|
----- Original Message -----
From: The McElheran's
Sent: Friday, March 30, 2001 5:45 PM
Subject: UPDATE: R vs. McElheran - Court grants JUSTICE CANADA more
time to get Paper Work filed for their Appeal. March 29, 2001
Oath:
I swear that the contents of this
UPDATE are true, accurate and are not misleading and do not contain
"lies" so help me God.
As a good number of people know, the Crown's charge
of "Failing to File" a tax return which was issued against me was dismissed
by Judge Delong of the Provincial Court of Alberta on January 08th,
2001.
Since then Mr. Vern Brewer of JUSTICE CANADA filed
an Appeal at Queen's Bench in attempt to overturn Judge
Delong's ruling and used the RCMP Drug Squad to serve me the "NOTICE OF
APPEAL" and then later used another member of the RCMP to deliver the Arguments
to my home. Little did the Police Officers know that Mr. Brewer's
team players had them serve improper paper work that did not comply with The
Rules of Court therefore the scheduled April 6th Appeal Hearing was
scratched from the books creating a further need for Mr. Brewer to
file with The Court of Queen's Bench for a "FIAT" to have more time to get
it right.
Dozens of letters from
concerned citizens across Canada were sent in, expressing
outrage with Mr. Brewer's blatant abuse and miss-use of the local
Drug Squad in having them take time out of their criminal
investigations and in trying to keep drugs away from our children to act as
Process Servers. This 'service' took several hours out of their busy schedule
to collect the "Notice", locate me and arrange a place to personally
serve it upon me.
Letters include one from a former
Auditor, Collection Agent and Special Investigator from the tax office; another
letter from a former Civil Servant and one from an accredited
Ph.D. Psychologist all speaking out against this abuse. These letters
and dozens more have also been sent to The Minister of Justice and
Attorney General of Canada, The Honourable Anne McLellan and also to the
RCMP.
I have decided to provide a full account of the
details to the public concerning this case as I believe it is in
the best interest of the public to know what is going
on concerning the Crown's actions in this matter as the
local mainstream media has decided to not write anything on it. Would
I be correct to assume that had the Crown won at the Provincial Court
the Press would have had a scathing story to tell, coached by the Public
Relations Officer, G.L. et al...from the Calgary Tax Service Office just before
tax filing season with intent to instill further fear into the hearts
of the public ??
The events leading up to March 22nd below deal with
the Crown's "FIAT" and the appearance before, during and after Court on that
day.
I received a letter on March 20th from Vern
Brewer's senior counsel which was not hand delivered by the RCMP, but
rather by Mr. Brewer's assistant notifying me of their intent to file
a "FIAT" - in other words, "let justice be done". This was
scheduled and heard on March 22nd. Hand delivery of their
letter was made outside of their office as I was, at the same
time, delivering a letter to Mr. Brewer...myself. I asked Mr. Brewer's
assistant why did this Office use the Drug Squad to serve me Mr.
Brewer's Notice. She said that "we always use the RCMP in Criminal cases".
I replied, "This is not a Criminal case, it's QUASI and I am not a
Criminal." Then she said that they used them because they were not sure if they
could locate me to do the service. (I guess I don't have an address or a
phone number and have never been served by a bailiff/process server before in
the earlier stage of proceedings.)
The FIAT filed by JUSTICE CANADA is just to ask the
Court for more time to file their Appeal Arguments correctly as Vern
Brewer's team at JUSTICE CANADA were not able to get it all sorted out in
the prescribed time which put me in a position of not being able
to file my counter-arguments before the Hearing at Queen's Bench which was
first scheduled for April 6th, 2001.
Vern Brewer approached Justice Lutz at The Court of
Queen's Bench on March 22nd, at 9:00 am, to deal with his
FIAT application. I was there and opposed his action. Justice Lutz
informed me that their Appeal was going through anyway and asked me if I
wanted their material in order to file my counter-arguments. I then agreed
and the date of May 15th, 2001 was then set to hear
Crown's Appeal of R vs. McElheran at Queen's Bench.
I then asked Justice Lutz if he would address
Vern Brewer's right in using the undermanned and overworked Drug Squad of
the RCMP to serve me documents related to his appeal when a bailiff/process
server could have been used. Justice Lutz asked me "Have they
done this to you"? To which I replied, "YES" and expected Mr. Brewer
to say something in his defence but he remained silent. Justice Lutz
then stated, 'I am not able to tell JUSTICE CANADA what to do, they
conduct themselves however they want.' I was not about to argue with him
on that point so with that said, I gave an Honourable bow and left the Court
room right behind Mr. Brewer.
As the two of us were at the elevator I asked him
if he would explain his usage of the RCMP Drug Squad to serve me his appeal
documents as I AM NOT A CRIMINAL. Mr. Brewer, appearing quite disturbed and
upset, said that he was not at liberty to discuss what the Department of Justice
does internally but that he always treats everybody "fairly". I asked him what
he saw as "fair" by using the Drug Squad on me to which he stated again that he
was not at liberty to discuss anything and then threatened me with a defamation
suit concerning these "UPDATES" if I lie in them. I stated that people need to
know what is going on in this matter as the media is not here to inform the
public.
As we were leaving the Court House together I asked
him if his senior counsel was in the office. He didn't
know.
This next part is where things get real
interesting.
If one leaves the east side of the Court
House, straight ahead you will see the Department of Justice on the other side
of a busy one way, 4 lane avenue, downtown. Anyone wanting to go to
that Office must do so at the cross-walks
which are approximately 50 yards to the right or 50 yards to the
left.
I choose to go to the cross-walk to my left
and after a moment I turned around to look behind me. I then witness Mr.
Brewer acting with his new founded power, expressed by Justice Lutz, that
"JUSTICE CANADA conducts themselves however they want to". So Mr.
Brewer did just that. In PANIC mode again, he makes a
mad dash onto the busy downtown street,
J-Walking straight across with cars travelling in motion all
around him just to beat me - the terrorist, to his
office. I could not help what I
thought next as I stopped to watch Mr. Brewer commit this "OFFENCE".
At that very moment I thought that even cockroaches get killed trying
stunts like that and just shook my head and proceeded to the
cross-walk.
3 minutes later I appear at Mr. Brewer's Office at
JUSTICE CANADA and ask to see his senior counsel. After the secretary phoned his
office she then hangs it up and said that he was busy and that I was to
make an appointment in order to see him. ( 2 days earlier however, he came
outside of his office with Mr. Brewer's assistant to speak with me
without such appointment.)
Those are the details to date accurately described
in truth 'so help me
God'.
As Mr. Brewer, The Honourable Anne McLellan and I
are still taking your letters of concern related to this matter, below are the
mailing addresses to which you can express your concerns. Vern Brewer JUSTICE CANADA Suite 510, 606 - 4th Street, S.W. Calgary, Alberta T2P 1T1 Telephone: (403) 299-3978 Facsimile: (403) 299-3966 c.c. The Minister of Justice and Attorney General of Canada The Honourable Anne McLellan Justice Building Kent and Wellington Streets Ottawa, ON K1A 0H8 c.c Kevin McElheran 611 75th Ave. N.W. Calgary, Alberta T2K 0R1 Attached are some "FACTS" which I was able to
gather FROM THE TAX AGENTS during cross-examination at the Provincial Court
Trial, Jan. 8th, 2001.
Just doing my part in, "Standing on Guard for
Thee."
Kevin McElheran
|
R vs. McElheran.doc