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View Full Version : WIN IN SUPERIOR COURT for Jacques D'Argy WITH COSTS !!!


To The Real King!!
June 17th, 2001, 02:38 AM
Hi Everyone,

Well my report on the thread at

http://www.innermatrix.net/members/forum/showthread.php?s=&threadid=3202

was right on the money.

The Judge, the honourable Mr. Jean Guy Boislard who had ruled for me two weeks ago travelled 150 miles to the east to rule on the Appeal of Mr. Jacques D'Argy and Richard Therriault in Drummondville and it was WELL worth going there to see it.

The Judge let the crown get out 2 sentences then he asked him "do you have anything NEW Mr. Denis or are you just going to repeat what we have already heard?"

The crown said he had nothing new, that it was the same issue. Judge Boislard blew his top. "Do you think I would change my mind in 2 Weeks" he asked? I waited all day Tuesday in my office for your call dropping this Appeal, but the call never came. I ruled for Mr. Scullion and Ms. Callan in Valleyfield 2 weeks ago and then Mr. Justice Tessier ruled for Mr. Gregory in Montreal and NOW YOU ARE HERE? What for? the state of the law is very clear. The Ontario Court of Appeal has also ruled and its CLEAR that the DirecTV® signal is public domain in Canada so I will rule against you.

He proceeded to make it clear that the appeal should not be before the court and that the Crown seem unreasonable convinced otherwise. But the courts have ruled. Then he proceeded to make a comment that was aimed at GS2's judge when he stated that it is the custom and courtesy to rule WITH a HIGHER court even if the judge did not agree with the ruling. Clearly GS2's case. He did not mention Judge Provost by name but he made it clear who he meant as no other judge has ruled against anyone. He was totally annoyed and even though Jacques had asked for costs in his written submissions he again asked "Mr. D'Argy would you like to have costs"? And Jacques responded, yes your honour I wrote that in my submission.

I didn't ask you what you wrote Mr. D'Argy said the Judge, WOULD you like COSTS?????

Yes your honour I would like costs.

So RULED says the judge, costs to Mr. D'Argy.

Well it was crystal clear to everyone in the court that he said this publicly to show the Crown that he was annoyed at their audacity of being there for this appeal and was awarding costs against them. For those who don't now, this is VERY UNUSUAL. Costs are almost NEVER given in these criminal type cases and the Greffe of the court told Mr. D'Argy when he called for the transcripts later that he MUST be mistaken. When he said no she pulled out the ruling and said that she had never ever seen that in her 22 years on the job.

So it goes without saying that the judge was VERY pissed and was making a clear point AGAINST the Crown.

As I said in my other post I think his presence there alone where he never normally goes was a message by the Chief Justice that this should NOT have taken place.

Finally the courts see that the crown has an exceptional Agenda here (Can anyone say BRIBES?) and that the courts wont put up with it.

That's 3 Superior Court Appeals LOST by the crown inside 2 weeks now so I think, as dumb as they are, that they may now get the message. But I predict that they will come back for more in the Quebec Appeals court soon and I also predict that they will get the SAME message again.

Its OVER for the Crown and I believe we will have 3 Appeals courts from Canada's 3 largest most populous Provinces to take to the Supreme Court of Canada with us. NEVER BEFORE has such strong jurisprudence been taken to the Supreme Court and this really leaves them no choice but to rule for US which is basically what they themselves have said in many other cases (probably half of them) that they have ruled on in the last 10 years. They are VERY unlikely to rule against us if we can just raise the money to actually get there.

This is the BIG ONE but unfortunately there is some doubt that we can raise the funds to get there.

We all have to pitch in ESPECIALLY the BIGGER dealers who have donated DIDDLY SQUAT up to this point. Consumers HIT your sealer for a BIG donation. Not hundreds of dollars but THOUSANDS as they should donate. After all it is their business that is at stake here as well as YOUR rights.

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Thanks & Good Luck,

To The REAL King!!
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ccds
June 17th, 2001, 05:27 PM
TTRK:

thank you for keeping us up todate on all this info>

:)

RiseStar
June 18th, 2001, 12:54 PM
Yes, maybe with a few rulings like this the crown will finally start getting the idea and the correct interpretation of the law through their heads and will think twice about doing it again in the future...

gunsmoke2
June 18th, 2001, 05:46 PM
I am very happy for Jacques and have spoken to him a few time since his win and success he had. This is no doubt another great decision.

I must admit the difficulty I am experincing when comparing mine to Jacques.. Gregory.. TTRK.. theres only one answer.. a bad ass judge.

GS2

RiseStar
June 18th, 2001, 10:11 PM
I must add that judicial careers have been signifigantly shortened for less that what your judge has done GS2. Maybe he realizes that he is a nobody, so he is trying to make a name for himself by making waves.

Justice will come for you also, one petty-minded provincial judge is not even close to being sufficient to reverse all these great judgements...

To The Real King!!
June 19th, 2001, 01:12 AM
Hi GS2,

Yes I am sure that Rise is correct and that they do keep a scorecard on Provincial Judges. Yours is OFTEN out of step with the most of the judiciary and while it may be fine to do that occasionally on issues that are close, this one is so VASTLY one sided as far as other judges at all levels are concerned that it for SURE will not enhance his reputation. Especially when judges like Mr. Justice Jean Guy Boislard make very uncomplimentary statements about him is the Superior court. That sure cannot be good.

But look at judge Provost. He is no spring chicken and he has not made it any higher that he has and probably is well aware that he will NEVER go any higher.

While they wont can him he will surely never get a promotion and that is probably already clear to him.

So he does some ---- that gets him noticed even if its in a negative way. This case really makes him look like a bit of a dunderhead or worse. Unfortunately he seems not to care.

Time for HIM to be retired or perhaps I will WAGER that is what he WANTShttp://www.legal-rights.org/images/ttrk.gif

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Thanks & Good Luck,

To The REAL King!!
-----------------------
Freedom has nothing to fear from the truth!

http://www.legal-rights.org/images/bllrbanner.gif

Please DONATE for the SUPREME COURT BATTLE AS I DID (http://www.legal-rights.org/donation.html)<---CLICK here

SammyBoy
June 20th, 2001, 04:40 PM
TTRK,

When the Supreme Court rules, and all of this is settled, what will happen to people who were found guilty, or the people that just accepted a plea bargain. Will these people be able to have their cases/suits overturned? I'd like to hear your opinion on this. Thanks.

Jeet
June 20th, 2001, 11:38 PM
Anyone who accepted a plea or was found guilty (and did not appeal or who has been sentenced) will be out of luck.

Laws change with the passage of time (i.e. abortion, capital murder, etc.) however convictions stay on the book.

gunsmoke2
June 21st, 2001, 12:30 PM
Hi Jeet,

I might have read your post wrong ? but if you are sentenced and you then appeal with a successful verdit from a higher court you are not out of luck as you will be aquitted of the original conviction as I understand it. I believe there would be not much reason to appeal if your conviction stays on the books.

GS2[Edited by gunsmoke2 on June 21st, 2001 at 11:37 AM]

SammyBoy
June 21st, 2001, 03:31 PM
Originally posted by Jeet
Anyone who accepted a plea or was found guilty (and did not appeal or who has been sentenced) will be out of luck.

Laws change with the passage of time (i.e. abortion, capital murder, etc.) however convictions stay on the book.

Correct me if I'm wrong but I don't think the Supreme Court will be changing the law. I think they will be determining whether or not the Crown is interpreting the law correctly? If the Crown has been arresting people for something that IS legal, how can those convictions stand?

To The Real King!!
June 23rd, 2001, 04:19 PM
Hi Sammy,

While what you say sounds correct, what the person who pleaded guilty, pleaded guilty TO was that he infringed the RC ACT. Whether he really did or not has nothing to do with it. He himself said he did infringe the Act if he pleaded guilty. That is why a guilty plea is USELESS for jurisprudence. So when someone pleads guilty, they remain guilty no matter what interpretation is held to be correct AFTER his sentencing.

But what jeet said is essentially correct and what GS2 seems to be misinterpreting is because the OR should really be AND. He started by saying "ACCEPTS at PLEA or was found GUILTY (and DID NOT APPEAL or was sentenced) and to me that implies that the delay has now expired. But the WORD OR really should be AND within the brackets.

So again if you pleaded guilty AND were sentenced then it is just too bad, the conviction stands. A supreme court ruling that the RC Act is being MISINTERPRETED by the crown stands ONLY for the FUTURE and for those who are STILL OPPOSING their cases by appeal. If you were found guilty (or copped a plea) and ABANDONED your right to appeal, then the decision stands EVEN THOUGH what you were arrested for was NOT against the law. People who cop a plea should know that BEFORE they do so. I am SURE their lawyers tell them that but they may ignore it to save some money.

Unfortunately in Canada (like the USA) it is EXTREMELY expensive to fight the Government so some defendants do so simply to save money, not because they ARE guilty. So this is just another case of HOW the law is unfair and is to the Governments advantage.

When you are in the system (like I was and am again due to the second appeal by the crown) you quickly realize that everything, including all the delays are in favor of the Crown. A lawyer will say "yes, but its the same for YOU." But this is just MORE pseudo-logic, just BULL S I H I T that lawyers use to make the system SEEM to be fair when it is really not.

Why? Guilty defendants may LIKE DELAY but if you are not guilty then you want to get this over as FAST as possible and get your property back. You have NO USE for delay but the Crown does because that is PART of PUNISHING YOU before you have even had your day in Court or possibly after you have been acquitted.

They KNOW this so well, they EVEN have a TERM or WORD for this injustice.

They will say that a defendant "may beat the RAP but he WON'T beat the RIDE".

When something is SO EMBEDDED in a system that special words or (colloquialisms) have developed for it, you know GOD D A M M E D well that something is very wrong with that. But where is the Watch dog for that. What is our ombudsman doing, having a beer with the Government? And what of the crummy opposition.

That is one of the major problems with the LAW and the Government in Canada, NOBODY EVER CORRECTS THE WRONGS. They spend GAZILLIONS of dollars on criticism of government when it PAYS, (through committees and Royal commissions etc.) but nobody (least of all politicians) care that the system has obvious problems.

But WHO among us here care ENOUGH to write to our M.P. To complain about the injustice. Not too many, I think.

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Thanks & Good Luck,

[ttrkmailname]
-----------------------
Freedom has nothing to fear from the truth!

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Please DONATE for the SUPREME COURT BATTLE AS I DID (http://www.legal-rights.org/donation.html)<---CLICK here

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http://www.legal-rights.org[Edited by To The Real King!! on June 23rd, 2001 at 05:21 PM]