JCT: It was a very frustrating day. Last July 17, I was with
Terry Parker in Brampton Provincial Court and I had
forgotten to include the request to approve the manner of
audio-taping contained Section 136 of the Courts of Justice
Act. Most judges are unaware of this part of the "Courts of
Justice Act" and so, Judge Andre summarily refused to let me
turn on the tape-recorder as so many more learned or alerted
judges had already done.

So I wrote a specific new Application to tape-record which I
served on Crown Chris Leafloor before the hearing.

ONTARIO COURT OF JUSTICE
(Criminal Division)
Between:
Terrance Parker
Applicant
and
Her Majesty the Queen
Respondent

NOTICE OF APPLICATION TO APPROVE MANNER OF TAPING
(Pursuant to S.136 of the Act)

TAKE NOTICE THAT on Sep 19 2006 at 10am or so soon
thereafter as can be heard the application at the courthouse
at 100-7755 Hurontario St. in Brampton pursuant to S.136 of
the Ontario Courts of Justice Act which states:

"nothing prohibits a party acting in person from
unobtrusively making an audio recording of the court hearing
for the sole purpose of supplementing or replacing
handwritten notes in the manner that has been approved by
the judge."

Applicant seeks approval for the manner of turning on a
portable tape recorder to unobtrusively make an audio
recording of the court hearing for the sole purpose of
supplementing or replacing handwritten notes or for any
other manner of audio-taping deemed preferable by the court.
Dated at Brampton on Sep 19 2006.
For the Applicant:
Terrance Parker
TO: Ministry of Justice, Brampton
TO: The Registrar of the Court in Brampton

JCT: When we got to Room 309, my setting up the tape-
recorder caused some consternation to the court clerks who
assured me that it couldn't be used. I just said I'd be
directing my request to the judge.

Once again, we weren't on the list in 309 but it's where
Chris Leafloor showed up too so we were in the right place.
We were told that we had been added to the docket in Room
#303. So we trundled over there but Judge P. Wilkie already
had 3 cases booked for 9 hours of argument and wasn't happy
that Leafloor was bumping the other Crown's cases for ours.
Since it was only going to take an hour, he said.

I set up the tape-recorder and never got a chance to point
out Section 136 because Chris pointed at it to mention I was
going to want to turn it on and Judge Wilkie said it wasn't
going to be turned on without getting to find out about
Section 136 that says: "nothing prohibits a party acting in
person from unobtrusively making an audio recording of the
court hearing..."

After a while, he took off to speak to the Trial
coordinator. Then the Crown and Leafloor were called to the
judge's chambers for 15 minutes. After they came back, Judge
Wilkie said we were to go to the Trial Coordinator and get
heard by the first judge whose docket got freed up first. If
no court was found, he'd see what he could do. The judge
mentioned he might even read the material during lunch.

On the way to the trial coordinator, Chris kept saying that
that's what happens when I pushed to have it heard quickly.
Then when we got there, he went into a long song and dance
about how we'd need to find a freed-up court with a block of
2 hours. I protested he'd told the Court 1 hour we needed 1
hour but the clerk put down a block of 2 hours.

When the lunch break was called, we ran into the original
Crown from Court #309 who said the docket had been cleared
and we'd be heard there after lunch. Okay.

After lunch, Judge Rosemay entered and opened the hearing, I
thought. I tried to hand in the application I had served on
Chris about the tape-recorded but the judge simply refused
to allow me to hand in the application. We were going to do
what he wanted to do, not what I wanted to do. He wanted to
ask me questions. I was stunned, not sure how he was going
to know what questions to make my case with.

I explained everything up to Terry's application to Pitt
before I was cut off and the Crown put on the spot. It
seemed pretty "clear" that Parker had the right to his pot,
what was the Crown's problem?

Leafloor said Parker's exemption for cultivation did not
apply because this was a matter of possession. He pointed
out Health Canada had granted Terry some exemptions and when
they expired, Parker's court-protection expired too. That's
when the judge asked me to explain how Pitt applied. So I
continued where I left off and completed our case.

The judge made me explain why he had jurisdiction and tried
to say that there was some problem but Chris pointed out
there had been an admission by cops who had seized the pot.
So now the judge knew we had a solid case. So when Chris
handed up his 2-inch thick sheaf of documentation and the 62
page transcript of Terry's examination and the judge decided
that the case as going to take a "full day," that it was
unfair to ask the court reporters to stay for a long
hearing, and that he wasn't going to hear such a long
application. Better Terry should go without his medicine for
another few months?

I never got to point out I had already finished my case in
10 minutes and we were supposed to be finished in an hour.
Leafloor was in Heaven, a judge who wanted to hand off the
hot potato as much as he did. Trying to find a full day to
hear our 1-hour motion wasn't going to be early. No chance
to point out to the judge that we were almost finished with
still up to more than 2 hours to go.

The only useful thing is that I entered the motion to tape
into the record so the next judge will at least know about
section 136. Considering that Judge Andre, Wilkie and
Rosemay all blew their Section 136 test, it's obvious that
my letter to Chief Provincial Judge Lennox asking him to
alert Ontario Judges was not acted on. Maybe a letter to the
three judges asking them to pass on the word since Judge
Lennox had failed is called for. I'm tired with dealing with
judges too snooty to know their own rules.

So we got booked for Jan 2 2007 10am before Judge Clemens.
This hearing before Judge Rosemay was simply an attempt to
get it thrown out and then a complete waste of time.


--
Abolitionist Slave Leader John C."The Banking Systems Engineer" Turmel
for UNILETS interest-free time-based currency in U.N. resolution C6
to Governments in the http://www.un.org/millennium/declaration.htm
http://www.cyberclass.net/turmel 519-753-0645 USENET: can.politics