Representations of the Lady of Justice in the Western tradition occur in many places and at many times. She sometimes wears a blindfold, more so in Europe, but more often she appears without one. She usually carries a sword and scales. Almost always draped in flowing robes, mature but not old, no longer commonly known as Themis, she symbolizes the fair and equal administration of the law, without corruption, avarice, prejudice, or favor.

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Friday, August 17, 2012

What happens in a Fredericton Provincial Courtroom when there is no journalist or Blogger there

This is what can happen in a Fredericton New Brunswick Canada Court of Queens Bench Provincial Courtroom when there is no journalist or Blogger there to witness!

I was as a Defendant in a Fredericton New Brunswick Canada Court of Queens Bench Provincial Courtroom Wednesday afternoon  August 15, 2012 (Mary Jane Richards) and was pretty amazed at what I saw.

I was that same day coincidentally with friends who had also been summonsed to court for by-law ticket matters, one for a parking ticket and one for not wearing a bicycle helmet on a City walking and cycling trail.

Presiding Madame Justice Richards began the hearings that day with a shouting match as the defendant refused to be silent furthermore the Defendant Andre Murray insisted on being heard regarding the no-helmet by-law ticket as Presiding Madame Justice Richards treated contempt of Court nevertheless Defendant Andre Murray insisted on being heard and continued to demand answers from the Bench at this point Presiding Madame Justice Richards actually "Ordered" Defendant Andre Murray to be physically removed from the entire Court House which is exactly what two Sheriffs did. I sat what amazement as two very large Sheriffs grabbed each arm of Defendant Andre Murray and grappled with his hands in a failed effort to release his grip which were firmly gripping the Bar between the Judges Bench and the sitting area. Throughout the hearing Presiding Madame Justice Richards refused to answer his questions about the alleged defects in the Court documents and City by-law enforcement failing to follow the correct procedures for Ticket infractions (sections 9 - 16 of the NB Provincial Offences Procedures Act). When there is a defect of the serious nature Andre discovered the case should be thrown out of court.

I was surprised to discover Fredericton Provincial Court Judges, Fredericton Police Force and the City of Fredericton By-Law Enforcement are all using the forms and process for instigating criminal proceedings (sections 1-8 of the Provincial Offences Procedures Act) instead of the correct Ticket proceedings.

The significance of this is, when criminal proceedings are instigated, which should never have been instigated is that the judge are unilaterally sending defendants to jail for simply not putting enough coins in a meter or not wearing a helmet if the fine is unpaid where the jurisprudence on ticket proceedings simply do not allow jail time for a ticket - despite this however it is becoming common practice and they are actually doing this very incarceration regularly, as Julian Dickson has ordered four days in jail for one of my friends if the parking ticket fine wasn't paid by a certain date.

The Judges are also summonsing by law defendants to court with the wrong form. They are using a form 3 - again a criminal proceedings form - instead of the Notice of Prosecution that is the form that which a person must be asked to sign, according to Provincial Law, and which the judge is required to have in their possession by the first court appearance for the court hearing of the subject ticket matter.

Mr Andre Murray as earlier stated challenged presiding judge Madame Justice Mary Jane Richards by asking her if she had the correct Notice of Prosecution in front of Madame Justice Mary Jane Richards and, if she didn't, that meant Madame Justice Mary Jane Richards did not have jurisdiction to proceed. Of course, with a courtroom full of supposed by law ticket offenders, she did not want to admit to this grossly negligent wrong doing that the courts and City have been getting away with for so long, so instead she kept talking over Mr Murray and then threatened to find him in contempt when he persisted in asking his questions.

Making Andre Murray look like the offender, degrading and humiliating Andre Murray by having him removed from the court in this manner, was judge Madame Justice Mary Jane Richards protection from being exposed for her failure to obey the law and enabled Justice Mary Jane Richards to distract everyone as she avoided telling him why she  using criminal offence forms and process. I wonder what she would have done if the local newspaper "Gleaner" reporters had been in the Court room?

The other matter, the parking ticket, will be interesting. The family man and husband was ticketed and summonsed, with the wrong form, so the car registration was not before the judge and he and his wife said she was driving the vehicle. Mary Jane asked registered owner if he would plead and
he said "Not guilty" he was not driving the car that day, which his wife confirmed to the judge. A very long silence followed and the City solicitor said nothing at all, then the judge set a trial date!!! So now, the judge and City have been told in the courtroom they have the wrong person summonsed, he has evidence he did not commit any offence despite this it is going to trial, while earlier she dismissed another woman's ticket with no evidence before her.

This is all at tax payers expense.

I urge everyone who has been ticketed and then summoned to court to check the forms used by the City and Court for by law matters. If it says Form 3 Summons, it is the wrong form. If it says Form 1 Information, it is the wrong form - and if you were jailed for non payment of a ticket of any kind you were arbitrarily imprisoned.

The City, Courts and Police are using criminal proceedings instead of the legislated ticket proceedings to frighten people into paying fines and this has to stop. As you keep saying Charles, it is time for a Public Provincial Inquiry into the entire legal and justice systems of New Brunswick and particularly Fredericton City.

This place frightens me more every day.

A very concerned citizen.

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