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Monday, October 28, 2024

Fraud on the court ...

 Fraud in court refers to dishonest actions that compromise the integrity of the judicial process. 



Sunday, October 27, 2024

The tort of Conspiratory Constructive Fraud

 The tort of Conspiratory Constructive Fraud.


Lawyers have engaged in constructive fraud to benefit their clients, hoping that the fraud will go unnoticed. 

Constructive fraud involves a breach of duty or a legal or equitable obligation that leads to harm or undue advantage, even without fraudulent intent. 

It can occur in various fiduciary relationships, including those between lawyers and clients.


Thursday, October 24, 2024

What the FUCK are the police doing.

 This is crazy.  This has happened in Vancouver.  Similar case in Kamloops.  The police do not have to be asholes.  

BRITISH COLUMBIA: In July 2024, while walking and filming on a sidewalk outside a police station, a man was unexpectedly and forcefully arrested by a police officer. He was subsequently charged with mischief and municipal corruption. The man has now retained The Democracy Fund (TDF) to defend against these charges.

The details surrounding the alleged wrongdoing remain unclear, raising questions about the circumstances leading to the arrest.

TDF Lawyers are concerned that police did not have reasonable or probable grounds to arrest and charge a man for peacefully walking on public property. 

“We will be requesting full disclosure of all evidence related to this case and will initiate a Crown pretrial in the coming weeks so that we can understand how our client allegedly violated the law,” stated senior litigation counsel Adam Blake-Gallipeau.

SEND MONEY TO DEMOCRACY FUND AS EACH ONE OF US WILL NEED THEM.  

The case in Kamloops.

While the RCMP is often taken to task about their lack of action when panhandlers and ne'er-do-wells loiter outside downtown businesses, one Kelowna senior is finding out the Mounties have a different approach after he spent too much time outside the detachment.

Cornelius Clemens Sierhuis, 66, appeared at the Kelowna courthouse, Oct. 9, having been convicted on the rarely used charge of mischief that "obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property."

Sierhuis' conviction relates to an incident in February 2023 whereby he spent four hours outside the Kelowna RCMP attachment on Ritcher Street approaching officers and trying to amend a court injunction.

He wouldn't take no for an answer when officers correctly told him it was a Saturday and he'd have to go to the courthouse on Monday to deal with the matter.

Crown prosecutor David Reznikov said there was no allegation Sierhuis had assaulted or pushed any of the officers but he had "belligerent conduct" towards the RCMP.

"It's obvious that Mr. Sierhuis has an animosity towards the RCMP and that animosity is a factor," the Crown told the court.

He was arrested and represented himself in court and was ultimately convicted of the mischief charge.

The senior's prompt arrest is the polar opposite of the perception of many in their dealings with the RCMP.

recent survey in Kamloops found businesses frustrated with RCMP and bylaw officers some saying they felt abandoned by police. Over the years local media have reported multiple stories about people sharing their frustrations with the RCMP's perceived lack of action.

While Sierhuis ended up in handcuffs outside the cop shop he had a different take on the events.

"I have no shame or guilt over what happened here," Sierhuis told the court. "I respected those two officers that treated me like garbage."

The court heard that the day before the senior showed up at the Kelowna RCMP detachment, he was involved in an altercation with a neighbour at a rooming house where he lived.

Police gave him an undertaking not to go near the neighbour and not to go to the rooming house.

However, he wanted the undertaking changed so he called the RCMP detachment multiple times on Friday and again Saturday morning.

"I did everything I could over the phone, and I was completely blockaded. I had no choice. The roof over my head was being threatened," he said. "I had to go talk to someone."

Once at the cop shop, which was closed to the public as it was a Saturday, Sierhuis approached officers as they went in and out of the building.

"I never spoke to one person more than once. I never harassed anybody. I accepted everybody's answer and moved on hoping I could find one officer that would do his job properly," Sierhuis told the court.

Officers told him there was nothing they could do and he needed to go to the courthouse on Monday.

Nevertheless, he continued to remain at the police station and at one point banged on the door.

At the sentence hearing, the 66-year-old spoke at length, saying he was at the RCMP station "pleading" for help.

"Nobody wanted to help me. And then to get rid of me, they arrested me," he said.

Along with a sentence of two years probation, the Crown proposed a 50-metre no-go condition barring Sierhuis from going near the RCMP detachment or from calling the non-emergency line.

Provincial Court Judge David Ruse didn't agree with the no-go order.

"It's not like he has made a habit of going to the RCMP office and pestering them," Judge Ruse said. "It's a public institution. The public should be allowed to access (it)."

Ultimately, the senior was given 18-months of probation.

Saturday, October 19, 2024

Election Day October 19 2024

 Election Day.

I was hoping my day would be better.  When I attempted to go out of the front door, I was met with rain, and the yard was soaked, meaning I would have to wear my rain boots.  To my annoyance, I could not find my rain boots.  Inprovise.  I could wear plastic bagson my feet so the water would not soak my socks.  The problem with that was since plastic bags were outlawed there were no plastic bags.  

As I was walking on 42nd to the pooling station, something did not seem right. None of the houses on either side of the street had a FOR SALE sign in front, which was very unusual. I do not know why no houses were for sale; there must be some unknown/mysterious reason for this. I had an unsettling feeling.

I did vote.  There was only a few people at the polling station.  I could not understand that either.  No one cares to vote I thought.

Then I went to London Drugs.  There was a sign saying: LD has 10,000 items on sale. Lots of bargains.

I do not know what the hell is wrong with me.  Each time I think I am being a good person I regret it. But then maybe I should not even associate with anyone.  Life wold be easier.  What amases me is that then you look like you did something wrong.  Do not shoot the messenger or the person who is trying to help you.








Thursday, October 17, 2024

Access Pro Bono

 I had a conversation this afternoon with a gent who was banned by Access Pro Bono. He said he got an email from Access Pro Bono saying that they would not give him help because he used his nickname rather than his legal name in his application.  They accused him of fraud. Nick name: Nick. Rather than his legal name, Nicholas. 

I am totally fed up with organizations that are supposed to help the poor. They are very creative in getting rid of clients.  


If a lawyer suspects that a client does not fully understand what she is signing and still leads her to commit perjury, it is both unethical and criminal.

Unethical: The lawyer is failing in their duty to ensure that the client fully understands the legal documents and proceedings. This violates professional conduct rules and can lead to disciplinary actions such as suspension or disbarment.

Criminal: Leading a client to commit perjury, especially when the client may not fully understand the implications, involves knowingly facilitating a crime. This can result in criminal charges against the lawyer, including potential imprisonment.

In this scenario, the lawyer’s actions breach both ethical standards and criminal laws, reflecting a serious abuse of their professional and legal responsibilities.





Monday, October 14, 2024

Can you demonstrate in front of a police station The world is going crazy.

 Does this mean no one can demonstrate in front of a police station.  Or is it just for those that pester.

from INFONEWS 

While the RCMP is often taken to task about their lack of action when panhandlers and ne'er-do-wells loiter outside downtown businesses, one Kelowna senior is finding out the Mounties have a different approach after he spent too much time outside the detachment.

Cornelius Clemens Sierhuis, 66, appeared at the Kelowna courthouse, Oct. 9, having been convicted on the rarely used charge of mischief that "obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property."

Sierhuis' conviction relates to an incident in February 2023 whereby he spent four hours outside the Kelowna RCMP attachment on Ritcher Street approaching officers and trying to amend a court injunction.

He wouldn't take no for an answer when officers correctly told him it was a Saturday and he'd have to go to the courthouse on Monday to deal with the matter.

Crown prosecutor David Reznikov said there was no allegation Sierhuis had assaulted or pushed any of the officers but he had "belligerent conduct" towards the RCMP.

"It's obvious that Mr. Sierhuis has an animosity towards the RCMP and that animosity is a factor," the Crown told the court.

READ MORE: Truck thief chased down and caught by owner in Lake Country

He was arrested and represented himself in court and was ultimately convicted of the mischief charge.

The senior's prompt arrest is the polar opposite of the perception of many in their dealings with the RCMP.

recent survey in Kamloops found businesses frustrated with RCMP and bylaw officers some saying they felt abandoned by police. Over the years local media have reported multiple stories about people sharing their frustrations with the RCMP's perceived lack of action.

While Sierhuis ended up in handcuffs outside the cop shop he had a different take on the events.

"I have no shame or guilt over what happened here," Sierhuis told the court. "I respected those two officers that treated me like garbage."

The court heard that the day before the senior showed up at the Kelowna RCMP detachment, he was involved in an altercation with a neighbour at a rooming house where he lived.

Police gave him an undertaking not to go near the neighbour and not to go to the rooming house.

However, he wanted the undertaking changed so he called the RCMP detachment multiple times on Friday and again Saturday morning.

"I did everything I could over the phone, and I was completely blockaded. I had no choice. The roof over my head was being threatened," he said. "I had to go talk to someone."

Once at the cop shop, which was closed to the public as it was a Saturday, Sierhuis approached officers as they went in and out of the building.

"I never spoke to one person more than once. I never harassed anybody. I accepted everybody's answer and moved on hoping I could find one officer that would do his job properly," Sierhuis told the court.

READ MORE: Veteran Summerland RBC manager jailed for swiping $850K from seniors

Officers told him there was nothing they could do and he needed to go to the courthouse on Monday.

Nevertheless, he continued to remain at the police station and at one point banged on the door.

At the sentence hearing, the 66-year-old spoke at length, saying he was at the RCMP station "pleading" for help.

"Nobody wanted to help me. And then to get rid of me, they arrested me," he said.

Along with a sentence of two years probation, the Crown proposed a 50-metre no-go condition barring Sierhuis from going near the RCMP detachment or from calling the non-emergency line.

Provincial Court Judge David Ruse didn't agree with the no-go order.

"It's not like he has made a habit of going to the RCMP office and pestering them," Judge Ruse said. "It's a public institution. The public should be allowed to access (it)."

Ultimately, the senior was given 18-months of probation.

Sierhuis will be back in court later this month to find out whether he's guilty or not of an assault charge following the altercation at the rooming house.

Friday, October 11, 2024

Candace Cates and Leah Card

 I am having a very upsettling experience with Candace Cates and Leah Card, both lawyers from Kamloops BC.  If you have had an unsettling experience with both or either of these lawyers, let's talk.

778.689.2276      audreyjlaferriere@gmail.com


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