Deborah's Affidavid

1. I am the accused, mentioned in the Information of David L. GEORGE, Royal Canadian Mounted Police, acting for and on behalf of Her Majesty the Queen, hereinafter called the Informant, where the Informant believes on reasonable grounds that Deborah Kelly HAWKES, Date of Birth 1954-11-04 of RR2, Lower Montague in the Province of Prince Edward Island did, on or about Thursday the 8^th day of May A.D. 2003 at or near Montague in the Province of Prince Edward Island did loiter in a public place to wit:

ACCESS PEI and obstruct persons who were there, contrary to Section 175 (1) (c) of the Criminal Code and initialled by the Informant, SWORN before me this 8 day of May A.D. 2003 at Brudenell, Prince Edward Island and it is printed the name S. Clory - Justice of the Peace in and for the Province of Prince Edward Island and as such have personal knowledge of the facts herein deposed.

1. On the 7^th day of May, 2003 in the afternoon, I discovered that my telephone had been disconnected.

2. A telephone is important in any home, however, I am also a self-employed Counsellor/Guide for individuals who are healing from emotional, physical, sexual, social and spiritual trauma in childhood and as an adult and asf I specialize in Childhood Sexual Trauma many of my clients may need to reach me when in need. .../2

-2-

1. The children’s father, lives in Charlottetown and I have a long distance plan available, so that they may call their father when they need and my doctor and some clients also live long distance, my clients often call me and I call them back.

2. For the past few months I have been unable to pay in full my electric, telephone and heating fuel bills, leaving an arrears.

3. I have had financial difficulties since I have had to receive financial assistance from the Minister of Health and Social Services, hereinafter called “the Minister”, for help with basic needs, beginning on or about November 1, 2001, due to the fact that I have been informed that the Minister has authority Pursuant to the Welfare Assistance Act, hereinafter “the Act”, to claw back the Child Support Allowance ($800.00), I receive on a monthly basis and pay income tax on yearly and the National Child Benefit Supplement ($192.00) that I also receive from the Canadian Federal Government.

4. However, when I use the income from the Child Support Allowance and the National Child Benefit and National Child Benefit Supplement, as it is intended and as I am obligated to spend for the care and needs of the children, I therefore am denied help with my basic needs in the amount of approximately $326.00 each month and must therefore do without or purchase my basic needs on credit.

5. For over one year, I have been stating this inconsistency to my financial assistance worker, Kaye Condon and on April 22, 2003 there was a Welfare Assistance Appeals Board Hearing, hereinafter “the Appeals Board” and the ORDER dated April 22, 2003 stated - The Board finds that the Regulation clearly states that Child Support is to be calculated as income. (Regulation 12). .../3

-3-

1. On or about April 30, 2003, I wrote to the Appeals Board requesting a review of the decision and I received a letter dated May 1, 2003, denying my request.

2. On May 8, 2003, I wrote a letter to the Appeals Board, reminding them that they have a duty when they are aware that the Act is inconsistent with other Provincial or Federal Acts, to ensure the necessary changes in order that the Act may become consistent, I also reminded them that I was in no financial capacity to help myself as I am indigent, destitute, poor.

3. On or about 10:00 in the forenoon on the 8^th day of May, 2003, after signing the six(6) page letter stated in #10, I made a copy of the letter for Kaye Condon and proceeded to the Regional Services Centre, ACCESS PEI, Montague, PEI, to have the original signed letter sent to the Appeals Board via internal mail, saving on postage, and I requested the receptionist, Jane King, to let Kaye Condon know that I wished to see her.

4. Shortly after Kaye came out to the reception area and told me to come into her office.

5. In her office, I gave her a copy of the letter stated in #10 and told her that my phone had been disconnected.

6. Kaye stated that there was nothing that she could do and I asked her to at least call the Telephone Company and let them know that I had an appeal coming up and that I would be in the reception area for awhile and I quickly left her office.

7. In the reception area, I placed my can, that is marked in black on purple paper The PEI Fundamental Rights Party Donations, on the chair next to the door and sat in the next chair reading a book written by Woodrow Wheatley about the corrupt governing in the 1950's in regards to PEI farmers, I turned the can backwards at one point. .../4

-4-

1. When people were going out the door, I asked them if they had any spare change as my phone had been disconnected and the Department of Health and Social Services claws back the $800.00 I receive as a Child Support Allowance.

2. Some of the people who came by were my friends Sandi MacKinnon and Janet Snazzle, my mother’s cousin, Mette Haley and some strangers, some said yes, some said no and others told me that they would give me some change when they came back as they were going for lunch, I presumed.

3. No one came and asked me to leave until two(2) male RCMP constables, Sgt. R. C. Thorne and Cpl. David L. George arrived, went to the receptionist Jane King and then came to me and asked me to leave or that I would be arrested for panhandling.

4. I have can-handled for the year and a half that I have been in need of financial assistance and had seen people panhandle in Toronto and Halifax, so I figured that I could have the charge acquitted so I told them that I was staying and they then proceeded to arrest me for panhandling and read me my so-called rights as they escorted me out the door into their vehicle, I was very cooperative.

5. I told them that I had no understanding of what they were saying in regards to my rights and that I refused legal aid, as I was a self-represented accused.

6. Before arriving at the back of the RCMP Station in Brudenell, I told them of my situation, that I am a counsellor/guide, that there were no Childhood Sexual Trauma Counsellors in eastern PEI and that the Minister refused to help me with my transportation costs or victims a choice of a counsellor. .../5

-5-

1. I mentioned that they know about rape and sexual trauma and I mentioned the young woman and the RCMP officer that had been charged and did they know if that young woman or the constable received appropriate counselling.

2. Immediately upon entering the door there is a room with a desk and the three of us sat around the desk while the constables explained to me that I would have to sign an undertaking that stated that I was arrested for panhandling and that I could go back to the Access Centre, however, I was unable to panhandle there.

3. I said fine, as I now knew the routine, from my last unlawful arrest at the Cenotaph by City of Charlottetown constables in July of 2001.

4. However, I did say, what am I to do then, I need a phone, I have no income in order to get the phone reconnected, would I need to panhandle in front of the RCMP station, meaning that they obviously are unable to help me.

5. I said fine, because I have a puppy in the house at home, that I need to return to shortly, I am a single parent and have two children and I have a jacket in my car that my oldest son may need as both children are helping a neighbour after school and it is raining and I am to check on them at 3:30 pm and then pick them up around 5:30.

6. We made this plan as there is no way to contact me as we have no phone.

7. Sgt. Thorne left the room and I presumed that he was going to retrieve the undertaking that I was to sign.

.../6

-6-

1. I asked Cpl. George if I could use the washroom and he said fine, so I used the washroom and returned to the room, however, I stood in the room, as I had been sitting at the reception area at ACCESS, PEI and I guess I got too close to the door as he grabbed my arm with one of his hands.

2. I did what I have always done when someone grabs my arm, I turned to him and said in a loud voice for him to take his hand off of me and I yelled for someone to come.

3. I trust my reactions as he could have told me to please stand away from the door and on Sunday, I had picked up Blair Ross at the Q.E.H. and he had told me that he had been kicked in the face and manhandled while handcuffed by R.C.M.P. constables at the RCMP Station near Cornwall and I saw the black eye and all of the bruising and the emotional state that he was in.

4. Sgt. Thorne came quickly into the room and then both of the constables took me by either side and forced me in into the cell next door and I believe they locked the door.

5. I shouted help police, aidez-moi, as I had done nothing wrong, however, I was being treated in a disrespectful and rude manner, to mention nothing of the Canadian Charter, I still had my book with me, so in between shouting for someone to help me, to never leave me alone with a male constable again as I had been assaulted last year, etc., and that I have canhandled Pat Binns and Jamie Ballem and they gave me some spare change, that the Minister of Health and Social Services is torturing me as there is a need for sexual trauma counsellors and I have no work and am living in poverty, I read.

6. I am also a little claustrophobic, as I was locked in a dark closet/hutch when I was a very small child. .../7

-7-

1. I believed that if I had been in contact with the RCMP constable whose daughter was in some of my son’s classes in school that I would have been treated with respect as we would see each other in another venue.

2. I believe, shortly after, the female constable M.J. Tardif, a male constable Dickeson and a woman perhaps employed at the station, entered the cell.

3. Cst. M J. Tardif told me that I was to give her my coat, my shoes and my jewelry, I asked why, since I was told that I was going to sign the undertaking and be released, I asked why was I in a cell, why was I unable to remain in the room with the desk?

4. She said I had to stay in there as there was no one to stay with me.

5. I told them that I was unable to cooperate with this unlawful detention and Cst. Dickeson then threatened me, h said that he would “taser”me if I refused, so I gave them what they wanted and they left the room without me signing for my personal items.

6. I stated that I had Raynauld’s and was effected by the cold, in particular, my feet and I believe, Cst. Tardif brought me something to put over me like a blanket, more like a tarp of some sort.

7. It seemed to me that the other woman, the employee, stayed just outside the cell.

8. I became fearful as they were treating me in such a disrespectful manner, as a counsellor, I am treated with the utmost respect and dignity, though the police seem to have a problem with this.

.../8

-8-

1. After awhile Sgt. Thorne entered the cell, he told me that they were no longer charging me with panhandling, and I asked why, “no charge” and he nodded his head and then proceeded to tell me that he was charging me with loitering or mischief and that now I had to sign an undertaking that stated the new charge and I had to stay away from ACCESS, PEI, I said fine, even though I have an appeal there soon.

2. After he left, I thought about what he had said and I believed that if I had been unlawfully arrested that he could have released me and told to stay away from ACCESS, PEI, other than for business.

3. I became fearful as I had been unlawfully arrested in 2001 and two constables and the Deputy Chief of Police, Collins, perjured themselves on the witness stand and after a lengthy and expensive trial process, I was acquitted.

4. I knew that Blair Ross the co-founder with me of the PEI Fundamental Rights Party had been unlawfully arrested in 2001, twice in 2002, where City of Charlottetown constables again perjured themselves on the witness stand and that Blair had been arrested again just the other day, I knew that nothing has been done about the Mt. Herbert Orphanage.

5. I became fearful as I wondered if now these two constables would say that they never arrested me for panhandling, because if they had told me that they were arresting me for loitering, I would have gone home, checked my criminal code book and then make a decision as to what to do.

6. I became fearful as I was told nothing and I worry about my puppy at home and my children and the fact that I have clients to see tonight in Charlottetown and I have to confirm our appointments. .../9

-9-

1. I have yet to have anything to eat or drink since I left home this morning, I have no idea how long they are going to hold me, I shout that they are arbitrarily detaining me against the Charter of Rights and Freedoms, I shout, help police.

2. Constable Tardif enters the cell and brings me my shoes, we go back into the room with the desk and she introduces me to a woman from the Georgetown Court House, Justice of the Peace, Shirley Clory, she reads me the charge on the undertaking, loitering and something about obstructing persons.

3. I say that I will sign the undertaking, but I need to attach an addendum that says that I was originally arrested for panhandling.

4. Cst. Tardif, proceeds to write on a business card and I say no, I need a piece of paper, I am expecting S. Clory to say just put it by my signature as I have no idea if one can write on an undertaking or what, she simply says that she will come back.

5. Cst. Tardif again brings me to the cell, takes my shoes, closes the door, I assume she is getting me a piece of paper.

6. A short time later Cst. Tardif enters again, this time with a male constable Triantafillou, Tardif tells me simply that we are going to Charlottetown, Triantafillou tells me to put my hands behind my back, I put my hands behind my head, he says put your hands behind your back, I say, what do you mean, he says, I am going to handcuff you.

7. I am handcuffed and escorted to a police vehicle in the garage and I see S. Clory return, however, she says nothing and enters the station.

.../10

-10-

1. Cst Tardif and Cst. Triantafillou take me to the Provincial Correctional Centre, hereinafter “the PCC”, outside of Charlottetown, I ask what time is it, they tell me 5:30 pm, I mention that this is the time that I was suppose to pick up my kids, that I will be unable to phone them, as we have no phone, my puppy has no been alone for over 7 hours, I was never given an opportunity to telephone my children.

2. I talk to Cst. Triantafillou on the way there.

3. At the PCC, my jewelry, coat and shoes are transferred, I give them my car keys in my pocket, I tell them that they are good to do this in front of me and that Cst. Tardiff took my things and walked out of the cell with no account of them and no signature, they pat me down, I tell them that I am OK with this as I am lesbian and it has been awhile since I have been touched, they take my book.

4. I tell them that the PEI Fundamental Rights Party will make this place a museum to show political abuse and that a healing centre will be built that will have lots of windows, an organic garden, flowers, music, dance, sculpture, art, computers, whatever could make people happy and want to return, if they were going through a hard time and needed to heal.

5. I am told to take off my clothes and put on prison sweats and wool socks, I have now have no underwear on or bra.

6. I am brought to the female unit, I am given an extra change of sweats and t-shirts, soap, toothbrush, toothpaste and a small black comb.

7. I am given no information regarding my imprisonment, however, with the above items, I guess that I am staying for awhile. .../11

-11-

1. I am allowed to call Ken Hawkes, the children’s father, he will now have to go and pick the children up and then return them to school the next day as he has never stayed overnight in Montague, the cost of transporting the children will be near to the amount that I was asking the Minister to connect my telephone, Ken is away, I leave a message.

2. I am allowed to call collect to the woman where my children were, I ask her where they are, they are home, however, I am unable to call them so I ask if her sister is working next door, yes, could she go over and tell them where I am and that their father will come, yes.

3. I am asked if I want the night snack, I say that I only eat organic and NO Genetically Modified Organisms, so no thank you.

4. I have had nothing to eat or drink since Wednesday night accept a cup of tea this morning.

5. If I slept at all that first night, it was only for a moment, my cell door is open.

6. I mention the fact that I am being arbitrarily detained against the Charter of Rights and Freedoms.

7. The next morning, Friday, the 9^th day of May, 2003, I again mention the fact in #66 and I was told that I could talk to the unit supervisor and as I only drink bottled water and tap water that has gone through a filter process and they are giving me no bottled water, I ask them to call the Q.E.H. and see how long a human being can live without water.

.../12

-12-

1. I went to my cell and wrote out similar pages to this addressed to Judge Douglas, I told them that I wanted to speak to Judge Douglas due to #68 and I gave the pages to Spot MacDonald and he said that he would give them to the supervisor and I asked him to get the pages photocopied and returned to me, please.

2. I never hear from the unit supervisor, Elsie McKinnon, though the unit officer, Christine Hamill told me that she saw Spot MacDonald give her the pages and Spot told me that he gave them to her, I am told that she is in meetings today.

3. I tell the female inmates about the PEI Fundamental Rights Party’s Healing Centre, one woman knows about the healing centre in Saskatchewan.

4. I am allowed to call Ken at 12:15 pm, we talk for awhile, he said that the children are upset, particularly because the heard about my experience from Anna’s sister, that he walked the dog that morning and that the police had been by and talked to the boys.

5. Around 10:00 pm, I ask to speak to a supervisor, Mike Hammill arrives, I tell him that

I have had nothing to eat or drink for two(2) days, that I have no idea why I have been incarcerated, that I am a self-represented accused and I need to be treated now like a lawyer would as I have been arbitrarily detained against my Charter Rights, that I had asked to speak to a supervisor all day today and saw no one.

1. Mike tells me that I was remanded by the Justice of the Peace, Shirley Clory, for causing a disturbance, he told me that I had to keep calm.

2. I told Mike that I have family, friends and clients that will be wondering where I am, that when I know nothing about my circumstances, I become upset, that night Mike locks me in my cell. .../13

-13-

1. I am given water to drink by the unit worker who knows me from years before when I was going out with someone she knew, this water is the same water the staff drink from a water cooler, she explains how the tap water is tested and that they have a well, she tells me that I could perhaps request organic fruit to eat as a special diet from the nurse tomorrow.

2. I hardly sleep that night.

3. Saturday morning the 10^th day of May, 2003, I am shown the inmate request form, I see that someone could request to see their counsellor or other professional, I see where you can request to see the unit supervisor.

4. I am told that there are no special diet requests for the nurse on the weekend.

5. I ask if I can go to another area, even if it is the hole, as the second hand smoke is having an extreme negative affect on me, my eyes are running, sinuses and head ache, etc., I am told no, just stay in my cell and put a blanket on the floor by the door.

6. At home I am able to eat organic, drink water, be smoke-free, however, I am cold, as I have no money for heat, here I am warm.

7. I was going to go to the David Suzuki talk tonight in Charlottetown.

8. I drank 250 ml of milk for supper, as I get charlie horses in my legs if I stop drinking milk.

9. I talk to my children on the phone and tell Ken that I will be out on Monday and be home when the children are home from school.

10. I sleep rarely again Saturday night, my cell is locked.

.../14

-14-

1. Sunday, the 11^th day of May, 2003, Mother’s Day, my cell is locked, I have to knock to get it opened.

2. I am trying to make sure that I am leaving for my Show Cause Hearing on Monday and what time, I am afraid that there has been a mistake and perhaps Georgetown Court is on Tuesday, no one will give me a definite time, perhaps 1:30 pm, perhaps 9:30 am, but Monday for sure.

3. The tell me the office opens on Monday morning and they will tell me then.

4. I figure they are making sure that there is no one at my Show Cause Hearing to support me.

5. Usually there are no calls on Sunday, they tell me, however a special call can be made to your mother, I call my mother after lunch, I again drink 250 ml of milk, I wish her Happy Mother’s Day, tomorrow is the four(4) year anniversary of the death of my father, our family always has lobster together on Mother’s Day, last year I only had lobster twice.

6. I rested some Sunday night, I have had little sleep for four(4) nights, I have had nothing to eat in four(4) and ½ days accept for 750 ml of milk.

7. Monday, the 12^th day of May, 2003, my cell is locked, I try to get someone to notice me,

so that I can get in the shower, two women here for the weekend, have already gone.

1. I get my cell open at 7:30 am when they bring breakfast, I take a shower, I still have no idea when I am leaving, another woman is seeing Judge Nancy Or in Charlottetown today at 1:30 pm.

2. I am told at 7:45 that I will be leaving in 45 minutes.

.../15

-15-

1. I am given back my clothes, all in wrinkles in a heap, with two women present while I dress, I mention that I will be a mess for my Show Cause Hearing when I have to act like a lawyer.

2. My other things are returned and I check and make sure all is there and then give them again to the unit worker as she is coming with me and I am handcuffed in front this time and shackled and put in the PCC van.

3. We drive to Charlottetown Court House, my things are given to two personnel there, one women, one man, I ask for disclosure of what the Crown has for my case for my Show Cause Hearing and my handcuffs and shackles are removed and replaced with others and the unit worker and driver of the van leave.

4. I am placed in a holding cell and I am given no information from the Crown and I have to walk a great distance, or so it seems to get to the 1^st floor of Provincial Court, Courtroom 6, I am tired when I arrive.

5. I see Nigel Armstrong from the Guardian there, I say be gentle with me Nigel.

6. As we wait, I talk out loud and say that I am thinking out loud, I am asked to be quiet, I say that I love to hear a loud woman’s voice, that women have been silent for two long.

7. I say that I never had shackles on when I was arrested two years ago for trespass, assaulting a police officer and resisting arrest.

.../16

-16-

1. This is a signing of an undertaking hearing, the officials present are 1) George E. MacMillan, Deputy Prothonotary, who used to be the Prothonotary until he waived my PEIWCB claim and another’s, 2) Crown Prosecutor-John McMillan, who is currently maliciously prosecuting me for the assault charges in 2001 and 3) Catherine Strickland, Justice of the Peace to record the hearing.

2. I keep talking out loud George turns to John and says can we put a muzzle on her?

3. So intent are they that I sign the undertaking, George E. MacMillan, threatens me by saying Deborah, we are trying to find a way to keep you out of jail.

4. I reminded George that I am innocent until proven guilty according to the Charter.

5. I want to sign the undertaking, I want proof that I have signed it after spending four nights incarcerated at the CPP, four and ½ days with nothing to eat.

6. The prosecutor says his stuff, I am taking notes with the handcuffs and shackles still on, I ask that McMillan use the word “alleged”.

7. I say my stuff, that I was unable to sign the undertaking before because I wanted to put an addendum on it that I had originally been arrested for panhandling, George says, well, that will be your defence.

8. We discuss access to ACCESS, PEI, it is determined to have a Show Cause, as soon as possible, no kidding, I let the boys play.

9. I sign the undertaking, the handcuffs and shackles are taken off, I return to my things in the basement of the building, I am told bye-bye, I walk out.

10. I am given disclosure from the Crown, next stop, Thursday, the 15^th day of May, 2003 in Georgetown. .../17

-17-

1. My car is in Montague perhaps, I walk across the bridge, many police cars drive by as I walk, I hitchhike near the KFC, soon a ride stops, she is going to the Queen’s Road in Montague, we talk about my incarceration and what really happened at the Cenotaph.

2. I get another ride soon again, this woman takes me by the Regional Service Centre, no car, she drops me off at the ESSO, I borrow 25 cents for the phone and I call my mother.

3. While I wait for my mother, I read the documents from the RCMP, nothing in there about being arrested for panhandling, only loitering is mentioned, nothing in there about Cpl. George grabbing my arm, I go into a tirade and then am put in a cell.

4. My mother drives me to the RCMP station, I ask her to come in as they will only treat me with respect if she is there.

5. I tell the woman that I am wondering where my car is and I want to file a complaint, she tells me Cpl. George will help me.

6. While I wait I see the pledge on the wall, I write it down:

RCMP Community Policing

Members of this detachment pledge to:

TREAT all people equally and with respect;

UPHOLD the Canadian Charter of Rights and Freedoms;

SERVE AND PROTECT the community;

WORK with the community and other agencies to prevent or resolve problems that affect the community’s safety and quality of life.

.../18

-18-

1. I notice that Victim Services offers short term counselling, I am a long or a short term counsellor depending on the needs of my clients, some clients I have seen for a number of years.

2. I take the pamphlet: Family Violence Support Services Eastern PEI.

3. I ask Cpl. George if my car has been towed, he says yes, I tell him that he knew that I have no money for my telephone bill and he tows my car, I introduce him to my mother.

4. Cst. Tardif comes so I can write a complaint against Cpl. George and Sgt. Thorne, she asks me if I want to go into the other room there to write, I say no, I only feel safe where I am.

5. I ask which constables went by my house and talked to my kids, she says she is unaware of that.

6. I tell her that I never want the RCMP to talk to my children.

AFFIRMED before me at )

Georgetown Court House, )

Kings County, Province of )

Prince Edward Island, this )

15^th day of May, 2003 )

)

_______________________ ) _______________________

A Commissioner for ) DEBORAH J. HAWKES

Taking Affidavits )