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Sunday, April 08, 2012

Fundamental In-Justice

There is a concept called Fundamental Justice, which is related to Natural Justice.

Neither of these concepts truly exists for poor Canadians.

Only the rich can afford these luxuries.

The poor are slaves to Abuse of Process

initiated by the wealthy

I was almost given an order to see a "psychologist" today.

Because I write a blog

and it contains too many swears and non conformist behavior.

Why did Bill Hicks get away with it?

He must've had a better Liar.

I had a good Liar for court,

It made me uncomfortable

all those Liars,

But sitting watching the prosecutor Lie

I couldn't help

but feel nauseous

Just us

is what matters

money and boredom

and filing things away

washing things over

There is no balance

anymore

the scales are full

of paper bags and

machinations

what I wanted to cover in court

did not exist

I was only there to fulfill an obligation to the court

I really expected nothing

resembling

justice

So there I am

legal aid has paid for my lawyer

who's good, but in too much of a hurry

to care about real justice

It's a "win" for them if I just "agree"

and I'm informed of the greater threat

of how much more they can demand

for my crime of calling a nasty evil bitch a fucking cunt

there are nast y cunt bitches in the world

even working in the MHSD

Cunts who will accept a bag of money

to fuck someone over

cunts can take part in gangs and extortion too

but I don't get to subpoena witnesses

the prosecution is negligent in their duty of care

and always will be

police and law in vancouver

protects rich thieves

and doesn't waste time investigating

the complaints of the poor

---------------- so none of this, really exists, to the court, it was only me, being "evil"----------------

section 7 of the Canadian Charter of Human Rights states: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate."[1] These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state (e.g., the rule against unclear or vague laws).

There are two rules that natural justice is concerned with. These are the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem).

The right to a fair hearing requires that individuals should not be penalized by decisions affecting their rights or legitimate expectations unless they have been given prior notice of the case, a fair opportunity to answer it, and the opportunity to present their own case.


It is my personal belief that an inherent bias has been present in the entirety of these precedings. The very wording of the legislation that is being used against me as a tool of a motivated Abuse of Process, is vague and biased, as there is no empirical measurement of fear, and the process initiated and being pursued here has great capacity for abuse as a method of coercion for clients that this particular worker or branch office wish to divest themselves of.


Although the use of the C word is considered “vulgar” and “outrageous”, I believe I can show with sufficient clarity that my use of an outrageous exclamation in the act of asserting my rights as a human being to fair and equitable treatment and duty of care by a fiduciary agent of the province was not in fact out of order or an overreaction, given the already illegal nature of Ms. Barsky’s conduct towards me in the preceding minutes of the interaction.

In the interest of achieving the conditions necessary for a fair hearing of this matter, the following witnesses and evidence is necessary.

  1. At least 2 other witnesses that were in the MHSD office at the time of the incident between ms. Barsky and myself need to be subpoenaed by the court for cross examination.

    There were at least 5 other witnesses (employees of the MHSD) present.

    2 other witnesses are necessary to verify the events which occurred as the written account given by Ms. Barsky is significantly different than the written record which Mr. Taylor has of the incident.
  2. PC Smooth must be in attendance. The police report is written containing a number of non-factual statements and misleading phrasing. Since this report was written more than 24 hours after the incident it contains passages which appear to be rehearsed or coached. It is necessary to cross examine PC Smooth as the police report is a tool being used within a crime of Abuse of Process being committed by Ms. Barsky and her co-workers, which the defence intends on proving.

    PC Smooth was also Negligent in their Duty of Care to gather information from the attendant witnesses, including their names, which do not appear in the report.
  3. Dr. Venetia Mah must be in attendance. Dr. Mah used the police force in a similar Abuse of Process, and also initiated a psychological examination of the defendant for her own purposes, not for any reason of Mr. Taylor’s mental health. Dr. Mah and the defendant’s interaction with her are the actual instigating factor behind the continuance of this set of charges that would have otherwised lapsed. Dr. Mah also has a professional and business association with Dr. Donald Cooper.

    Dr. Cooper made deliberate attempts to falsify and lock certain parts of the defendant’s medical record. He is also related to Mr. Robert Cooper, a Toronto/Vancouver businessman who has been in a long contract dispute with the defendant, Mr. Taylor.

    This is integrally related to the MHSD and Mr. Taylor’s attempts to get a 4 year disability in order to have his torn anterior crucial ligament, and his hernia repaired, and a get a specialist which is required due to his intersexuality (a hereditary congenital genital condition, visible) and the PTSD associated with previous surgeries in which the right to informed consent was denied to him.

    The court is trying to prosecute by ignoring Dr. Mah’s indirect influence on the instigation of these proceedings and the incarceration of Mr. Taylor. Her presence would be required if the court was to actually consider itself involved in a course of fundamental justice.
  4. Margaret Walline: Manager for Elizabeth Fry Vancouver, current 3rd party administrator of Mr. Taylor’s MHSD communication. Ms. Walline will need to be compelled to bring all correspondence through email from her organization that references or is to, from, or about Mr. Taylor or aspects of his case.

    Ms. Walline’s organization is now in charge of Mr. Taylor’s interactions with the MHSD and has been performing poorly as an advocate and communication agent.

    The Elizabeth Fry Vancouver Organization uses a spam assessment service called Stargate.ca, a Burnaby based 3rd party service provider of information technology outsourcing.

    Stragate.ca is owned by a former business associate of Mr. Taylor

    Mr. Taylor will supply corresponding emails with headers to assess the completeness of the correspondences.
  5. It is possible that Ms. Barsky is herself related to, associated with, or in communication with a relative or close associate of Mr. Robert Cooper, Dr. Donald A. Cooper, or Anna Cooper. We would ask to see her phone contacts and ask questions regarding this as it appears that Ms. Barsky initiated an altercation with a client she knew from her record in front of her had PTSD and other health problems, and trough that instigation and subsequent Abuse of Process she was able to have Mr. Taylor’s MHSD file transferred t an organization where one of her friends/family’s associates, Robert Cooper, would then have access to Mr. Taylor’s private email communications through the Stargate.ca spam service.

    This spam service, with links to an external business entity antagonistic to Mr. Taylor, was also able to completely delay and delete at least 2 time sensitive emails to the ministry through e- fry. These emails and the bounced headers from stargate.ca can be supplied with electronic timestamps at the time of the hearing.
  6. Anna Cooper, Nurse for VCH at The Kettle friendsip society, venables at commercial.

    Ms. Cooper was in phone contact with the commercial drive office within one month of the interaction with Ms. Barsky.

    Ms. Cooper has a clear relationship to the previously mentioned business associate Robert Cooper, and she had direct influence on the staff at the commercial drive branch of the MHSD through phone calls made under some vague reasoning of mental health assessment.

    Ms. Cooper creates a second link to the commercial drive MHSD office and Robert Cooper, this lays the foundations for a possible finding of EXTORTION, and makes Ms Barsky’s and Dr. Mah’s initiations of police action against Mr. Taylor into Abuses of Process committed for the furtherance of Extortion by the 3rd party, Mr. Cooper, and his family and associates.

These are the people and things that I require to properly present my case in full before this hearing, and for me to perceive the proceedings as inherently just and conforming to the concept of fundamental and natural justice.

Damages

An Impact Statement is being prepared concerning the full extent of physical, emotional, and other related injuries and discomforts the defendant has endured as a result of this Abuse of Process. The defense will ask the court to award damages similar to other cases within recent history.

Damages will consist, at minimum, a request for compensation regarding 3.5 days of detainment, and continuing damages accrued during the last year in which the plaintiff has used her position as a fiduciary agent to continue to harass the defendant using administrative processes.

the summary:

3.5 days in jail, 4 hours in psychiatric assessment, and 2 years of legal observances,

for getting angry, shouting, and saying cunt, all with good reason.

That's Canadian Justice.

----------

Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue.

Barry Goldwater

It is not what a lawyer tells me I may do; but what humanity, reason, and justice tell me I ought to do.

Edmund Burke

This is a court of law, young man, not a court of justice.

Oliver Wendell Holmes

If we are to keep our democracy, there must be one commandment: "Thou shalt not ration justice."

Sophocles

There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.

Charles de Montesquieu

For there is no defense for a man who, in the excess of his wealth, has kicked the great altar of Justice out of sight.

Aeschylus

If you see oppression of the poor, and justice and righteousness trampled in a country, do not be astounded.

King Solomon

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