The Tender For Law

Volume 1

Mar 26, 2013 3:01 PM

Charged with assault and utter threats and under recognance of bail...I appeared for a "pre-Trial" where the Crown submitted a Notice of Application,486.3. Accused not to cross-examine witness under 18

486.3 (1) In any proceedings against an accused, on application of the prosecutor or a witness who is under the age of eighteen years, the accused shall not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. The judge or justice shall appoint counsel to conduct the cross-examination if the accused does not personally conduct the cross-examination.

Other witnesses

(2) In any proceedings against an accused, on application of the prosecutor or a witness, the accused shall not personally cross-examine the witness if the judge or justice is of the opinion that, in order to obtain a full and candid account from the witness of the acts complained of, the accused should not personally cross-examine the witness. The judge or justice shall appoint counsel to conduct the cross-examination if the accused does not personally conduct the cross-examination.

Factors to be considered

(3) In making a determination under subsection (2), the judge or justice shall take into account the factors referred to in subsection 486.1(3). T The judge completely refused to except my Notice of mistake and also had my witnesses removed from the courtroom,once they were removed the crown then provided there Notice to the court and attched "Mead vs Mead"to it and set a trial dat...The judge finnished by statein on the record that"a pre trial was scedualed for today and a per-trial is what took place"...I DONT THINK SO!

Read Comments

Derek Moran

You've been CHARGED with something? Interesting, because i was under the impression that you are charged with offences under the Criminal Code, which is an ACT, comprised of STATUTES. As i understand it, the STATUTES in that ACT, only apply to "every one" "person" or "owner;" and the definition for all those is either a HER MAJESTY, or, an ORGANIZATION. You should ask them- "I dont wanna accuse anyone of MISREPRESENTATION, because Misrepresentation is FRAUD. But could you please tell me, which one am i- HER MAJESTY, or an ORGANIZATION?" :/

Derek Moran

Peter Hogg... his Constitutional Law of Canada text... determining who Acts-and-Statutes only apply to... "Government Actors; Government Actions; or performing-a-public-function-of-Government"..... then you might wanna ask someone- "Well who exactly does this so-called COMMON LAW apply to anyways.. its gotta apply to SOMEONE, right?"

Derek Moran

164. Fair hearing

(4) Without limiting the generality of subsection (3), that subsection does not preserve the validity of the proceeding if the failure to comply with the agreement results in PREJUDICE to the DEFENDANT'S RIGHT to a FAIR HEARING.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK207