Hello everyone, and welcome to The Terrific (Two for Two) Tuesday Edition of The Good News Journal, thank You for being here! I have a very exciting Edition today involving two of My most recent Court adventures…
The Friend I have been providing Counsel for in Canada’s Courts got a bit of a raw deal last week. Before the Christmas holiday break, I had negotiated a resolution agreement with Crown My Friend was very satisfied with. My Friend had agreed to twenty hours of community service and Crown had agreed to withdraw all charges upon the completion of the hours. I didn’t like the deal, I wanted My Friend to go to trial; but it’s not up to Me and it is a really Good deal because it guarantees My Friend Will have no criminal record. So even though it cost My Friend twenty hours of free labour (performance demand), it also makes the whole thing Magically disappear, ‘like it never happened’.
However, when I returned to Court last Tuesday with My Friend, Crown reneged on their agreement, insisting that only two of the three charges against him were being withdrawn and that he would still have to go to the police station to have his finger prints taken. I was furious, but everyone who Matters seems to become visibly agitated the moment I Stand up to address the Court to defend My Friend. I had done all My work ‘behind the scenes’, and I had expected prosecution to Honour their agreement but sat in on the proceedings to make sure. When I stood up to defend My Friend, he turned to Me and said, “Don’t worry about it, I’ll just go and get them done. I don’t care, I just want this thing over with.”
I glared at the Justice, then turned back to My Friend, “Are You absolutely sure?”
“Yeah, yeah, it’s okay.”
The entire Court seemed to freeze for a moment, just like they do in movies when Time stops for everyone but the main characters. I looked back at the Justice and over to Crown one last time before reclaiming My seat, the freeze frame ended and the proceedings continued. My Friend agreed to have his prints taken and return in one week to prove it had been done.
I was not happy and told My Friend that if he’d as King of Me to, I would have made sure Crown made that charge disappear, too. “No, I really don’t think they like You, they always seem to get pissed off whenever You say anything, I didn’t want to make things worse. I was afraid the Justice might yell at Me or something. I just want this to go away.”
“That’s because they are scared. And I don’t think You ever have to worry about the Justice yelling at You, it Will be Me they yell at if they yell at anyone – and I really don’t think that Will ever happen again. They are afraid because I’ve already filed a complaint with the Judicial Review Board and I don’t think they want to Give Me any reason to do it again.”
“Yeah, I know You’re right, this just seemed easier. If it happens again, I’ll let You do Your thing.”
I wasn’t thrilled because it also means I have to return to Court. As much as I like what I do, I don’t like it when People don’t Keep their Word, and I felt like this was a jab at Me, not My Friend. I exude confidence in Court – My Friend, not so much. They knew he was easily intimidated and took advantage. Maybe it was an honest mishap or mistake, but I don’t believe in coincidences and I think they were trying to see what they could get away with.
Today was the day We were scheduled to return and I really wasn’t looking forward to going. There had been some kind of miscommunication between Crown and… Crown, I guess. Prosecution called Me last Thursday saying My Friend hadn’t completed his community hours, how was I planning to proceed on Tuesday? I had Hand delivered proof of My Friend’s community hours last Tuesday and wondered what kind of games they might be up to now. And again, pretty furious reading the e-mail.
I sent a scathing reply, explaining that I had no Idea what Crown was tall King about, My Friend had Honoured his agreement, and it was ALL on the Court of Record. I explained that I was of the understanding Crown was now as King of My Friend for prints, and that Crown should consider themselves lucky My Friend had agreed to accommodate the request.
The banter went on a bit. Crown came back with something of a scathing letter, too, though the arguments made were considerably weaker, suggesting that prints were not a request, they were mandatory, and My Friend’s Willingness to accommodate was irrelevant.
Of course, the tone and attitude of the letter only infuriated Me more. I came back saying that as King of My Friend for prints was, ‘Contra Bonos Mores’, or ‘Against Good morals’, and in bad faith Given Our resolution agreement. I concluded with, ‘Whether My Friend shows up with prints on Tuesday or not, I Will be expecting Crown to withdraw the charge or I Will inform the Justice of this immoral act in bad faith. I received no reply and really wasn’t sure what to expect when We showed up for Court today.
Surprise, surprise, it was a new Crown! And My Friend had not been able to get his prints done. My Friend told Me he was at the police station for over two hours and got fed up waiting. I just laughed, “Good. I don’t want You to do them anyway, let Me see what I can do.”
It took a bit of time but the new Crown was considerably kinder and more accommodating than the previous Crown I had been negotiating with. After perhaps ten minutes of private discussion, Crown agreed to withdraw the charge and I went back to the lobby to Give My Friend the Good News. He was ecstatic!!! And when it was all finally over, My Friend politely thanked the Justice, then turned to Me and said, “You are the best lawyer I’ve ever had, if I ever get in trouble again, You Will be My first phonecall!”
And he said it loud enough for the whole Court to hear! Pretty awesome moment for Me. But it only gets better. My Friend left and I went up to the Crown’s office to grab a request form for some additional disclosure pertaining to My own Matter.
“Can You spell Your name again for Me?”
“You sure You have a case? This here says Your case is closed.”
“Really? Are You absolutely sure? I really need You to make sure, I don’t want any mistakes.”
“No, I’m reading the file now.”
Apparently they tried to contact Me but didn’t have My phone number. How they don’t have My phone number is beyond Me, but whatever. I as King of the clerk if there were any notes on the file, any reason as to why the case is closed or what the outcome was?
“It says here that the charges have been withdrawn at the request of Crown.”
“No, that’s it. You’re free!”
“Wow, I guess this is a doubly Good day!!! Now I can file a counter claim against Constable Christopher Jenkyn for spoilage of evidence, unlawful arrest, confinement, detainment and assault causing bodily harm. What a wonderful Way to start the year!!!”
The lady at the kiosk seemed genuinely excited for Me.
I have a lot more thoughts to share about this because I really was not expecting Crown to withdraw the charges, though admittedly, most of My Friends did.
It’s one less thing on My plate and it allows Me to regroup and refocus My attention on being a plaintiff, which is considerably less risk and (for Me) just as much fun.
I hope each of You are having every bit as Terrific a Tuesday as I am! Till next time,
Love and Blessings
@ottawacity @JimWatsonOttawa @roccogalatilaw #Homelessness #Poverty #HumanRights #Dignity
Any elected officials still #Honour their #Judicial #Oath of #Office?
How do #Canadians #Achieve #Justice?
Is #Canada a #Democracy or a #Quiet #Dictatorship?@Puglaas?@GGJuliePayette? https://t.co/gD8bws94lQ
— vonDehnVisuals (@vonDehnvisuals) January 14, 2019