St. Ann's update- Sunday,
August 26th, 2012: updated police and courts encounters list
-
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