Statement of facts (re: right to shelter appeal)...

This is a 'statement of facts' I've put together with the hopes that the City will agree, making the appeal process a bit more simple. I do not know if they'll feel like it as, if they do not sign that they agree, the appeal may be left to the private firm transcript company holding the key to furthering justice. The genuine 'privatizing' of justice... if ya can't afford it, then its your fault for being 'poor' and justice will not come through the courts... I digress...

Statement of facts.

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[1] On Monday, the 9th of February, 2009, David Arthur Johnston and David Michael Shebib were arrested for collection of multiple ‘no temporary shelter during the day’ Bylaw tickets.

[2] On the following Thursday, February 12th, after a half day trial, Provincial Court Judge, Blake, found that both were guilty and reserved sentencing until March 5th, 2009.

[3] On March 5th, David Shebib was ordered to pay his fines and given a condition to abide by the City’s restriction on erecting temporary abodes during the day. David Johnston, because of his ‘vow of poverty’, was given an order to complete 40 hours of community service, probation, and the same condition to abide by the City’s Bylaw.

[4] An application to appeal was submitted on March 24th, 2009.

[5] Wednesday, May 27th, 2009, Mr. Shebib and Mr. Johnston were granted leave to appeal, in the form of a trial de novo to allow appellant, David Shebib, to enter evidence of lack of daytime shelter beds within the City.

[6] On Wednesday, October 14th, 2009, at an adjournment hearing, the City’s lawyer admitted that the City does not contend with the fact that there is no daytime shelter beds.

[7] On November 25th, an application to re-designate the appeal from a trial de novo to conventional, as there was no longer need for additional evidence, was granted, the City agreeing to provide an affidavit confirming the lack of daytime shelter beds.

[8] On January 13th, 2010, the appeal was scheduled for early April, pending Mr. Johnston’s application to either forego the necessity for transcripts or have their fees waived, which is heard on Wednesday, January 27th, 2010.

[9] David Arthur Johnston and David Michael Shebib presume the ability to, conscientiously, provide one’s self with shelter enough to sleep, during the day, a civil liberty and, as such, to lawfully deny it would require a section 1 allowance or a utilization of the Crown’s Royal Prerogative.

[10] There is no s. 1 allowance and the Crown has given no notification that they’ve utilized their Royal Prerogative.

[11] The City presumes allowing the liberty to sleep during the night enough to placate the s. 7 deprivation of a perpetual ban.