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----- Original Message -----
From: The McElheran's
Sent: Wednesday, April 11, 2001 5:00 PM
Subject: Fw: UPDATE: R vs. McElheran - Vern Brewer of JUSTICE CANADA
Calls on Process Server Instead of RCMP to Deliver Appeal Documents In all fairness to those
following this case matter and also to Mr. Brewer of JUSTICE CANADA,
it is essential to UPDATE the matter of R vs.
McElheran as to the events that occur concerning the
Crown's Appeal Process as and when things happen. Dozens of people
have written letters of complaint to the Honourable Minister of Justice Anne
McLellan and also to Mr. Brewer speaking out against his miss-use of
our RCMP in having them perform as process servers.
Mr. Brewer of JUSTICE CANADA
has acted in a decent manner recently and should be recognized for it.
(This is called unbiased and fair reporting)
BRIEF HISTORY:
Firstly, I purchased the transcripts
of the March 22nd, 2001 "Fiat" (term for "let justice
begin") hearing at Queen's Bench. During this hearing, I had
asked Justice Lutz to deal with Mr. Brewer's right to
use two Investigation members of the local RCMP Drug
Squad to serve me his Notice of
Appeal. The following month Mr. Brewer again used another
RCMP member to serve the Arguments for his Appeal to my home. Below is
the Court record discussing that issue with Justice Lutz on March 22nd, 2001 at
The Court of Queen's Bench.
______________________________________________________________________________________
IN THE COURT OF QUEEN'S BENCH
OF ALBERTA
JUDICIAL DISTRICT OF
CALGARY
HER MAJESTY THE
QUEEN
Applicant
v.
KEVIN LYLE
MCELHERAN
Respondent
March 22nd, 2001
MR. MCELHERAN: "Your Honour,
can I request the court to deny Vern Brewer the right to use the RCMP drug squad
or other to serve documents upon me. There is no reason for RCMP to take up
their time serving me documents. There's process servers, there's bailiffs that
can do that type of work."
THE COURT: "I don't
control what the Department of Justice does, you understand. And so I can't
really accommodate you. I don't tell them what to do and how they carry out
their administrative functions. Why do you have a problem with that? You have to
be served with things, as you have to serve him with things.
MR. MCELHERAN: "Yes, but
I would not call on the RCMP to serve them. The RCMP are busy people especially
the drug squad. There is no reason to use the drug squad or any other RCMP
member in this matter to serve me papers."
THE COURT: "Why
have they been used in the past?"
MR. MCELHERAN: "Yes, they
have. They're shocked, as well as I am. These upstanding members are busy with
criminal investigations to take time out of their day to serve -- phone me up
and meet to serve me papers is absurd. It is an abuse of this
department."
THE COURT: "Well, as I
say, Mr. McElheran, I do not control their administrative duties. Mr. Brewer can
use whosoever he wishes, I suppose. So I cannot help you.
_______________________________________________________________________________________
Two points of
interest:
(Point #1) Just 2
days prior to this hearing, I met with Mr. Brewer's assistant and the senior
counsel at the office of JUSTICE CANADA. I asked the assistant why Mr. Brewer
used the Drug squad to serve me his appeal documents. Her response was that they
use the RCMP in all Criminal cases to do the serving. I stated that this matter
was not Criminal but was Quasi in nature and that I was not a Criminal. She
then said that they used them because Mr. Brewer didn't know if he could find
me.
(Point #2) After the
Court hearing above, I asked Mr. Brewer outside of the Court room why he used
the Drug squad to serve his documents upon me to which he said that he was
not at liberty to discuss with me what JUSTICE CANADA does on the inside but
that his job is to treat everyone "fairly". [Does "fair" mean "the same as
everyone else" or "justly, in a right manor", or "action is based on "reasonable
and probable cause" to use the Drug Squad"?]
Between the hearing of March 22nd and
the service of more documents a few days ago, Mr. Brewer delivered the
"bound transcript" of the Provincial Court matter for his Appeal
and called upon the services of a process server from a local Process
Service Agency. This man would not identify himself or state who he worked
for when my wife asked him twice to do so.
I placed a call into Mr. Brewer's
Office at JUSTICE CANADA and explained to his assistant as to the treatment
my wife received when this man served the documents upon her. This
treatment was unacceptable as far as JUSTICE CANADA was
concerned and suggested that I call this Process Agency and lodge a
complaint as to the conduct of their Process Server. After receiving the name of
the Process Server, his employer's name and phone number from Mr. Brewer's
assistant, I made the call. The Process Agency agreed with me that the
conduct of this man was not acceptable and at the very minimum he should have
stated who he worked for when asked.
Mr. Brewer made the right decision
by leaving the RCMP Drug Squad Investigators and other members alone which
enabled them to do what they do best in trying to keep our streets safe
from drugs and criminals for us all and employed the
services of a process agency to do the serving of his documents.
It is still not a crime in this
country to speak against the miss-use of our police force or any other
department and I want to thank the dozens of people who wrote letters
expressing their concerns in this matter. If we choose to say nothing...nothing
happens.
Just doing my part in, "Standing
on Guard for Thee."
Kevin McElheran
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