Friday, 4 December 2015

Criminal lawyer Walter Fox rocks!

Just had a great chat with criminal lawyer Walter Fox. (see his bio below)

Armed with his info and words of wisdom, I feel much more confident about my upcoming appearance in front of the Justice of the Peace in Ottawa.

For any of you who find yourselves in a similar situation, here's an overview of what I learned (although some of the following points I gleaned not from Mr. Fox but from my law library research over the past few weeks):
  • I shouldn't try to 'cherry pick' info from my recently purchased 2077 page Martins's Annual Criminal Code as it was written by politicians for lawyers (I admit - it is not exciting reading)
  • I might be able to obtain the documents I need to prove my case by filing a "3rd Party Records Request" on, or before, my Pre Enquete
  • In legalise, what I am claiming is that there was "a breach of duty of care" and that Mr. Fuchs's "death was hastened by unlawful intervention" (I have added both phrases to my court submission)
  • "Informed Consent" - which means that a health practitioner must have provided to him all the information that a reasonable person would need to grant the aforementioned consent.
  • A Power of Attorney for Health Care does not come into effect until there has been a 'finding of incapacity' and that must be determined by an assessor who would then issue a Certificate of Incapacity 
  • "Failure to provide the necessaries of life" - when it results in death - is manslaughter
  • The findings of the Coroner will be forwarded to the Crown Prosecutor, who will then decide whether to lay charges - if the Crown hasn't already done so as a result of the presentation I make at my January 4, 2016 court appearance.
Oh.... And here's the best part....
  • If my criminal court action fails for lack of 'evidentiary mass' then within a week or so the opposition's lawyer will likely file a civil case against me for 'malicious prosecution' - which I will likely lose, and subsequently, the court will clean me out - everything - bank account - savings - auctionable valuables - I will however, be able to keep the clothes I am wearing since public nudity is illegal.

Mr. Fox's bio:

"Over the span of 43 years, Walter has appeared in the Supreme Court of Canada and at every level of Court in Ontario, and in such places as Toronto, Ottawa, Timmins, Hamilton and Orillia.  His high profile in the practice of criminal law and in the media has made him well known to Judges, Prosecutors and the Police across the country.  He has also appeared in the courts in at every level of court in British Columbia as well as Courts in Manitoba and New Brunswick."

No comments:

Post a Comment