News - Stories and Rants
Thursday, 24 September 2015
Summary Charges: a fast track to trial and conviction – access to justice irrelevant.
Charles LeBlanc has repeatedly asked the Fredericton court reporter, Don MacPherson, to write an article on the injustices of summary charge prosecutions. Charles has learned, the hard way, that summary charge process is little more than a fast track to trial and conviction – unless you know the law better than a lawyer. Even then judges argue on behalf of the Crown and protect dirty cops.
Just before his hearing, on 18th September, 2015, Charles asked MacPherson (yet again) to write an informative article on the disaster that is summary charge prosecution. In response the court reporter stormed out of the hearing, saying Charles obviously didn’t want him there. Nothing could have been farther from the truth.
Don MacPherson has said many times his job is only to report what he hears and sees; he does not investigate or pass opinion. The trouble is what he hears and sees is not always what is reported. MacPherson also lectures people for attacking his “journalistic integrity”. I think his article, published on 21 September, tells us exactly where his journalistic integrity lies. Even though he did not “see” or “hear” anything of Charles’s hearing (having left in a tantrum) he still wrote an article as the court reporter. His short article was full of errors and misinformation, including a false and defamatory headline, saying Charles was going to trial for assaulting a police officer. Better to write nothing at all than to misinform the public and defame someone.
The Irving press clearly has no interest in educating the public, exposing systemic abuse or improving quality of life in this province. It is actively suppressing systemic wrongdoing and the court reporter seems to be one of Irving’s instruments. Since the Irving press won’t write the article I will. The public needs to know.
There are two levels of criminal offence in Canada: summary and indictable. Summary is less serious and the chosen route for most complaints. Depending on the offence, a summary conviction can result in up to 6 – 18 months incarceration and/or fines up to $5,000. It is still a very serious matter, negatively impacting reputations as well as Charter rights to liberty, security and equality – sometimes even life, as we saw with the tragic outcome of RCMP Corporal Ron Francis’s ridiculous charges and prosecution.
Under the Criminal Code of Canada the Federal Government has set up a two-tier system for laying, prosecuting and trying the two levels of charge. The differences create a huge disconnect for access to justice. Those charged with indictable offences have far more access to court process that may prevent a charge from proceeding to trial, assuming the accused know their rights, or have a competent lawyer (both of which are rare as the yeti).
Both types of charge are usually laid in provincial court by police officers who swear an “Information” before a judge. However, for more serious indictable offences, the Crown can prefer an indictment, submitted directly to the Superior court, which is not so common.
What are the big differences between summary and indictable criminal process? When indictable charges are presented to a court the judge is required to review the grounds and evidence before accepting it. This may require a hearing, held without the public or accused allowed, so I doubt that happens very often.
After entering a plea those accused of indictable offences can choose to be tried by one of the following: a provincial court judge; a Superior Court judge; a Superior Court judge and jury. The defence can also request a preliminary inquiry, which is a hearing to decide if there is enough evidence to proceed to trial. There are no such luxuries provided for summary offence prosecutions.
When a summary charge is laid judges are under no obligation to review any evidence or grounds. There is no right to a preliminary inquiry and no right to elect if the trial will be in provincial or superior court, or by judge and jury.
The Criminal Code also does not allow appeals from interim judicial decisions – however appalling – until the accused has been convicted and/or sentenced. In short, the criminal justice system is designed to fail defendants. There seems to be a nationwide agenda to use summary charges to fast-track people to trial, which almost always results in the Crown winning a conviction, based on little to no evidence and police officers “testilying”. (“Testilying” is the act of police lying on the witness stand – yes, it is so common it even has a name.
As we all now know, Legal Aid Services New Brunswick is withdrawing even basic services. Many people facing jail for a summary charge are not represented. Summary trials seem designed to convict people as quickly as possible. I heard a Fredericton Provincial Court judge say her trials average 30 minutes.
So, why is our criminal justice system such a disaster? First, I think this province has very few real jobs. Zero growth in business and industry and a contracting job market means the government has to preserve a facade that we need lots of police, judges, sheriffs, court staff, jails and their employees and Crown prosecutors. Without those jobs this province would be in an even bigger economic crisis than it is already in.
And let’s not forget the other winners in a prosecution: defence lawyers. Prosecutions create jobs and income for them. Private defence counsel costs up to $500 an hour. Even if you can pay that your lawyer will be working to clock up the hours, not to acquit or terminate the proceedings in favour of the client.
We don’t have speed dating in New Brunswick – we have speed prosecuting.
Wednesday, 23 September 2015
Blogger Charles LeBlanc will sue the Irving media during the next few weeks or months!!!!!
I have no choice but to bring this issue to Court!!
I had a few people confronting me of the assault of a Police Officer but they never read the correction...:(..
It would be the same as me writing the Irvings caught with little girl and I regret the error the next day..
All they have to do is apologize on the front page and this MIGHT save a lot of hardship!!!
P.S. Look at the difference between the letters from both stories...letters are VERY tiny in the apology one....not right....
Tuesday, 22 September 2015
Listen to John McKay Speech!!!!
I'm not one to listen to 30 minutes videos but I'm glad I did with this one....
Nobody can explain politics better than this guy!!
Nobody can explain politics better than this guy!!
Disable and Mental people are told to walk home after being release from Provincial Jail!!!
I predict someone will die this winter. The Government believe this is a BIG Joke!!!
The Court are sending New Brunswickers to jail and there's nothing the people can do beside a revolution!!!!
If they Jail someone? They should bring them back home.
I predict someone will die in the cold somewhere in New Brunswick this Winter
If the Sheriffs can bring them to Jail? Why not bring them home?
We need a Provincial Jail in Fredericton but we can't because this City is full of horny bastard!!!
< Kingsclear >
Monday, 21 September 2015
Fredericton Daily Gleaner tells public that Blogger will on Trial for assaulting Fredericton Police Officer!!!!
I just couldn't believe they would do such a thing!!!!
I noticed this morning people were giving me a strange look < more than usual!! >..:P
So? ONCE AGAIN???? The story that I'm going to court is in the Irving media before I know it!!!!!
I better get ready for another raid or the Cops might arrest me on the street and put me in jail until the trial!!!
They will say - Hey??? I read it in the Irving media so therefore it must be true???
Always something!!!!!
A VERY upset Blogger Charles LeBlanc telephone the Fredericton Daily Gleaner!!!
Sunday, 20 September 2015
A observer view on the motion hearings on Blogger Charles LeBlanc!!!!
This is the idiot who attack me on the streets but the Cops changed the story and the Judge sided with the Fredericton Police!!!! SCARY TIMES IN THE CAPITAL!!!!! You see this idiot? Run or ignore him!!!!
September 18th 2015
Hearing
New Brunswick judges hear nothing at “hearings”
Charles’ hearing on 18th September, 2015, should have been about his formal application for state funded counsel, and his motion to order production of the transcripts/audio recordings of the hearings and evidence so far. The day before the hearing Charles was served a 252 page Brief, from a lawyer in the NB Attorney General’s office (Maya Hamou), obviously filed to argue against the application. Hamou also appeared at the hearing, to argue against Charles’ application.
Ker-Ching! The cost of preparing that document, making multiple copies, and counsel appearing could have paid for many hours of legal aid representation for Charles; instead the money was spent stopping him from exercising his right to counsel.
When the judge entered the courtroom Ms. Hamou introduced herself as representing the Minister of Justice. Her documents came from the Attorney General’s office and said she was “counsel and agent” for the respondent – which is the Attorney General. The Minister of Justice is not involved. I guess the Attorney General wants to pretend this is not his responsibility, and “patsy” Stephen Horsman is there to hide behind.
The judge then read a summary of the case so far, in a very stern voice. He confirmed he would not hear the Application for state funded counsel, but Mr. LeBlanc could pursue that if the matter goes to trial, He indicated he might not be the trial judge. He also refused to hear the motion for production of the transcripts, or audios of the hearings so far. This means Charles has no access to relevant evidence, on the public court record, which he is entitled to. The judge gave no reason for simply refusing to hear those matters.
Charles also filed further submissions requesting new information to be taken into account, on his previous motions, and requesting an adjournment until he had the transcripts, because he needed the evidence to support his motions. The judge told him he was not going to pay any attention to those materials.
Another important issue Charles raised was being denied the opportunity to re-examine himself under oath, after the Crown cross-examined him on his affidavits. The judge simply refused him that right, no reason given, and kept saying: if Charles had not filed so many motions the trial would have been over by now! (Yes, and Charles would, without a doubt, have been convicted for something he didn’t do.)
Examination of witnesses is a principle of fundamental justice, as is the defence’s right to have the last word. During this most recent hearing, after Charles had cross examined the Crown witnesses, the judge asked the Crown if it wanted to re-examine – something he did not do for Charles at previous hearings. The Blogger is being treated very differently than law requires. The judge’s only reason for denying Charles his lawful rights seemed to be a drive to hurry things to trial.
The Crown called its FPF witnesses: Cst. John Lally, administrator Shawn Quartermain and S/Sgt. Matt Myers. Crown’s direct examination, of course, only asked questions that supported the Crown. When Charles cross-examined them Crown counsel objected to almost every question, saying, “That’s for trial...” The judge supported the Crown and constantly interrupted, to explain why Charles could not ask those questions. This, of course, took our ADHD blogger off course and made him question every one of his own questions, which seemed to be the desired outcome.
Some interesting facts did come out during the examinations though. One was how many senior police officers were involved, in pushing this very trivial, petty matter to a very costly charge and prosecution. After telling the Court he was “second in command of the Major Crime Unit”, Matt Myers said this complaint went to a Fredericton Police Executive Board for approval. The Executive included the Chief of FPF Leanne Fitch, the Deputy Chief and Cpl. Linda Johnson. Corporal Linda Johns was the “FPF Quality Reader” of complaints, who recommended the matter be investigated by the Miramichi police, at huge public expense.
Myers also stated he pays no regard to public costs of such investigations and is not required to, adding the police exercise their discretion, case by case, on whether matters should proceed. Charles always seems to be the one they exercise their discretion to persecute and prosecute.
At least Charles established, on the court record, Andrew Spencer decided to confront him that day and the police all agreed. They also agreed the confrontation was about an interview Charles made, with a father and son. All of the cops swore, under oath, at no time did any of them view it or obtain a copy, so see if Spencer had any reason to confront Charles. At the last three hearings Charles confirmed he wanted to play the video, to prove Spencer lied about its content. He was refused. The court clearly does not want to review any evidence that might prove this charge is a fabrication, with no evidence to support it. The court’s have a duty to resolve matters in the most cost effective, timely and just manner – which is not happening here.
This entire proceeding continues to be a vile miscarriage of justice. It is an abuse of process, waste of public money and is an insult to the Canadian Constitution. This latest fiasco, of a Kangaroo court non-hearing, is confirmation that Charles and his truth-telling blog are so important that tens of thousands of public dollars are being spent to shut him up – and stop his civil actions against the City of Fredericton from proceeding.
New Brunswick Justice is being seen for the fraud it is. As I was told recently: the only place to find justice in our Fredericton courthouse is the carved word over the entrance.
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