St. Ann's update- Monday, Jan. 4th, 2010: adjournment and nonsense
St. Ann's update- Monday, Jan. 4th, 2010: adjournment and nonsense
-
Had today's trial adjourned to set a date on MONDAY, MARCH 29TH, 2010 at 9:00 in courtroom #103.
Was looking at the Appellant Court disposition on the main 'right to shelter' case. What a load of horrendous crap. It really really needs to be appealed to the Supreme Court of Canada because to content ourselves with (from para. 160)-
"There has been disagreement as to whether “temporary” refers to the nature of the shelter’s construction, or to the length of time that it is able to remain in place. The evidence in this case was directed at the need for homeless persons to erect temporary overnight shelter, in order to be able to sleep outside. The declaration granted should, therefore, refer to “temporary overnight shelter” rather than simply to “temporary shelter”. This should clarify the intention that the City is required to allow shelters to remain in place only for the overnight period."
and (from para. 166b)-
"Sections 14(1)(d) and 16(1) of the Parks Regulation Bylaw No. 07-059 are inoperative insofar and only insofar as they apply to prevent homeless people from erecting temporary overnight shelter in parks when the number of homeless people exceeds the number of available shelter beds in the City of Victoria."
is morally and criminally negligent.
David and I need a big fancy lawyer and/or I need a big fancy lawyer to appeal this BC Appeal's Court ruling to the Supreme Court of Canada because, as it stands anyone in Canada who cannot afford to sleep during the day, especially in crappy weather, cannot lawfully do so, lest they have predetermined opportunity. And not furthering the litigation passed the Appeal's Court of BC is to acquiesce with the horrible nonsense. Having any other litigation end up blaming the defendants if they didn't have the wherewithal to take this matter to the highest court... because people want to pretend there was already an acceptable victory (the 'acceptable victory' being the admissibility of expert testimony that says that, not only, is sleep a necessity of life, the basic requirement for sleep is shelter from the elements).
Now, can it be presumed that right now, or sometime in the future, to sustain life someone will have to sleep during the day? The City of Victoria officially does not contend with the fact that there is nowhere to sleep during the day (no emergency shelters open that allow sleep), so that shouldn't be a problem.
HELP! Seriously! There is a need here. A massive need. For good pro bono lawyers with access to an office. HELP! For Christ's sake and in the name of all that is holy and right. For the gov't to do what is being done they need a court to say they have 'section 1.' allowance (so as to legally intrude on civil liberties). Until that time this anti-day-time-sleeping Bylaw is unlawful and is challengable, with much reward at success, or at least, the ability to say that avenue has been tried at failure.
cheers
David Arthur Johnston
Victoria, BC, Canada
Hatrackman@Gmail.com
Home page- http://www.angelfire.com/apes/hatrackman
Journal of the Occupation of St. Ann's Academy (Victoria, BC, Canada)- http://www.angelfire.com/apes/hatrackman/welcome.htm
Crimes of Necessity- http://www.loveandfearlessness.com (from filmmaker Andrew Ainsley. Very comprehensive.)
Everything Tent-city- http://tentcity.wikidot.com
The right to sleep; The charter of rights and freedoms;
I am in a trial here in Victoria for sleeping outside. David Arthur Johnston took a vow of poverty . He refused to touch or use money. I was here . I filmed the whole story along with arrests, (see loveandfearlessness.com)since 2004 .He realized he had a right to sleep. /sleep is a necessity of life. Without it you go crazy or you die. Simple yet David has been arrested over 40 times and put in jail for doing just that. Seeping outside. Today again Nov 24 2009 David will set up his protest camp and again get arrested. I have also been arrested for this same crime. And yet the charter says Sec7 You have a right to life liberty and the security of your person.
No you do not . Not according to the city who make the rules governing the population. They have the right to make bylaws controlling you. So we go to court.
After 4 years of active court and jail time. We make it to supreme court and in a precedent setting case , Justice Ross says yes you have the right to sleep outside.
Headlines across the nation. They lost , We won. The charter was upheld. Hold it .The law of absurdity has no boundaries. The city has the right to make by-laws. The city is this elected council 9 people who democratically rule. True . This is outright bullshit . Democracy could be two lions and a deer deciding what to have for lunch. The city after the court ruling makes up a new law which says yes you can sleep outside but not after 7 am or before 7 pm. So for half the day you have no rights and I am not kidding you. They can do this and they are doing it. Grant Hamilton spokesperson for the Victoria police is obeying the laws of the city for the mayor is chairman of the police force . He says they have a policy of graduated enforcement which means that what they do is, First they inform you of the cities by laws which state that you cannot sleep after 7 am of before 7 pm.Then they tell you that if you insist on staying they will take your gear. Any thing that is on the ground, chattels they call them. They leave you without protection from the elements and put you life at risk. This is in direct contradiction of the law as passed down by Justice Ross which said that the original city law which said that you can’t sleep in parks at any time was a fundamental breach of justice and was illegal .The cities lawyer Troy deSouza has admitted by avadavat that the conditions which rule the night re shelters also rule the day. In fact there is less legal space in the day then there is at night, therefore in a reasonable thinking mind it is easily understood that the supreme court law which said that you can’t legally stop a person from sleeping in the night would also apply in the daytime . I.e you could have a night job or you could be sick and need to sleep in the daytime..
The second big reason why this law is ambiguous is the 7 am and 7pm deadline In the winter it’s dark at 5 pm and at still dark at 7 am . The supreme court law says its illegal to stop someone from sleeping overnight .Night is when it is dark .The city in it’s majestic power has ruled otherwise.
The bylaw is unjust and an unjust law is no law at all. You have the right yet you will be arrested by the city and if you do not move you will be put in jail. The city in it’s majestic absurdity has again suspended justice and forced David and I to challenge once again the injustice of the law
If you do not have the rights to the necessities of life you have no rights. Case closed. Yes we have a revolution . not a stupid slaughter revolution but one of truth. A passive active stand by one man, David Arthur Johnston By example , who says(Give me justice or kill me) The city is wrong. And we have to set it straight which is why I am doing what am doing in writing this . You need to know.
Jan 6 2010
> To the trial coordinator re Victoria city v. Adams 2009 bcca 563 on
> appeal from the supreme court of b.c. 2008 bcsc 1363 -bcsc 1043 docket
> 05 4999-
> I would like to address the judges in this appeal decision on the
> following questions for intrepretation.
> To define temporary . The city has rewritten the bylaw to adjust to
> the Adams decision by making the bylaw operate between the hours of 7
> am and 7 pm. this has made it impossible for people to camp during
> the day . I believe the interpretation of the law which recognized
> that the necessities of life and the security of a person to protect
> themselves has been viloated by this new bylaw. It has made the law
> ambiguous and no proper interpretation can be made. If it is a breach
> of fundamental justice to deny anyone the right to sleep during the
> night and the same conditions apply during the day then it should be
> made clear to the city that this is again unjust. A definition of
> temporary should be understood as when necessary.
> And Night is defined by blacks dictionary to be when night falls or
> sundown to sunsrise. It is dark at 5pm in winter and still dark at 7am
> yet the bylaw states that overnight is between 7pm and 7 am .This is
> contrary to a legal definition of night.
> A further clarification from the appeal court judges is requested to
> define for everyone the law. Both David Arthur Johnston and myself
> have been charged with breaking this new bylaw . Thank you David
> Shebib 1489 myrtle ave V8R2Z5