JCT: I've already written about the irregularities going on in
the backrooms of the Ontario Court Court of Appeal with respect
to James Turner's appeal. More shenanigans deserve a complaint to
the Registrar in charge of the administration:


Court File No. C49904

COURT OF APPEAL FOR ONTARIO
Between:
JAMES TURNER
Appellant-Accused
and

Her Majesty the Queen
Respondent/Plaintiff


July 31 2009

Huguette Thomson, Registrar
Ontario Court of Appeal
130 Queen St. W.
Toronto Ontario
COA.e-files@...

Dear Ms. Thomson:

1. The correspondence in the court file shows that you informed
me that the transcript prepared by the Ottawa Court Reporter had
been rejected by the Court of Appeal Registry and we were all
waiting for the transcripts to be available before each filing
our facta and then the Certificate of Completion. Unfortunately,
while upgrading the transcript, the court reporter died and the
transcript languished on the back burner of the Ottawa Reporter's
Office but is now ready.

2. Yet, I was informed that the appeal had somehow been scheduled
for hearing on June 16 2009 without the transcripts, the factums
or the Certificate of Perfection, in Kingston after Appellant had
indicated I wanted to be heard in Toronto with my supporters.

3. Criminal Appeal Rule 15: "Where the appellant is not
represented by counsel, the Registrar may require the Attorney
General to prepare an appeal book."

4. Fine, the Crown has been preparing the appeal books for the
self-represented since R. v. Parker in 2002.

5. Rule 16(1) "Except in an inmate appeal, all parties to an
appeal shall deliver a factum."

6. There are no exceptions for skipping the filing of factums in
an appeal. Is my R. v. Turner the first appeal to have gone to
hearing without any factums in the record? Is this a first?

7. Rule 18(1) "Except in an inmate appeal, the appellant shall
serve on every other party to the appeal one copy of the appeal
book, one copy of the transcript and one copy of the appellant's
factum and immediately thereafter shall file with the Registrar
proof of service of the appeal book, the transcript and the
factum..."

8. None of these documents nor proofs of service have been filed.

9. Rule 18(2) The appellant shall file with the Registrar two
copies of a certificate of perfection stating..."

10. The Certificates of Perfection have not been filed. Is
scheduling the appeal without it another first?

11. Rule 18(3) "the appellant shall perfect the appeal within 90
days after the transcript has been delivered to the Court of
Appeal."

12. Transcripts have just been mailed to the Court of Appeal.

13. Despite the failure to comply with these four rules, I was
given notice by the Crown that the hearing of the appeal for June
16 2009 was now a fait accomplit which could only be changed by
Order of a judge.

14. I brought these irregularities to the attention of Justice
MacPherson and asked for an Order quashing the hearing date until
of the appeal until all transcripts, facta and Certificate of
Perfection were filed upon perfection of the appeal. I also asked
how the Crown had managed to get the appeal scheduled without the
required filing of transcripts in Rule 18(3); the required filing
of factums in Rule 16(1); the required filing of the Certificate
of Perfection in Rule 18(2); the required proofs of service in
Rule 18(1)?

15. Justice MacPherson dismissed the motion to quash the date of
the hearing until the rules had been complied with and approved
the unobtrusive way of taping the proceedings for my own notes
with a small tape recorder. I was told that the court would
explain at my appeal why they were not proceeding by the rules.

16. Before the hearing of the appeal, a member of the panel
slated to hear my appeal died and it was delayed.

17. Appellant has since continued to try to find out how the
Crown was able to schedule the hearing without complying with
rules 16(1), 18(1), 18(2), 18(3).

18. I again received notice from the Crown that the appeal is
once again scheduled for hearing on Aug 18 2009 upon the
incomplete record complained about in Kingston.

19. I ask the Registrar of the Ontario Court of Appeal to explain
why the Crown was able to schedule the hearing of the incomplete
appeal without complying with Rule 18(3) requiring transcripts,
Rule 16(1) requiring facta, Rule 18(2) requiring Certificates of
Perfection and Rule 18(1) requiring proofs of service?

Yours truly,

_______________________________
James Turner, Appellant
C-2501 Prince of Wales,
Ottawa, K2C 3H1
Tel/Fax: 613-212-3344/519-753-0645
Email: jamesturner1326@...

CC: mmcguire@...
Hai-Anh.Nguyen@...
johnturmel@...