updated 'police & court encounters' list (as of Wednesday, September 09, 2009)

 

-

 

Sunday, Jan. 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.

 

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, Sept. 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, Oct. 25th, 2005- I was found guilty of 7th breach of Mischief conviction. Returning to court on Oct. 28th to be sentenced.

 

Friday, Oct. 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, Oct. 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, Dec. 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, Dec. 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, Jan. 9th, 2006- date moved to Feb. 3rd, 2006.

 

Friday, Feb. 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.

 

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, Aug. 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, Sept. 12th, 2006- ... The Charter Challenge is scheduled for a nine day trial starting September 4th, 2007.

 

Monday, Oct.16th, 2006- Took most of the day. Crown was merciless. Judge is saving his ruling until Friday (Oct. 20th) at 1:30PM.

 

Sunday, Oct. 22nd, 2006- hearing for ruling adjourned.

 

Tuesday, Oct. 24th, 2006- The judge is set to give his ruling at 1:45 PM on Friday (Oct. 27th).

 

Saturday, Oct. 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, 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.

 

Wednesday, Sept. 5th, 2007- city attempts discontinuance of Charter Challenge. The 'master' (seemed astute enough) is going to give his ruling on Friday morning.

 

Friday, Sept. 7th, 2007- The court denied the city its 'discontinuance'.

 

Monday, Sept. 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, Sept. 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.

 

Wed. Oct. 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.

 

Oct. 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, Nov. 17th, 2008- city determines ‘abode’ to mean tent, tarp or cardboard structure.

 

Tuesday, Nov. 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.

 

Wed. Jan. 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.

 

Wed. Jan. 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.).

 

Tues. Feb. 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.

 

Mon. Feb. 25th, 2008- discontinuance attempt is set for 2 days in the week of MARCH 3rd, 2008.

 

Thursday, Mar. 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.

 

June 16th – June 20th- Right to Sleep Charter Challenge. Justice Ross reserves her ruling.

 

Monday, Jun. 23rd, 2008- false arrest at St. Ann’s for breaching a condition that hasn’t existed since Oct. 2006.

 

Tuesday, Oct. 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, Oct. 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, Oct. 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.

 

Nov. 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.

 

Nov. 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.

 

Nov. 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.

 

Nov. 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).

 

Dec. 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.

 

Dec. 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.

 

Wed. Jan. 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, Feb. 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.

 

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.

 

Wed. Apr. 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.

 

Wed., Apr. 22nd, 2009- Next hearing is set for May 27th at 2:00 PM.

 

Wed. May 27th, 2009- retrial is scheduled for the week of the 26th in October.

 

June 10th and 11th, 2009- City appeals the Adams, ruling. Judges reserve their ruling.

 

Aug. 12th and 13th, 2009- 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.

 

Thurs. Aug. 17th, 2009- arrested for breaching Judge Blake's condition, plead guilty and was sentenced to 1 week in jail (File No: 148024-1).

 

Thursday, Aug. 27th and 28th, 2009- arrested for having multiple 'no tents between 7:00 AM and 7:00PM' Bylaw tickets (File No: 1201:148095-1) and signed a UTA (to return Sept. 18th) before pleading.

 

Monday, Aug. 31st, 2009- went to the Supreme Court registry to schedule a hearing for Sept. 9th, 2009 at 2:00.

 

Wed. Sept. 9th, 2009- Supreme Court Judge adjourned the case while I put together an affidavit. Will go in to schedule another hearing in next couple of days.