 TO SUPREME COURT

 

 

[1] On AUGUST 12TH, 2009, I was arrested for breaching Judge Blake's condition given to me, to not erect a temporary abode between the hours of 7:00 AM and 7:00 PM (File No: 145835-1). It had a new file started for it (File No: 148013). I plead guilty and was sentenced to 1 day in jail.

 

[2] On AUGUST 17TH, 2009, I was, again, arrested for breaching Judge Blake's condition, plead guilty and was sentenced to 1 week in jail (File No: 148024-1).

 

[3] On AUGUST 27TH, instead of the breach I was arrested for having multiple 'no tents between 7:00 AM and 7:00PM' Bylaw tickets (File No: 1201:148095-1) and signed a UTA before pleading. It is this file I would have moved to Supreme Court as it is being mismanaged by the City, and the Provincial Court's bias towards me is 'legitimizing' the City's behaviour and making a fair trial impossible.

 

HISTORY

 

[4] I've had an intimate relationship with the City, police and the Provincial Court since early 2004 when I started challenging the Bylaws that, de facto, guarantee a monopoly on sleep, here in Victoria, BC, Canada (see The Journal of the Occupation of St. Ann's Academy- https://www.angelfire.com/apes/hatrackman/welcome.htm ). This has been a dramatic campaign that has garnered high public exposure. It would be rare to find someone in Victoria, let alone at the courthouse, who has not heard of me and this 'right to sleep' endeavour. I've been convicted by many, if not most, of the Provincial Court judges in the Victoria Law Courts, always for the matter of justice, and testify that rarely have they been free of indignation.

 

[5] This process lead to myself and David Micheal Shebib getting arrested for collection of multiple ‘no tents after 7:00 AM’ Bylaw tickets on FEBRUARY 9TH, 2009, going to trial and being convicted 3 days later on FEBRUARY 12TH, 2009. This is the matter being appealed (File No: 145835-1) and is to proceed in the week of OCTOBER 26TH, 2009 (which will likely be adjourned if the Appeal's Court is still deliberating on the City's appeal of the Adams, ruling). My GROUNDS FOR APPEAL (see- https://www.angelfire.com/apes/hatrackman/appeal.htm ) also gives evidence to a conspiracy to abuse process by two Provincial Court judges, one of whom convicted me on AUGUST 17TH, 2009, opening speculation of bias.

 

[6] The appropriate course is to sentence me to the length of time that Judge Blake had sentenced me to probation. The City is guilty of unlawful arrest and confinement or is guilty of abusing process.

 

======

 

In the meantime I'll enjoy not being in jail.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- 09/09/09: Supreme Court Hearing Today at 2:00

 

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much conjecture.

 

Of course its very cold water. To validate me with an act of justice that will see the Provincial Court scrutinized for bias and conspiracy and the City found guilty of abuse of process or unlawful arrest, confinement and abuse of process? An act that will legitimize my Grounds for Appeal and see Mayor and council losing their jobs because they got caught attempting to thwart the Supreme Court ruling? An act that will strike the 7:00 AM to 7:00 PM 'no tents' Bylaw and make way for zones open to temporary shelters?

 

The City always tries to come up with a surprise... a delay?... a request for me to be ordered to have a psychological evaluation? That one is interesting. I believe that is usually for 45 days and I'm pretty sure I cannot fast for that long... I will be signing a non-resuscitation order and presume they can't ignore it until they declare me crazy, which apparently takes 45 days...

 

... or maybe success? Maybe the judge will see grounds for moving the file and I'll walk away today with another date to deal with the matter fully... its all hard to say.

 

The 'Crown' has their 'out' with admittance months ago that they could not prosecute an 'Obstruction' charge stemming from the 7-7 Bylaw. So... If a 'Crown' corporation is found guilty will the Crown step in and use its 'Royal Prerogative'? Hard to say... that would be very interesting. They, then, had better find me crazy lest my claim of peerage be taken seriously, which, then, could counter the use of royal prerogative.

 

the arrest list- Provincial Court Judge Blake, Provincial Court Judge Mackenzie, Mayor of Victoria Dean Fortin, Victoria City Councilor Sonya Chandler, Victoria City Councilor Chris Coleman, Victoria City Councilor Lynn Hunter, Victoria City Councilor Philippe Lucas, Victoria City Councilor John Luton, Victoria City Councillor Pamela Madoff, Victoria City Councillor Charlayne Thornton-Joe, and Victoria City Councillor Geoff Young. I presume, as well, that the City's lawyer in this matter will also be fired.

 

anyhoo... it will be exactly what it will and not anything else. I have little concern beforehand of what I'll say and trust in my ability to dance. One only need look out the window to see the horror that needs correction- There is no freedom.

 

in the genuine invulnerability of patience,

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- 9/9/9 supplemental

 

-

 

judge wanted an affidavit to accompany the request and adjourned the hearing- to be re-scheduled probably within the next week and a halfish.

 

affidavit should be fun to put together--- wondering if any with means and opportunity could help me out with use of a printer (and maybe a copier)... maybe 10 pages x 4. I will copy it out by hand if I have to... I hope I don't have to.

 

cheers. that's it for now.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Fri. Sept. 11th, 2009: the week of Oct. 13th

 

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Put together an affidavit. Essentially the same as the application to transfer with the addition of two exhibits and the names of the two guilty judges. This goes in front of the Supreme Court the week of OCTOBER 13TH, 2009. here it is (the 'police and courts encounters' list is an excellent summary of the 'right to sleep' campaign)-

 

[1] I am the petitioner in this proceeding and as such have personal knowledge of the matters and facts deposed to, save where stated to be on information and belief and where so stated I verily believe the same to be true.

 

[2] On AUGUST 27TH, 2009, I was arrested for having multiple 'no tents between 7:00 AM and 7:00PM' Bylaw tickets (File No: 1201:148095-1) and signed a UTA before pleading. This file should be moved to Supreme Court as it is being mismanaged by the City, and the Provincial Court's bias towards me is 'legitimizing' the City's behaviour and making a fair trial impossible.

 

MISMANAGEMENT BY THE CITY

 

[3] On AUGUST 12TH, 2009, I was arrested for breaching Judge Blake's condition given to me on MARCH 5TH, 2009, to not erect a temporary abode between the hours of 7:00 AM and 7:00 PM (File No: 145835-1). It had a new file started for it (File No: 148013). I plead guilty and was sentenced to 1 day in jail.

 

[4] On AUGUST 17TH, 2009, I was, again, arrested for breaching Judge Blake's condition, plead guilty and was sentenced to 1 week in jail (File No: 148024-1).

 

[5] When the police responded on AUGUST 27TH, 2009, to arrest me for having a tent passed 7:00 AM they charged me, again, for breaching Judge Blake’s condition. I was taken to cells for processing and was informed that the charge had been changed from the breach to the collection of multiple ‘no tents between the hours of 7:00 AM and 7:00 PM’ Bylaw tickets. The same charge that I had, earlier this year, been found guilty of and am subsequently appealing (page #1 of the Exhibits, Notice of Appeal). This suggests to me that either the condition I was breaching did not exist, making the City guilty of unlawful arrest and confinement, or that the City is guilty of abuse of process by ignoring the proper course of continuing with the breach charge.

 

PROVINCIAL COURT BIAS

 

[6] I've had an intimate relationship with the City, police and the Provincial Court since early 2004 when I started challenging the Bylaws that, de facto, guarantee a monopoly on sleep, here in Victoria, BC, Canada (page #6 of the Exhibits, ‘police and courts encounter’ list- https://www.angelfire.com/apes/hatrackman/encounters.htm ). This has been a dramatic campaign that has garnered high public exposure. It would be rare to find someone in Victoria, let alone at the courthouse, who has not heard of me and this 'right to sleep' endeavour. I've been convicted by many, if not most, of the Provincial Court judges in the Victoria Law Courts, always for the matter of justice, and testify that rarely have they been free of indignation.

 

[7] More specifically, my GROUNDS FOR APPEAL (page #4 of the Exhibits- https://www.angelfire.com/apes/hatrackman/appeal.htm ) gives evidence to a conspiracy to thwart a BC Supreme Court ruling and names Provincial Court Judges Blake and Mackenzie. It was Judge Mackenzie who convicted me of the breach on AUGUST 17TH, 2009, opening speculation of bias.

 

[8] The appropriate course, at this stage, is for the BC Supreme Court to handle any and all continuing litigation in this matter and to launch an investigation into the allegation of criminal conspiracy.

 

//////

 

yup... in the meanwhile I'll continue to conserve energy as best I can.

 

It is presumed that the appeal will be adjourned until after the Appeal's court gets back with the City's appeal.

 

cheers and peace,

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. Oct. 14th, 2009: out for the moment

 

-

 

hey all.

 

I got arrested for breaching an undertaking to not set up a tent on Monday, Sept. 21st, 2009 and just got out a couple hours ago. Fasted 23 days. Kept a journal of my dreams which will eventually be found at https://www.angelfire.com/apes/hatrackman/dreams2.htm .

 

Have my Supreme Court hearing to have the file transfered from Provincial Court to Supreme at 2:00 today. If the Justice does not agree with my view I am set to martyr myself by starving to death in jail, already having 23 days- minus a couple days- under my belt. Hard to say what will happen. My case is solid and now just depends on how the City will play technicalities.

 

I love you all and will get to all these emails within the next couple of days.

 

much love.

 

in knowing there is no duality and all parties work towards the same future,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, October 15th, 2009

 

-

 

what can I say? I'm very high in the spirit, moving very slowing.

 

the only way I can presume innocence of the Supreme Court is to assume that they just don't want the City to know that there is an investigation underway. How long I can put up with that nonsense, I do not know. I do know reading the 'Journal of the Occupation of St. Ann's Academy' ( https://www.angelfire.com/apes/hatrackman/welcome.htm ... four hours to read-ish) is enough to know everything that is needed to know about this 'right to sleep' thing; this 'ending the monopoly on sleep and avoiding the hell of martial law' thing, for any judge or lawyer who would find themselves associated, to find the justice in the matter.

 

I digress. I am digesting a beautiful bowl of Red River, wondering... go for convictions or breaches of undertakings? Convictions might be lame at first cause it seems I had some deadtime so not a big one at least not right away...

 

alright. got a couple things I'm gonna check out. much love.

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

Hatrackman@Gmail.com

 

 

St. Ann's update- Wed. Oct. 21st, 2009: new application

 

-

 

This was just filed with the Supreme Court registry and will go in front of a Justice WEDNESDAY, OCTOBER 28TH, 2009 at 2:00 PM.

 

APPLICATION BY DAVID ARTHUR JOHNSTON AND  DAVID MICHEAL SHEBIB TO CHANGE AN APPEAL BY TRIAL DE NOVO TO A CONVENTIONAL APPEAL, DEFACTO

 

[1] On Wednesday, May 27th, 2009, David Micheal Shebib and myself, David Arthur Johnston, were granted an appeal, by trial de novo, of convictions of having temporary abodes during a time when they are prohibited (see File No: 145835-1).

 

[2] I had been applying for a conventional appeal and twice was told the transcripts could be ordered through the courts, as I’ve a ‘vow of poverty’ and cannot afford them.

 

[3] Before securing the appeal, David Shebib also applied, yet for a trial de novo, and the presiding judge at the hearing acquiesced to Shebib’s application, citing that I would still be able to argue what I had intended for the conventional appeal and would not have to worry about having transcripts ordered.

 

[4] Shebib’s reasoning for the de novo application was to set about entering new evidence that would show that there was no available day time shelter beds.

 

[5] On Wednesday, October 14th, 2009, at an adjournment hearing, the City’s lawyer told us that the City does not contend with the fact that there is no daytime shelter beds, nullifying David’s necessity for the appeal by trial de novo.

 

[6] It would be appropriate for the Supreme Court to redesignate the appeal away from the trial de novo as there is no longer need for the entering of new evidence, while there continues to be sufficient evidence to grant an appeal using the Reasons and the Grounds.

 

[7] The appeal by trial de novo is scheduled for mid-January 2010, and seemingly is destined to be adjourned perpetually until the Appeal’s Court comes out with its ruling on the City’s appeal of the Adams’ ruling. Redesignating the appeal removes the question of Constitutionality that prompted this scheduling as it is about bias, corruption, and a conspiracy to subvert a BC Supreme Court ruling, not, necessarily, about the new amended Bylaw that is near the heart of this matter.

 

[8] The ruling can then be held in reserve, if need be, until after the City’s appeal.

 

Until then,

 

cheers,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Oct. 26th, 2009: schedule

 

-

 

The trial for the multiple Bylaw ticket collection + the breach (which apparently isn't a breach, but another Bylaw offence) is scheduled for MONDAY, JANUARY 4TH, 2010 at 9:30 AM in courtroom #104 Victoria Law Courts.

 

The hearing on Wed, Oct. 28th, for the application to adjust the appeal by trial de novo to a conventional appeal will be adjourned to Nov. 4th.

 

I recover slowly from the fasting. All things (less a just Appeal's Court ruling) are second best to starving to death in jail for having a tent at a prohibited time.

 

divine fuckery... God's a drama junky.

 

love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thurs., Oct. 29th, 2009: a week's adjournment

 

-

 

had gotten a letter from Troy, the City's lawyer, a couple days previous saying he wouldn't be able to make yesterday's scheduled appearance. So we set it ahead to WEDNESDAY, NOVEMBER 4TH, 2009. 2:00 PM at the VICTORIA LAW COURTS, 850 Burdett... (the hearing to see about changing the type of appeal).

 

It also seems that David is going to subtract himself from the case... apparently the law is bullshit and the courts have no power to administer justice.

 

k-love y'all

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. Nov. 4th, 2009: City's lawyer called in sick

 

-

 

Adjourned until WEDNESDAY, NOVEMBER 25TH, at 2:00 PM in the Victoria Law Courts.

 

Had the thought today that all important court cases are going to be indefinately delayed because of H1N1... we'll see.

 

k

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- supplemental

 

-

 

I'm quite attached to this thing. This 'not letting injustice maintain credibility regarding this no-tenting court stuff' thing.

 

In the end, without question, I will be living in a sanctioned tent-city/shanty town or I will be dead by the hands of those afraid of the cost of freedom... so, ultimately, I do not despair, knowing the impossibility of being directed to accept the lie.

 

This body grows fatigued. The impossibility of living a conventional life always a consideration. My singular responsibility determining the parameters of all 'extra-curricular' activities. Never being able to go further than I can walk back in time for the next event. For all extensive purposes, I'm married to this town, too smart to use money and always in support of my friends enjoying the height of what it is to have nervous breakdowns... when you figure out why pride is a sin you become smarter than every one who thinks it a virtue...

 

It is funny that the more enmeshed in the knowledge of 'all' being singular the more ostrisization happens... the growing pains of angels.

 

patience be with us all

 

 

St. Ann's update- Monday, Nov. 23rd, 2009: predicting arrest tomorrow

 

-

 

The Supreme Court justices that heard the City's appeal of the Adams' ruling have revealed their criminal collusion in their failure to act expediently. They have had all the information for over 5 months now, so the real question is "what is the appropriate recourse when the highest court proves itself corrupt?" To starve to death in jail, of course.

 

Tomorrow (TUESDAY, NOVEMBER 24TH, 2009), around 3:00 PM, I will be erecting a temporary abode in Centennial Square and, presumably, getting arrested for breaching an Undertaking to Appear. I, again presuming, will have first appearance the next day and be held in custody until the trial which is scheduled for January 4th.

 

As well as first appearance, I've a hearing with the Supreme Court to see about changing the type of appeal that David and I have scheduled from our arrests early this year- a chance to, again, touch the spirit of the Supreme Court with this most serious file--- the end of the Canadian monopoly on sleep and every industry that depends on it. That is for 2:00 PM.

 

The fun part of this strange can't-lose scenario is that even if I've missed something and the Supreme Court actually has more regard for truth that the Crown, will there be indignancy aimed at me and my actions? Will my actions defeat any possibility of finding justice in this matter? Well... it really comes to this- You don't deserve the right to sleep during the night if you wouldn't give your life for the right to sleep during the day, and any judge that would use my actions as an excuse to protect the monopoly on sleep is a piece of shit anyway and wouldn't have done the right thing in the first place.

 

So, I'll see some of you tomorrow and some of you the day after.

 

Justice is mine.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thurs. December 24th, 2009: the 'Right to Shelter' appeal and the Christmas feast in Valhalla

 

-

 

I'm just out as of 4 hours ago after doing 30 days in jail, fasting, for having a tent during the day. Just perused the new 'appeal ruling'. The 'night time thing' stinks of 'laced'-justice. It is the only thing I've been thinking about the last couple weeks sitting in Observation for health watch. 23 hours a day with your thoughts... which partially had to do with Jesus' birthday supper and how Gandhi was partial to wieners and beans on baked potatoes and Louis Riel was into perogies and sauerkraut...

 

I will write more concisely in a couple days.

 

love you all

 

david

 

Victoria, BC, Canada

 

 

A Letter, Then, Regarding the Future of the 'Right to Shelter' Appeal

 

-

 

It comes down to a single question- Why are the Appeal's Court Justice's leaving the 'determining of whether or not a government has a right to regulate any set amount of time with an across-the-board prohibition against the potential of having to provide one's self with a life sustaining act, (without first having a 'demonstrous' s. 1 claim or the Crown unwielding Its 'Royal Purogative' to back it up), within,said, prohibition', up to me and my friend, David Shebib, when they, themselves, were informed of the City's Constitutionally bereft Bylaw, at the appeal?

 

On Wednesday, October 14th, 2009, at an adjournment hearing for our upcoming appeal (of convictions of collecting multiple 'no tents after 7AM Bylaw), the City’s lawyer, Troy DeSouza, told us that the City does not contend with the fact that there is no daytime shelter beds, at all. A 'learning curve' traveled after the trial, since at the time they claimed naivety. The number of 'daytime shelters', of course, being redundant, as the mutually agreed to studies showed the number of 'homeless' out-numbering the amount of shelter beds (by four, or five, times) all the time, regardless of day or night. It can be conferred that some in this number would be 'best served' with the ability to erect a 'temporary abode' during time when the majority are awake, or, at least, the potential of it, suffices...

 

As well as a City introduced affidavit that says the Provincial Court Registry has also lost Judge Blake's Order signing off on the convictions... what does that mean, anyway? What do they need an order for.... we seem to be able to continue having a appeal, regardless... what happens if I would apply to change the Order?

 

Is Ottawa too much of a stretch? I'll take it either way. I know I can't agree with what the Appeal's Court came up with. I'll still continue appealing on either arena. I've concern about our responsibility to take it Ottawa being daunted by anything. And I've concern of a new Charter Challenge being turned down in the BC Supreme Court "because 'haven't we been down this road before?... you had your chance, already, Mr. Johnston, now take your amateur and frivolous political-clowning out of my courtroom!"... then everyone can blame me and my bad lawyering for screwing-up the last chance humanity had to remember that we can get along without ever forgetting that you are never not home.

 

I also have a separate trial of the same charge as the previous trial on Jan. 4th. I would sign a legal aid thing for a bit of assistance in the 'knowing loss is eminent/preparation for the expected application to appeal that would invariable follow... or maybe seeing about getting the trial itself adjourned until after the first appeal... if that even happens at all because there's been fuckery, technical or otherwise. Is it true that legal aid won't help in appeals?

 

I'm to present an affidavit explaining why I cannot buy the transcripts (for the 1st appeal, which is to set a date on Jan. 13th) so that they must be ordered by the Court's command, by someone else... whoever is 'guaranteeing' financial equality within the justice system, I presume. Would any of the lawyer-types getting this letter possible send me a blank affidavit form in .doc format as an attachment.

 

Part of the original Reasons to Appeal included a City in Contempt of The Adams' ruling. That has changed slightly, though now this must head directly to a Charter argument and no longer the question of criminal collusion... at least not for the moment.

 

I hope to talk to Cathie and/or Irene on Monday. I've sent this to as many of the interveners,  as I could find.

 

It would be a good idea to have a meeting of the nine named defendants. To have a chance to access the, again, the hugeness of this thing and our responsibilities as people who've taken a principled stand. Where is that stand at? Natalie, Yann, Amber,

Alymanda, Conrad, Sebastien, Simon, and  Heather. Cathie. Irene. What do you guys think of that?

 

Anyhoo... what would you do with $75,000.00 worth of non-refundable gift cards to any merchant who would have gift cards that you would use.

 

alright. I'm tired.

 

There! Now that's an update.

 

much love and Merry Christmas.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sat. Jan. 2nd, 2010: a couple notes

 

-

 

a couple things. My friend had some other friends film my release from jail, on Dec. 24th. Its sorta cool. I would make one correction on it- they say I spent a hundred or so days in jail in the last 10 years... I may have said months but they presumed years... I don't know. Anyhoo, I did a rough tally that came out to 257 nights in jail since the spring of 2004. Including the drives out of city limits and excluding all the stuff with security guards and the like. It can be watched at- https://www.youtube.com/watch?v=QH3r7araNlE

 

Secondly, I've written a letter to all Canadians and I hope that each of you will forward it like old ladies passing on chain letters.

 

Dear Canadians,

 

My name is David Arthur Johnston. My friend, David Shebib, and I, two people easily made fun of and passed off as annoyingly whimsical, seem to be beset with a crazy adventure that will affect you all, and beyond.

 

Recently, October 14th, 2008, to be precise, in Victoria, BC, Canada, BC Supreme Court Justice Carol Ross found it to be unlawful to have an across-the-board prohibition on homeless people erecting 'temporary abodes', as it was found, under expert testimony, sleep is a necessity of life. Being as such, for the City to legally be able to deny people this right they would have to get a special paper from the government that has the words 'section 1' on it (most times when they're writing it they just put 's. 1'... which I'll do as well) and what that means is 'In the best interest of  Canada' civil liberties can be suspended.

 

The City appealed, and lost, with some benefit- they had since late 2008 been enforcing Bylaws that denied people the right to sleep during the day in crappy weather, and the Appellant Court ruled that people have the right to sleep at night. Leaving my friend David's, and mine, subsequent coming appeal (of convictions of collecting multiple 'no-tents between 7 and 7' Bylaw tickets) to be the litigating that will determine if any Canadian has the right to, conscientiously, provide for themselves, shelter, so that they may sustain their life, during the day.

 

What we have here is an infrastructure of industry that really does not like the idea of losing the last few hours guaranteeing a monopoly on sleep, in the guise of a manufactured horror of tent-cities.

 

What the City and government need to do is have a valid s. 1 claim (or have the Crown utilize its 'Royal Purogative') if they want to be doing what they are doing, otherwise, any policy denying, outright, for any moment where the potential for the need to sleep to arise exists, is Constitutionally unlawful. Just as murder is a criminal act 24/7, so is the psychotic indignance of forcing an entire nation to have to pay to dream...

 

and they leave it to David and me. One more weird than erratic, the other more erratic than weird. We are really tired and cannot have any other life until this is resolved.

 

Our appeal is coming up. We set a date for it on January 13th. Please forward this letter like you're a naive old lady sending out lucky chain-mails.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

Hatrackman@Gmail.com

 

\\\\\\\\\\

 

alright.

 

Much love... oh ya, and I got a trial on Monday. for the other multiple 'no-tents' charge... doubt I'll be going to jail... wouldn't be surprised to see it adjourned, though even if I'm found guilty I'm still going to appeal... that that appeal would most likely be scheduled after David's and mine thing... I digress...

 

k

 

peace and the ease of patience,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Jan. 4th, 2010: adjournment and nonsense

 

-

 

Had today's trial adjourned to set a date on MONDAY, MARCH 29TH, 2010 at 9:00 in courtroom #103.

 

Was looking at the Appellant Court disposition on the main 'right to shelter' case. What a load of horrendous crap. It really really needs to be appealed to the Supreme Court of Canada because to content ourselves with (from para. 160)-

 

"There has been disagreement as to whether “temporary” refers to the nature of the shelter’s construction, or to the length of time that it is able to remain in place.  The evidence in this case was directed at the need for homeless persons to erect temporary overnight shelter, in order to be able to sleep outside.  The declaration granted should, therefore, refer to “temporary overnight shelter” rather than simply to “temporary shelter”.  This should clarify the intention that the City is required to allow shelters to remain in place only for the overnight period."

 

and (from para. 166b)-

 

"Sections 14(1)(d) and 16(1) of the Parks Regulation Bylaw No. 07-059 are inoperative insofar and only insofar as they apply to prevent homeless people from erecting temporary overnight shelter in parks when the number of homeless people exceeds the number of available shelter beds in the City of Victoria."

 

is morally and criminally negligent.

 

David and I need a big fancy lawyer and/or I need a big fancy lawyer to appeal this BC Appeal's Court ruling to the Supreme Court of Canada because, as it stands anyone in Canada who cannot afford to sleep during the day, especially in crappy weather, cannot lawfully do so, lest they have predetermined opportunity. And not furthering the litigation passed the Appeal's Court of BC is to acquiesce with the horrible nonsense. Having any other litigation end up blaming the defendants if they didn't have the wherewithal to take this matter to the highest court... because people want to pretend there was already an acceptable victory (the 'acceptable victory' being the admissibility of expert testimony that says that, not only, is sleep a necessity of life, the basic requirement for sleep is shelter from the elements).

 

Now, can it be presumed that right now, or sometime in the future, to sustain life someone will have to sleep during the day? The City of Victoria officially does not contend with the fact that there is nowhere to sleep during the day (no emergency shelters open that allow sleep), so that shouldn't be a problem.

 

HELP! Seriously! There is a need here. A massive need. For good pro bono lawyers with access to an office. HELP! For Christ's sake and in the name of all that is holy and right. For the gov't to do what is being done they need a court to say they have 'section 1.' allowance (so as to legally intrude on civil liberties). Until that time this anti-day-time-sleeping Bylaw is unlawful and is challengeable, with much reward at success, or at least, the ability to say that avenue has been tried at failure.

 

cheers

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

Regarding the 'Right to Shelter' Appeal

 

(originally a letter hoped to get printed in the Martlet RE: the City's appeal of the Adams' ruling)

 

-

 

It remains unlawful, for those who cannot afford it, to sleep during the day.

 

To call the outcome of this appeal a victory is ludicrous. So far, the only victory is the admission of expert testimony that asserts the need for basic shelter as a condition of getting sleep, so as to avoid exposure from dew or blizzard... and, as well, I guess, the City has removed its 'loitering' prohibition in parks which now allows people to sleep under a tree without a 'temporary abode', which they could not do up until 2007.

 

Our lawyers do not contest the BC Appeals Court disposition that changed the original ruling, which stated that it was not Constitutional to prevent homeless people from supplying themselves with shelter, to being not Constitutional to prevent homeless people from supplying themselves with shelter during the night.

 

The lawyers cite cost and a presumption of failure as the reason they do not feel inclined to appeal to the Supreme Court of Canada to assert the right, for people who cannot afford it, to sleep during the day.

 

Now, here is where it starts to get interesting.

 

I feel it is very important to file for Leave to Appeal to the Supreme Court of Canada. Even if it is futile it is an avenue that should be taken, so, at least, we can say we tried. Truly, the denial of civil liberties requires a section 1. allowance (rooted in the same legislation that allows for martial law... an 'In the best interest of Canada' scenario), or, at the very least, an assertion of the Crown's 'Royal Prerogative' (have no doubt that, legally, the Queen is an all-powerful political player in this Constitutional Monarchy we call Canada).

 

So, is the right to erect shelter during the day, for those who cannot afford it, a 'civil liberty'? And, are there any lawyers, or law students, who would be willing to assist on a case that will either lead to tentcities/shantytowns becoming common in our social fabric, or be the meat of the legislation that will see the creation of internment camps? Its gotta be pro bono (oh ya, I'm what people in the biz call 'weird' as I've a 'vow of poverty' and can only use stamps and photocopiers that others provide).

 

We got the night. We've made a dent and now the last few hours that guarantee the monopoly on sleep are being guarded, viciously, by professional spin-doctor psychopaths that have billions of dollars supporting them.

 

We have until February 5th or 6th to file. I can get other defendants to get on board. If you've any interest, at all, we should talk- this is the biggest and most important court case in Canadian history... the case that will determine if we are allowed to live for free (what's that word some people use??... oh ya... FREEDOM).

 

Fiat justitia ruat caelum. "Let justice be done, though the heavens fall."

 

in a layman's expertise,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, Jan. 14th, 2009: s'up?

 

-

 

Here we are. Here we go.

 

I've until the 27th of this month to find a point, or points, of law that would give a judge authority to order someone else to pay a private firm for transcripts... or find an example of where the need for transcripts for an appeal was waived... or to get the City to sign on to an 'Agreed Statement of Facts', which is interesting because why would they sign one if they knew the case would be dropped outright if I cannot find the means to get transcripts.

 

Do, I, myself, have to get a section 1. allowance to get an expropriation order in an 'Best interest of Canada' thing?

 

Do I have only the Supremacy of God clause in the Charter? How does one exactly make evident that God approves? Can I call God as a witness?

 

Is this where they think I can be cut off and leave the situation as it stands? Will my 'vow of poverty' make it so a denial of civil liberty cannot be challenged?

 

All these questions, and more, will be answered at the hearing on WEDNESDAY, JANUARY 27TH, 2009 in the Supreme Court at the Vic. Law Courts.

 

Any mindful person knows I cannot be made content with the daytime no-sleeping thing. I'll die for it, if it comes to that.

 

... also still open to pro bono help for OPERATION: OTTAWA.

 

k

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Jan. 25th, 2010: just...

 

-

 

The hearing to finalize getting the transcripts has been rescheduled from Wednesday, Jan. 27th, 2010, to WEDNESDAY, FEBRUARY 3RD, 2010, at 2:00 PM in the Vic. Law Courts. Shebib is still in court on the 27th for his arrest last month.

 

I continue to be strangely contented with the 'last resort' that I've always had. It is funny that if I die in jail many of the horrible people will act as if it is my fault for not challenging the Bylaw more professionally. It is funny because it is the mentality that would have a murderer blame the victim for not fighting back hard enough...

 

anyhoo, I feel it is very likely that I'm going to be put in a position where I've only the one recourse and that I will genuinely and actually be killed... was thinking about it last night... I feel that a lot of people don't want to support this process because they don't want others to think they are following me. When I'm dead they will finally not have to worry about being perceived as joining the 'cult of DAJ'... so, eventually, it is a win, even if I'm not around. At least I get to enjoy playing hero in the meanwhile.

 

k-much love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

This is a 'statement of facts' I've put together with the hopes that the City will agree, making the appeal process a bit more simple. I do not know if they'll feel like it as, if they do not sign that they agree, the appeal may be left to the private firm transcript company holding the key to furthering justice. The genuine 'privatizing' of justice... if ya can't afford it, then its your fault for being 'poor' and justice will not come through the courts... I digress...

 

 

Statement of facts.

 

-

 

[1] On Monday, the 9th of February, 2009, David Arthur Johnston and David Michael Shebib were arrested for collection of multiple ‘no temporary shelter during the day’ Bylaw tickets.

 

[2] On the following Thursday, February 12th, after a half day trial, Provincial Court Judge, Blake, found that both were guilty and reserved sentencing until March 5th, 2009.

 

[3] On March 5th, David Shebib was ordered to pay his fines and given a condition to abide by the City’s restriction on erecting temporary abodes during the day. David Johnston, because of his ‘vow of poverty’, was given an order to complete 40 hours of community service, probation, and the same condition to abide by the City’s Bylaw.

 

[4] An application to appeal was submitted on March 24th, 2009.

 

[5] Wednesday, May 27th, 2009, Mr. Shebib and Mr. Johnston were granted leave to appeal, in the form of a trial de novo to allow appellant, David Shebib, to enter evidence of lack of daytime shelter beds within the City.

 

[6] On Wednesday, October 14th, 2009, at an adjournment hearing, the City’s lawyer admitted that the City does not contend with the fact that there is no daytime shelter beds.

 

[7] On November 25th, an application to re-designate the appeal from a trial de novo to conventional, as there was no longer need for additional evidence, was granted, the City agreeing to provide an affidavit confirming the lack of daytime shelter beds.

 

[8] On January 13th, 2010, the appeal was scheduled for early April, pending Mr. Johnston’s application to either forego the necessity for transcripts or have their fees waived, which is heard on Wednesday, January 27th, 2010.

 

[9] David Arthur Johnston and David Michael Shebib presume the ability to, conscientiously, provide one’s self with shelter enough to sleep, during the day, a civil liberty and, as such, to lawfully deny it would require a section 1 allowance or a utilization of the Crown’s Royal Prerogative.

 

[10] There is no s. 1 allowance and the Crown has given no notification that they’ve utilized their Royal Prerogative.

 

[11] The City presumes allowing the liberty to sleep during the night enough to placate the s. 7 deprivation of a perpetual ban.

 

 

St. Ann's update- Friday, Jan. 29th, 2010: The City...

 

-

 

Got an email yesterday from the City's lawyer with a pdf attached of their rough draft of a statement of facts. I'll attach it to this as well. Basically, it is a blatant and all out lie stating that there are two shelters in town (Streetlink and the Salvation Army) that have 10ish shelter beds open 24 hours a day. I presume they did this knowing full well that David and I could not sign off on it, leading to the difficulty of getting transcripts and potentially blocking the appeal.

 

I can imagine that Streetlink and the Sally Ann  backing the City on this as they stand to lose a significant amount of business if people are recognized as having the right to provide their own shelter for free (instead of having to pay the maximum welfare allows, $525ish, for a cot in a dorm with more than a dozen other men). Essentially, don't believe the hype- the Sally Ann is a 'for profit' corporation that IS on the front line of the poverty war... its just the other side from the righteous soldiers. The right thing, in this case, is to recognize the right to sleep for free and just deal with the consequences, however severe, of the economic calamity of no longer being able to depend on a monopoly on sleep.

 

We still go in next week on WEDNESDAY, FEBRUARY 3RD, 2010, at 2:00 PM in the Supreme Court at the Victoria Law Courts to try to get this litigation to proceed. If we fail then no Canadian, who cannot afford it otherwise, has the right to sleep in a municipality during the day... and I'll be dead in jail with a bunch of retarded politicians and taxpayers pretending like its not their fault. Woo hoo.

 

Then you'll get some 'compassionate' high-level Constitutional pro bono lawyer working at the behest of some 'anti-poverty' law firm to ignore the rights we should already have and try to initiate a 'NATIONAL HOUSING STRATEGY' to help the government to continue to own the issue... and people will get all gushy and naysay anyone who points out that a national housing strategy is the shittiest way to go.

 

That's the way of it, as far as I can see.

 

much love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

PS: a text of the PDF-

 

No.: 145835-1

Victoria Registry

 

IN THE SUPREME COURT OF BRITISH COLUMBIA

 

BETWEEN:

DAVID ARTHUR JOHNSTON and

DAVID MICHAEL SHEBIB

 

APPELLANTS

 

AND:

 

THE CORPORATION OF THE CITY OF VICTORIA

 

RESPONDENT

 

DRAFT STATEMENT OF FACTS – PRELIMINARY

AND NOT AGREED UPON

 

 

1. Streetlink has 10 to 12 cots in the main area that are available during the day.

 

2. The Salvation Army has 21 beds that are accessible 24 hours a day.

 

3. There are no other official sleeping spaces available at the other drop-in centres during the day.

 

 

St. Ann's update- Thursday, Feb. 4th, 2010: another 3 weeks

 

-

 

The judge denied me the transcripts and has scheduled the appeal to be stayed, lest transcripts can come through other means, on WEDNESDAY, FEBRUARY 24TH, 2010, by 3:45ish PM.

 

Being denied the right to appeal, I would presume an appeal impossible for the second charge and would rely on the last recourse... which, of course, is starving in jail... probably on the day or the day after.

 

much love... 3 weeks...

 

the whole of the universe feels you, always.

 

me,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Feb. 22nd, 2010: appeal proceeds as scheduled

 

-

 

David just got the transcripts and I took the receipt to the Registry. The appeal remains scheduled for 10:00 AM, TUESDAY, APRIL 6TH, 2010. The City's lawyer will now present us with their affidavit that shows there are daytime emergency shelter beds. We will have an affidavit showing otherwise (especially during the time of the arrest). An argument will be put together and distributed.

 

We will be arguing the right to sleep during the day a 'civil liberty' and therefore would need a section 1. allowance, or sanction by Royal Prerogative, to be lawfully denied.

 

I've an appointment with the Law Center scheduled for March 1st, though we'll see if I'm eligible for their help. We remain open to pro bono assistance.

 

cheers,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

If I Had 6 Billion Dollars...

 

-

 

If I had 6 billion dollars I would cash it, cut out the serial numbers (and destroy them), cut up each bill into at least 10 pieces then litter the streets with the confetti.

 

Tent-cities do not need funding at all. Government/municipalities act like money is needed because they want a measure of control. The real issue with the coming of the new social phenomenon of the right to sleep without being taxed is the breaking of the monopoly on sleep that has plagued our country since its inception.

 

We're talking big things, people. Some would argue that ending the enforcement of anti-sleeping laws will catalyze total economic collapse- the truth is tent-cities will not cause the end of civilization, but be the exact thing that will see us survive through it.

 

If sleeping for free means money becoming useless and mass starvations, then Oh Well. We don't have the right to be slaves and a fear of dieing is a cowardly excuse--- our children's lives are not worth Hell.

 

David Arthur Johnston (named defendant on the Adams ruling and currently appealing a conviction of having a 'temporary abode' during the day)

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, March 17th, 2010

 

-

 

So, things continue.

 

David was effed over by A Channel while hanging out at the blockade near Crofton. Its been fun. Enjoyably serious about holding accountable the attempted destruction of a man.

 

The A Channel footage is here- https://www.youtube.com/watch?v=HMMcdfqt0vM

 

David has yet to get his footage of events uploaded, though it was this footage that David gave to CHEK that they broadcast a day or two previous. Maybe A Channel was 'killing two birds with one stone'- trumping CHEK and fostering their relationship with the City by defaming an activist... hard to say...

 

Not long after, a friend put together this video (Who the Hell is David Shebib?)- https://www.youtube.com/watch?v=v3QTbSWXpZY&feature=PlayList&p=AFC820D39C411F94&index=79

 

In other news, The APRIL 6TH appeal date will probably be adjourned. I would guess for at least another month...

 

k-much love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tues, Mar. 23, 2010: a development

 

-

 

The transcripts arrived. Transcripts for sentencing, not the transcripts from trial. I don't know if this is going to lead to the appeal being dropped or if the court will have compassion for the mistake of having the wrong ones ordered. David did not do it on purpose- he would not spend $140 unnecessarily. Now we find the true cost of the transcripts is going to be $500. David is going to do his best to raise it by April 6th (the day we were going in anyway to have the appeal adjourned... now with this transcript debacle the adjournment will be twice as long... that is, if the case isn't dropped outright)... he's a bit stressed, working his ass off to barely scrape by.

 

I've still the second trial of the same thing coming up (it has been adjourned to happen after this first appeal)... so that may be a saving grace if things don't work out here. I did have a dream where I was in jail again...

 

in other news- A really beautiful example of how order is maintained here in Victoria- https://www.youtube.com/watch?v=mnwi6wO03As

 

Was thinking about the City's lawyer, Troy, and the general reasoning why professional people (ex. cops and lawyers) do the things they do... I think it goes back to the zen of the samurai- where ones responsibility to the cosmos was fulfilled by following orders perfectly. Removing the job of being accountable for one's actions, except for the often looked-over responsibility of the samurai which is to find a noble lord whom to give their allegiance. You really think there's some nobility in city council, Troy?

 

cheers,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, Mar. 29th, 2010: for note's sake

 

-

 

My other court things have had their 'fix a date' dates moved to April 14th at 10:00 AM.

 

Still scheduled to set a new date for the appeal on APRIL 6TH. If people want to help they can call David Shebib's cell phone at 250-818-1992.

 

Its illegal to sleep during the day. Tent-city pretty much cures every insanity.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tues. April 6th, 2010: JULY 19TH at 10:00 AM

 

-

 

Had a look at a couple of the City's affidavits- one from Streetlink and one from the Salvation Army. Both proclaiming the daytime beds (20ish for one 10ish for the other and exclusive), yet failing to mention that the policy change took place after the arrests (which may be why we still wait for the City to do its own affidavit... which we should expect within a couple weeks)... which is all entirely nonsensical and a misdirection from the City in the first place... so neither here nor there as far as this will affect the outcome (I love being a ninja)... I digress.

 

The APPEAL FOR CONVICTIONS OF HAVING A TEMPORARY ABODE DURING THE DAY is scheduled for MONDAY, JULY 19TH at 10:00 AM at the VICTORIA LAW COURTS.

 

Proper transcripts will arrive in less than 3 weeksish. The 'team' (I need to find a cooler thing to say than 'that group of student lawyers') has been impressive and insightful.

 

So, next official thing is the go to court next Wed. to adjourn that trial until after the appeal.

 

I'm feeling almost professional--- lets just get this thing done before the contrived earthquake hits and martial law comes and stuff... of course I'm just joking... really...

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. April 14th, 2010: date for secondary trial

 

-

 

The date for the other 'tents during the day' trial is set for SEPTEMBER 2ND at 2:00 PM. Of course, pending the results from the appeal which could make it moot.

 

On a side note- it seems Vancouver has decreased their homeless population by half- people staying in emergency shelters can no longer be considered homeless.

 

You still think you get your own life apart from saving the world? Silly child. Love truth, even if it means the resentment of grandparents everywhere.

 

Love truth, even if it means you must die tomorrow.

 

Love truth, even if it means you'll never get to see your kids again.

 

Love truth, even if it means inviting the 'devil' to do its worst.

 

Otherwise, the stagnancy of dishonour will repel happiness.

 

peace

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, April 30th, 2010: "...and lo, transcripts appeared."

 

-

 

We got the transcripts this morning. Happy about that. Now a bit of a blast of professionalism in talking to the team, starting a rough draft of an argument, seeing if the City is even going to put in its own affidavit or just rely on the two from the emergency shelter places, seeing about how their affidavits will be responded to... and dealing with whatever else crops up.

 

The Gulf of Mexico just died. Remember- FRIENDS DON'T LET FRIENDS BE PSYCHOTIC FUCKHEADS.

 

Patience be with us all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, May 21st, 2010: more journal, less update

 

-

 

So... there's been adventures both personal and professional.

 

I stole Shebib's bike after an extensive mid-process exorcism of one of his friends, which happens to have a big hate-on for me and this particular other friend. Without authority of his new place being mine I could not effect any policy of maintaining peace, which left the authority to David to do something about this woman who will go very far to cease the 'usurping' of David by me and this other friend. The coffee poured on the head or the grappling match on the floor where I attempted to wrestle my shoe back (in retrospect I would rather have let her have the shoe and left the scene barefoot... and I would rather not have said, in electronic communication later, that she was a deranged cunt (forgetting, for a moment, that she is NOT possessed by evil and that, in fact, it is just a condition of insanity that may have had lifetimes to evolve... though terms like 'demon' and 'possession' describe well what's going on here... what's really happening is she's just caught in a trap of laziness, fear and greed and pretending to be crazy to get what she wants... which seems to be to make the other people in that house crazy and disrupt any honest attempt to be efficiently creative...).

 

so its lead to me and david not hanging out so much. I'll probably give the bike back because I don't like having to always watch over it.

 

The court stuff is pretty interesting- I don't see how we could be successful or fail. Maybe I really will be made to disappear before July 19th.

 

k-much love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, May 26th, 2010: looking for testimony

 

-

 

Had a good meeting with 'law students'. Everything has to be submitted by June 19th (30 days before the appeal). Will probably put together an argument, though its not necessary, as I'm not represented by a lawyer.

 

The Notice of Constitutional Question (a thing to be sent to the provincial and federal attourney generals to see if they would want to act as intervieners) needs to be submitted 2 weeks before the appeal- we will attempt to get those in as soon as possible.

 

The usual- the City acts as if the maintenance of a daytime sleeping prohibition is reasonable and I'll show otherwise. I've experts and easy counters to the City's affidavits claiming the availability of 'daytime emergency shelter beds'.

 

What could be helpful is testimony as to the enforcement of the 7-7 Bylaw. If you know of anyone who's been on the nasty end of being woken up 'too' early or been inconvenienced in any way regarding the 7:00 AM to 7:00 PM anti-sleeping policy I'd like to talk to them (within the next 10 days or so). Politically, it would be better if said people were not hard core crackers.

 

We need not 'take over the parks'. It is within the City's authority to zones for tents- they could even have 24/7 police surveillance cameras- that would be a separate battle if need be.

 

So, MONDAY, JULY 19TH, 2010 at 10:00 AM at the Victoria Law Courts, the right to sleep during the day (or, more, the right to have a monopoly on sleep) will be argued. Presumably the judge will then reserve their ruling for (typically) a couple months. The fact that it is about to become illegal to smoke tobacco in public spaces in Vancouver in September may have a part to play in all this as well...

 

If you find people with 7-7 enforcement experience send them my way (email- Hatrackman@Gmail.com or downtown library in the mornings).

 

cheers,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. June 9th, 2010: my affidavit

 

-

 

Maybe is still a rough draft... I'm gonna mull it for a couple days. All the paperwork has to be in by next Friday at the very latest. Everything continues to progress perfectly.

 

David- if you have anything to add (regarding daytime) I could add it or you could put together your own affidavit.

 

alrighty- have good days. Here is the affidavit-

 

Affidavit of David Arthur Johnston

(regarding the ‘right to sleep during the day’ appeal. File No: 145835-1)

 

-

 

My name is David Arthur Johnston and I attest the testimony herein is true.

 

[1] On THURSDAY, FEBRUARY 5TH, 2009, I and my co-appellant, DAVID SHEBIB, began a campaign to have the Corporation of the City of Victoria corrected in its interpretation and application of the recently found Adams ruling. A Bylaw, officiated that day, restricting the, newly Constitutionally-held, right for homeless people to erect temporary abodes, to only serve nighttime hours.

 

[2] On each of the following four days we were issued Bylaw tickets for violating the 'no tents during the day' Bylaw. Getting arrested after the fourth one on MONDAY, FEBRUARY 9TH, 2009.

 

[3] We were convicted of the offense on FEBRUARY 12TH, 2009. Sentenced on March 5th, 2009.

 

[4] On MARCH 24TH, 2009, David Shebib and myself, both applied to appeal. Him, by trial de novo and myself, conventionally.

 

[5] On MAY 27TH, 2009, a Judge granted the de novo so David could enter new evidence specifically regarding the daytime shelter conditions and I was told I would still be able to argue Contempt.

 

[6] On OCTOBER 14th, 2009, the City’s lawyer admitted the City did not contest the absence of emergency shelter beds during the day. Subsequently, on NOVEMBER 25TH, 2009, this appeal was redesignated as a conventional appeal with the added allowance of submitting any new evidence regarding daytime shelter. The City, then, again changed its position, getting affidavits suggesting the existence of emergency shelter beds during the day.

 

[7] On DECEMBER 9TH, 2009, the Appeal's Court of BC ruled on the City's appeal of the Adams ruling, finding “no legal basis to overturn the original conclusion”, excepting the inclusion, at the City's and its interveners behest, that the ruling was only determined for nighttime erection of temporary abodes. Leaving the right to erect temporary abodes during daytime to be determined separately.  Forcing an alteration from the primary argument in my original Notice to Appeal (that the City was in Contempt of the BC Supreme Court ruling) to a Charter Challenge to determine if government can lawfully restrict the erection of temporary abodes, for those who’ve not the means or opportunities to secure it otherwise, to sleep during daylight hours, sans a section 1 exemption.

 

[8] There is no more intimidating issue to have before the judiciary. To recognize the right to sleep conscientiously on government owned public access properties effectively breaks the monopoly on sleep that has guaranteed Crown control since the inception of Canada itself. Many Canadians, seeing for the first time, their right to sleep for free, will experiment with that option, potentially exasperating the housing market mortally.

 

[9] So, the question being asked here is- Is it in the best interest of Canada to maintain the housing market at the cost of depriving those, without means or opportunity to provide for themselves otherwise, the efficiency of having the right to, conscientiously, erect temporary abodes freely, at any hour?

 

[10] Given Court agreement with this appeal, it would remain the City’s prerogative to manage its public spaces within Constitutional parameters. There’ve been many proposals with the idea of placating the City’s fears. Codes of Conduct, 24/7 police cameras, many locations of small groups, one place big enough for all the different routines to have their own corners, 48 hour limits, option of private residences applying for tent-zoning if they would guarantee basic management, etc… With ‘zones’ the City’s parks could remain tent-free.

 

[11] The creation of ‘tent-zones’ need not be a ‘positive obligation’. It has been through the restrictions and policies of the City that has had the issue ‘put off’, as land that would have been appropriate for ‘tent-zones’ has been developed for profit. Any provision of assistance from the City could be viewed as remedy.

 

[12] It would also behoove the City to assist in a national ‘awareness raising’ campaign so as to let all those who exist in poverty they have the right wherever they are in Canada and need not over-whelm the first City to sanction public tenting.

 

[13] I want to be compensated for my temporary abode (if repayment is in the original construction material of cardboard it need come with labourers) and a genuine and supremely public apology from mayor and council.

 

k-much love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed., June 23rd, 2010: Shebib, Shebib, Shebib.

 

-

 

So, its all in. My argument for the 'right to sleep during the day' appeal can be found at- https://www.angelfire.com/apes/hatrackman/myargument.htm .

 

David threw me a loop by, in the last hours before final submissions were to be entered, applying to sever (to have his own trial) and then having his own trial redesignated as a de novo again. Best scenario is that he just felt he wasn't having enough of a say. It is not like he has a better argument, or that he had shown any interest in getting the evidence required to rebuke the City's insistence of the existence of daytime shelter beds during the time of the arrest. Silly scenario that keeps amusing itself in my mind is that there is a conscious attempt to tie this up and he's a 'bad' guy... there have been signs of thoughtless inaction- hopefully just a sign of personal psychiatric conditioning and not that he's actively betraying the cause.

 

He hasn't let me in on his reasoning, only spitefully inviting me to 'come over and hang out' at his place, which is impossible as his other 'friend' who lives there makes my being there untenable (the attack on the stairs, the punch in the chest, the coffee poured on the head, the strewn obscenities) and I've no authority to do anything about it and David pretends like its not his problem--- suggesting, instead, that my inability to hang out over there is my fault for not being able to take the constant attack of this woman (who is a very refined and objective example of 'demonic possession'- be careful calling demons demons, as they will start pretending like they aren't just a condition born out of old trauma).

 

anyhoo, my friend has seems to be going his own path- of course it is hard and ridiculous, that it is necessary to, genuinely, put one's life on the line for a cause. Especially when we just want the freedom to nap.

 

much love everyone.

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, July 5th, 2010: an interesting 'heads up'

 

-

 

I've it on authority that the anti-tent Bylaw that prohibits tenting "in a playground, sports field, footpath, a road within a park, Bastion Square, or any area within a park that has been designated for an event or activity under a valid and subsisting permit issued under the authority of this Bylaw.” is going to be amended to include Harris Green.

 

It is a madhouse down there. People caught in the trap of 'fuck the world' expending all their energy to get their vice as they perform a prolonged suicide. Playing the game of 'jailhouse market rules'. And maybe for a moment are afforded the joy of being able to be free enough to sleep. Now, they'll scatter again, back to doorways and parks they've already been moved along from. Having whatever security of sleep stolen from them, along with the hope that government could be good, subsequently not having their hearts and minds won.

 

Tent-city will be more together than the mess at Harris Green could ever be. They will have their corner, or their site, and all the things that they do that have laws against them, already have laws against them. Periodio. Commercial businesses need licenses to operate in this municipality, do they not?

 

They, too, will, no doubt, be interested in a notion of 'tent-zones'. Hopefully, if their understanding of how tent-cities save the world is lacking, they will still prefer to not invite heat and spare me the trouble of having to enforce the rule of niceness (which is the one thing I've ever been trained for).

 

in noting,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wed. July 7th, 2010: appeal goes ahead on July 19th

 

-

 

In the great concern leading up to David's (Shebib) application to sever and change the type of appeal, which was unsuccessful, I had put together this question just in case I was required to respond on record-

 

"So, the question before the Appeal's Court is 'If the city could house all the homeless but one, would they have the right to deny that one person the right to, conscientiously, provide his, or her, own shelter so as to survive, during the day, sans a section 1 exemption?' That being the question, if it is agreed that there are more homeless people than emergency shelter beds then adjourning this appeal to find out more exacting numbers would be redundant and, subsequently, damaging, as there is a deprivation of life and liberty being imposed on the people by the naively unreasonable municipal Bylaw right now."

 

As it stands, it was agreed upon that David could talk to the judge at the appeal if he had a problem. I am relieved, as I'm more convinced that David's apprehension is based more in the fact that to finish this job one must be absolutely ready to starve to death in jail. I would not be adverse to him dropping from the appeal, but that, too, is something David would find hard to swallow- agreeing to pay his fine and bowing to the City.

 

So, see everyone in a week and a half on MONDAY, JULY 19TH, 2010 at 10:00 AM at the Victoria Law Courts.

 

in acceptance of the future being unstoppable,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, July 15th, 2010: got the City's argument

 

-

 

everything on track. Its very tidy, which I can appreciate.

 

There will be a few fun things that are brought up. Essentially, the City is asking for a Section 1 exemption for a legislated deprivation of life, which is funny because part of their argument is that David and I 'have not made a substansive case that Section 7 (or for that matter Section 15) of the Charter has been infringed.'... then why is the City asking for a Section 1 exemption for a transgression that doesn't exist?

 

Then it continues on to quote the two Provincial Court judges that said the daytime denial was reasonable.

 

I enjoyed the 'conclusion' where it says our argument to be able to set ip tents during the day is 'without merit'. That 'It would create an imbalance in society between an accommodating public majority and an uncompromising minority." I guess, sort of like slavery in the old-south... whatever happened with that, anyway?...

 

You've reason to be very very sad, almost unarticulatably sad. The moment that sadness becomes despair you dishonour everything you are sad about. Patience be with you... how much suffering must you endure before you get the benefit of confidence gained from accepting that a short fearless life is preferable to a long ...life hiding? Only with humility can we look God in the face.

 

See you on the other side...

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Mon. July 19th, 2010: adjourned again

 

-

 

(got my email address back and now have forgotten who I'd removed from the update list- please re-confirm if you're getting this and don't want to... yahoo mail sucks compared to Gmail)

 

Because David wanted more time to gather evidence on the availability of daytime shelter the Justice (that's what you call judges when they are in the Supreme Court) today ordered that the appeal is adjourned until the week of SEPTEMBER 7TH (either Tuesday the 7th or Friday the 10th), 2010. Of course I'm thinking that David is actively working for the 'bad' guys, as everything he is saying he needs to do he had time for already. Of course I feel like I just got raped, you'd think I'd be used to it by now.

 

Patience be with me... and you... oh, and everyone.

 

me,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tues. Aug. 3rd, 2010: warrior stuff

 

-

 

"Each of us, born into warriorship. May we forgive the horrible naivety of thinking otherwise."

 

Firstly, as much as need exists, I need a 3.75 foot piece of bamboo to use as a walking/dancing stick.

 

Went dancing on the weekend. Couple thousand people bouncing at Centennial Square. Had a lot of fun. Few 'moments'. I like dancing... apparently you can't be a total dickhead if you dance.

 

Was on Saltspring for a few days... it was quaint... had a vision of the nature of warriorship. If you are into the warriorship thing come and find me to be taught the grand invulnerability... if you are skeptical, please test me. You'll not find any better qualified to head this finishing school. Women, children, grandparents... not one person is truly exempt from being a warrior- the only question being "What is your discipline?"

 

A friend of mine could very likely be going to jail for a couple years for smashing shit. May we have learned that death is preferable to teaching our children that tantrums can be successful.

 

peace and patience

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, Aug. 10th, 2010:  an animation update

 

-

 

David and I put together a short animation with a very inspiring website. You can watch it there ( http://www.xtranormal.com/profile/3059999/?listid=13832839 ) or on Youtube ( https://www.youtube.com/watch?v=tI5wiHSnwNg ).

 

cheers and love,

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, Aug. 12th, 2010: seems...

 

-

 

David got his argument officiated. It was pretty good. Where I present the Constitutional argument, David argues the error in the Provincial Court judge's ruling that had us convicted. The arguments coincide well enough.

 

Couple soap-opera-ish things- one fine and one interesting. The fine one is where I see if there is anyone with any connection to a nice home available to a mama and a 2.5 year old. The kid is awesome and funny and the mama, well... she's a really good mom, and she's funny sometimes, too (of the non-smoking hippy/farmgirl type... not to profile, or anything).

 

The interesting one was cloudy and inspiring.

 

Oh... and I found that animation website that I'll never impose by sending any more links, after this last one: God At Work- https://www.youtube.com/watch?v=zMh_ZczmM-E (I'm really enjoying it).

 

alright. much love.

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sat., Sept. 4th, 2010: no justice for any but for this

 

-

 

So, they are calling the cracked-out horror show on Pandora a tent-city... boy I sure do love the slanderous hate propaganda. Tent-cities don't come down every morning. I guess a bunch of the sketchers are sketching around the park now, at night, keeping the other outside dudes up and wired. A friend just let me know that he was given a ticket for sleeping on top of a tarp- 'erecting an abode'.

 

You have to know the crack is being supplied by idiot fuckers for the reason of flooding this town with fear. The cops are full of shit. The mayor is a retarded dog. The nonsense of the municipal politics- Lucas is a token dissident, nice and showy. When was it, exactly, when the devil shat out the DVBA? I digress... the appeal continues as scheduled next week. We don't know if it is going to be on Tuesday or Friday (the 7th or the 10th). 

 

I do realize the fate thing turns people off... which is good- like the ash on a cigarette they get tapped off until they become lucky enough to desire wisdom. I think a lot of people have failed to see that I am not just an average angel and that the truth needs no support. So, it doesn't matter if people get completely misguided- this job only needs one person.

 

juggernaut:  An overwhelming, advancing force that crushes everything in its path; any relentless, destructive, irresistible force; unstoppable physical or metaphysical force... that's me (now, is it the 'I' saying that, or is it the 'I'?--- peace to me)

 

in invulnerability,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tues., Sept. 7th, 2010: Friday it is then.

 

-

 

The appeal is to go ahead at 10:00 AM on FRIDAY, SEPTEMBER 10TH, 2010 at the Victoria Law Courts.

 

Shebib was placed under arrest today for a warrant he got when he failed to pay a previous fine he was given for holding an event without a permit (he had a sign he refused to take down). He was presuming a 5 day sentence... whether it means 5 or 4 days, I don't know. He'll be brought in from Wilkinson Friday morning in either case.

 

Friday should be 'cut and dry'. Presuming the courts will recognize that there is a section 7 deprivation in the City's Bylaw we will determine that, even if the court were to grant the City a section 1 exemption, that there was no section 1 exemption during the time of the arrests. It is also doubtful that the court would grant a section 1 exemption because the City has to demonstrate that it has tried every imaginable option before being granted the option of lawfully suspending the right to erect temporary abodes during the day, and it has yet to test the notion of a 'tent zone'.

 

We presume the judge will reserve their ruling... and presume to see the reasons within a couple months.

 

alright- "stay warm and dry, or die trying"

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Fri., Sept. 10th, 2010: ruling is being reserved

 

-

 

The appeal went well. I really like these days.

 

We didn't have to dwell on the section 7 deprivations, as the City agreed in point and was only asking for a section 1 exemption. We showed that the City has not tried every avenue in maintaining order within the homeless community (which needs to be demonstrated before a section 1 exemption can be considered).

 

The judge reserved his ruling and should (I presume) be back with his 'Reasons for Judgment' in a month or so, either written (where we just get a document) or oral (then we'll go back to court to hear the 'reasons' in person).

 

I presume we will be successful and the Bylaw will be 'of no force and effect' as long as there is no other 'alternative' housing. Of course, if the Appeal's Court grants the City a section 1 exemption, the last avenue for lawful justice will come from a pardon from the Queen as I starve in jail.

 

"Municipal tent zones are a, more, reasonable response to the catastrophe of economic collapse than reliance on the inherent psychopathic acceptance of section 1 exemptions, Martial Law and the War Measures Act."

 

much love y'all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Camp Demon's Bane

 

-

 

Now, it's done.

 

The future came and went, and now there is no changing it.

 

There will be much soap opera as we wait for the judge to give his 'Reasons'. The Province and the City will be putting much effort into not having to do the right thing, but now they are backed into a corner. To be afforded the right-suspending lawfulness of a section 1 exemption the City must demonstrate it has tried everything that remains within Constitutional parameters first, and they have not tried tent zones.

 

Make no mistake, there will be much contention when it becomes known that people CANNOT be forced to pay to sleep.

 

Make no mistake, this is a phenomenon that is open to every city in Canada. And may that happen soon, so as there will be no need for all the homeless to flock to Victoria.

 

I proclaim the name of the first sanctioned municipal tent zone in Canada, Camp Demon's Bane. You can proclaim it whatever you wish.

 

"Municipal tent zones are a, more, reasonable response to the catastrophe of economic collapse than reliance on the inherent psychopathic acceptance of section 1 exemptions, Martial Law and the War Measures Act."

 

in saving the world (PS: David and I did a video update after the trial- https://www.youtube.com/watch?v=-Oghz0HN6yw ),

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, Sept. 23rd, 2010: speech at City Hall

 

-

 

Yesterday's City Hall meeting had this following speech in response to the nonsense of amending the anti-tent Bylaw to include 'boulevards'-

 

"In regards to the proposed adjustment to the 'no tenting' Bylaw that would prohibit tenting on boulevards - the City DOES have the authority to manage its public spaces - it DOES have the authority to say "No tenting here" or "no tenting there", albeit, only if tenting has been permitted, within Constitutional parameters, elsewhere within the municipality.

 

13 days ago there was an appeal of convictions of being arrested for 'erecting temporary abodes during the day'.

 

It was recognized that this was a Constitutional issue, as the Corporation of the City of Victoria argued that its Bylaw (the 7-7 no tents rule) was reasonable under a section 1 exemption. Recognizing the deprivations of life and liberty in enforcing control over the sleep patterns of people, who are neither incarcerated in prison nor institutionalized in psychiatric wards, the City asked to be given 'right suspending' authority.

 

For the City to be granted a section 1 exemption they must demonstrate that every conceivable option, within Constitutional parameters, has been attempted. The Supreme Court Justice was made aware that 'tent zones' have not been attempted.

 

It is easily imaginable that the judge, after deliberating his 'Reasons' will come back with a win for me and my co-appellant. The implications are grand and far-stretching.

 

What I'm trying to get across is this - concern about the City prohibiting tents on boulevards is redundant insofar as the 7-7 Bylaw is going to be struck in a matter of weeks and there is going to be a total revamping of all policy regarding the erecting of temporary abodes on municipal public access spaces. That, what we should all be concerned with, right now, is preparing for the coming of 'tent zones'.

 

Globally, ALL eyes will be on Victoria and it will be the responsibility of everyone to make sure all tent zone regulations remain within Constitutional boundries, so they need not degrade into internment camps.

 

In closing, I would remind people that, legally, the 'Crown can do no wrong', and, for that to be true it would mean anyone found correcting an action of the Crown would, themselves, be facets of it.

 

It is time for the citizenry to stand and show this apparent colonial monster what it really means to be the Crown.

 

Patience be with us all."

 

... yup... other than that, I'm guessing the ruling will come out within 4 weeks.

 

I love you all. If any have comfortable size 10 sneakers, I'm in the market...

 

dreams have been really good...

 

me,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Mon., Oct. 4th, 2010: assertions and dreams

 

-

 

Dreams have been awesome. Filled with success and adventure. I only mention because it has occurred to me to give a time limit on when I would have to assert the right to erect shelter during the day... that is, to suggest an amount of time that would be adequate for the Supreme Court to come back with the ruling then go and get arrested if they don't. I had thought 6 weeks enough, placing an arrest day somewhere around late October... though dreams have been suggesting a win for David and me, so I've not been so adamant on holding the court to task.

 

An Asian man seeing friends to a door, then turning invisible and following them in, then taking 20 dollars from someone's wallet and putting it in someone else's stuff - a scam with lottery tickets, though provable because the bad guys don't dispose of the evidence with competency - people at Streetlink saying how proud people are of me - a gangster, wild with a face covered in cocaine, riding a monster beast (which was not a threat to me) - an safe emergency landing of a jumbo jet in a city - Will Ferral as a doctor in a video game type office where 'healths' could be picked up - fellow on a dirt bike doing laps around a jumping course made of snow, giving a recourse on how David and I had been successful and what the consequence was going to be.

 

There was much more, as well, for me to remember when I'm supposed to. Was thinking of making a dream bank where people could send in descriptions of their dreams, then I could look at all of them and tell the future.

 

I'm now guessing the ruling will be coming within 2 weeks.

 

k-much love,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tues., Oct. 19th, 2010: jail Friday?

 

-

 

Yup. That's what I'm thinking.

 

I really don't like the notion, of course. There comes a moment where it is no longer a question of patience- that the Supreme Court has had the proverbial 'ball' now for over a month.

 

I understand that what is being asked of them is huge and will have much political contention... at the same time, the people are being fucked right now.

 

So, maybe they play the 'ball' by not playing it. Instead, waiting and hoping to delay it for as long as possible...

 

Anyhoo, as it stands, I conjecture I'll go get arrested on Friday afternoon to wait in jail until something happens.

 

Get my tent ready.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sat., Nov. 20th, 2010: I love being a ninja.

 

-

 

Puked blood this morning. woo.

 

30 days (29 really). Just got out. Intending to go back, lest the Appeal ruling comes back before, next Friday afternoon.

 

The Supreme Court is cursed with an occupational hazard of dawdling for political reasons. Justice in this case is very grand. Either way- a ruling that grants the City a section 1 exemption would be a death sentence just as much as a successful ruling that comes after I die of starvation after getting arrested again.

 

If the ruling does come out while I'm in jail I will do my best to be ready with an application to appeal the sentence.

 

I'll write at least one other update before Friday that should contain a rough draft of my suggested amendment to the 'costs' the City is liable for.

 

Until then I will not think too much on what I'll have to do on Friday and just really enjoy taking as easy as possible and getting some nutrients and moving nice and slow like an 80 year old.

 

PS: the vandalism at the mayor's house- what people do when they're too afraid of getting arrested for just doing what has been unConstitutionally denied.

      the premier- patience be with you Gordon.

 

in seeing the reality of the sacredness of the Canadian Charter of Rights and Freedoms,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- three applications and burger talking

 

-

 

(afterwards- I’ve taken out the copies of these applications because they are long and the only one that matters is one that is more succinct in the following update)

 

I've readied a Grounds for Appeal and an Application for Bail in case we have to move quick if the Reasons come out after being arrested. I also put together an application to amend my Argument's suggestion of Remedy... upon reflection I felt it wasn't quite enough.

 

So those three things and then there'll be a video thing down there, too.

 

anyhoo---

 

//////////////

 

and ta-da- Burger Talking- https://www.youtube.com/watch?v=iA0JSsome0Q

 

K

 

Love you all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update: supplemental- seems I've gotten through

 

-

 

This is what Justice Bracken, the judge at the appeal is going to get in the day or so... I was not allowed to just submit a written statement to him, but was told it had to be made online. the online one is basically the whole original application, minus the argument of the first paragraph.--- the other two, well, its obvious they were written by me...they're what they're... anyhoo, I digress... the ladies at the Supreme Court Registry are good people. Its just been confirmed it is on its way.

 

alright... go-

 

Nature of the Application:

 

To ease Justice Bracken's burden of tackling, as a 'third party', the

most curative Remedy possible, and to reduce the amount of convaluted

content if the application was to come after the ruling, before the

signing of the Order.

 

The Nature of the Application is to amend the last two paragraphs (18

and 19) of my Argument's original Remedy, which read,

 

"[18] It would also behoove the City to assist in a national

`awareness raising' campaign so as to let all those who exist in

poverty know they have the right wherever they are in Canada and need

not over-whelm the first City to sanction public tenting.

 

[19] I want to be compensated for my temporary abode (if repayment is

in the original construction material of cardboard it need come with

labourers) and a genuine and supremely public apology from mayor and

council."

 

to,

 

“[18] It would also behoove the Court to order the City to present any

proposed Bylaw or Bylaw amendment, having to do with the erection of

temporary abodes, to a Supreme Court Master for Constitutional

scrutiny.

 

[19] Seven years people from all walks, the best of people, have

offered so much in the support of this endeavour to find this rare

justice. Battles, dramas, spin-doctors. There has been a maelstrom

effort on both sides. People with nothing giving their last and, so,

what is being asked, here, of the City is mostly token. Taking away

their stuff, isn’t necessarily going to cure them of thinking lies

have their place. What is taken will be used and distributed humbly

and creatively.

 

[20] By rights, I’ll put the City to task, so that they may learn that

it is better to be humiliated than it is to continue being a fool. In

this regard I say it is the City's responsibility to provide me with

non-refundable Gift Cards, Gift Certificates, or if possible

otherwise, non-refundable lines of credit (with offers of up to 25%

extra to secure the ability, which, if its not secured, then to pass

the equivalent worth to the next item in line) in the form of:

 

The equivalent of one hundred thousand dollars from each of these

establishments:

 

Thrifty Foods

Save on Foods

Real Canadian Superstore

Canadian Tire

Fairway Markets

 

The equivalent of fifty thousand dollars from each of these establishments:

 

RONA

Petro Canada

ESSO

Walburn's Grocers

Red Barn Market

Slegg Lumber

Capitol Iron

Sears

Future Shop

The Office Depot

Dell Computers

Pharmasave

Shoppers Drug Mart

London Drugs

Market on Yates

Mountain Equipment Co-op

 

The equivalent of twenty thousand dollars from each of these establishments:

 

Boston Pizza

Jeune Bros Tent and Awning

 

The equivalent of fifteen thousand dollars from each of these establishments:

 

Robinson's Outdoor Store

Chapters

Speedpro Signs

 

The equivalent of ten thousand dollars from each of these establishments:

 

Whitespot

SG Power

Mark's Work warehouse

Firestone Tire & Automotive Services

 

The equivalent of seventy five hundred dollars from each of these

establishments:

 

Flight Center (Mayfair Mall)

West Marine

 

The equivalent of five thousand dollars from each of these establishments:

 

Green Cuisine

the Beehive Wool Shop

Eddie Bauer

Reckless Bike Stores

Island Blue

KATA Martial Arts Supplies

Canada Post

Seed of Life

BC Ferries

Old Morris Tobacconists

Island Outfitters

 

The equivalent of twenty five hundred dollars from each of these establishments:

 

Hemp & Co

Starbucks

Serious Coffee

Tim Horton’s

Subway

7-Eleven

Mac's

QV's cafe bakery

OPUS Framing & Art Supplies

Ocean River Sports

Earth & Fire Pottery Studio

Bell

The Mac Pros

Paul’s Motor Inn

Ocean Island Inn

The Original Christmas Store

Bean Around the World

Vista 18

BC Ferries Experience Cards

 

The equivalent of fifteen hundred dollars from each of these establishments:

 

Lotus Pond (on Johnson)

Games Workshop (on Johnson)

Curious Comics (Johnson)

Noodle Box

E & N Rail

Greyhound

Pacific Coach Lines

A&W

The Running Room

Seven Valley Fine Food & Deli

Spinnakers’

Ali Baba’s

Self- Heal Herbal Centre

Sooke Harbour House

 

The equivalent of one thousand dollars from each of these establishments:

 

Rocky Mountain Chocolate Factory

Dutch Bakery and Coffee Shop

Sookjai Thai Restaurant

Best Buy Convenience

Taj Mahal

Ocean Garden Restaurant

Don Mee Restaurant

Seventeen Mile Pub

 

As well as 2000 Transit Bus tickets, adding the sum to just over one

million five hundred thousand dollars equivalent of non-refundable

credit, or instead of dealing with gift cards and tickets it would be

acceptable to give my co-appellant, David Shebib, two million and let

him facilitate their turning into non-refundable credits to give to

me.

 

[20] The City should also give David Shebib two million cash straight,

if that’s how he wants it.

 

[21] and finally, for the City to acquire the property on Hillside,

between Blanchard and Quadra, known as ‘the field at CanWest

University’ and give it to me while zoning it as residential and

agreeing to pay all bills and taxes which may incur for a maximum of

seven years. They will also pay all business contracts involving

landscaping, geo-testing, brick fencing, two custom all-weather

durable and practical washroom/picnic area things, hydro and plumbing

hook up for a house, a house made of 6-8 converted shipping containers

professionally sided. After paths are all put in and after a period of

rest and picking a bright purple plum I will return the land to the

City as a park with a very wise and succinct covenant put together to

ensure the place’s sanctity.

 

[22] If the City finds this option impossible, David Shebib should be

given twenty million dollars, in part, to initiate the Global ‘Right

To Sleep’ Awareness Raising Foundation.”

 

///////////////////

 

 

Reason Why a Specific Judge

 

Post Appeal. Ruling yet held in reserve.

 

As of Friday the 26th of November, 2010, around 3:00 PM, I presume I

will be getting arrested for breaching a Provincial Judge's condition

for me not to erect a temporary abode between the hours of 7:00 AM and

7:00 PM. The exact condition that Justice Bracken must yet still

conclude a violation of section 7 not saved by section 1 (the law of

it, not the breach).

 

Just finishing 30 actual days in jail, fasting, for the same breach,

on Saturday, November 20th, it is easily conceivable that another,

larger, sentence so soon after will lead to me dieing in jail for

something, that will soon be Constitutionally found, right- defending

the Canadian Charter of Rights and Freedoms.

 

As I live, if the ruling comes out while I am in jail I will be filing

for a sentence appeal and bail.

 

If I am left to die because of a perceived indignacy I might have

directed towards the Supreme Court then I die at the hands of people

who'd worship spite above justice and I wouldn't want their help

anyway.

 

I give all parties a way out on this one, except the City. No one has

anything to lose on this besides the City, lest I am stopped by those

who would delay the law. Then you'll have a happenstance of magnitude

as all the world looks on Canada as a murderer of a nice and smart guy

who knew, exactly, the limits of conscientious behaviour and, exactly,

why pride is a sin.

 

 

//////////////////

 

 

Opposing Council's stance

 

"Nope. Don't like it. Not one bit."- paraphrasing a correct presumption

 

This really doesn't have anything to do with the City's opinion.

What's happening right now is that the BC Supreme Court is on trial,

and it seems they have a time limit.

 

I've drawn a rudimentary copy of this form and am sending it, both to

my co-appellant, David Shebib, and to the City's lawyer, Troy DeSouza

Along with the email lower on this form, Troy also works a lot with

this one- ******@sms.bc.ca

 

cheers.

 

in work and peerage,

 

David Arthur Johnston

Victoria, BC, Canada...

 

This is the City's response to this-

 

The City wrote of this application,

 

 "Hi David,

 

Your application to get back before Mr. Justice Bracken is unnecessary and

problematic.  We are expecting a decision any day/week now.  I will likely

get instructions from the City to oppose your application and await Mr.

Justice Bracken's decision.

 

Cheers!

 

Troy"

 

I think its awesome he said cheers.

 

k- that's it''' love you all.

 

Me

 

 

St. Ann's update- Early Wednesday Morning, December 22nd, 2010

 

-

 

Got released from jail yesterday morning. Very happy. Patience is very beautiful.

 

Threw together a video update inbetween the moments of eating, smoking, trying to poo and just not moving. It can be found here- https://www.youtube.com/watch?v=Sv0O9k9jLJw

 

Other than that, things continue. David and I will appeal our case to the Appeal's Court of BC and we'll let everyone know the details as they come in... and I'll probably write another update soon enough.

 

I just had very exquisite pumpkin pie, with ice cream and rum sauce.

 

alrighty... the video thing has some prettiness in it and its short enough.

 

k

 

love you all

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, January 6th, 2011: brief

 

-

 

Its been busy since being released.

 

Got to spend a beautiful Christmas with friends and family. Enjoying being a spry old guy filling myself with the smallest amounts of delectable food.

 

Recovery has been cool... very energized moments. Good opportunity right now, as well... seems I've become nocturnal and have had the ability to uber-tweak the journal, readying it for its graduation into bookdom. My new word is 'annotation'...it feels like I'm narrating the journal... anyhoo (ok, seriously, if anyone would have access to a small 10 or 11 inch 2gig RAM laptop I could put it to much productive use... the ability to work on the journal at whim would cut the editing time considerably... its taken four lucky days to just get through the first year on the first go-through...).

 

David and I prepare for the appeal. Officially we have until the 10th to submit our 'notice to appeal', though the City's lawyer has taken my incarceration time into account and has agreed to extend the deadline until January 30th, if need be.

 

alright,

 

in truth and the foreverness of patience,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, January 10th, 2011: updated police and courts encounters list

 

-

 

I was reminded of a dream I had a while back- I was visited by ghosts of children that were the murdered victims of the colonial rapists... they wanted to make sure I was taking things seriously... that justice for them would not come in half-measure.

 

///////////

 

(here is the new and improved)

 

Police and Courts Encounter List-

 

Sunday, January 25th, 2004- held for 5 days without pleading- charges dropped (I don't remember the charge).

 

Not far after Feb. 1st, 2004- arrested for obstruction of justice and assault by trespass. Trial set for March 25th, 2004. (I breached this UTA and it was dropped- I figure I'm learning).

 

Friday, March 5th, 2004- trial confirmation- 'crown' stays the assault by trespass.

 

Thursday, March 25th, 2004- 'crown' stays the obstruction of justice.

 

Friday, March 26th, 2004- throw me in back of car, and release me in front of police station.

 

Sunday, March 28th, 2004- arrested for contravening the 'Properties Control and Management Bylaw No. 416(2)'... released without conditions and told to be in court for the 30th of April (when I showed for that there was no record of my need to be there).

 

Monday, March 29th, 2004- arrested for Assault by trespass (they try to get me to sign a condition to not sleep on any private property in Victoria- I refuse and they release me with charges dropped).

 

Tuesday, March 30th, 2004- arrested for breach of peace, released in morning.

 

Wednesday, March 31st, 2004- arrested for breach of peace, released in morning.

 

Thursday, April 1st, 2004- police come, then leave.

 

Thursday, April 15th, 2004- security guard tells me the 'crown' has no intention of arresting me.

 

Friday, April 16th, 2004- (maybe the night preceding) Arrested for breach of peace, released in morning.

 

Friday, April 23rd, 2004- (maybe the preceding night) the first night for the 'not letting me sleep' security guards.

 

Sunday, April 25th, 2004- police take my flutes and blankets, no ticket or badge numbers.

 

Sunday, May 9th, 2004- arrested for 'breaching a condition' for a charge that had been dropped. Charge was cleared and I was released.

 

Tuesday, May 11th, 2004- arrested for breach of peace, release very early.

 

Friday, May 14th, 2004- arrested for breach of peace, released in morning.

 

Saturday, May 15th, 2004- arrested for Assault by Trespass', charge changed to breach of peace, released in morning.

 

Monday, May 17th, 2004- police came in morning, arrested me and dropped me off outside of city limits (past the Jubilee Hospital on Foul Bay road).

 

Tuesday, May 18th, 2004- arrested for breach of peace, released in morning.

 

Wednesday, May 19th, 2004- police come in morning, 'arrest' me (no rights reading or anything)- cuffs on- drive out to the Town and Country Mall (about a 40 minute walk away) which is outside of city limits and drop me off- they suggested that next time they will take me out to the Malahat (a highway far out of town- maybe about 20KM away).

 

Monday, May 24th, 2004- police came in morning, arrested me and dropped me off outside of city limits (past the Jubilee Hospital on Foul Bay road).

 

Saturday, May 29th, 2004- police are called and say they are not responding.

 

Friday, July 9th, 2004- police come, arrest me, then drop me off at Finlayson Road (out of city limits).

 

Sunday, July 11th, 2004- get a police driven tour of Dallas Road (ocean side) to a golf course (where Dallas road turns towards Oak Bay), and a pleasant walk back on a clear starry night.

 

Wednesday, August 4th, 2004- police came and found me and my friend getting ready to sleep- in as much condescending and presumptive stance they could be in they 'arrested' us for 'breach of peace' and drove us out to Shelburne and Lansdowne (SP?) (about an hour's walk back).

 

Friday, September 10th, 2004- friend and I are sleeping, police come at request of security, then leave, leaving us there.

 

Tuesday, November 4th, 2004- Arrested for 'Assault by Trespass', next morning charge changes to 'Mischief' (due to my inspiration to get arrested for anything A.K.A. spreading cardboard house around their backyard). Plea date set for Nov. 19th.

 

Friday, November 19th, 2004- trial set for Dec. 21st. trial confirmation on Dec. 8th.

 

Wednesday, December 8th, 2004- all ducks in row for the trial.

 

Tuesday, December 21st, 2004- plead not guilty to the Mischief. Found guilty. Sentenced to conditions (a no go to St. Ann's for 6 months and probation). I do not sign conditions and return to St. Ann’s that night.

 

Tuesday, December 21st, 2004- arrested for breaching the condition of the conviction. Signed UTA (Undertaking To Appear: an agreement to not to back to St. Ann's until the breach trial).

 

Wednesday, December 29th, 2004- found guilty of breach, sentenced to 1 day in jail (5 hours in court cells).

 

Wednesday, December 29th, 2004- 2nd arrest for breaching condition of conviction. Released in morning after signing a UTA to return to plea on the 6th of January (2005).

 

Thursday, January 6th, 2005- plead guilty. Sentencing day on January 13th.

 

Thursday, January 13th, 2005- sentenced to 3 days in jail (1 day- re: 2/3rds time for good behaviour).

 

Sunday, January 16th, 2005- 3rd arrest for breaching condition of conviction. Signed UTA to return on Jan. 21st.

 

Friday, January 21st, 2005- sentenced to 7 days in jail (4 days).

 

Thursday, January 27th, 2005- arrested for 4th breach of condition of sentence. Signed UTA to return for Feb. 11th.

 

Friday, February 11th, 2005- sentenced to 7 days in jail (4 days).

 

Wednesday, February 16th, 2005- arrested for 5th breach of condition of sentence. Sentenced the next day with 14 days in jail (10 days).

 

Monday, February 28th, 2005- arrested for 6th breach of condition of the conviction. Sentenced next morning to 30 days in jail (20 days).

 

Monday, March 28th, 2005- arrested for 7th breach of condition of conviction. Signed UTA to not return at least until April 25th.

 

Monday, April 25th, 2005- plea date set for May 9th.

 

Monday, May 9th, 2005- trial date set for September 23rd, 2005. trial confirmation date set for August 23rd.

 

Friday, September 23rd, 2005- judge to give verdict on Oct, 25th, 2005. I continue to honour undertaking, while others begin tent-city at St. Ann’s.

 

Tuesday, October 25th, 2005- I was found guilty of 7th breach of Mischief conviction. Returning to court on Oct. 28th to be sentenced.

 

Friday, October 28th, 2005- ridiculous conditional sentence (community hours and such)… almost like it was designed for me to breach. Also, police came and stole a whole bunch of tent-city stuff. Not arresting anyone because after their stuff was stiolen they were no longer violating the injunction at Cridge Park (which the St. Ann’s tent-city had moved to a couple weeks previous because of an injunction there).

 

Saturday, October 29th, 2005- I was arrested for ‘Obstruction of Justice’ for stepping on a tarp at the courthouse lawn. To return to court for this on Dec. 29th, 2005. 2 others were arrested for ‘Assault by Trespass’. Returned to St. Ann’s and was arrested for breaching the breach. Spent 8 days in jail. Lawyer got 7th breach conditions held off until the appeal which is to happen March 8th, 2006.

 

Sunday, December 4th, 2005- arrested for putting wood in burning barrel (‘Obstruction of Justice’) on gravel soccer field in Beacon Hill park where a new tent-city was being proposed. To return to court Dec. 12th to plea. One condition of release was “Do nothing to aid, abet or promote any breach of the peace and comply with all directions of any peace Officer or Bylaw Officer." Kinda weird.

 

Monday, December 12th, 2005- plead ‘not-guilty’ to both obstruction charges. Couthouse lawn fiasco will be heard on Jan. 9th, 2006. Burning barrel will be heard on Feb. 17th, 2006.

 

Monday, January 9th, 2006- date moved to Feb. 3rd, 2006.

 

Friday, February 3rd, 2006- found guilty. ‘Red zoned’ from 4 different parks. Judge exclaims that “everyone is afraid of anarchy”. Many revealing moments. I sign no conditions and leave. I have no intention of treating the courts or crown with any authority, any longer. Do not report to probation anymore.

 

Sunday, February 26th, 2006- arrested again.

 

Wednesday, March 22nd, 2006- released from 3 weeks of fasting in jail. Don’t know what I was charged with only that I had returned to St. Ann’s. Could be one of any number of possible charges.

 

Sunday, April, 2nd, 2006- returned to St. Ann’s.

 

Friday, April 21st, 2006- just released. Again, don’t really know on what charge the arrest was based. Did 18 days in seg. fasting.

 

Monday, May 1st, 2006- returned to St. Ann’s. Released 8 days later, agreeing to not go back to St. Ann’s, at least, until I officially present my case to the Victoria police (just so I can say I took that step). Again, don’t know exactly what charge I violated.

 

Tuesday, June 27th, 2006- returned to St. Ann’s. released next day after signing condition to return to Alberta.

 

Tuesday, July 4th, 2006- returned to St. Ann’s to give myself up because I cannot adhere to the condition I signed on the 28th of June. Sentenced to 90 days and 120 days to be served consecutively.

 

Wednesday, August 9th, 2006- released on bail after fasting 36 days. Sentence appeal will happen Oct. 16th. Agreeing to not return to St. Ann’s while a charter challenge is in process (challenging the city’s anti-camping bylaws). Will find out exact date soon. I expect to adhere.

 

Tuesday, September 12th, 2006- ... The Charter Challenge is scheduled for a nine day trial starting September 4th, 2007.

 

Monday, October 16th, 2006- Took most of the day. Crown was merciless. Judge is saving his ruling until Friday (Oct. 20th) at 1:30PM.

 

Sunday, October 22nd, 2006- hearing for ruling adjourned.

 

Tuesday, October 24th, 2006- The judge is set to give his ruling at 1:45 PM on Friday (Oct. 27th).

 

Saturday, October 28th, 2006- 1 night at Wilkinson to finish the sentence for both charges. It was taken down from 210 days to 56 days. So, I'll hold off on St. Ann's until September and the Charter Challenge.

 

Monday, August 13th, 2007- The judge denied the city's application for a permanent injunction and ordered the city to pay 'costs' to the lawyers (Catherine and Irene) for wasting their time.

 

Wednesday, September 5th, 2007- city attempts discontinuance of Charter Challenge. The 'master' (seemed astute enough) is going to give his ruling on Friday morning.

 

Friday, September 7th, 2007- The court denied the city its 'discontinuance'.

 

Monday, September 10th, 2007- Charter Challenge set aside until Sept. 12th to determine if a summary trial is appropriate. Attourney general’s office joins with the city in attempting to stave off the Charter Challenge.

 

Friday, September 14th, 2007- false arrest at St. Ann’s for violating the permanent injunction that is on St. Ann's until 2008 (what does permanent mean again?). They take me to the copshop and leave me in the car. Meanwhile they've told my friends that they will be able to see me on Monday when I would go in front of a judge... so they all leave. Police drive me back to St. Ann's because the injunction doesn't go into affect until 11:00 PM.

 

Wednesday, October 10th, 2007- The trial is tentatively scheduled for January 22nd. The province is going to try and strike the whole thing in court on October 30th and 31st because of a technicality.

 

Tuesday, October 30th, 2007- We didn't even get to the point where the province tried to drop it because the city lawyers 'needed' to ascertain the definition of 'abode' from the city council and they need to wait until the next council meeting to see if abode means cabin or tent... I know. I know.

 

Saturday, November 17th, 2008- city determines ‘abode’ to mean tent, tarp or cardboard structure.

 

Tuesday, November 27th, 2007- The Charter Challenge set for 10 days was to happen January 22nd, 2008. Now, with agreement on both sides the time needed is shortened to 5 days, making the NEW DATE for the CHARTER CHALLENGE to be on JANUARY 27th, 2008.

 

Wednesday, January 9th, 2008- the Provincial Government of BC is brings us to a BC Supreme Court judge to attempt a discontinuance of the 'Right to Sleep' Charter Challenge. One of the 'crown' lawyers got sick so the discontinuance application has been postponed, probably until next week. Our lawyer also said that it is likely that the main trial, (pending our success at the province's attempt to squash it) that is scheduled for Jan. 28th, could very well be postponed as well... until late spring/early summer.

 

Wednesday, January 23rd, 2008- The province's attempt to discontinue the case has been set for 2 days during the week of FEBRUARY 18th, 2008. The 'Right to Sleep' Charter Challenge has been rescheduled for a 5 day trial beginning on JUNE 16th, 2008 (pending our success in Feb.).

 

Tuesday, February 19th, 2008- Unfortunately, there is no judge available again today.  This happens from time to time.  The Trial Coordinator tells us that the courts all over the province are extremely busy this week. So, we continue the waiting game.  We'll keep you posted.

 

Monday, February 25th, 2008- discontinuance attempt is set for 2 days in the week of MARCH 3rd, 2008.

 

Thursday, March 6th, 2008- The 'Right to Sleep' Charter Challenge will proceed (excepting martial law or alien attack) as scheduled on JUNE 16TH, 2008, for its five day trial.

 

Monday to Friday, June 16th to June 20th- Right to Sleep Charter Challenge. Justice Ross reserves her ruling.

 

Monday, June 23rd, 2008- false arrest at St. Ann’s for breaching a condition that hasn’t existed since Oct. 2006.

 

Tuesday, October 14th, 2008- Madam justice Ross rules "... In these circumstances I have concluded that the course that is most appropriate is to grant a declaration that the Bylaws are of no force and effect insofar as they apply to prevent homeless people from erecting temporary shelter."

 

Friday, October 17th, 2008- myself and 4 others are arrested for Obstruction for not complying with the new 7-7 tent policy (video of arrest- https://www.youtube.com/watch?v=mXm_27i4lnw  ). First appearance set for Nov. 28th, 2008.

 

Tuesday, October 30th, 2008- set up under the tree in Centennial Square. Was arrested with 3 others the next morning passed 7:00 AM. Very amatuer instigation by cops. Spent 6 days in jail. trial to be set Nov. 12th, 2008.

 

Wednesday, November 12th, 2008- in an effort to combine the 4 that were arrested for obstruction (for not voluntarily dismantling a tent) we've agreed to come back to court WEDNESDAY, NOVEMBER 19TH to set the trial date for all of us, instead of 4 individual trials.

 

Wednesday, November 19th, 2008- After spending the entire afternoon in the courthouse, once getting the Justice of the Peace to say I could set a trial date the 'Crown' called someone higher up and the 'Crown' strenuously asked again only to have us all wait for Monday to set a trial date. They did not dwell on the fact that that's what we did already to get to today. Anyhoo, on MONDAY, NOVEMBER 24TH, 2008 at 9:00 AM in the Victoria Law Courts, room #103, we head back to consolidate our trials into one... I really really presume that we'll actually get a trial date- though we'll see if the city does something to avoid being charge with contempt.

 

Monday, November 24th, 2008- Got to court this morning to set a trial date for the arrests at Centennial Square. The 'Crown' stayed the proceedings, meaning the charges were dropped for all four people. I, and four others still have 'first appearance' on November 28th for the Beacon Hill Park arrests that happen just days after the BC Supreme Court came out with its ruling that allows for homeless people to erect 'temporary abodes' in municipal public access spaces and I'll see if those are stayed as well before re-asserting myself against the illegal enforcement policy.

 

Sunday, November 30th, 2008- Monday night people returned to Centennial Square, where the arrests happened and, again, erected a temporary abode. Talking to the media the next day it was confirmed that the 'Crown' stayed the proceedings because the Bylaw Enforcement Policy is not Constitutionally defendable. The city took the position that, even though people could not be arrested for Obstruction, tickets could still be given out. Throughout a magnificent 4 days of occupying the ground under the giant Christmas tree we accumulated enough tickets to be arrested for a separate 'civil' charge of having multiple tickets. We go to trial for this on FRIDAY, DECEMBER 5TH, at 9:30 AM in the VICTORIA LAW COURTS (850 Burdett Avenue).

 

Friday, December 5th, 2008- trial adjourned to Dec. 31st, 2008. Order for the Charter Challenge settled with Justice Ross telling the city that she did not add the words "at night" to the end of her ruling for a reason and that she is keeping it that way.

 

Wednesday, December 31st, 2008- City spent time trying to classify worthy homeless and unworthy homeless. I will not say what will happen as the judge reserved his ruling.

 

Wednesday, January 28th, 2009- Got to court this morning after just checking my email saying the ruling was coming down 10 minutes before... I get there just as the judge is saying Tavis, Kristen and I are not guilty of having tents passed 7:00 AM. The judge, corrupt, gives his 'opinion' that the 7-7 thing could stand if it was an actual Bylaw and not a Bylaw Enforcement Policy. In effect, giving the city the ammo it thinks it needs to prolong this thing again.

 

Tuesday, February 10th, 2009- David and I were arrested yesterday morning for having multiple tickets. Everything went smoothly and for some reason we've secured a trial for this THURSDAY, FEBRUARY 12TH, at 9:30 AM.

 

Thursday, March 5th, 2009- David was told he must pay his fines by May 1st (4 tickets at $85 each... which was interesting because the first ticket was a warning ticket... anyhoo...). I've been told to go to probation and complete 40 hours of community service by May 1st (interesting to note that my sentence was different from David's because of my 'vow of poverty').

 

Tuesday, March 24th, 2009- Appeal was registered and a date will be fixed for the hearing on APRIL 22, 2009 at 2:00 PM.

 

Saturday, March 28th, 2009- Went to the courthouse and submitted a request for a hearing to see if I can get transcripts for free. The hearing happens at 2:00 PM, WEDNESDAY, APRIL 8TH.

 

Wednesday, April 8th, 2009- Went to court today to see about getting the transcripts. Judge said no problem and that they'll be ordered come the first hearing of the appeal (2:00 PM on APRIL 22ND at THE VIC. LAW COURTS, BC SUPREME COURT), which , essentially, is the hearing that sets a date.

 

Wednesday, April 22nd, 2009- Hearing is set for May 27th at 2:00 PM. The City has gotten a month to determine whether or not the time set to file an appeal is within 30 days of the conviction or 30 days of the sentencing. Theoretically, they could have just turned around and asked the lady from the Supreme Court Registry, but I guess they couldn't have.

 

Wednesday, May 27th, 2009- The retrial is scheduled for the week of the 26th in October.

 

Wednesday and Thursday, June 10th and 11th, 2009: City’s appeal of the Adams ruling. 3 Supreme Court Justices. They reserved their ruling. City suggests the question before them is only in regard to the night…

 

Wednesday, August 12th, 2009- arrested for breaching the ‘no erecting tents during the daytime’ thing- a night in jail and a Conditional Sentence Order and time served.

 

Monday, August 17th, 2009- arrested. Given a week sentence. 5 days inside.

 

Thursday, August 27th, 2009- arrested for breaching. A night in jail. Sign an ‘undertaking’ to return Sept. 18th with the idea being to talk to the Supreme Court and attempt to have this (these) file(s) moved to Supreme Court.

 

Wednesday, September 9th, 2009- hearing adjourned so I can put together an affidavit explaining why I don’t use money.

 

Monday, September 21st, 2009- got arrested for breaching an undertaking to not set up a tent. 23 days inside. Fasting.

 

Tuesday, November 24th, 2009- arrested. Released Thursday, December 24th. 30 days fasting. (Made for a miraculous Christmas with friends…

 

Monday, January 4th, 2010- Trial for ‘other’ collection-of-tickets charge adjourned until March 29th.

 

Monday, January 25th, 2010- The hearing to finalize getting the transcripts has been rescheduled from Wednesday, Jan. 27th, 2010, to WEDNESDAY, FEBRUARY 3RD, 2010, at 2:00 PM in the Vic. Law Courts.

 

Wednesday, February 3rd, 2010- The judge denied me the transcripts and has scheduled the appeal to be stayed, lest transcripts can come through other means, on WEDNESDAY, FEBRUARY 24TH, 2010, by 3:45ish PM.

 

Monday, February 22nd, 2010- David just got the transcripts and I took the receipt to the Registry. The appeal remains scheduled for 10:00 AM, TUESDAY, APRIL 6TH, 2010.

 

Monday, March 29th, 2010- My other court things have had their 'fix a date' dates moved to April 14th at 10:00 AM.

 

Tuesday. April 6th, 2010- The APPEAL FOR CONVICTIONS OF HAVING A TEMPORARY ABODE DURING THE DAY is scheduled for MONDAY, JULY 19TH at 10:00 AM at the VICTORIA LAW COURTS.

 

Wednesday. April 14th, 2010- The date for the other 'tents during the day' trial is set for SEPTEMBER 2ND at 2:00 PM. Of course, pending the results from the appeal which could make it moot.

 

Monday, July 19th, 2010- Because David wanted more time to gather evidence on the availability of daytime shelter the Justice (that's what you call judges when they are in the Supreme Court) today ordered that the appeal is adjourned until the week of SEPTEMBER 7TH (either Tuesday the 7th or Friday the 10th), 2010.

 

Friday, September 10th, 2010- appeal for convictions of collecting multiple no-tents-during-the-day Bylaw tickets. Judge reserved ruling.

 

Friday, October 22nd, 2010- arrested for breaching. 29.5 days at Wilky.

 

Friday, November 26th, 2010- arrested for breaching. Released on December 21st.

 

Wednesday, December 1st, 2010- appeal ruling comes out- David and I lost. We prepare our next appeal.

 

////////////

 

Cheers. I've finished the first run of going through the journal to prepare it for its transmogrification into a book... it is pretty riveting in places...

 

The next update will come after David and I submit our next appeal.

 

Love you all.

 

David

 

 

St. Ann's update- Monday, January 17th, 2011: the appeal and the book

 

-

 

Went in today to file my "Notice to Apply for Leave to Appeal" to the Appeal's Court of BC (that might be a mouth-full). The nice lady put me on good track. A 'Form 1A' for the proper notice, a 'Form 7' to file for extending the time to file (should be no problem, as the City stated they would not contend with the Appeal being filed before January 30th) and an 'Indigency Form'. Presume I can get those in tomorrow...

 

Got up before noon today... might be breaking my experiment with being nocturnal...

 

This could, very well, be the last update in the book Shebib is making out of this journal... hope you enjoyed it... I presume the appeal will proceed without problem. Of course, if my ability to appeal is obstructed, I always have my last recourse.

 

See you on the other side...

 

much love,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, January 20th, 2011: its official, we've been assigned a number

 

-

 

Good morning. 12:54 AM across the road from the center of the universe. a NOTICE OF APPLICATION FOR LEAVE TO APPEAL has been submitted and been given Court of Appeal File No. 38760. We've scheduled a hearing for MONDAY, FEBRUARY 14TH, 2011... 9:30 AM in the Vic Law Courts... apparently, that's Valentine's Day...

 

So... 60 days to acquire transcripts... then 30 to put together the argument (factum) in a book with all the past files... I'll be scrutinizing the rules more...

 

The 'GROUNDS' were much more simple than the last appeal's. Simply, "The grounds of appeal are: The City is not worthy of being granted a section 1 exemption as they have not demonstrated attempting every possible Charter compliant alternative. The City has the onus to prove the notion of 'tent-zones' as unreasonable.

 

The 'RELIEF SOUGHT' more refined- "The relief sought is for Justice Braken to be found in err, the City's Bylaw to be made of no force and effect, and the City be ordered to compensate the effort of having to have their policy corrected."

 

anyhoo...

 

May or may not have news before Feb. 14th. I'll update before then if it is so. Might be cool...

 

me

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, February 9th, 2011: memorandums and such

 

-

 

Things are still set for 9:30 AM, MONDAY, FEBRUARY 14TH at the Vic. Law Courts. We'll see if we can get by this one. There remains the potential of being put in the 'last recourse' position, if the Justice at this hearing denies David and I the chance to appeal to the Appeals Court of BC. That is, of course, if someone doesn't make it alternatively possible to appeal the amended ADAMS ruling to the Supreme Court of Canada.

 

David and I have until the 18th to submit the next part of this appeal process. It consists mostly of a memorandum from myself, one from David and copies of the past two trial's Reasons and Orders... all required to be in a bound 'book' with a 'buff' cover.

 

I'm including a draft of my 'memorandum' which may or may not include the specifics of the suggested remedy-

 

otherwise things have been pretty amazing and adventurous. Meeting people my dreams had already introduced me to, and such. Providence, again and again, proven.

 

k-much love

 

watching court can be interesting sometimes...

 

me

 

//////////////

 

Memorandum Of Argument of DAVID ARTHUR JOHNSTON

 

Part I:    A brief statement of facts

 

[1] On THURSDAY, FEBRUARY 5TH, 2009, I and my co-appellant, DAVID SHEBIB, began a campaign to have the Corporation of the City of Victoria corrected in its interpretation and application of the recently found Adams ruling. The City, that day, officiated a Bylaw restricting the, newly Constitutionally-held, right for homeless people to erect temporary abodes, to only serve nighttime hours.

 

[2] On each of the following four days we were issued Bylaw tickets for violating the 'no tents during the day' Bylaw. Getting arrested after the fourth one on MONDAY, FEBRUARY 9TH, 2009.

 

[3] We were convicted of the offense on FEBRUARY 12TH, 2009. Sentenced on March 5th, 2009.

 

[4] On MARCH 24TH, 2009, David Shebib and myself, both applied to appeal. Him, by trial de novo and myself, conventionally.

 

[5] On MAY 27TH, 2009, a Judge granted the de novo so David could enter new evidence specifically regarding the daytime shelter conditions and I was told I would still be able to argue Contempt.

 

[6] On OCTOBER 14TH, 2009, the City’s lawyer admitted the City did not contest the absence of emergency shelter beds during the day. Subsequently, on NOVEMBER 25TH, 2009, this appeal was restyled as a conventional appeal with the added allowance of submitting any new evidence regarding daytime shelter. The City, after, again changed its position, getting affidavits suggesting the existence of emergency shelter beds during the day.

 

[7] On DECEMBER 9TH, 2009, the Appeal's Court of BC ruled on the City's appeal of the Adams ruling, finding “no legal basis to overturn the original conclusion”, excepting the inclusion, at the City's and its interveners behest, that the ruling was only determined for nighttime erection of temporary abodes. Leaving the right to erect temporary abodes during daytime to be determined separately.

 

[8] On SEPTEMBER 10TH, 2010, we appealed our ‘daytime-tent’ convictions in front of Supreme Court Justice Braken. He reserved his ruling.

 

[9] On NOVEMBER 30TH, 2010, Justice Braken released his Reasons. Finding the City’s section 1 argument reasonable.

 

[10] On JANUARY 19TH, 2011, I submitted a Notice of Application for Leave to Appeal and given Appeal’s Court File No. 38760. An application to extend the time to appeal was also submitted. Hearing set for FEBRUARY 14TH, 2011.

 

[11] David Shebib submitted a Notice of Application and an Application to Extend the Time to Appeal on JANUARY 31ST, 2011 and given Appeal’s Court File No. 38771.

 

Part II: A statement of the points in issue

 

[12] Those who’ve not the means to afford sleep during the day have their section 7 right to the liberty of being presumed conscientious perpetually violated, as their section 7 right to life is restricted to night only.

 

[13] The City maintains that the suspension of this right as reasonable. Suggesting an affirmation by the Oakes Test by demonstrating the issue as a ‘pressing’ concern and believing a democratically elected City Council has the authority to prioritize the luxury  (as there is no dire, life maintaining, necessity) of parks over the right of people to provide sleep for themselves, conscientiously, during the day.

 

[14] My co-appellant, David Shebib, and I maintain the suspension of the right to conscientiously provide one’s self with sleep during the day as unreasonable.

 

[15] The City has provided affidavit testimony from two emergency shelters suggesting there are as many as 30 beds available throughout the day.

 

[16] We, my co-appellant and I, provided an exhibit of the most recent homeless count, which was also relied upon by both parties in the ADAMS ruling, showing a reliable indication that the number of homeless far exceeds the number of emergency shelter beds (1242 homeless and unstably-housed vs. a maximum of 281 emergency shelter beds, which include the 110 mats that are available when the Extreme Weather Protocol is activated- see REPORT OF THE GAP ANALYSIS TEAM exhibit A, page 7 of the appeal against our convictions File No. 145835-1). We, therefore, treat the City’s affidavits as redundant.

 

[17] Justice Braken erred in ruling the City’s section 1 assertion valid, as beyond the electoral understanding of homelessness as a ‘pressing concern’, there was no reasonable demonstration of attempting Charter compliant alternative. As there could be no alternative of testing it otherwise, the onus is on the City to prove tent-zones as an unreasonable response to the condition of homelessness. Justice Braken was made aware of untried alternatives, yet ignored them.

 

Part III: A brief statement setting out the reasons why leave should be granted, which statement should state the position of the party regarding the following:

 

(a)           the importance of the proposed appeal generally and to the parties;

 

[18] Generally, the whole of section 1 is criminal in thinking justice can be detrimental to the keeping of peace, just as the second determining factor in the Principles of Fundamental Justice is when it suggests truth could be determined by vote (eg. (2) The principle must be vital or fundamental to societal notions of justice.).

 

[19] Once known, to not challenge the City’s assertion would make one an accessory to their, however naïve, injustice, as well as to the more broad notion of any level of government acting as if psychotic behaviour could be an option.

 

[20] It would behoove everyone to imagine that corporate concerns must take a back seat to matters of justice, no matter the cost, lest we trade our future for an addiction to comfort.

 

[21] Having our freedom to sleep affirmed would end homelessness.

 

(b)           the utility of the proposed appeal in the circumstances of the parties;

 

[22] The correction of the City’s naïve, yet long held, policies of public sleeping, through correction of law and the remedy of special cost for the propagated effects of these policies.

 

[23] I could rest knowing this right need no longer be fought for.

 

[24] Homeless people who find themselves exhausted in the morning can know they do not have to wait until night to sleep.

 

[25] Tent-zones, being seen as a right, will take their place above emergency shelters. Which is to say, if staying in a tent-zone is unreasonable for someone then they would still have the option of the emergency shelters.

 

(c)           the prospects of success of the proposed appeal;

 

[26] Pending its approval and/or the sky falling, guaranteed. The City’s prejudice against tent-zones is clear. They’ve showed no interest in finding an alternative that is Charter compliant.

 

Part IV: The nature of the order requested,

 

[27] The City’s Bylaw preventing the conscientious erection of temporary abodes during the day should be made of no force or effect.

 

[28] The City should present any proposed Bylaw or Bylaw amendment, having to do with the erection of temporary abodes, to a Supreme Court Master for Constitutional scrutiny.

 

[29] The City should provide the remedy of special cost to reflect, both, the effort to attain this Appeal’s Court affirmation, and the effect of having their Charter violating policy for so long.

 

[30] As per the effort, and as per my Charter protected right to not use money, it is the City’s responsibility to provide me with non-refundable Gift Cards, Gift Certificates, or if possible otherwise, non- refundable lines of credit (with offers of up to 25% extra to secure the ability, which, if its not secured, then to pass the equivalent worth to the next item in line) in the form of:

 

The equivalent of one hundred thousand dollars from each of these establishments:

 

Thrifty Foods

Save on Foods

Real Canadian Superstore

Canadian Tire

Fairway Markets

 

The equivalent of fifty thousand dollars from each of these establishments:

 

RONA

Petro Canada

ESSO

Walburn’s Grocers

Red Barn Market

Slegg Lumber

Capitol Iron

Sears

Future Shop

The Office Depot

Dell Computers

Pharmasave

Shoppers Drug Mart

London Drugs

Market on Yates

Mountain Equipment Co-op

 

The equivalent of twenty thousand dollars from each of these establishments:

 

Boston Pizza

Jeune Bros Tent and Awning

 

The equivalent of fifteen thousand dollars from each of these establishments:

 

Robinson’s Outdoor Store

Chapters

Speedpro Signs

 

The equivalent of ten thousand dollars from each of these establishments:

 

Whitespot

SG Power

Mark’s Work warehouse

Firestone Tire & Automotive Services

 

The equivalent of seventy five hundred dollars from each of these establishments:

 

Flight Center (Mayfair Mall)

West Marine

 

The equivalent of five thousand dollars from each of these establishments:

 

Green Cuisine

the Beehive Wool Shop

Eddie Bauer

Reckless Bike Stores

Island Blue

KATA Martial Arts Supplies

Canada Post

Seed of Life

BC Ferries

Old Morris Tobacconists

Island Outfitters

 

The equivalent of twenty five hundred dollars from each of these establishments:

 

Hemp & Co

Starbucks

Serious Coffee

Tim Horton’s

Subway

7-Eleven

Mac’s

QV’s cafe bakery

OPUS Framing & Art Supplies

Ocean River Sports

Earth & Fire Pottery Studio

Bell

The Mac Pros

Paul’s Motor Inn

Ocean Island Inn

The Original Christmas Store

Bean Around the World

Vista 18

BC Ferries Experience Cards

 

The equivalent of fifteen hundred dollars from each of these establishments:

 

Lotus Pond (on Johnson)

Games Workshop (on Johnson)

Curious Comics (Johnson)

Noodle Box

E & N Rail

Greyhound

Pacific Coach Lines

A&W

The Running Room

Seven Valley Fine Food & Deli

Spinnakers’

Ali Baba’s

Self- Heal Herbal Centre

Sooke Harbour House

 

The equivalent of one thousand dollars from each of these establishments:

 

Rocky Mountain Chocolate Factory

Dutch Bakery and Coffee Shop

Sookjai Thai Restaurant

Best Buy Convenience

Taj Mahal

Ocean Garden Restaurant

Don Mee Restaurant

Seventeen Mile Pub

 

As well as 2000 Transit Bus tickets, adding the sum to just over one million five hundred thousand dollars equivalent of non-refundable credit.

 

[31] As to the effect of having their Charter violating policy for so long the City should acquire the property on Hillside, between Blanchard and Quadra, known as ‘the field at CanWest University’ (or its equivalent) and give it to me while zoning it as residential and agreeing to pay all bills and taxes which may incur for a maximum of seven years. They will also pay all business contracts involving landscaping, geo-testing, brick fencing, two custom all-weather durable and practical washroom/picnic area things, hydro and plumbing hook up for a house, a house made of 6-8 converted shipping containers professionally sided. After the seven years the land will be returned to the City as a park with a succinct covenant put together to ensure the place’s sanctity.

 

//////////////

 

k-much love,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, February 14th, 2011: 'til Friday

 

-

 

Court was work today... fun and professionally. I was given leave to file a Notice of Motion for Leave to Appeal. By Friday. The 18th. David is going to talk to a lawyer before proceeding.

 

I had been preparing in the days leading to today for the potential of having to have the next step's paperwork ready by then. I should have things ready to be submitted for Wednesday or early Thursday.

 

I'm gonna send my completed forms (so far) as attachments, just because. If yer not receiving this by email, nevermind...

 

I'm no longer including the specifics of my suggestion for Remedy in my 'Memorandum' and I tweaked it and am really happy with it.

 

k-love y'all.

 

me,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, February 15th, 2011: Stay on target. Stay on target.

 

-

 

Maybe found out I was instructed to fill out forms that didn't need to be filled out- re: as it is, we automatically have the right to appeal and there is no need to apply for 'Leave to Appeal'.

 

I've completed a Form 7- Notice to Appeal and will be submitting it on Thursday morning, pending fuckery (as always).

 

After that I've 60 days to put together a Form 9...woo hoo. An Appeal Record that includes all the stuff.

 

I take consolation in the fact that the people who're tasked with the spin-doctory 'leading' of David and I through this court process have been lead by us to think they had to lead us in the first place... if you catch my drift.

 

Patience be with me... a part of me really hopes that they deny my appeal--- it'll take much less energy just to die.

 

in defined fog,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, February 17th, 2011: appeal filed

 

-

 

So, 60 days from today to get-

 

(1)  The appeal book shall be bound separately in a volume having a blue cover and shall be in Form 4 and comply with the requirements of that form.

(2)  The transcript shall be bound separately in a volume having a red cover and shall be in Form 5 and shall comply with the requirements of that form.

 

David currently has a separate file and the City seems like it is going to oppose it from getting 'Leave to Extend' the time needed to file further.

 

Getting the transcripts is always touchy as I have to use the transcripts that David gets... its stressing for him, mostly because of the monopoly that exists in transcribing court documents added with the requirement to have them to Appeal. And I need them ASAP because they can take up to a month to be ready after being ordered.

 

60 days is not long. I'll hope to have as much done as I can as soon as possible.

 

peace... much love... There should be a magazine article or two, a play, a screenplay and the book out soon, as well. Kinda exciting.

 

k.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, March 2nd, 2011: book release party

 

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'The Right To Sleep : The Occupation of St. Ann's Academy' book release party is scheduled for Wednesday, March 16th, 2011. A 'wine and cheese' event featuring classical pianist Shoko Inoue, who'll be playing selections of Bach and Beethoven. The public are welcomed and encouraged to treat it as a potluck. Located across the road from the turn-off for the Center of the Universe Observatory, at 5090 West Sannich Rd, Victoria, BC. Set to commence at 7:00 PM. Parking along the road.

 

It looks so very cool. There are a couple uses of the word endeavor around the beginning that I'll re-edit for the second run. David just gave me the unbounded sample. The cover is awesome. The back is cool. All professional-looking... I may be giddy... Mom has an enjoyably quaint intro, and David is generous in his forward.

 

Other stuff about the book will be able to be read in an upcoming Monday Magazine article.

 

The City has yet to respond to my Notice of Appeal, which was filed on Feb. 17th. Seems, officially, they have 10 days to respond lest they become presumed by the Court 'to take no position on the appeal'. I'll be finding out more tomorrow... its not like the City has ever tried to sneakily ef me before or anything... we'll see.

 

k- love you all. I'm very excited. Dreams have been quite adventurous and cool.

 

me,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, March 9th, 2011: food gathering and Monday Magazine

 

-

 

Good article in MONDAY Magazine this week. With a good plug for the book. Apparently I'm "Victoria’s favorite homeless advocate". The article can be found online as well at- http://www.mondaymag.com/articles/entry/the-week-march-10#comment-form . I commented there about my 'fiscal relationship'.

 

There has been lots of excitement about the Book Release Party. It would be really appreciated if food gatherers would keep this event in mind... its only 7 days away. David is also open for party coordination experts to come and play, as well. Signs and streamers and such.

 

I invited the Mayor of Esquimalt... that would be cool...

 

The appeal proceeds. Should be able to get paperwork submitted next week... then there is 30 days to put the factum/argument together... woo.

 

k-Love y'all.

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, March 14th, 2011: Notice of Constitutional Question

 

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Filed Notice of Constitutional Question this morning. Now I'm required to deliver copies to, both, the Attorney Generals of BC and Canada. I'll fax them if I have to... I'll hunt down BC's office here in Victoria and deliver that one by hand... pretty sure it doesn't need to be registered mail, as it is just a copy of something that has been filed in the Court registry and can be confirmed easily.

 

The MONDAY Magazine article has been very cool. Everyone I've met downtown has asked me about the book. The party looks to be exciting. David is nervous about enough people showing up... I tend the opposite... that is, I think parking might be a fun problem... so far people can get books by contacting David (Shebib) at 250-818-1992 or his email, ShebibD@Yahoo.Ca . There is a copy at the downtown library and they are also available at Spiral Cafe in Vic West (418 Craigflower Road).

 

Alright. Much love. The party is going to be an event and should be fun... something to dress up for... but don't feel you have to.

 

Please repost this plug-

 

///////////

 

'The Right To Sleep: The Occupation of St. Ann's Academy' Book Release Party

 

featuring classical pianist Shoko Inoue playing selections of Back and Beethoven,

 

along with rolling poetry from various local artists, musicians, dreamers, schemers, travelers, nine-to-fivers, bleeders, singers, and poets for some good old honest revelry far into the night with beautiful wilderness as backdrop.

 

Starts at 7:00 PM. Wednesday, March 16th, 2011.

 

5090 West Sannich Rd. (across from the Center of the Universe Observatory turn-off)

 

PUBLIC WELCOMED

 

PLEASE TREAT AS A POTLUCK

 

////////////////

 

k, me,

 

David Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, March 17th, 2011: post party

 

-

 

My dreams tell me the next thing is the metaphorical (or not) equivalent of a forum at the university. I can see that. The book's quality carries a worthiness to be required reading in any number of courses. Law, philosophy, sociology would all stand exposure to it.

 

The party was fun. The spirit moving beautifully. Thick, at times. A lesson in letting go of expectations and just being free. Good connections made. Many people proving their 'dearness'.

 

So, next thing is finishing the Appeal Record. I have until April 18th to get it in, though I'd like to get it in ASAP. Notice of Constitutional Question has been sent off to the two AG offices. I have 30 days, after submitting the Appeal Record, to submit the factum (the argument, in detail). So far, I've no obligation to serve anything else on the City as they failed to respond within the 10 day limit given once the Notice to Appeal has been filed. I still must prepare the documents for the court.

 

alright. Love you all as much as you can be loved,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, March 21st, 2011: submitting Form 9 tomorrow

 

-

 

Pretty happy with the Appeal Record... looks all pro and stuff... bit of running around. They're ready to go for tomorrow morning. Then I'll have 30 days to get the 'factum' ready (Form 10... the concise argument...). May have it done in the 2-3 week range.

 

The City has yet to respond to the Notice To Appeal, with a Form 2 response, within their 10 day limit, or at all. The rules do state that I've no need any longer to serve any documents on the City until they can get a Justice to acknowledge their response. I'll not have concern but for filing the appropriate forms for the Court.

 

k,

 

me

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, April 12th, 2011: finishing factum

 

-

 

Ok. Couple of official things.

 

Got an email from the City's lawyer today. A .pdf copy of Braken's Order, which we've been waiting for for a while. I'll have to submit it with the Factum, I guess. It also means my conditions from Blake's conviction get reinstated, which means I'll go into probation tomorrow to say hi and get instruction on whether or not I need to schedule a hearing to have the conditions 'stayed' until the Appeal is heard.

 

Interesting on the City, as I've yet to get instruction on whether or not the City takes issue with the Appeal. The City IS aware. I served them a copy of the Notice to Appeal. They gave me a 'Recieved' stamped copy of the first page of that Notice to Appeal. The Appeal's Rules state-

 

"IF YOU INTEND TO PARTICIPATE in this appeal, YOU MUST GIVE NOTICE of your intention by filing a form entitled “Notice of Appearance” (Form 2 of the Court of Appeal Rules) in a Court of Appeal registry and serve the notice of appearance on the appellant WITHIN 10 DAYS of receiving this Notice of Appeal."

 

Which they did not do, within the 10 days, or at all. The Rules then stating-

 

"IF YOU FAIL TO FILE A NOTICE OF APPEARANCE

(a)           you are deemed to take no position on the appeal, and

(b)           the parties are not obliged to serve any further documents on you."

 

So, that's that. I have copies for them if they want.

 

I'm happy with the Factum/Argument. I'll be attaching it on the updates that get sent by email, otherwise I'll be putting them on my site. The first half being the opening, which has no page numbers and the second half being the body, which is numbered. A word or two may change by the time I submit it (tomorrow or the day after, I presume).

 

I've still to learn what a Certificate of Readiness' is. Apparently you need one to get a trial date.

 

Patience be with us all. May the universe soon inspire a noticing of the grand absurdity and therefore open the way to imagining the reality of Heaven-on-Earth/freedom. Patience, truly, be with us all... in the face of all panic... patience be with us.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, April 15th, 2011: couple more official things

 

-

 

Firstly, its actually still sort-of Thursday... its just after midnight.

 

I submitted the Form 10 Factum today, along with the supplement addition of Braken's Order to the Form 9 Appeal Record.

 

Also, found out that I was naively (truly) misdirected... not so much of an 'inconvienience', just had to 'remember to breathe' for a second. Essentially, this case is an appeal from a Summary Conviction so it follows a thing called the 'Appeals Court Criminal Appeals Rules', and not the 'Appeals Court Civil Appeals Rules', which I had been proceeding with. Filling out the same stuff that the other rules ask for (Reasons for Judgement, and such) so at the next hearing I am requesting it be taken as such. I've been told by the Vancouver Appeals Court Registry that the next sitting of an Appeals Court Chambers Justice (? is that right... anyhoo) in Victoria is on May 9th. I'll find out for sure tomorrow when I submit this next form (Form 3, Civil Rules... which I'll be sending as an attachment to the email updates).

 

It will be then, as well, that I'll serve the City both, the Form 9 Appeal Record (and its supplement) and the Form 10 Factum. Along with a copy of this new Civil Rules Form 3, which contains a note informing the court of the particulars of the stage this case is at. The City had filed a proper response after the initial filing of an 'Application for Leave to Extend the Time to Appeal' and needed not to respond, again, after my submission of the Civil Rules Form 7 Notice to Appeal.

 

So, I'm hoping tomorrow I'll know the next court date (May 9th). Then, I'll busy myself until then. Mayhaps the City will want a hearing before then, I don't know. I do know I'll be asking, not only for Leave to Appeal, but also for a date for trial, as I am ready to proceed.

 

David Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, April 15th, 2011: this one is more for me

 

-

 

Everything went as it should. Funny that, after they tell me that I have to fill out Criminal forms, they had me redo my Criminal Form 3 into a Civil Form 3... I mean, really.

 

Anyhoo, hearing is set for Monday, May 9th, 2011 at 9:30 AM. I also served the City with their copies of stuff.

 

Might not write again for a bit unless the City does something....

 

anyhoo, onward to May 9th.

 

me

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, May 3rd, 2011: residual karma

 

-

 

Dear Universe,

 

Is this what a prayer is? Through this campaign there have been moments of romance. One of them led to my daughter and another leads to my next kid. Whatever judgments one may have of me, whether it is understood or not, it is best for all, including my kids and their mother, that I finish what was started when this campaign began... even and especially if it means I only get to be less than the 'rock' of support that I would otherwise be. I've been going up for weeks at a time separated by weeks at a time here, dealing with court. I know what I do provide is greatly appreciated, it is the uncertainty and inability to be depended on to be there for the birth of the next child, that leads to my call, now, for whatever residual karma I might have to be directed towards the mother of my kids.

 

Patience be with us all. The hearing is next Monday at 9:30. I look forward to meeting the City's new lawyer, Robert Peterson. I've received an email from him which was a nice polite reminder that if I lose the appeal the City will put 'costs' on me. I told him to have absolutely no concern about any costs occurred on me.

 

Alright, I love you all,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, May 9th, 2011: simple enough

 

-

 

Didn't get to meet Robert. Troy showed up. The case continues. I've been getting redundant instruction from the Vancouver Registry... anyhoo. Now waiting for the City to get its response in. They have 60 days... no, 30 days... no, 60 days... no, 90 days... no, wait, its 60 days... to respond. Then the trial date will be set. I'll get more exacting information soon. So maybe we'll find out when the appeal is going to happen mid-June.

 

k-love,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, May 25th, 2011: some book news

 

-

 

Morning.

 

People can now get a copy of the book (The Right To Sleep: the Occupation of St. Ann's Academy, ISBN 9780986525476) at MUNRO'S Books ( http://munrobooks.com/default.aspx ) on Government Street.

 

Other than that I'm still waiting for the City to play the proverbial 'ball' by submitting its argument. Then we can get that trial date.

 

cheers and much love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, May 27th, 2011: got the City's argument

 

-

 

The 'RESPONDENT'S FACTUM' was registered May 16th and David just got it in the mail yesterday (I'm seeing it for the first time right now), the 26th.

 

I'll go to the Registry Monday morning and see what happens next. I'm guessing a hearing will be scheduled to get a trial date, or maybe, miracle upon miracle, a  trial date could be set right then... we'll see.

 

It (the City's argument) is pretty much what could be expected. Pretty simple, actually. The City has no case because the onus is on them to demonstrate public tenting zones as an unreasonable non-section 7 violating response to houselessness (public tenting zones being, officially, a reasonable suggestion because of the public's right to be presumed innocent of).

 

I've conjectured that a win in this case is having the trial at all. They're job is to shuffle and delay it as long as possible. My job is to continue being this juggernaut of patience that I've become. It is best to have the trial as soon as possible rather than constantly 'trying to make a better argument' because the cavalier reality is if I'm going to be starving to death in jail it is better sooner than later, oh and of course the other reason- that people are suffering because of lazy fearful fuckers that need to be held accountable... I digress.

 

I'll give two months of 'reserve' time after the trial for the Justice's to release their Reasons before pressing the matter. I will not be going to Ottawa for this... I may go to Ottawa on the Canadian Tent City Tour but that is neither here nor there right now.

 

Interestingly, the City named David (Shebib) as a party to the case. We weren't expecting that.

 

I expect I'll write again on Monday. Much love all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, May 30th, 2011: might be big

 

-

 

Troy is taking the case back from Robert, who'm I've never met.

 

The 'RIGHT TO SHELTER DURING THE DAY' APPEAL (CA38760, Victoria Registry) will be heard by the Appeals Court of BC at 10:00 A.M. on MONDAY, SEPTEMBER 19TH, 2011 at the VICTORIA LAW COURTS in Victoria, BC, Canada.

 

I'll attach mine and the City's Factums to the email version of this update, in case people might be interested in the two arguments, otherwise they can be viewed on my home page (below).

 

I'm sure I'll write before September. I dreamt about that a couple nights ago- I was in jail and was getting out on Thursday, which was 4 days away. I was very much like 'Ah. Frak. I don't want to wait 4 days' then reminding myself 'its just four freaking days'.

 

Patience, very much, be with us all.

 

You can tell real ninjas by their wings.

 

Peace.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, June 7th, 2011: closest thing to a promise

 

-

 

Conjecture and resolve.

 

September 19th seems so far away. So many things that could happen. I promise if I do not show up it is because I am dead or otherwise incapacitated (eg. strapped to a table in some dark basement with tubes feeding me nutrients I refuse to voluntarily ingest, Martial Law or radioactive earthquake, etc...).

 

If there is any who've means or opportunity I really could use some love and support supporting and loving my new kid and his/her mom. Especially if I am destined to never see them again after the appeal.

 

peace and much love,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

I Haven't Used Money for Seven Years, Today

 

-

 

I probably have written an article on this day every year since that fateful afternoon. June 27th, 2003. Maybe they've said, already, mostly what I'm about to say.

 

In the last seven years the entire world has gone through a total mindfuck of delusion where most of the people are starting to see it for what it is, and many, as well, becoming exponentially adamant about justifying psychotic behaviour to survive in what could be called 'God's Great Test'. The knowledge of the universal parameter that evolves people into their superheroness being carefully tucked away on the other side of the fear of death. How exciting!

 

7 years of not using money. I am well loved. Surprisingly sane-ish if you ask anyone, sans concern of my 'preacher of fate' character and my messiah complex. Generally, I imagine I'm more sane than most people would expect someone to be under these conditions. In truth, I have had this whole 'legislated freedom' thing and all of the brilliant intrigue it has brought to help pass the time, so maybe my circumstance is rare and complex to define. I've enjoyed most significant karma... people make friends easier when they know you'll never jack them of their dough... which is also funny because my actions have directly cost people a lot of money.

 

It feels like an important day for me. A symbol of the day I was given the 'how'. Most of the time I don't think much about it... not using money has never really been an issue beyond being happy to be an example of that basic fact.

 

Tomorrow is the anniversary of my enlightenment. June 28th, 1997. When I saw truth for what it was... it is also my birthday... it is also the Governor General's birthday, who, I was happy to hear, is also named David Johnston (did you know that one of his titles is 'Commander-in-Chief of Canada'?).

 

The two best words for any true philosopher are fate and patience. In them is enough to save the world and your sanity. Patience be with you.

 

in loving the whole, whole loving, and hugging the whole universe with your invisible angel wings,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sunday, August 7th, 2011: workshop at anarchist bookfair

 

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The Right to Sleep Workshop is scheduled for Sunday, September 11th at the Victoria Anarchist Bookfair (Saturday and Sunday, September 10th and 11th, at Fernwood NRG Community Hall, 1240 Gladstone Ave, Victoria, BC).

 

This is a general write-up that was given the organizers(in quotes)-

               

"(The Workshop will include) A concise history of the 'Right to Sleep' campaign including an update on the coming appeal in the Appeals Court of BC (see The 'RIGHT TO SHELTER DURING THE DAY' Appeal- http://www.facebook.com/ev​ent.php?eid=23004455700799​5 ) that presumably will lead to the striking of the Corporation of the City of Victoria's ''daytime anti-tent' Bylaw and the initiation of public tenting zones/tent-cities in every municipality in Canada/the Commonwealth.

 

There will be focus on Charter Law, specifically the section 7 right to life, liberty and the security of the person, and Government's use of the section 1 exemption to ignore said section 7 rights 'in the best interest of Canada'.

 

There will be philosophical meanderings on the topic of fate and the necessity to cultivate a cavalier attitude towards mortality in asserting the breaking of the monopoly on sleep.

 

Copies of both the City's and David Johnston's (mine) arguments for the upcoming appeal will be made available. They can also be viewed here-

 

The City's argument- https://www.angelfire.com/a​pes/hatrackman/cityfactum.​htm

 

David Johnston's argument- https://www.angelfire.com/a​pes/hatrackman/myfactum.ht​m "

 

other than that... everything continues to progress perfectly... *The wind does not blow randomly. The grass it shakes, shakes exactly as it must. Each person's conclusion in the now can only be what it is. Each person's character in the now can only be what it is. The character only being able to do what that character's experience will let it.... I say there is no choice because there is no choice. Patience be with us.*

 

cheers,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, August 11th, 2011: made a couple videos

 

-

 

The first is God (a concise explanation of the universe)- https://www.youtube.com/watch?v=sQeJ_Vz_WFo

 

and the other is

 

The Holy Poo (a test designed to provoke an emotional response)- https://www.youtube.com/watch?v=0s327Q4K2wE

 

cheers and love,

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Saturday, August 20th, 2011: more workshop info

 

-

 

Hey. So the 'Right to Sleep' Workshop at the Anarchist Book Fair (Book Fair runs Sept. 10th and 11th at the Fernwood NRG Community Hall, 1240 Gladstone Ave, Victoria, BC) is slated for Sunday, September 11th at 11:00 AM. Set to be about an hour long.

 

The big 'RIGHT TO SHELTER DURING THE DAY' appeal (CA38760, Victoria Registry) is still scheduled to be heard by the Appeals Court of British Columbia at 10:00 AM on MONDAY, SEPTEMBER 19TH, 2011 at the VICTORIA LAW COURTS in Victoria, BC, Canada.

 

In other news, if there's any extra karma out there, the mom of my two kids could use some serious support. Get a hold of me if you're so inclined.

 

cheers and peace in this exponentially crumbling society (will the 'Right to Sleep' be determined in court before Martial Law is enacted?... so exciting!),

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, September 14th, 2011: Adams 2

 

-

 

David and I went into court Monday morning to see whether or not he would be attached to this appeal. He was given a chance to further his own appeal after the ruling comes out for mine. The most interesting thing that happened was that the Appeals Court Justice referred to this case as 'Adams 2', showing he knew enough about the case to see the humour of the absurdity of it getting to this point. It reveals a lot.

 

So, here we go- MONDAY, SEPTEMBER 19TH, 2011. 9:30 AM at the Victoria Law Courts. The Appeals Court appeal that will strike the City's current 7-7 anti-tent Bylaw and forge a most notable step towards the inception of free public tenting zones in every city in the Commonwealth.

 

Peace and long life.

 

Cheers,

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, September 19th, 2011: happy with how appeal went

 

-

 

Short and sweet. Succinct. Apparently, I'm a peer to the Crown... the Justice's will come back with their ruling sooner than later.

 

Everyone who was there will be really happy they've had such close association to this case.

 

In the joyous confidence of facing the unalterable and unknowable future,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, September 20th, 2011: a summary of the big day

 

-

 

I've been contemplating and conjecturing non-stop since the appeal. Mostly just going over it again and again, focusing on seeing the scenario through the eyes of everyone involved. Me winning is absurd, yet imaginable. Of course my mind wonders along the fantastic... country kid leaves Alberta to have crazy adventures that result in him becoming the richest non-money-using guy ever. Patience be with me... its more fun to imagine 1.5 million in non-refundable gift cards than it is to imagine dieing of starvation in jail.

 

The rest of this summary is mostly a little blurb I threw together for Monday Magazine (which comes out tomorrow)-

 

Today was really something else. 3 Appeals Court Justices hearing the reasoning behind their responsibility to strike the City of Victoria's '7-7' anti-tent Bylaw.

 

I began by explaining how I understood how it is true that 'the Crown can do no wrong', and that, in this case I, myself, was acting as a facet of It. Knowing criminal charges cannot be brought against It, I was there to correct a naivety that had gotten out of hand.

 

I explained to the Justices how the City was not qualified to be given a 'section 1 exemption', the point in Law where government can be granted authority to sanction Constitutional violation (ex. Martial Law and the War Measures Act). That the previous BC Supreme Court Justice (Justice Braken) erred in finding the City's section 1 argument valid because the City had not demonstrated effort to find a non-Charter violate response to the phenomenon of people sleeping in public, even after being given the suggestion of public tenting zones (a reasonable consideration given every citizen's right to be presumed innocent).

 

I explained to the Justices how the indignancy of this life depriving Bylaw was worse than the actual fact that it is a life depriving Bylaw.

 

The City acts as if they cured their original 'absolute prohibition' on erecting temporary abodes by allowing people their right to do this during the night. In their minds, an absolute prohibition during the day is not an absolute prohibition.

 

The Justices reserved their ruling and I expect it to come out sooner than later. They know fundamentally what they must do- strike the Bylaw, suggest that the City might want to consider the inception of public tenting zones if they want to do something about the tent-communities that will birth of their own accord while, again, there is no regulation, and award me reciprocity of the effort it has taken to bring the 'Right to Sleep' campaign to this point.

 

My argument can be viewed online at https://www.angelfire.com/apes/hatrackman/myfactum.htm and the City's at https://www.angelfire.com/apes/hatrackman/cityfactum.htm .

 

Alright. Have beautiful days.

 

me,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, October 3rd, 2011: videos and ebook

 

-

 

Its funny. I'm having consideration on whether or not to announce that the book, The Right To Sleep: the occupation of St. Ann's Academy, has been formatted and posted on Amazon. Quoting Louise, the print editor, "It takes Amazon another 24 hours to actually make the book live and downloadable. They have to review it to determine if it is pornographic, racist, etc. etc. before it actually becomes a 'live' book."

 

Do I have to talk about how its not my book and I continue to stand without using money? Its Shebib's project. I told him he could do anything he wanted with anything I've ever written and he's running with it.

 

I'll attach a picture of the cover.

 

I've also some video, provided by the people who organized the Victoria Anarchist Bookfair, of the workshop. I've cut and tweaked it a bit:

 

History of the Victoria 'Right to Sleep' Campaign in 10 Minutes- http://www.dailymotion.com/video/xlfgsc_history-of-the-victoria-right-to-sleep-campaign-in-10-minutes_travel

 

Conjecture on Legal Tent Cities (3 min)- https://www.youtube.com/watch?v=47KSrcorX9c

 

Knee is effed. May have to consult an expert. Using a cane and wondering if I'll ever be able to sit cross-legged again.

 

alright. Have good days. Patience be with you.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Saturday, October 8th, 2011: The Harsh Medicine of David Arthur Johnston

 

-

 

Is there reasonable cause, beyond delusional egoism, that one would develop a habit of speaking of one's self in the 1st person?

 

I'm happy with the article Monday Magazine put out (second article of The Week — Oct. 6- http://mondaymag.com/articles/entry/the-week-oct-6/ ). I'll put it here for posterity's sake:

 

"You wrote in the second paragraph- The current bylaw, which attests that anyone may set up shelter in park

spaces between the hours of 7 p.m. and 7 a.m., has some obvious limitations.

 

Actually, Danielle, it is the 'Adams' Charter ruling (2008) that attests people's right to provide shelter for themselves during the night... it is the same ruling that attests the same right during the day. It is the City's Bylaw restricting the use of tents during the day that is in contravention. The City's appeal of 'Adams' (2009) only resulted in the Appeals Court affirming the right to erect shelter during the night. They did not deny or affirm the right to do so during the day. The City remains in a state of violating the Charter (a nice way of saying 'psychotic') AND in Contempt of BC Supreme Court Justice Ross' Reasons for Judgment."

 

Other than that, I just noticed the the 2 month time limit on officially waiting for the Appeals Court justices to come back with the ruling lands on the same day as the municipal election. I feel this is very funny, as I'm going to be doing it (pending a timely release, which in one case would have me just getting arrested earlier) whether or not people are convinced I'm being a media-whore in the middle of election hub bub.

 

Anyhoo, much love,

 

I

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, October 18th, 2011: whirlwinds

 

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Let's see... where to start?

 

So... there's this giant 'Occupy' campaign going on and I was invited to speak at a gathering on the Legislative lawn last Saturday that ran from 10-1. I spoke well. I, emboldened, articulately and humbly and lucidly, talked about how we're all going to starve to death and that there was still no excuse to rely on psychotic behaviour. I think some people we're happy with the honesty.

 

There seems to be tents gathering at Centennial Square, though I'll not associate myself with them. For a few reasons: I cannot stand under the banner of 'We Are The 99%', and the next tent-city I'm going to live in is going to be sanctioned and Charter-recognized. I trust there are good smart ones there and I wish them all coolness, ultimately all arrests necessary for the furthering of legal proceedings have happened... up to this point. Nothing strategic is being served for getting arrested for violating the Bylaw at this time. I continue to wait for the Appeals Court Justices to get back with their Reasons for Judgment or until the 19th of November.

 

In other news, David has been busy. I'm just going to put the Youtube link ( https://www.youtube.com/watch?v=NLAJQJxFo58 )... its almost too much to explain.

 

alright. Onward to the future.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

Patience be with me. The appeal was dismissed.

 

-

 

I'm going to smoke, talk to a couple people and breath for a moment, then head down to Centennial Square to do what must be done (might be a couple hours from now). The is no hope for the Courts. It would be best if everyone now heads down to Centennial Square to assert their right to not have to be forced to pay rent. This is it. Patience be with each of us. Patience be with me. I've attached a copy of the 'order' to the email version of this update.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sunday, October 23rd, 2011: an attempted summary

 

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I last wrote when I received an email from the City's lawyer, Troy DeSouza, informing me that the appeal was dismissed. There has been a few interesting things since then.

 

A couple of hours after getting that mail I had manifested a tent and started setting it up under the sequoia at City Hall. I was arrested before I finished erecting it. Held in City cells overnight, taken out to Wilky to appear on video-court, the next morning. Went well. Conveyed to the judge how the Appeals Court Reasons made known that every court under them was as equally without credibility. The newspaper said it was a tirade... anyhoo. The judge adjourned sentencing a day because of my 'unreasonableness'. Went into court the next morning. Was released by a sheriff around 11 oclock, saying the the Crown had lost a file or something.

 

Afterwards I found out that the file was not lost, but the Crown had given the City the opportunity to enact a re-arrest at any point until my injunction is up in mid-December. How dramatic! The City gets to pretend it has my life in its hands. What's the story of 'the sword of Damocles'? The news label me an 'Occupy' protester and discount the news of the dismissed appeal.

 

I went back down to City Hall/Centennial Square. Awesomeness abounds. Given a tent. Set it up under the sequoia. Been there since then. Much learning going on by many people.

 

The Appeals Court does not recognize the right to sleep during the day as Charter protected. As Neil Young said "We're finally on our own."

 

I wrote a scathing article about Fortin and the Appeals Court being NAZIs. I may get rid of it.... replace it with a nicer press release thingy. Jonathon is right. Swearing is dumb.

 

Alright. Get down and check out the tent-city... it seems to be working. Capacity and livability will be an issue.

 

I need a top of the line 11' screen laptop.

 

David (did facebook save the world?) Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, December 5th, 2011: Dear Canadian 'Occupiers'

 

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I was released from Vancouver Island Regional Corrections Center (VIRCC... otherwise known as Wilky) yesterday morning at 6 AM. It was a beautiful morning. Dark. Still. A chill, but not too cold. And then I see my friends walking towards me. It was beautiful.

 

I've conjectured much about what I wanted to first say, as an update, upon my finishing my 40 days in jail, fasting, for breaching a condition to not erect a 'temporary abode' anywhere within Victoria at any time.

 

I had the news on the inside. I watched it all go down. Across the world, here and the US. Here, was interesting.

 

It seems most of eastern Canada is unaware of their Charter protected right to, conscientiously, erect tents on any Canadian municipal public access space, during the night (because of ridiculous corruption and spin-doctoring the right to sleep during the day has yet had enough evidence presented to show that people sometimes need to sleep during the day... that's being worked on and has a hearing set to be heard in January to attempt to begin an appeal in the Appeal's Court of BC that would demonstrate the necessity of having the right to erect tents during the day protected by the Charter, under section 7, the right to life. Help will, and would be, so, so, appreciated. This one is, officially, David Shebib's show. Give him a call at 250-818-1992).

 

It is true that each province may have to have someone to challenge these laws, though the challenge is made easy. Even a layperson can do it, all the heavy work has already mostly been done. Ultimately, it will be scorned with much vehemence, though that's why we're warriors... patience be with us.

 

OK. Firstly you'll want to go to your closest Supreme Court Registry (generally, at the Courthouse, from what I've seen) for whatever province you're in. I've found the people that work in this office are very helpful and very human. YOU got to remember that YOU will take all the time in the world that it takes to get this process done and appreciate, fully, that these are busy people. They will direct you a few different ways. Many might get their first hearing scheduled then. The hearing to see if you should be taken seriously. You may be given a booklet of some sort on initiating Supreme Court challenges to government policy. And you will be expected to submit a Notice of Constitutional Question to both, your province's Attorney General and the country's.

 

So far, I've found, I've seemed to have to get arrested a lot to prime the pump, sometimes. Challenging Bylaws as a 'defense'.

 

The two big things you'll need are:

 

The Reasons for Judgment from the 2008 BC Supreme Court 'Right to Erect Shelter' Trial- http://www.courts.gov.bc.ca/Jdb-txt/SC/08/13/2008BCSC1363.htm

 

The Reasons for Judgment from the 2009 BC Appeals Court 'Right to Erect Shelter' Appeal- http://www.courts.gov.bc.ca/jdb-txt/CA/09/05/2009BCCA0563.htm

 

Websites for provincial Supreme Court rules and forms will differ. As in, in Alberta the Supreme Court is called the 'Court of Queen's Bench'. The Notice of Constitutional Question forms will mostly look all the same, maybe with differing form numbers.

 

If you are going to do it you may as well take the liberty of covering the daytime/nighttime stupidity before your municipalities grab onto it.

 

... other than that, I'm exhausted and very happy. I've a hope to make an update video, something nice. Something with some of what I said here and also a little empathic about the thick and borderline nauseating spirit over the subconscious need of refugee camps coming to fruit then being dismantled by those who refuse to see the death of the 'first world'; those who've deluded themselves into thinking that psychopathic behaviour isn't psychotic if it is in the name of survival.

 

Its good. A lot of people are in a state of shock right now. The 'Right to Sleep' is not a legislative thing. It is a judicial thing. You have a right to life. You need sleep to live. Never let anyone say that Victoria 'allows' camping at night. It is your Charter protected right that they cannot deny... legally. And lest David's hearing in January is tossed the 'daytime' nonsense will be dealt with in full haste... pending martial law, tidal waves and aliens... if his thing is tossed then its time for good people to go to jail.

 

in peace and love, and adult diapers,

 

me

 

David Arthur Johnston (the other Governor General)

 

Victoria, BC, Canada

 

PS: I've a lot of emails to go through.

 

PPS: Just remember Harper works for the Crown. He wishes he could be Hitler. Over 22000 recorded abuse claims from old natives that, when they were kids, were raped by demonic old men in robes. That's not an accident. The monster pretends to own the land because it ordered the systematic rapes of every Indian child it could get a hold of. And taxes is its blood. It has almost had enough time to repent. Patience be with us.

 

 

St. Ann's update- Tuesday, January 3rd, 2012: honesty

 

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Hey. In less then 2 weeks I'll find out if I'm going back to jail. I am betting I am.

 

The usual. 40 plus days, then some sort of application to have me 'committed' so as to make it legal to strap me to a table and put tubes in me to keep me alive... have no doubt that if I don't eventually die in jail I will die because of complications resulting from the experience there.

 

It is very important to note that whether or not David (Shebib) presents a professional level argument (on whether or not he should be allowed to proceed with his appeal of the 'no tents during the day' conviction) it would not be because of lack of lawyering knowledge that he is not successful. The Crown is the psychotic killer and I am putting myself in their line of fire. Sometimes martyrs are very necessary. If I am about to die I hope some will transcend the need to look for excuses to not give me full due consideration, that is to say, I would only hope that some may consider fate with a measure of divine gusto.

 

Patience be with each of our egos.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, January 5th, 2012: David's court date

 

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Apparently, David (Shebib) has his court date scheduled for MONDAY, JANUARY 9TH, 2012 at 9:30 AM. The courtroom should be listed on the main bulletin board.

 

Seems he has gotten a lawyer and is guessing an adjournment will be likely. We'll see.

 

Peace,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, January 9th, 2012: hearing adjourned

 

-

 

The Appeal's Court Justice is taking a week to research David's case to see if it legitimately can be worthy of be given an 'extension of time' to file an appeal application. They'll inform David when the time comes... I'll give them 2 weeks... I imagine it will be sooner.

 

So, not in jail for the moment. We'll see what happens within 2 weeks.

 

much love, peace and cheers,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

PS: I'm sending a copy of the journal as an attachment... never know, them unpredictable mass electromagnetic storms can mess with digital information storage...

 

 

St. Ann's update- Saturday, January 21st, 2012: letter to kids

 

-

 

Tyler and Oleander.

 

Mostly I envision this as being written for Tyler, as she is not a baby any more. I also envision this being read by her years from now... maybe when she is 10 or 12.

 

There has been much concern and conversation regarding what I seem potentially about to do and how it will effect you. How I am likely about to go get arrested again and very likely starve to death in jail.

 

What can I say, honey? It is very hard on your mother to have the father of her children be horribly smart. The world is crazy. I'm sure you've noticed by now. I don't know if I'm going to go get arrested tomorrow, the next day, next week, next month, next year, or never.

 

Many people will tell you that it was all about tents and tent-cities. That is only a part of it. Its about truth, plain and simple. To live in the world as it is means people cannot be 'all the way' smart. All the good people you know and love have to be a little bit bad to survive, they think. I'm here to tell you that there is an alternative to being a slave... the problem is that the whole world will hate you for being an example of what they are so afraid of... do not waste your time hating it back. Be too smart for hate.

 

People will also tell you that I said patience a lot. You may have seen monks or priests by now and I'm sort of like one of those. And patience is much more than what most of the people you know think of it. Patience is the tool you use when you live a life where you would rather be dead than panic. You will see in time the true power of patience... that is, if you're not taken away and brought up to believe in lies and blame me for my 'bad choices'.... which brings me to the next point. The highest truth of the universe... the reason why many pass me off as crazy and why your one grandmother told you I was broken.

 

Fate. Maybe to understand this most basic law of the universe we must first pass through a phase of thinking otherwise. I grew up average. I once was quite convinced that the future was made by 'choices' made in the present. Then through observing I saw that there were those who respected truth, and I saw they were awesome. Truth is just what it is. Philosophy and religion try to define it and sometimes try to own it but it exists regardless of what anyone thinks or wants to think. Oh, yes, fate, that's what I wanted to talk about. It means that the thoughts you are thinking right now are the only thoughts you could have because that's where your history has led you... and it is the same for everyone. It means everything. It means there is no such thing as evil and no true reason to hate anything. It means pride is completely delusional and anyone saying otherwise really doesn't know what they are talking about.

 

Having me for a father is very likely going to feel like a curse sometimes. Not only do you get to come to love me a whole lot and I end up going and dieing on you, you also get to have all the people who are afraid of me hoping you don't follow in my footsteps... so know this now- the devil is just a part of God that does not like the fact that nothing happens but by the one will (some people say God's will, but understand there is nothing but God... yer God, kid... just like everything... and God has the singular limitation- It cannot not be God... yes, some of the things I say need rereading, though there is no thought too big for your brain if you put your mind to it).

 

Patience baby. Be mindful.

 

The truth is yours. Always will be. I love you and your brother very much.

 

Dad

 

 

St. Ann's update- Thursday, January 26th, 2012: find out tomorrow

 

-

 

So... David finds out tomorrow whether or not his 'application to extend' will be accepted or denied. If denied I'll go get arrested on Monday at Centennial Square. If accepted I'll have to busy myself until his appeal is heard... I imagine I'll help put together some of his paperwork. Essentially, he must either have to find evidence of people needing the option of being able to sleep during the day and that the 'emergency shelters' cannot accommodate the need, or find the experts from 'Adams' who said that sleep is necessary to live and shelter is necessary for sleep to say it stands during the daytime as well.

 

Interesting point. I love Cathy and Irene very much. They put together a concise argument that won the acknowledgment of the Constitutionally protected right to provide one's self with shelter. They worked very hard. It has occurred to me that their award of $350,000.00 was mainly for securing the two experts. I wonder how much effort David would have to exert to get the same experts to comment on the City's 7-7 anti-tent Bylaw.

 

The other day I was attacked by a nervous and spiteful little woman whom, I imagine, had to build herself up to confront someone who she falsely believed was a fraud (me). I've come across this before- there are those who lie about me and those who find it easier to believe those lies than to give me due consideration. I forgive them all, of course. It makes for interesting practice.

 

Cheers. I make quite a practice of not conjecturing too much about the possibility of not going to jail... I am wary of teasing myself.

 

Research FEMA train cars ( https://www.youtube.com/watch?v=vBO24iVVw-4&feature=related ).

 

Peace and patience,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, January 27th, 2012: application dismissed

 

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Love you all. As far as I can see, I am going to go get arrested on Monday at Centennial Square. Probably around noonish.

 

Patience be with us all. May your love of truth shine like it has never shined before. Patience be with you.

 

in the same fate that controls your every movement and thought,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, March 16th, 2012: It has been busy

 

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Jail is what it is, was what it was. Moving slow. 90 year old body. Again.

 

Been wanting to write an update for a bit, just getting to it now. Seems there has been an alternative found that will not see me feeling bound to return to get arrested right away again.

 

In a couple of months I am going to commence The 2012 'Municipal Public Tenting Zone' Cross-Canada Speaking Tour. Its been the only thing I've been working on since being released Tuesday morning. I've not slept more than 8 hours since.

 

Made a poster and put everything on Facebook a couple days ago... 24 hours ago? Anyhoo... The idea being to get a minimum of 10 venues booked, across Canada, in populated places and discuss the notion of there being a 'Path to Charter-protected and Constitutionally Compliant Municipal Public Tenting Zones'. The main idea being that each province will have its own processes of filing Notices of Constitutional Question and what better way to get to the heart of the matter is to go and get face to face with those who'll be doing the leg work.

 

I've given myself 3 weeks to compile shows before redoing the poster into its printing stage. After that, promote it. Aim to leave mid-May to June and be done within 2 months. Will be hitchhiking with a borrowed 'smart' phone so as to keep an online, and current, video record of the adventure. There are about 10 copies of The Right to Sleep left and I'm taking them all, to give one at each venue to whosoever brought the coolest potluck meal and/or dumpster score.

 

I'll attach a picture of the poster. Other than that go check it out on Facebook ( http://www.facebook.com/#!/events/187986701314980/ ). If you know of anyone across Canada that might be willing to assist with this could you point them in this direction. The donation of gift-cards will not be argued with. I'm going to fix up a picture of a map of Canada with suggested 'best' dates to aim towards in the scheduling cities. I haven't been to the mainland in over 11 years... it will be like returning with all my new superpowers all-practiced-up. I am excited.

 

Also saw that BChannel put something up about the arrest. Pretty happy with it- http://bchannelnews.tv/?p=13260 . MONDAY printed something on my release as well. Which was nice to see.

 

I will be given a Dell Inspiron 1501 if I can find a power cable for it... that is to say, if any of my friends could find a power cord for it???

 

Well. Much love to you all. There is a little bit of video from walking out of jail- https://www.youtube.com/playlist?list=PL9B983413C28573F5&feature=mh_lolz

In peace and patience,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sunday, March 25, 2012: more PiPBoy magic

 

-

 

The majority of this update has been written by the PIPboy as I dictate to it. I will go back and edit because it doesn't know where to put punctuation.

 

I'm pretty excited about this whole tour thing. Traveling across Canada with this magical machine and this truly honorable mission. I've been working really hard at getting it all organized. I know many people across the country and there has been much effort to help out spreading the word to find people to find venues and to find people to do some legwork putting up posters and such.

 

I've come a long way in the last 12 days or so since being released. I feel really good, sometimes forgetting I just finished fasting for 40 days. Only remembering when I try and take two steps of the time.

 

I've formulated a bit of a wish list- I would like a nice water bottle and I would like a sturdy umbrella (P.S. a pocket tripod and a sturdy coach's-type stopwatch iPhone 3gs case could prove to be very useful, as well). I would also like a top-of-the-line solid-state 11.6 inch laptop. Something smaller than what I have now, which is a bit luncky for hitch-hiking across Canada. I know. I know. Thing is, I really like my laptop, even if it is a bit older. I've grown to flow with it nicely... and it is nice to have a normal size screen... I digress...

 

The following quote I captured by taking a picture of it and then putting it through an 'app' on the PiPBoy which converts photos of text into actual text. Under that is the same paragraph that's going to go through another 'app' that translates 50 different languages (half of those with text AND speech... a perfect hitch-hiking device). See if you can tell what languages-

 

"All the world wil be your enemy, Prince of a Thousand enemies. And when they catch you, they will kill you. But first they must catch you; digger, listener, runner, Prince with the swift warning. Be cunning, and full of tricks, and your people will never be destroyed."

 

"Tout le monde wil être votre ennemi, le prince des Mille ennemis Et quand ils vous attrapent, ils vous tueront Mais ils doivent d'abord vous attrapez;... Pelle, de l'auditeur, le coureur, le prince avec l'avertissement rapide Soyez rusés, et plein des trucs, et votre peuple ne sera jamais détruit."

 

"Celý svet wil byť tvoj nepriateľ, princ z tisícky nepriateľov A keď sa ťa chytiť, zabijú vás Ale najprv musí chytiť ťa týždeň. Bager, poslucháč, bežec, princ s rýchlym varovanie Byť mazaný, a plné trikov a vaši ľudia nikdy nebudú zničené."

 

Alrighty... Depending on the access to my contacts list I may or may not do this entire update from PiPBoy.

 

I love you all I'm really thankful to those who've started putting a lot of effort into helping me out with this whole 'saving the world without being goaded into a bloody revolution' thing.

 

In peace and patience,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Tuesday, April 10th, 2012: could use a hand for a second

 

-

 

Good morning all.

 

I've been working on a few things. The priority now is prepping for the Tour (I'll include the new poster in as an attachment). I'm sliding towards plan B as far as securing venues is concerned... that is to say, I'm open to any sheltered outdoor venue that cool people may occasion... I'll be going through the massive contact list to see about that. Volunteers to put up posters isn't going to be an issue. Global notoriety seems to be progressing famously, a couple out of province interviews already.

 

I've made the first in what I presume will be a series of Wasteland Survival Tips videos ( https://www.youtube.com/watch?v=g-iUm2jHMAc  )... thinking cardboard houses next... along with etiquette advice on dumpster diving and hitchhiking...

 

Been making great strides in reduxing Love and Fearlessness on the PiPboy... MUCH has happened since the Oct 2008 ruling. I've been ruthless in hacking and slashing every extraneous second. to make room for all the new stuff (which I've had to hunt down on the net)... the only issue, so far that I've found about editing an hour and a half video on an iPhone is that the processing and rendering take a bit of time. Other than that, I've been learning so much and am very happy. I love my job. I love being a ninja.

 

Got an 'app' for the pipboy called PipClock (for free through a promo on Facebook- some may not be impressed, though I've been looking for a way to get this app ever since I got the pipboy... its sort of like the metaphorical equivalent of a Legionnaire flight ring)... I'll be keeping a journal through it and forwarding entries to my new Wasteland Survival Web Log group on Facebook ( http://www.facebook.com/groups/410174558993259/ ). Its freaking AWESOME. Join the group so as to not miss out on any random wisdom about surviving in a post-apocalyptic world.

 

I've a favour to ask of all of you- help me get some venues in the cities and at the times on the map... the venue doesn't need to be somewhere special... just within walking distance of whatever downtown core, and hopefully sheltered. I'll work on contacting 'occupy' people, though, even though they have a facebook site for every city in the world, a lot of the time it is only manned by 1 person and my requests could slip by.

 

Alrighty. Love you all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Saturday, April 14th, 2012: Wasteland Survival

 

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Wasteland Survival: Tips and Web Log- http://www.facebook.com/WastelandSurvival

 

Finished video tip #2 a couple days ago and hope to have #3 and #4 up by tonight.

 

Got a venue in Calgary. Happy with that. Posters will start going up there soon.

 

Been hard at it. Still could use some help with other venues (Vancouver, Regina, Toronto, Montreal and Quebec). Even just good ideas about town squares and such. Will only need it for an hour or two. And once the venue is confirmed then volunteers are much easier to get for putting up posters.

 

Monday Magazine has an article in this week's edition. Did a really good interview with a newspaper from Edmonton. There has been a lot of stuff... I don't seem to do anything but prepare...

 

The redux of L and F is also coming along... there is some stuff an iPhone editor cannot do- I hope any quality lost will be forgiven when it gets posted online.

 

Was kicked down an awesome little sleeping bag for the tour. Am in the process of making a felted hippy iPhone case for the PiPboy. Still have a bit of a wish list- an umbrella, iPhone 3gs screen protectors, 11.6" screen laptop powerful enough to be a mobile editing studio (what the kids call a 'gaming' laptop... will trade this 15" screen Dell and offer 4 hours of labour), and a hat of some sort.

 

Cheers. Check out the Wasteland Survival link. It is going to be sticking around... I imagine I'll be updating it with more frequency than I do the St. Ann's updates (don't be jealous, there's room for everyone).

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Saturday, April 28th, 2012: progress on Tour prep

 

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Been wondrously busy. I'll put links at the end.

 

k- first. Tour stuff. Finished the Tour poster which now includes times and places of venues (attached in .jpg and .doc versions and here- http://www.facebook.com/photo.php?fbid=356129434435679&set=a.355835431131746.80468.342932969088659&type=1&theater ). Integrated them into a Google Map thingy where people can zoom right down and see exactly where I'm going to be ( http://g.co/maps/qcbu7 ). The poster will start going up in all of the venue cities within the next couple days. Tidied Facebook stuff with event page and overview ( http://www.facebook.com/notes/david-arthur-johnston/overview-of-the-2012-municipal-public-tenting-zone-cross-canada-speaking-tour/10151395247790394 basic copy of over view here- https://www.angelfire.com/apes/hatrackman/TourPrelim.htm ). The Wasteland Survival: Tips and Web Log page on Facebook is going to be the primary repository for Tour documentation ( http://www.facebook.com/WastelandSurvival ) and video tips (which can also be viewed on their youtube playlist- https://www.youtube.com/playlist?list=PL25B2D329B4000E47&feature=view_all ... though, I am hoping for more 'likes' on the facebook page if you want to watch them there).

 

Finished Wasteland Survival Tip #7: Your True Ninja Self

 

Shebib has been having Sunday dinners and everyone is invited. Set for 4 PM.

 

Wishlist still stands- a sturdy umbrella, iPhone screen protector, iPhone wall charger, iPhone wrist brace, comfy light shoes, a hat and an 11.6" screen 'gaming' laptop (will trade my Dell 15" screen laptop... on that note, I'm still really could use a more stable power cord for a Dell Inspiron 1501).

 

Feel free to forward and distribute the poster (attachments include .jpg and .doc versions), and the Google venue map and Facebook Wasteland Survival page links.The garnering of 'global notoriety' doesn't stop and can use all the help it gets (AKA how is your international social network and do you know any famous people?).

 

PS: got a letter from the other David Johnston (the GG). seems he is too busy to do tea with me when I reach Ottawa on June 23rd. I invited his secretary out to go dancing for that evening (St. Jean the Baptist day).

 

PPS: Hey, P. Gill. You once told someone that I'd make a good Sikh if I didn't smoke... God told me to tell you that you'd make a good Sikh too if you valued truth more than your life.

 

Alrighty. Love you all.

 

In humble refinement and augmentation of the ego,

 

me,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, May 7th, 2012: Tour Intro Video

 

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Easy as pie. It only takes 8 and a half hours to make a 2 and a half minute long video.

 

I'm pretty happy with it. I'm hoping it'll impress the right people and get shared.

 

The Municipal Public Tenting Zone Tour Intro Video can be viewed on Youtube ( https://www.youtube.com/watch?v=LIWtzsPBMAM ) or on Facebook ( http://www.facebook.com/photo.php?v=361910150524274 ).

 

Other than that, I'm going to be contacting all the volunteers and letting them know that is time to start postering.

 

On Thursday I have the radio interview at UVIC, which I'm hoping will be rebroadcast at a couple or three stations in Ontario, Quebec and Nova Scotia.

 

I'm not worrying about recruiting a travelling partner... that is, I'm not actively seeking. It occurred to me that I'll be travelling by whim and I'll feel weird if I want to get up at 2 in the morning so I can walk the road through the mountains. It would be wonderful if I could serendipitously find someone moved by the same inspirations, though I'm quite content to do this tour on my own.

 

I'm not taking the Dell. It is too heavy. I want to trade it for something smaller so I can have something other than the PiPboy as a mobile editing station... we'll see. The 'wishlist' right now is- a pair of shoes (all I have is old Velcro sandals), a hat (ideally a white ball cap with the 'vaultboy' logo embroidered on it, though any functional hat would be nice), and a sturdy umbrella.

 

Alright. Love you all.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Saturday, May 12th, 2012: radio interview mostly

 

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I had a half hour interview Thursday with Janine Bandcroft of CFUV 101.9 FM, University of Victoria, BC. I'm working on getting it rebroadcast. I'm pretty happy with it. Its quaint and important. If you listen to it pretend you haven't heard of anything having to do with the 'right to sleep' before.

 

I'll include a link to the program's weblog which has it archived, front and center, though it includes another segment apart from mine ( http://wp.me/p13CyL-ts ).

 

The only way people will be able to survive into the future is when they become too smart to panic.

 

Peace and patience be with us.

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, May 23rd, 2012: prepped and ready

 

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Hey. Hola. Good morning.

 

June 1st is quickly arriving and I presume I'll not do another St. Ann's update until I get back. I invite people to maintain a watch on the main Tent-City Tour website at http://www.facebook.com/WastelandSurvival . The video log entries are also available to view on Youtube at https://www.youtube.com/playlist?list=PL67DCC831FE9BA705&feature=view_all .

 

Did want to mention that my grand plan on the mobile re-edit of Love and Fearlessness is put on hold. Not because of it being done on an iPhone but because editing is a grueling process for an hour and a half documentary.

 

The wish list right now consists of a pair of shoes and a wall charger for the iPhone (essentially the only reason I'm taking my Dell laptop at this time is so I can charge the pipboy--- and the Dell is a burden that presumably will equal blisters). Oh, and an umbrella. I could really use an umbrella.

 

Alrighty. Love y'all. Time to go all ninja on this 'country'.

 

Peace and patience,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, June 22nd, 2012: in Ottawa

 

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Hola. Just wanted to drop a note. I've been very busy with the tour. Making updates and videos and linking them through facebook ( www.facebook.com/WastelandSurvival ) and uploading the videos to youtube ( https://www.youtube.com/playlist?list=PL67DCC831FE9BA705&feature=view_all ).

 

I'm really happy and sore and stuff. Very much treating it sort of like being a professional tourist.

 

I love being a ninja.

 

Cool. Love you all. Even non-facebook members can view that page.

 

k bye,

 

me

 

David Arthur Johnston

 

Ottawa, Ontario, Canada

 

 

St. Ann's update- Friday, July 20th, 2012: end of tour results

 

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So, done the tour. I've commented and pieced together 'end of tour' video log entries, so I'm not going to digress to doing again here beyond referencing a link to the main repository at www.facebook.com/WastelandSurvival or the Youtube playlist at https://www.youtube.com/playlist?list=PL67DCC831FE9BA705&feature=view_all .

 

The most recent developments are an article in the Newfoundland & Labrador Independent ( http://theindependent.ca/2012/07/20/you-gotta-fight-for-your-right-to-sleep/ ), and the news that people in St. John's have taken steps towards challenging the Constitutionality of their anti-tent Bylaws.

 

Also put together a little video for Dean Fortin and Danny Williams- https://www.youtube.com/watch?v=pLHVfwZcU5Q .

 

Cheers and coolness to you. I'm about to head back to Vic which, I imagine, will take about 3 weeks-ish.

 

Alright. Love you all.

 

me,

 

David Arthur Johnston

 

Pasadena, Newfoundland - Labrador, Canada

 

 

St. Ann's update- Thursday, August 9th, 2012: so many little stories

 

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In Ottawa now. On the way back. Should be in Vic in 2 weeks +.

 

Been writing so much already. Have been really inspired and learning a lot with the idea of an 'immersive digital historical walkthrough' of the goings on with the Occupation of St. Ann's Academy (it is in the very beginning stages though this is what it looks like now- http://goo.gl/maps/E5FOm ).

 

Might do an interview with researchers from U of Alberta. They're putting together a report called "Occupy and the Law" about the relationship between the 'Occupy' and the notion of property law.

 

Gonna post a bunch of links for all the tour stuff and such. I'll be continuing to post entries at the Wasteland Survival facebook site.

 

Alright. Love you all. Leaving Ottawa on Sunday-ish. Aim to get to Calgary/RedDeer in 6-8 days after that. A couple3 days there, then a couple3 days to Vic.

 

Patience be with us all. K-bye. Love you.

 

Me,

 

David Arthur Johnston

 

Ottawa, ON, Canada

 

The Journal of the Occupation of St. Ann's is online at- https://www.angelfire.com/apes/hatrackman/welcome.htm . An 8ish year account of the 'Right to Sleep' campaign and its most unusual 'success'.

 

There is an eBook version of David Shebib's publishing of said journal (the intro, general tweaks and corrections, and the existence of a few more entries being the only difference between it and the hard copy... the intro is good and can be read in Amazon's preview option- http://www.amazon.com/The-Right-to-Sleep-ebook/dp/B005S4FUTO#reader_B005S4FUTO

 

Primary repository of campaign documentation (worth getting a Facebook account for)- http://www.facebook.com/WastelandSurvival

 

Tour Overview (good general summary of where the campaign is at, judiciously and politically)- http://www.facebook.com/notes/david-arthur-johnston/overview-of-the-2012-municipal-public-tenting-zone-cross-canada-speaking-tour/10151395247790394

 

Tour Intro Video- http://www.facebook.com/photo.php?v=361910150524274

 

Youtube playlist of the Cross-Canada 'Municipal Public Tenting Zones' Speaking Tour Video Log Entries- https://www.youtube.com/playlist?list=PL67DCC831FE9BA705&feature=view_all

 

The Tyee.ca's reprint of an article out of the Newfoundland & Labrador Independent.ca- http://m.thetyee.ca/News/2012/07/26/Tent-City-Speaking-Tour/#.UBHlvmtXucA.mailto

 

Youtube playlist of the 2008 Victoria Daytime Tenting Fiasco- https://www.youtube.com/playlist?list=PL2CDBE20D871BAFCA&feature=view_all

 

Love and Fearlessness, the documentary of the events leading up to the 2008 BC Supreme Court ruling, can be watched here- https://www.youtube.com/playlist?list=PL35DCB8E06AFB1CBA&feature=view_all

 

Youtube playlist of 'Wasteland Survival Tips'- https://www.youtube.com/playlist?list=PL25B2D329B4000E47&feature=view_all

 

 

St. Ann's update- Sunday, August 26th, 2012: updated police and courts encounters list

 

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Police and Courts Encounter List (as of Sunday, August 26th, 2012)-

 

Sunday, January 25th, 2004- held for 5 days without pleading- charges dropped (I don't remember the charge).

 

Not far after Feb. 1st, 2004- arrested for obstruction of justice and assault by trespass. Trial set for March 25th, 2004. (I breached this UTA and it was dropped- I figure I'm learning).

 

Friday, March 5th, 2004- trial confirmation- 'crown' stays the assault by trespass.

 

Thursday, March 25th, 2004- 'crown' stays the obstruction of justice.

 

Friday, March 26th, 2004- throw me in back of car, and release me in front of police station.

 

Sunday, March 28th, 2004- arrested for contravening the 'Properties Control and Management Bylaw No. 416(2)'... released without conditions and told to be in court for the 30th of April (when I showed for that there was no record of my need to be there).

 

Monday, March 29th, 2004- arrested for Assault by trespass (they try to get me to sign a condition to not sleep on any private property in Victoria- I refuse and they release me with charges dropped).

 

Tuesday, March 30th, 2004- arrested for breach of peace, released in morning.

 

Wednesday, March 31st, 2004- arrested for breach of peace, released in morning.

 

Thursday, April 1st, 2004- police come, then leave.

 

Thursday, April 15th, 2004- security guard tells me the 'crown' has no intention of arresting me.

 

Friday, April 16th, 2004- (maybe the night preceding) Arrested for breach of peace, released in morning.

 

Friday, April 23rd, 2004- (maybe the preceding night) the first night for the 'not letting me sleep' security guards.

 

Sunday, April 25th, 2004- police take my flutes and blankets, no ticket or badge numbers.

 

Sunday, May 9th, 2004- arrested for 'breaching a condition' for a charge that had been dropped. Charge was cleared and I was released.

 

Tuesday, May 11th, 2004- arrested for breach of peace, release very early.

 

Friday, May 14th, 2004- arrested for breach of peace, released in morning.

 

Saturday, May 15th, 2004- arrested for Assault by Trespass', charge changed to breach of peace, released in morning.

 

Monday, May 17th, 2004- police came in morning, arrested me and dropped me off outside of city limits (past the Jubilee Hospital on Foul Bay road).

 

Tuesday, May 18th, 2004- arrested for breach of peace, released in morning.

 

Wednesday, May 19th, 2004- police come in morning, 'arrest' me (no rights reading or anything)- cuffs on- drive out to the Town and Country Mall (about a 40 minute walk away) which is outside of city limits and drop me off- they suggested that next time they will take me out to the Malahat (a highway far out of town- maybe about 20KM away).

 

Monday, May 24th, 2004- police came in morning, arrested me and dropped me off outside of city limits (past the Jubilee Hospital on Foul Bay road).

 

Saturday, May 29th, 2004- police are called and say they are not responding.

 

Friday, July 9th, 2004- police come, arrest me, then drop me off at Finlayson Road (out of city limits).

 

Sunday, July 11th, 2004- get a police driven tour of Dallas Road (ocean side) to a golf course (where Dallas road turns towards Oak Bay), and a pleasant walk back on a clear starry night.

 

Wednesday, August 4th, 2004- police came and found me and my friend getting ready to sleep- in as much condescending and presumptive stance they could be in they 'arrested' us for 'breach of peace' and drove us out to Shelburne and Lansdowne (SP?) (about an hour's walk back).

 

Friday, September 10th, 2004- friend and I are sleeping, police come at request of security, then leave, leaving us there.

 

Tuesday, November 4th, 2004- Arrested for 'Assault by Trespass', next morning charge changes to 'Mischief' (due to my inspiration to get arrested for anything A.K.A. spreading cardboard house around their backyard). Plea date set for Nov. 19th.

 

Friday, November 19th, 2004- trial set for Dec. 21st. trial confirmation on Dec. 8th.

 

Wednesday, December 8th, 2004- all ducks in row for the trial.

 

Tuesday, December 21st, 2004- plead not guilty to the Mischief. Found guilty. Sentenced to conditions (a no go to St. Ann's for 6 months and probation). I do not sign conditions and return to St. Ann’s that night.

 

Tuesday, December 21st, 2004- arrested for breaching the condition of the conviction. Signed UTA (Undertaking To Appear: an agreement to not to back to St. Ann's until the breach trial).

 

Wednesday, December 29th, 2004- found guilty of breach, sentenced to 1 day in jail (5 hours in court cells).

 

Wednesday, December 29th, 2004- 2nd arrest for breaching condition of conviction. Released in morning after signing a UTA to return to plea on the 6th of January (2005).

 

Thursday, January 6th, 2005- plead guilty. Sentencing day on January 13th.

 

Thursday, January 13th, 2005- sentenced to 3 days in jail (1 day- re: 2/3rds time for good behaviour).

 

Sunday, January 16th, 2005- 3rd arrest for breaching condition of conviction. Signed UTA to return on Jan. 21st.

 

Friday, January 21st, 2005- sentenced to 7 days in jail (4 days).

 

Thursday, January 27th, 2005- arrested for 4th breach of condition of sentence. Signed UTA to return for Feb. 11th.

 

Friday, February 11th, 2005- sentenced to 7 days in jail (4 days).

 

Wednesday, February 16th, 2005- arrested for 5th breach of condition of sentence. Sentenced the next day with 14 days in jail (10 days).

 

Monday, February 28th, 2005- arrested for 6th breach of condition of the conviction. Sentenced next morning to 30 days in jail (20 days).

 

Monday, March 28th, 2005- arrested for 7th breach of condition of conviction. Signed UTA to not return at least until April 25th.

 

Monday, April 25th, 2005- plea date set for May 9th.

 

Monday, May 9th, 2005- trial date set for September 23rd, 2005. trial confirmation date set for August 23rd.

 

Friday, September 23rd, 2005- judge to give verdict on Oct, 25th, 2005. I continue to honour undertaking, while others begin tent-city at St. Ann’s.

 

Tuesday, October 25th, 2005- I was found guilty of 7th breach of Mischief conviction. Returning to court on Oct. 28th to be sentenced.

 

Friday, October 28th, 2005- ridiculous conditional sentence (community hours and such)… almost like it was designed for me to breach. Also, police came and stole a whole bunch of tent-city stuff. Not arresting anyone because after their stuff was stiolen they were no longer violating the injunction at Cridge Park (which the St. Ann’s tent-city had moved to a couple weeks previous because of an injunction there).

 

Saturday, October 29th, 2005- I was arrested for ‘Obstruction of Justice’ for stepping on a tarp at the courthouse lawn. To return to court for this on Dec. 29th, 2005. 2 others were arrested for ‘Assault by Trespass’. Returned to St. Ann’s and was arrested for breaching the breach. Spent 8 days in jail. Lawyer got 7th breach conditions held off until the appeal which is to happen March 8th, 2006.

 

Sunday, December 4th, 2005- arrested for putting wood in burning barrel (‘Obstruction of Justice’) on gravel soccer field in Beacon Hill park where a new tent-city was being proposed. To return to court Dec. 12th to plea. One condition of release was “Do nothing to aid, abet or promote any breach of the peace and comply with all directions of any peace Officer or Bylaw Officer." Kinda weird.

 

Monday, December 12th, 2005- plead ‘not-guilty’ to both obstruction charges. Couthouse lawn fiasco will be heard on Jan. 9th, 2006. Burning barrel will be heard on Feb. 17th, 2006.

 

Monday, January 9th, 2006- date moved to Feb. 3rd, 2006.

 

Friday, February 3rd, 2006- found guilty. ‘Red zoned’ from 4 different parks. Judge exclaims that “everyone is afraid of anarchy”. Many revealing moments. I sign no conditions and leave. I have no intention of treating the courts or crown with any authority, any longer. Do not report to probation anymore.

 

Sunday, February 26th, 2006- arrested again.

 

Wednesday, March 22nd, 2006- released from 3 weeks of fasting in jail. Don’t know what I was charged with only that I had returned to St. Ann’s. Could be one of any number of possible charges.

 

Sunday, April, 2nd, 2006- returned to St. Ann’s.

 

Friday, April 21st, 2006- just released. Again, don’t really know on what charge the arrest was based. Did 18 days in seg. fasting.

 

Monday, May 1st, 2006- returned to St. Ann’s. Released 8 days later, agreeing to not go back to St. Ann’s, at least, until I officially present my case to the Victoria police (just so I can say I took that step). Again, don’t know exactly what charge I violated.

 

Tuesday, June 27th, 2006- returned to St. Ann’s. released next day after signing condition to return to Alberta.

 

Tuesday, July 4th, 2006- returned to St. Ann’s to give myself up because I cannot adhere to the condition I signed on the 28th of June. Sentenced to 90 days and 120 days to be served consecutively.

 

Wednesday, August 9th, 2006- released on bail after fasting 36 days. Sentence appeal will happen Oct. 16th. Agreeing to not return to St. Ann’s while a charter challenge is in process (challenging the city’s anti-camping bylaws). Will find out exact date soon. I expect to adhere.

 

Tuesday, September 12th, 2006- ... The Charter Challenge is scheduled for a nine day trial starting September 4th, 2007.

 

Monday, October 16th, 2006- Took most of the day. Crown was merciless. Judge is saving his ruling until Friday (Oct. 20th) at 1:30PM.

 

Sunday, October 22nd, 2006- hearing for ruling adjourned.

 

Tuesday, October 24th, 2006- The judge is set to give his ruling at 1:45 PM on Friday (Oct. 27th).

 

Saturday, October 28th, 2006- 1 night at Wilkinson to finish the sentence for both charges. It was taken down from 210 days to 56 days. So, I'll hold off on St. Ann's until September and the Charter Challenge.

 

Monday, August 13th, 2007- The judge denied the city's application for a permanent injunction and ordered the city to pay 'costs' to the lawyers (Catherine and Irene) for wasting their time.

 

Wednesday, September 5th, 2007- city attempts discontinuance of Charter Challenge. The 'master' (seemed astute enough) is going to give his ruling on Friday morning.

 

Friday, September 7th, 2007- The court denied the city its 'discontinuance'.

 

Monday, September 10th, 2007- Charter Challenge set aside until Sept. 12th to determine if a summary trial is appropriate. Attourney general’s office joins with the city in attempting to stave off the Charter Challenge.

 

Friday, September 14th, 2007- false arrest at St. Ann’s for violating the permanent injunction that is on St. Ann's until 2008 (what does permanent mean again?). They take me to the copshop and leave me in the car. Meanwhile they've told my friends that they will be able to see me on Monday when I would go in front of a judge... so they all leave. Police drive me back to St. Ann's because the injunction doesn't go into affect until 11:00 PM.

 

Wednesday, October 10th, 2007- The trial is tentatively scheduled for January 22nd. The province is going to try and strike the whole thing in court on October 30th and 31st because of a technicality.

 

Tuesday, October 30th, 2007- We didn't even get to the point where the province tried to drop it because the city lawyers 'needed' to ascertain the definition of 'abode' from the city council and they need to wait until the next council meeting to see if abode means cabin or tent... I know. I know.

 

Saturday, November 17th, 2008- city determines ‘abode’ to mean tent, tarp or cardboard structure.

 

Tuesday, November 27th, 2007- The Charter Challenge set for 10 days was to happen January 22nd, 2008. Now, with agreement on both sides the time needed is shortened to 5 days, making the NEW DATE for the CHARTER CHALLENGE to be on JANUARY 27th, 2008.

 

Wednesday, January 9th, 2008- the Provincial Government of BC is brings us to a BC Supreme Court judge to attempt a discontinuance of the 'Right to Sleep' Charter Challenge. One of the 'crown' lawyers got sick so the discontinuance application has been postponed, probably until next week. Our lawyer also said that it is likely that the main trial, (pending our success at the province's attempt to squash it) that is scheduled for Jan. 28th, could very well be postponed as well... until late spring/early summer.

 

Wednesday, January 23rd, 2008- The province's attempt to discontinue the case has been set for 2 days during the week of FEBRUARY 18th, 2008. The 'Right to Sleep' Charter Challenge has been rescheduled for a 5 day trial beginning on JUNE 16th, 2008 (pending our success in Feb.).

 

Tuesday, February 19th, 2008- Unfortunately, there is no judge available again today.  This happens from time to time.  The Trial Coordinator tells us that the courts all over the province are extremely busy this week. So, we continue the waiting game.  We'll keep you posted.

 

Monday, February 25th, 2008- discontinuance attempt is set for 2 days in the week of MARCH 3rd, 2008.

 

Thursday, March 6th, 2008- The 'Right to Sleep' Charter Challenge will proceed (excepting martial law or alien attack) as scheduled on JUNE 16TH, 2008, for its five day trial.

 

Monday to Friday, June 16th to June 20th- Right to Sleep Charter Challenge. Justice Ross reserves her ruling.

 

Monday, June 23rd, 2008- false arrest at St. Ann’s for breaching a condition that hasn’t existed since Oct. 2006.

 

Tuesday, October 14th, 2008- Madam justice Ross rules "... In these circumstances I have concluded that the course that is most appropriate is to grant a declaration that the Bylaws are of no force and effect insofar as they apply to prevent homeless people from erecting temporary shelter."

 

Friday, October 17th, 2008- myself and 4 others are arrested for Obstruction for not complying with the new 7-7 tent policy (video of arrest- https://www.youtube.com/watch?v=mXm_27i4lnw  ). First appearance set for Nov. 28th, 2008.

 

Tuesday, October 30th, 2008- set up under the tree in Centennial Square. Was arrested with 3 others the next morning passed 7:00 AM. Very amatuer instigation by cops. Spent 6 days in jail. trial to be set Nov. 12th, 2008.

 

Wednesday, November 12th, 2008- in an effort to combine the 4 that were arrested for obstruction (for not voluntarily dismantling a tent) we've agreed to come back to court WEDNESDAY, NOVEMBER 19TH to set the trial date for all of us, instead of 4 individual trials.

 

Wednesday, November 19th, 2008- After spending the entire afternoon in the courthouse, once getting the Justice of the Peace to say I could set a trial date the 'Crown' called someone higher up and the 'Crown' strenuously asked again only to have us all wait for Monday to set a trial date. They did not dwell on the fact that that's what we did already to get to today. Anyhoo, on MONDAY, NOVEMBER 24TH, 2008 at 9:00 AM in the Victoria Law Courts, room #103, we head back to consolidate our trials into one... I really really presume that we'll actually get a trial date- though we'll see if the city does something to avoid being charge with contempt.

 

Monday, November 24th, 2008- Got to court this morning to set a trial date for the arrests at Centennial Square. The 'Crown' stayed the proceedings, meaning the charges were dropped for all four people. I, and four others still have 'first appearance' on November 28th for the Beacon Hill Park arrests that happen just days after the BC Supreme Court came out with its ruling that allows for homeless people to erect 'temporary abodes' in municipal public access spaces and I'll see if those are stayed as well before re-asserting myself against the illegal enforcement policy.

 

Sunday, November 30th, 2008- Monday night people returned to Centennial Square, where the arrests happened and, again, erected a temporary abode. Talking to the media the next day it was confirmed that the 'Crown' stayed the proceedings because the Bylaw Enforcement Policy is not Constitutionally defendable. The city took the position that, even though people could not be arrested for Obstruction, tickets could still be given out. Throughout a magnificent 4 days of occupying the ground under the giant Christmas tree we accumulated enough tickets to be arrested for a separate 'civil' charge of having multiple tickets. We go to trial for this on FRIDAY, DECEMBER 5TH, at 9:30 AM in the VICTORIA LAW COURTS (850 Burdett Avenue).

 

Friday, December 5th, 2008- trial adjourned to Dec. 31st, 2008. Order for the Charter Challenge settled with Justice Ross telling the city that she did not add the words "at night" to the end of her ruling for a reason and that she is keeping it that way.

 

Wednesday, December 31st, 2008- City spent time trying to classify worthy homeless and unworthy homeless. I will not say what will happen as the judge reserved his ruling.

 

Wednesday, January 28th, 2009- Got to court this morning after just checking my email saying the ruling was coming down 10 minutes before... I get there just as the judge is saying Tavis, Kristen and I are not guilty of having tents passed 7:00 AM. The judge, corrupt, gives his 'opinion' that the 7-7 thing could stand if it was an actual Bylaw and not a Bylaw Enforcement Policy. In effect, giving the city the ammo it thinks it needs to prolong this thing again.

 

Tuesday, February 10th, 2009- David and I were arrested yesterday morning for having multiple tickets. Everything went smoothly and for some reason we've secured a trial for this THURSDAY, FEBRUARY 12TH, at 9:30 AM.

 

Thursday, March 5th, 2009- David was told he must pay his fines by May 1st (4 tickets at $85 each... which was interesting because the first ticket was a warning ticket... anyhoo...). I've been told to go to probation and complete 40 hours of community service by May 1st (interesting to note that my sentence was different from David's because of my 'vow of poverty').

 

Tuesday, March 24th, 2009- Appeal was registered and a date will be fixed for the hearing on APRIL 22, 2009 at 2:00 PM.

 

Saturday, March 28th, 2009- Went to the courthouse and submitted a request for a hearing to see if I can get transcripts for free. The hearing happens at 2:00 PM, WEDNESDAY, APRIL 8TH.

 

Wednesday, April 8th, 2009- Went to court today to see about getting the transcripts. Judge said no problem and that they'll be ordered come the first hearing of the appeal (2:00 PM on APRIL 22ND at THE VIC. LAW COURTS, BC SUPREME COURT), which , essentially, is the hearing that sets a date.

 

Wednesday, April 22nd, 2009- Hearing is set for May 27th at 2:00 PM. The City has gotten a month to determine whether or not the time set to file an appeal is within 30 days of the conviction or 30 days of the sentencing. Theoretically, they could have just turned around and asked the lady from the Supreme Court Registry, but I guess they couldn't have.

 

Wednesday, May 27th, 2009- The retrial is scheduled for the week of the 26th in October.

 

Wednesday and Thursday, June 10th and 11th, 2009: City’s appeal of the Adams ruling. 3 Supreme Court Justices. They reserved their ruling. City suggests the question before them is only in regard to the night…

 

Wednesday, August 12th, 2009- arrested for breaching the ‘no erecting tents during the daytime’ thing- a night in jail and a Conditional Sentence Order and time served.

 

Monday, August 17th, 2009- arrested. Given a week sentence. 5 days inside.

 

Thursday, August 27th, 2009- arrested for breaching. A night in jail. Sign an ‘undertaking’ to return Sept. 18th with the idea being to talk to the Supreme Court and attempt to have this (these) file(s) moved to Supreme Court.

 

Wednesday, September 9th, 2009- hearing adjourned so I can put together an affidavit explaining why I don’t use money.

 

Monday, September 21st, 2009- got arrested for breaching an undertaking to not set up a tent. 23 days inside. Fasting.

 

Tuesday, November 24th, 2009- arrested. Released Thursday, December 24th. 30 days fasting. (Made for a miraculous Christmas with friends…

 

Monday, January 4th, 2010- Trial for ‘other’ collection-of-tickets charge adjourned until March 29th.

 

Monday, January 25th, 2010- The hearing to finalize getting the transcripts has been rescheduled from Wednesday, Jan. 27th, 2010, to WEDNESDAY, FEBRUARY 3RD, 2010, at 2:00 PM in the Vic. Law Courts.

 

Wednesday, February 3rd, 2010- The judge denied me the transcripts and has scheduled the appeal to be stayed, lest transcripts can come through other means, on WEDNESDAY, FEBRUARY 24TH, 2010, by 3:45ish PM.

 

Monday, February 22nd, 2010- David just got the transcripts and I took the receipt to the Registry. The appeal remains scheduled for 10:00 AM, TUESDAY, APRIL 6TH, 2010.

 

Monday, March 29th, 2010- My other court things have had their 'fix a date' dates moved to April 14th at 10:00 AM.

 

Tuesday. April 6th, 2010- The APPEAL FOR CONVICTIONS OF HAVING A TEMPORARY ABODE DURING THE DAY is scheduled for MONDAY, JULY 19TH at 10:00 AM at the VICTORIA LAW COURTS.

 

Wednesday. April 14th, 2010- The date for the other 'tents during the day' trial is set for SEPTEMBER 2ND at 2:00 PM. Of course, pending the results from the appeal which could make it moot.

 

Monday, July 19th, 2010- Because David wanted more time to gather evidence on the availability of daytime shelter the Justice (that's what you call judges when they are in the Supreme Court) today ordered that the appeal is adjourned until the week of SEPTEMBER 7TH (either Tuesday the 7th or Friday the 10th), 2010.

 

Friday, September 10th, 2010- appeal for convictions of collecting multiple no-tents-during-the-day Bylaw tickets. Judge reserved ruling.

 

Friday, October 22nd, 2010- arrested for breaching. 29.5 days at Wilky.

 

Friday, November 26th, 2010- arrested for breaching. Released on December 21st.

 

Wednesday, December 1st, 2010- appeal ruling comes out- David and I lost. We prepare our next appeal.

 

Thursday, January 20th, 2011- a NOTICE OF APPLICATION FOR LEAVE TO APPEAL has been submitted and been given Court of Appeal File No. 38760. We've scheduled a hearing for MONDAY, FEBRUARY 14TH, 2011... 9:30 AM

 

Monday, February 14th, 2011- was given leave to file a Notice of Motion for Leave to Appeal. By Friday. The 18th.

 

Monday, May 30th, 2011- The 'RIGHT TO SHELTER DURING THE DAY' APPEAL (CA38760, Victoria Registry) will be heard by the Appeals Court of BC at 10:00 A.M. on MONDAY, SEPTEMBER 19TH, 2011 at the VICTORIA LAW COURTS in Victoria, BC, Canada.

 

Tuesday, October 18th, 2011- The appeal was dismissed.

 

Sunday, October 23rd, 2011- released after couple days in jail (Crown lost a file, or something).

 

Monday, December 5th, 2011- just finished 40 dayer.

 

Friday, March 16th, 2012- released couple days previous after another 40 dayer.

 

Alrighty,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Saturday, September 1st, 2012: definitely

 

-

 

I've been holding off on updating the journal, I think, because I've been wanting to wait for something definitive to happen (AKA coming to some understanding of 'what now?').

 

In jovial seriousness I've begun telling people that I've seen that I've given myself two weeks to wait for a miracle,  before resorting to the last recourse of getting arrested and starving to death in jail (for those unfamiliar to the routine) for having a tent during the day.

 

Of course I'm putting all mindfulness to not having to. I conjecture. Supreme Court of Canada... Maybe blocked right at the beginning if there is no process of 'indigent status' regarding the 'obligatory' $75.00 fee for processing an application. And truthfully, the notion seems unreasonably exhausting. Adding the necessity of applying for Leave To Extend as, I imagine the SCC rules would have a set amount of time after the Appeals Court loss to file SCC appeals.

 

The argument being presented must contain a third expert, mayhaps. One to testify the necessity of sleep to live, one to testify the basic minimum requirements for healthy sleep, and one to demonstrate the 'not saved by section 1' section 7 violation of arbitrarily denying the conscientious practice of providing one's self with shelter, so as to sleep, during the day, or at any time for that matter, in municipal public access spaces. As, of course, the right to do so at night has been recognized by the Appeals Court of BC with the fundamental precedent already set.

 

Or maybe the Crown will just turn nice tomorrow, dedicating Itself to demonstrating the courage to stand as an angel never again under the delusion that there is excuse to lie... You never know... An infinite history seems to have bred many variables...

 

K. Love you.

 

Patience be with all of us.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, September 14th, 2012: Monday. Noonish. Centennial Square.

 

-

 

Lest a miracle, I presume I'll be starting the getting arrested process on MONDAY, SEPTEMBER 17TH, 2012 around noonish. I'll try to bring a tent (or maybe cardboard to make a house), though it isn't necessary as I've court conditions that'll get me arrested just by being there at all.

 

Beyond that, if people's interest is peaked, the 'Right to Sleep Immersive Data Hub' is an excellent reflection on current affairs as well as a resource for those who can be convinced of their ability to file Notice's of Constitutional Question and such. It can be found here- http://goo.gl/maps/5P9ZU (the most current entries at the bottom).

 

Twitter is interesting- "The Legislative System's job is to keep people from seeing that the owner of the Justice System would lie to survive."

 

Peace and love.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, October 22nd, 2012: public jimmer jammer

 

-

 

Not much. Sentencing still at the Vic Law Courts, 9:30 AM in Provincial Court on WEDNESDAY, OCTOBER 31ST, 2012.

 

Spoke at a rally thingy. Turned out being much more than expected. Here's me- https://www.youtube.com/watch?v=CV4VcvN7knc

 

Alrighty, much love.

 

me

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, October 31st, 2012: month's adjournment

 

-

 

Because of procedural confusion between the probation office and the court, my 'pre-sentence psych report' meeting is being rescheduled to this month at some point. It is what it is. The 'probation pre-sentence report' is alright. Makes it so I don't have to explain myself every time I get in front of a judge, mostly. That's why, I'm telling myself, I signed in the first place.

 

So, NOVEMBER 28th I'm to appear to fix a date for sentencing. Gives me 1 month to birth a miracle. I asked Doug Christie to be my lawyer in the Constitutional determination of the right to erect a tent during the day on municipally-owned public access property. What would that look like? A lawyer famed for defending a NAZI collaborator working for a guy famous for ceaselessly explaining why pride is fundamentally delusional. At face-value Doug's only detraction is that he wears a suit and shaves. Gandhi once wore a suit, so who's to say who is redeemable or not?

 

May the full grand intimidatingly massive fully conscious spirit of patience plop down and envelop your spirit from now, for ever more. Are there magic words that would accomplish that? Love truth, the 'choosing process' ain't what the majority thinks it is and it is tackling that issue alone that saves the world. Patience be with you.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, November 28th, 2012: jail on Dec. 13th

 

-

 

Alright. Got a confirmed sentencing date of THURSDAY, DECEMBER 13TH, 2012 at 2:00 PM at the Victoria Law Courts. It'll be a doozy.

 

In the meantime, I'll work on a miracle. Anyone know any Constitutional lawyers who're up for the biggest case of their lives?

 

There has also been progress as far as other municipalities challenging anti-sleeping Bylaws- http://www.theprovince.com/story.html?id=7597501 . My response to the article and its facebook shares-

 

"The things needed knowing-

 

The 2009 Appeals Court ruling altered the 2008 ruling by adding the words 'at night' to the disposition that said it was not Constitutional to prohibit homeless people from erecting temporary abodes within a municipality. Leaving the right to do so during the day yet to be successfully challenged. The judges at the failed challenging of the daytime restriction said there was not enough evidence to determine whether or not people needed to have the option of sleeping during the day.

 

This outcome is a direct and corrupt action to avoid the inception of 'municipal public tenting zones' (AKA tent-cities). I imagine this fellow will win his case with the outcome being the same- a win that isn't a win. And people will applaud it not realizing that not being allowed to sleep at all is more honest than only being allowed to sleep during the night."

 

I contacted Pivot Legal Society ( http://www.pivotlegal.org/ ) with this-

 

"I would like to presume that you've been in contact with Cathie Boise-Parker. I'm hoping there has been conjecture on the 'heading off at the pass' of the likely attempt to restrict sleeping rights during the day. I'm very available for consultation... I'm also likely about to starve to death in prison and am open to accepting 'representation' in the direct challenging of the 'daytime tenting restriction' here. My case, although passed the general appealing deadline, is ready to proceed onto the SCC."

 

I've yet to hear from them.

 

Cheers and blessings,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Wednesday, December 5th, 2012: preparation

 

-

 

Good morning all. So, my sentencing is at 2:00 PM, THURSDAY, DECEMBER 13TH, 2012 at the VICTORIA LAW COURTS.

 

I imagine it is only fantasy, but I will ask the judge that if the psyche evaluation didn't find me crazy she must ask herself what a presumably sane person would be doing getting arrested over and over again for this. I'll suggest she forward my case to a Supreme Court Constitutional Master.

 

Other than that I started an informal fast about 6 days ago. I'm still drinking coffee, though sometimes with milk and sugar, and I've had a mint and a half glass of orange juice. I've not eaten anything and won't be at least until the 13th. If I'm going to starve to death in jail I'd rather it be sooner than later.

 

Peace out y'all, and patience be with us.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, December 13th, 2012: not in jail again

 

-

 

As it was a busy day the judge adjourned sentencing until TUESDAY, JANUARY 15TH, 2013 at 9:30 AM.

 

I'll resume fasting 2 weeks before.

 

Good luck to everyone in the meantime. Patience be with us.

 

me,

 

David

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, January 14th, 2013: eat today. gone tomorrow.

 

-

 

Alright to the point.

 

There are only 2 potentials to not have to go to jail tomorrow, as far as I can see. I will suggest to the Judge that this is in fact a 'case of' exception' that deserves Constitutional scrutiny by a Supreme Court Master, and being that my being found 'sane enough' should guard against the risk of the Court presuming frivolousness on my part. I would agree to an adjournment while the higher Court deliberated.

 

Or, if a mindful Constitutional law firm were to volunteer to take my case to Ottawa; to the Supreme Court of Canada, (of which it is poised to do), I would also agree to an adjournment, or at least a sentence of probation.

 

Other than that, if they try to give me anything other than jail, I'm just going to go and get arrested. I'll say the fast begins in earnest at 9:30 AM tomorrow.

 

I also got to do a project that may not be for all audiences, though I'm pretty happy with it. It's on a playlist on Youtube. Episode 3 is basically the one to watch if you're going to watch any of it... if one of your eyes can spare 45 minutes... https://www.youtube.com/watch?v=N4kAtVX-N38

 

Cheers and much love.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, January 17th, 2013: in jail, but not

 

-

 

There was an article in the TC ( http://www.timescolonist.com/news/local/right-to-camp-advocate-david-arthur-johnston-sentenced-to-90-days-1.48499 ). the next paragraph was a response.

 

Yes, I regretted my annoyance at her. It was when I understood there was no reasoning with her, she had known what she was going to do before she walked into the courtroom. It was interesting how she scoffed at the suggestion of the legality of the phrase 'the Crown can do no wrong', and she said that when laws are bad you should just accept them anyway. In some regards, a dangerous woman. She really didn't like it when I told her it was not reasonable to expect me to adhere to those conditions. It was an unjust redundancy to steal the energy it takes to go down to Centennial Square and wait to be arrested. The courts do not hold truth in highest regard and the 'order' they maintain denies conscientious survival without money. The are coming from a position of not presuming the best of me in my ability to have a tent. Patience be with us... the following is a quick status update from facebook...

 

I'll be back under by 2 ish, I'm guessing. Was thinking how I am still fasting and even under that sequoia I am in jail. Maybe they're waiting for someone to report to someone at probation before a warrant is issued?..

 

Basically, I'm fasting to death unless a competent Constitutional lawyer/law firm volunteers to represent me and the 'right to sleep during the day' in appealing to the Supreme Court of Canada... And a quick and painless sentencing appeal to begin with. No pressure though.

 

Shebib has been taking a few videos for this. his Youtube site- https://www.youtube.com/user/davidshebib (the part 3 one is my favorite so far and I haven't even watched it yet...)

 

k-love

 

I imagine there'll be an arrest soon.

 

k-love

 

bye

 

still doing coffee (no milk or suger) and tea... just sayin..

 

k

 

me,

 

David Arthur Johnston

 

 

St. Ann's update- Monday, January 21st, 2013: oh the games we play

 

-

 

Where to begin?...

 

On Friday the 18th around 6ishPM police van pulls up in front of the tree. about 4 or 5 cops. 'arrest' me and take me out to Wilkinson for my intermittent 'jail-on-weekends' sentence. No extra charge for ignoring my 'conditional obligations' of 'reporting immediately to probation' after sentencing on Tuesday, not being at Centennial Square, and turning myself in at wilky.

 

Got out this morning (Monday) and am smoking and having coffee while my laundry gets done. Then I'll secure another blanket or two (cops stole my sleeping bags) and head back to the tree to continue fasting and meditating until my next arrest, which could be bet on to be by this coming Friday, at least.

 

The fast is now at 19 or 20 days minus 2 or 3 to compensate for the 'unofficialness' of the time before sentencing (the allowance of sugar and milk in my coffee), the half-way through 'cheat' and the pre-sentence fast-breaking. The official fast beginning at 9:30 AM on Tuesday the 15th. Enjoying an old guys body, moving slow as I have to. I continue to be unusually high in the spirit.

 

Patience be with us... A mindful Constitutional lawyer/law firm volunteering to forward my case to the SCC would save me for a while. Patience be with us.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Monday, February 4th, 2013: couple of things

 

-

 

OK. 30 days now. First time I've fasted so long not in jail. Dry heaving a lot. No more coffee.

 

So Cathie, one of the lawyers from the Adams case said she would represent another homeless person in a Charter challenge against the City's 7-7 anti-tent Bylaw in the Supreme Court of BC. Said homeless person would have to get arrested for having a tent during the day (which requires 3-4 days of getting tickets where they DO NOT force you to take down your tent then they arrest you for collecting multiple tickets). A presumed loss in Provincial Court (as they do not cover Constitutional matters) then Cathie would represent. If someone initiated that, that would be definitive and I would start eating again.

 

At the same time, I've recently written a letter to a lawyer I'm having a hard time getting a hold of online. It suggests the furthering of this case to the SCC. I'll put it here, mostly because it has all the info any law firm might be interested in. I'll try contacting PIVOT again, though, they have not been receptive.

 

A Letter To Ardith Walkem re: The right to erect a tent during the day case.

 

Ardith, hello. I've been referred to you by a fellow named Sam Stevens here on the island.

 

I hope you are aware of the Adams case out of Victoria. The one that recognized the right to sleep and thereby erect a tent... then later changing its recognition to the right to sleep during the night and thereby erect a tent at night? My name is David Arthur Johnston and I was attached to the Adams case and was also involved in the incidents that lead to it.

 

The lawyers were not available to challenge the City's new anti-daytime tent Bylaw so I took it upon myself. A friend and I got arrested and convicted. Then took it to the BC Supreme Court. Then losing that I took it to the Appeals Court of BC. Never having representation, I was denied my appeal because of lack of evidence that people needed to sleep during the day and lack of evidence of places to sleep during the day (not taking into account the stat that won the adams case which was the 1300 homeless/unstably housed vs the 300 max avail beds at any time).

 

It is months passed the time to appeal to the SCC. I did not have the means or competence to further it. I believe an application to extend would be successful IF I got representation from a mindful Constitutional lawyer willing to go pro bono on this case that will set the precedence for municipal public tenting zones (as a wise municipality does not want to lose all its parks) in every City in Canada and the Commonwealth.

 

I have also been fasting as a form of last recourse, unless something definitive happens to further the challenging of the daytime prohibition. It has been a month now. No pressure, but if you can't take the case I wouldn't argue if you put it out there.

 

Here are links you might be interested in-

 

the 'adams' ruling (recognizing the 'right to erect temporary abodes')- http://www.courts.gov.bc.ca/Jdb-txt/SC/08/13/2008BCSC1363.htm

 

its appeal by the city (resulting in the Appeals court adding the words 'at night' to the disposition)- http://www.courts.gov.bc.ca/jdb-txt/CA/09/05/2009BCCA0563.htm

 

My Factum/Argument Challenging The Daytime Tent Prohibition- https://www.angelfire.com/apes/hatrackman/myfactum.htm

 

The City's Factum/Argument Defending The Daytime Tent Prohibition- https://www.angelfire.com/apes/hatrackman/cityfactum.htm

 

Reasons from my appeal of the 7-7 Bylaw- http://www.canlii.org/en/bc/bcca/doc/2011/2011bcca400/2011bcca400.html

 

Cheers. I appreciate your time.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Thursday, February 7th, 2013: just so's...

 

-

 

So, ya, I guess there's been news.

 

Cathie, and maybe Irene, will represent a new Constitutional challenge to the City's 7-7 anti-daytime tenting in the Supreme Court of BC. It will require a person who is not me or David Shebib (because we already tried) to receive a ticket for violating the said Bylaw (how many times have I gone to jail because of thinking I had to get arrested by collecting multiple tickets? It never occurred to me that a person could make Constitutional argument contesting a ticket. I hope I freakin learned that lesson).

 

And then Cathy, and maybe Irene, will represent the contesting.

 

I guess one of the things is that I started eating again yesterday about noon. So, I get to be an old guy for a while who can't sleep on his side and who has to accept the radical routine change of not being able to sleep until poos are ready... oo oo, I think I'm also off coffee and maybe caffeine (thats the way the spell checker says) altogether- there was a moment there, while fasting, that I got caffeine poisoning and I won't be forgetting that for a while.

 

Lots going on, really. I'm going to comply with probation and continue going to jail on weekends (it will be strange fasting 2 days a week). I'll be getting information and forms to appeal my sentence (as I am no longer at risk of re-offending while the 7-7 issue is being Constitutionally challenged).

 

As soon as a date can be arranged there may also be some sort of potluck/affidavit signing thing, where lawyers show up and everyone who would like to write how the 7-7 anti-tent rule has adversely affected and affects them. David and I will be campaigning this with flyers and posters. We hope hundreds show up.

 

Did a really nice interview with Beth- https://www.youtube.com/playlist?list=PLhcpmRJcS_8F9X46f3JMwlkqcdrdhEu99  They filmed it too (Beth and Charlie) with two cameras, so I imagine and hope they can put together something a bit more refined..

 

K-love you all. So much.

 

Patience be with us all.

 

David

 

Victoria, BC, Canada

 


St. Ann's update- Wednesday, February 27th, 2013: almost like the last breach did not happen... almost

 

-

 

There has been stuff. One lawyer has offered to help Cathie and Irene with trial and a 'pro bono lawyer finding' group has offered to potentially help with the 'affidavit collection night'. Which has yet to have a date set as Cathie and Irene have an important thing right now that makes it hard to confirm any times. I'm hoping with the offer from this new group a something can be arranged within the next couple days for no more than 3 or weeks from now. Once the hall/room and the notary agree on a date then I get to enjoy campaigning to get as many people as possible to sign their names to their stories of how they are adversely affected by the City's absolute prohibition on tents during daytime hours. Facebook page for the collection night- https://www.facebook.com/events/273243869472658/ .

 

Hold on... I'm going to copy and paste some of the 'status update' I wrote on Facebook after court on Monday...

 

"Ok. Not in jail. Continuing with 9 more weeks of 'intermittent' sentence (weekends) followed by an appropriate 20 hours community service.

 

In lieu of my acceptance to abide to probation while the new 7-7 challenge culminates, it was the court's prerogative to give a condition I can not say no to.

 

Anyhoo, don't have to think about that for the next nine weeks.

 

There has, as well be offers from other lawyers to help with affidavit gathering and the case itself. I imagine the campaign for the 'affidavit collection dinner thingy' to get a confirmed date soonish, even if its 4 weeks (though hopefully no more than three).

 

It was a brilliant day. There was a moment where it felt like the judge and I were really good smart friends really high on mushrooms having the most serious and cool first making friends moment. Anyhoo... It was a brilliant really nice day on a few levels.

 

K patience"

 

Alright. Other than that, made a couple videos (one with brilliant new friend, Chief Beau Dick, and the othersort of like a spiritual FAQ video on my character)- https://www.youtube.com/watch?v=fzI-6W6vKNU&list=PLLRxRE-5N9MphlNn5c01F1Ag2bGsZNbFQ

 

k. me,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

PS: good dream with the Queen last night. I got to root through her junk-chest and found an old thimble. There was also some sort of ancient order of knights...

 

PPS: You must first understand that shameful things are not worthy of spite before understanding that fear is shameful. It IS a practice, patience be with you. Sometimes it can take months to remember you are the Buddha.

 

 

St. Ann's update- Monday, April 1st, 2013: maybe a new thing

-

OK. David reserved a space at the downtown library. Presumably for a day within the week of April 13th (I'll know for sure which day and start making posters within a day or two... I know I've said that before...).

OK... bit of a story... about 3 weekends ago a guard came up to our dorm to bring us down to 'records' (where those who do not go out to 'gangs'/outside work crew stay in a cell). Which is normal enough. Then those who don't go outside bring their pillows which has been accepted practice, to that point, as they are in a hard-benched cell all day. While still in unit we prepare to bring our stuff down and the guard says we won't be needing it. One inmate began to reasonably and calmly explain that how it was normal to do so as the people are in the cell all day. Guard presumed resistance and became a dick. The usual people who went out on gangs were not going to go out that day if they had to work with that guard, and opted to not go out on gangs. Some higher-upper three-striper that no one had ever seen before comes down and threatens people with charges if they do not go out. First time anyone had heard of the labour gang being mandatory, even the nice usual weekender guards. Now there have been many threats of charges supposedly coming from at least medium high on up. I presume it was all initiated because it would have looked bad on that one guard's record if he was scheduled to supervise gangs and it didn't happen. People may notice and ask why. So, I'm conjecturing that the whole mandatory sentence of labour thing is rooted in the spin-doctory fix of not wanting to admit a guard was unprofessional.

The question is, now that I'm in a rare opportunity to challenge the notion of arbitrary work camp sentences, should I call them on their shit, or should I continue smiling as they rape me as per my condition of accepting the whatever consequences because of the lawyery furtherance of the 'right to sleep' campaign in BC Supreme Court?

It seems not good for a flailing tyrannical gov't to have the power to 'graciously' offer weekend labour camp to those busted for shit that should be violated (breaches, sleeping, protesting... etc...). And if I don't comply are they just going to add to my sentence every time I refuse, subsequently having me in jail for the rest of my life?... There are ways they could be prudent. The onus should not be on me to prove the Constitutional violation of forced work camps... we'll see...

anyhoo, if you don't hear from me for a while you'll know where I am.

K, love,

David Arthur Johnston

Victoria, BC, Canada

 

St. Ann's update- Wednesday, April 3rd, 1013: Date set. Posters made.

-

Confirmed at date for The 'Right to Sleep During the Day' Affidavit Preparation and Community Forum for MONDAY, MAY 13TH, 2013 from 3:00 PM TO 5:00PM at the downtown library (GVPL).

Made a poster which I'll include as an attachment. Remember when making two per page to have the middle margin twice as wide as the side margins.

I cannot see myself complying with jail's new enforced labour camp status. I try to conjecture what a charge is going to look like. I do not look at it as being a new sentence but just an 'out of the blue' part of the current one. Good thing we're all professionals here. Weirdly ideally, I should just have my sentence compacted back into straight time without penalty... we'll see...

Alrighty,

Love you all.

Davd Arthur Johnston

Victoria, BC, Canada


St. Ann's update- Wednesday, May 1st, 2013: slinging flyers

 

-

 

Finished up weekend jail Monday morning. Got a bunch of copies of the flyer/poster and have been walking around a lot putting them here and there. Saw probation today. Seems I'll do the 20 hours of 'community service' at the Mustard Seed. Guy there seemed cool. Officially have to be done within 60 days. I imagine much sooner.

 

The 'right to sleep during the day community forum' is looking to be something. I feel charged with the responsibility to sort of let everyone who 'should' be there know about it.

 

Would have gone to the May Day thingy to pass out flyers but apparently I'm honouring the condition to not go to Centennial Square. Thats fine, of course. Can't go faster (or slower) than God.

 

Shebib scored on a solid fancy safe and has offered it up so that I might trade for a laptop capable of doing what I need it to do with my new interest in modding for Fallout 3. It seems I have a story in me an its coming out through the medium of a free-roaming quest based 3d universe. K- seriously we need to find me a laptop with at least the bare minimum of 4g ram, 4 core, intel 3000 graphics card. So I'll trade a safe and, if need be, offer physical or digital grunt work (thats a deal as I am generally more expensive than most people can afford). Up to this point I've been doing a few hours modding work here and there, generally while friends are sleeping so I can use their computer. I don't have time to play games, only make them. Who doesn't want to see a post-apocalyptic garbage guru future history of Victoria universe? Nobody, thats who.

 

K love y'all. I'll attach the flyer in .png and .doc formats (.doc is set up to print full page).

 

Most people have no idea how much they are adversely affected by the lack of a courtly precedent that acknowledges the right to have a tent during the day (to sleep, implicitly). Maybe just ask yourselves how much of a mindfuck it is that we automatically presume paying rent is an absolute necessity to live. Y'all gotta stand up sometime. Good thing I'm not in this to make friends. may everyone never again fall under the delusional and destructive retardation of pride.

 

Patience be with us/me/this thing that is everything.

 

David Arthur Johnston

Victoria, BC, Canada





As of this June 27th I will not have used money in 9 years.

 

-

 

As of this June 27th I will not have used money in 9 years. Which strangely enough is about the same amount of time I've been aware of the core understanding of the impossibility of choice.

 

Just had a 'do' here in Victoria. A meeting designed to start the collection of stories from those adversely affected by the City's 7 AM to 7PM absolute ban on having tents within the municipality on public access space.

 

Its going to kill me. I do not have the ability to carry a backpack every day. I cannot depend on my friends to forever board me. At what point do I have to go back to jail to die? A part of me wants to scream, but what use screaming at the weather? People are so horribly crazy. So caught up in the big lie. And it all begins with the delusion of thinking people make choices. An entire culture built and maintained and conditioned to slave and pay dues, all the while pretending that roads and schools are excellent reasons for an entire planet to remain removed from enlightenment and retarded by being raised by those who're raised by lies who were raised by lies who were raised by lies.

 

We are all so horrible. It is naive. Always naive. We were born into it, our ancestors already cowtowing to brutal corruption before we even knew it was an option not to. And now we've over-populated the entire planet and even if everyone turned nice still most everyone will starve to death...

 

Words. Words. I think I might be working through the momentary psychosis that happens when one is about to die alone in a pit. Patience be with me.

 

It is not out of obligation to honour me that I would have people consider the impossibility of choice. It is just that truth is the path to a future where no one has to bow down to murderers any longer. A future where everyone is too smart to panic no matter what circumstance is thrown at them.

 

Everything anyone needs to deal with their own individual deepseated collusion with the world's brutal slave state is in the genuine consideration of the now being led to (it holds the understanding of how evil is impossible and empowers our empathy in knowing much better where everyone is coming from which, incidentally, is a beginningless history).

 

I don't like sympathy. It is a vampire thing. Sometimes I am a smart grandpa spirit. Sometimes I am a lost and sad child spirit.

 

I can't use money and I can't believe that believing in a phenomenon called choice is sane or healthy. Peers are rare and I don't want to die and people, while they adamantly reject the impossibility of choice, cannot be reasoned with. It is all pride. Pride is such a mass retarding poison. The biggest most prominent mass retarding poison in the universe... And it is as much a natural phenomenon as any creek or first love.

 

K-bye.

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Sunday, May 26th, 2013: then you see

 

-

 

I don't know. Whatever. Its only my sanity and integrity at stake... sometimes I think I may be pausing to collect myself for my coming trip on an ice flow.

 

I would like to save the world before I die, so I wrote this-

 

---...---...---...---...---...---...---

 

If you're ever going to see what you really are you will first pass through your last nervous breakdown.

 

It can be responsibly prepared for. You start by being alone and losing everything.

 

Then you see you are the everything.

 

Then you see the grand sadness.

 

Then your ego looks at its environment and analyzes its expertise to figure out how to best go about helping everyone not have to be sad and crazy anymore.

 

Then you figure out one thing leads to another and no character determines its motion but for the experience that brings them to the now.

 

Then you see the truth of the impossibility of evil and that you are the singular personality of the universe just sprinkled with traits born from the wind that blew you since the sperm found the egg.

 

Then you objectively see the embarrassing silliness of fear and shine really bright.

 

It is an evolutionary process of God remembering Itself. Patience be with you. Beware cockiness.

 

Much love,

 

me

 

---...---...---...---...---...---...---

 

Please stop paying taxes and acting as if giving money to people who think they make choices is going to help anything.

 

Remember- you're going to die anyway so there's no reason to continue being horrible and stupid in the name of living as long as you can.

 

Remember remember- that pride is the most psychotic embarrassing foolishness ever. it makes murderers and pedophiles seem noble in comparison. (how much damage could an entire planet's population cause in thinking everyone makes choices when there is no such thing?).

 

k. love. bye,

 

me,

 

David Arthur Johnston

 

Victoria, BC, Canada

 

 

St. Ann's update- Friday, May 31st, 2013

 

-

 

Everything you ever write could be the last thing you write. Of course I’m thinking about stuff. Of course I see how many people are not jumping up to volunteer affidavits.

 

I’ve been in a state of constant fatigue lately. There is no way I can live a life carrying a backpack everyday. Yet, I seemingly must end up back outside as no matter how generous my friends are in putting me up I cannot expect them to wait for a miracle with me.

 

So, at least I have abject exhaustion to fall back on if I seem to be wavering on going back to jail to die. The right to sleep campaign is the definition of important. The ‘correcting everyone who thinks they make choices’ campaign is importantest and maybe reliant on the right to sleep campaign in a strange and martyry way. Anywhoo, I love you all. I'm going to give the miracle a few weeks maybe...

 

David

 

 

Hatrackman@Gmail.com

 

The Occupation of St. Ann's Academy: Immersive Data Hub (or The Process of How It Is That It Is Legal to Have a Tent, at Night, in a park in the City of Victoria, BC, Canada)- http://goo.gl/maps/5P9ZU

 

Wasteland Survival: Tips and Web Log- http://www.facebook.com/WastelandSurvival