Derek Moran
Dec 20, 2013 4:59 AMJust in case Ceit goes bye-bye and her GOLD disappears, too...
Ceit Butler: I didn't even get to say a word! I walked up, laid out all my documents and the Crown immediately asked for a dismissal of all charges
Bildo Schmildo: Exactly which docs did you lay out?
Ceit Butler: They didn't even ask me for my name! The Crown asked if they could address Kathryn Butler's matter next as she saw I was there. I walked up and started to prepare everything and the Clerk paged my ex husband. The Crown stated that he had declined to attend, meaning there was no valid claim from a living man, no signed complaint and no charging instrument. We sent several documents which let them know that I was aware of these egregious errors. They paged him once, probably hoping he would show, and then asked for immediate dismissal.
Ceit Butler: I had previously submitted an AFFIDAVIT OF STATUS, and NOTICE OF QUESTIONS FOR THE COURT which I required answers to in order to proceed, and gave them ten days to respond. When they didn't, I served a NOTICE OF FAULT AND OPPORTUNITY TO CURE, with an additional five days to respond. When that time elapsed, I served a NOTICE OF DEFAULT AND CERTIFICATE OF NON-RESPONSE (attaching ALL previous submissions to each new document as EXHIBITS).
A little disappointed and annoyed, I was all ready for a good battle!
Derek Moran: can we get a look at what these documents look like, Scott/Kate? > AFFIDAVIT OF STATUS...NOTICE OF QUESTIONS FOR THE COURT...NOTICE OF FAULT AND OPPORTUNITY TO CURE...NOTICE OF DEFAULT AND CERTIFICATE OF NON-RESPONSE (attaching ALL previous submissions to each new document as EXHIBITS)
Derek Moran: Well- ChiefRock did say at the seminar last Sunday, that when he was in court once, he told the Justice- "Public jurisdiction doesnt have any authority over private agreements" and the reply from the Justice was- "You're right." So i guess what happened in court with Kate today is an example of that?
Kate- can you share in a nutshell, what you stated was your STATUS to the court, in your Affidavit-of-Status?
Ceit Butler: I stated that I:
-would attend court on this date under a SPECIAL APPEARANCE with restricted capacity of SUI JURIS,
-DO NOT consent to be recognized as a LEGAL PERSON (of ANY class) and/or PRO SE LITIGANT and/or ANY other LEGAL FICTION,
-have NO INTENT to CONTRACT Witt the COURT, not have any knowledge of any existence of a VALID CONTRACT with the COURT,
-that I DO NOT consent to be addressed as a "YOU", being a party of SURETY.
-that my name is PRIVATE and NOT derived from ANY information from ANY PUBLIC document, therefore I waive SECTION 2.1 of the CHANGE OF NAME ACT OF ONTARIO,
-if you proceed against the LEGAL PERTAIN, and it is convicted, then you must soak to the holder of the title document, the STATEMENT OF BIRTH, for satisfaction of any financial and/or legal obligations, which holder, I understand is THE GOVERNMENT OF ONTARIO.
Ceit Butler: (Make that last one "LEGAL PERSON", not "PERTAIN". Stupid predictive text software)
Ceit Butler: Speak!
Eamonn O Brien: First off, well done Kate and everyone involved... I wasn't following the story but seems like a great result...
When you say STATEMENT OF BIRTH are you referring to the BC?
Ceit Butler: No, the STATEMENT OF BIRTH is the original long form your parents filled out. The government retains the original so that they have COPYHOLD over it.
Eamonn O Brien: Copyhold ~ a former tenure of land in England and Ireland by right of being recorded in the court of the manor...
So by their having copyhold they are recorded as being the holder/possessor thus have surety?
Ceit Butler: They hold LEGAL TITLE to the LEGAL PERSON, and yes, that makes them SURETY for it.
Ceit Butler: That, and the fact that my ex husband declined the invitation to participate. The questions mentioned the lack of a signed complaint, lack of impartial third-party witness and the fact that there was no charging instrument. It would be one thing if I was not aware of these facts, but the fact that I obviously was...I think they tried one last attempt at getting him in there and when that failed, they folded.
Derek Moran: "... no charging instrument..." - is this referring to the 'Constructive Bond/Trust' they set-up in advance for these types of cases?
Ceit Butler: No, they HAVE to have a signed charging sheet. A citation, something that states WHAT you have been charged with, and containing an official signature. It should have been Page 1 of the disclosure. The closest thing it contained was an "information" page stating the charge, the cop's name, the date was just "This____day, Dec. 2012" and there was NO signature from a Justice at the bottom,
Ceit Butler: They didn't even have a signed statement from the ex, just the police notes and a video statement that they didn't include in the disclosure.
Ceit Butler: They gave me the Disclosure at the bail heating. The top page listed a bunch of conditions on it and stated that "by accepting this disclosure, you agree to the following...". At the bottom, it CLEARLY states that "if you do NOT accept these conditions, you should immediately return atoll these materials to the Crown and arrange for disclosure in another manner or seek an order of a Court of Competent Jurisdiction." And the Office of the Crown's address below, so we mailed the fucker back with a Notice of Mistake stapled to the front. Next appearance, the Crown tried to hand it to me WITH my Notice of Mistake still attached
Stapling it on makes it PART of the document now.
Pierre Eleveneightfivetwo: I have processed my first BoE, the right way yesterday, and a young lady just called me, saying she have NO IDEA what I am talking about
July 5 at 12:08pm � Like
They don't EVEN know that what they've sent me is a bill of exchange, they never heard about The BoE ACT.
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Last Updated: Dec 20, 2013 4:59 AM
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