*New Fourth Strategy and Examples; Court strategies used to circumvent The Canadian Charter of Rights and Freedoms, awareness and prevention.
Two Strategies to Circumvent the Canadian Charter of Rights and Freedoms
The First Strategy
Mental Illness, Disability, Assessment Orders: Discrimination and The Right To A Fair Trial
The first strategy uses assessment orders before trial, disability and mental illness, and participating psychiatrists to circumvent the Canadian Charter of Rights and Freedoms.
The strategy is linked to smear campaigns and using assessment orders for non-criminal responsibility of committing a crime due to mental illness before trial when the accused has not committed a crime. It uses ignorance or the claim that being not guilty of committing a crime due to mental illness is the same as simply being not guilty. The accused does not go to trial or get a trial.
This strategy means that each year the Police can use false allegations, uttered threats for example, break down the accused's door and damage personal property, search his home without a warrant, seize computers without a warrant, and escape It all through an assessment order for non-criminal responsibility due to mental illness, circumventing the Canadian Charter of Rights and Freedoms regarding the need for search warrants, entering and searching a dwelling home, seizure of computers and private information, and the right to a fair trial.
Assessment Orders Before Trial and "Unlawful"
A judge issues an order after a demand by the prosecutor for an assessment, an evaluation for non-criminal responsibility before trial without any supporting evidence, which is unlawful according to judge Pittfield R v. Muschke, assessment orders for non-criminal responsibility are supposed to be made at the end of trial, interferes with an accused's defense and is discrimination if they are not, Supreme Court of Canada R v. Swain, The Canadian Charter of Rights and Freedoms, requiring Appeals that are expensive and linked to delays, while attempts are made to force or complete this assessment order before it is Appealed, which circumvents the Canadian Charter of Rights and Freedoms.
Threat of Being Framed To Accept Assessment Order
Behavior and corruption are used to intimidate and threaten the accused towards accepting a plea of non-criminal responsibility due to mental illness before trial. "they are going to frame you" "the assessment order for non-criminal responsibility is to help you".
The Second Strategy
Seizure of Computers: Seizure of Private Information
The second strategy involves the seizure of computers without a warrant, returning the seized computers, and claiming the accused cannot prove the Police have made copies and therefore cannot ask for a court order that any existing copies from the seizure be destroyed.
This strategy means that without the court order for any existing copies to be destroyed the Police may have copies of private information from the seizure of computers and may use it at a later time resulting in circumventing the Canadian Charter of Rights and Freedoms.
You Can't Prove Police We Have Copies of Seized Computers
After seizing computers without a warrant, keeping the computers for several weeks, the computers are returned. An Application for Destruction of any existing copies in any form be destroyed is rejected. The prosecutor argument "the accused cannot prove the police have copies and to his knowledge there are no copies".
The Third Strategy
Communications Interception: Privacy and Security of Person
Another strategy example to circumvent the Canadian Charter: False allegations along with insinuations that the accused is dangerous are used to obtain communications interception and surveillance.
Court delays, unlawful orders, prosecutors that do not want to drop the charges but do not want to ask for a trial either knowing the allegations are false, judges ordering trials that are not asked for by prosecutors or the accused are used to extend the period of time that the accused is under communications interception and surveillance.
Using false allegations, insinuations the accused is dangerous, and extending the court proceedings through delays and orders to obtain communications interception that circumvents the Canadian Charter of Rights and Freedoms.
False Allegations, Communications Interception
After false allegations of uttering threats 264.1 (1)(a) to cause death or serious bodily harm, insinuations the accused is dangerous, communications interception can be requested under section 183, 184, of the criminal code.
False Allegations, Communications Interception, Threats
The use of false allegations, uttering threats s. 264 (1)(a) for example, to obtain communication interception under section s. 183 for surveillance and internet usage to threaten or eliminate a person's welfare or disability income under false pretenses, the homelessness weapon, in attempts to escape false allegations similar to the assessment order before trial, while the accused attempts to defend themselves from these allegations.
The Fourth Strategy
The fourth strategy and possibility is similar to the seizure of computers and claiming the accused cannot prove the Police have copies to ask that any existing copies be destroyed, and linked to it in smear campaigns and malicious prosecutions.
The Crown Prosecutor claims to his knowledge there are no copies followed later by the Police claim "we did have copies, the prosecutor said we had no copies, sue him if you want too".
The Information/Denounciation is the allegations that a Peace Officer indicates without a signature, the Peace Officer signature is a stamp on the front blue sheet of the Prosecutors file. So the prosecutor can actually give the accused a phony unsigned one with a limited allegation, and later another with a larger list of allegations can be used resulting in the same response from the Police "the prosecutor gave you that phony document, sue him if you want too".
Abuse of Process and Stay of Proceedings
Attempts to circumvent the Canadian Charter of Rights and Freedoms can be linked to Abuse of Process where a Stay of Proceedings can be asked for, and organized crime.
U.S. Amendments and Bill of Rights
In the U.S. these strategies would be like the Police and Prosecutors trying to circumvent the U.S. Amendments and Bill of Rights. "They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public."
Why Write These Strategies?
Why write these strategies or possibilities, so that measures can be taken to make sure that they can not be used.
Awareness and prevention, protecting our Rights and Freedom, the Canadian Charter of Rights and Freedoms, similar to the U.S. Amendments and Bill of Rights.