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.