Action No.: 120707351P1120736772P1

E-File No.: ECP12BOISJOLIALLE1Appeal No.: ____________________

IN THE PROVINCIAL COURT OF ALBERTAJUDICIAL CENTRE OF EDMONTON

HER MAJESTY THE QUEEN

v.

ALLEN NELSON BOISJOLIAccused

P R O C E E D I N G S

Edmonton, AlbertaJuly 11, 2012

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TABLE OF CONTENTS

Description Page

July 11, 2012 Afternoon Session 11Discussion

Certificate of Record 8Certificate of Transcript 9

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1 Proceedings taken in the Provincial Court of Alberta, Law Courts, Edmonton, Alberta23 July 11, 2012 Afternoon Session45 The Honourable Provincial Court of Alberta6 Judge Malin78 J. Werbicki For the Crown9 (No Counsel) For the Accused

10 D. Pryor Court Clerk111213 Discussion1415 MR. WERBICKI: Good morning, Your Honour.1617 THE COURT: Good morning.1819 MR. WERBICKI: Werbicki, initial J., from rural prosecutions;20 here on the Boisjoli matter. He’s in Fort Saskatchewan.2122 THE COURT CLERK: Bail is denied.2324 MR. WERBICKI: I understand, sir, that this is to set a date. I25 understand Mr. Boisjoli, unless he tells us differently, is not represented by26 counsel.2728 THE ACCUSED: Objection, Your Honour. I’m not sure who29 Mr. Boisjoli is.3031 THE COURT: All right. Do you have a lawyer?3233 THE ACCUSED: I’d like the --3435 THE COURT: Do you have a --3637 THE ACCUSED: -- I’d like the Crown to explain to the court38 who Mr. Boisjoli is, please.3940 THE COURT: All right. Do you have a lawyer?41

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1 THE ACCUSED: No.23 THE COURT: All right. What --45 MR. WERBICKI: Yes, sir. This is Mr. Boisjoli. Mr. Boisjoli,6 this is Jon Werbicki. As you know, I’ve known you for the last 18 months. So --78 THE ACCUSED: Hi, Jon.9

10 MR. WERBICKI: -- we have no problems with that. I am not11 assigned to this file. It will be going, sir, to a Calgary Crown. We’re not sure which12 Crown yet. So I’ve been asked on their behalf to set a trial date of approximately one13 week. I don’t know what Mr. Boisjoli’s intentions are.1415 THE COURT: A trial date or just a date?1617 MR. WERBICKI: A date for trial, I understand.1819 THE COURT: A date to set the trial.2021 MR. WERBICKI: Or depending on his election --2223 THE ACCUSED: Your Honour -- Your Honour, is this court24 bound by the Canadian Charter of Rights and Freedoms?2526 THE COURT: It is.2728 THE ACCUSED: Okay. Do you acknowledge, sir, that you29 are a public servant, and you’ve sworn an oath to that office?3031 THE COURT: I do.3233 THE ACCUSED: Okay.3435 MR. WERBICKI: Sir -- excuse me, sir. You’re going to have to36 cut Mr. Boisjoli off with this nonsense, sir.3738 THE COURT: I know.3940 MR. WERBICKI: It’ll take all morning. I’ve heard it a dozen41 times.

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12 THE COURT: I am just trying to determine what you want to3 do in one week’s time.45 MR. WERBICKI: I understand his bail has been denied. He6 either puts it over --78 THE ACCUSED: Your Honour --9

10 MR. WERBICKI: -- or we set a trial date.1112 THE ACCUSED: -- Your Honour, I’m being intimidated and13 extorted by threat of incarceration here, and I move to dismiss this.1415 THE COURT: Your motion is denied.1617 MR. WERBICKI: So, sir, we can either put it over or set a date18 now depending on what you want to do with Mr. Boisjoli.1920 THE COURT: Well, if you want to set a date, you will have to21 go downstairs and get a date. And I would assume it has to be a date that accords with22 the Calgary prosecutor that you are referring to.2324 MR. WERBICKI: That’s right. I’ve been advised that if we set25 a date in September, October, or November, they would make a Crown available.2627 THE COURT: Okay. Do you want to go get a date?2829 THE ACCUSED: Your Honour, it seems to me that I’m not30 being offered a fair hearing here.3132 THE COURT: Yeah.3334 MR. WERBICKI: Okay. I will -- I will do that, sir.3536 THE COURT: All right. We will stand this down.3738 MR. WERBICKI: I just wanted to see what Mr. Boisjoli’s39 intentions were.4041 THE COURT: Okay.

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12 MR. WERBICKI: Thank you.34 THE COURT: Stood down.56 THE COURT CLERK: Thank you.78 THE ACCUSED: I do not consent, Your Honour.9

10 (OTHER MATTERS SPOKEN TO)1112 MR. WERBICKI: Good morning again, sir. On the Boisjoli13 matter. He’s in Fort Saskatchewan.1415 THE COURT: Right.1617 THE COURT CLERK: Fort Saskatchewan; Boisjoli.1819 THE COURT: Mr. Werbicki.2021 MR. WERBICKI: Yes, sir. I’ve attended at the trial22 co-ordinators office. And we have set a trial date on this matter of December 10 to23 December 14 in Courtroom 355. So that’s for the full week, Mr. Boisjoli.2425 THE ACCUSED: Your Honour, I don’t understand. Who planned26 for this?2728 MR. WERBICKI: There will be a pretrial conference --2930 THE ACCUSED: I didn’t plead to this. And also, Your Honour --3132 MR. WERBICKI: -- on October 5th --3334 THE ACCUSED: -- I’ve got a -- a Queen’s Bench -- a bail35 review on Monday for this matter.3637 MR. WERBICKI: Pretrial, sir, October 5, 2012, 1 p.m., in38 judge’s chambers.3940 THE COURT: I do not think it will be --41

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1 THE ACCUSED: Your Honour, I don’t -- I don’t agree to this,2 and I need you to uphold your oath and dismiss this for what it is. It’s -- it’s3 fraudulent. And these people are trying to intimidate me and extort me into accepting4 services. Now, is it lawful for you guys to force your services upon me --56 THE COURT: Thank you.78 THE ACCUSED: -- by threat of incarceration and -- and at the9 barrel of a gun?

1011 THE COURT: Thank you very much. October 5 you have12 got a pretrial conference. He is representing himself. So pretrial conferences are13 ordinarily, with self-represented accused, held in open court.1415 THE COURT CLERK: Yes.1617 MR. WERBICKI: If we could do that in open court --1819 THE ACCUSED: Your Honour, I have a Queen’s Bench --2021 THE COURT CLERK: Yes. It’s Courtroom 001 --2223 THE ACCUSED: -- I have a Queen’s Bench bail review set for24 Monday, Your Honour.2526 THE COURT CLERK: -- (INDISCERNIBLE) matter.2728 THE COURT: Very well. That is all approved, then.2930 THE COURT CLERK: And where there’s an election, is it31 provincial court judge? There’s a --3233 THE ACCUSED: I don’t -- it’s not approved. I don’t consent34 to your services, and I waive all your services and benefits. This is ridiculous. You guys35 are forcing me and extorting me with threat of incarceration to accept your services. I’m36 pretty sure that’s against the law in Canada.3738 MR. WERBICKI: Which courtroom was that again, Madam39 Clerk?4041 THE COURT CLERK: It will be -- the PTC will be in 001. It will be

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1 fed out to a courtroom on that day because he is in custody and self-represented.23 MR. WERBICKI: So 001 represents -- it will be an4 assigned courtroom.56 THE COURT CLERK: Right.78 THE COURT: An assigned courtroom.9

10 THE COURT CLERK: Yes.1112 MR. WERBICKI: Okay.1314 THE COURT: And since two of these charges are by15 indictment, he has got an election, right?1617 THE COURT CLERK: That’s correct.1819 THE COURT: Queen’s Bench judge or judge and jury?2021 MR. WERBICKI: Then they would -- the election, obviously,22 sir, would be judge and jury --2324 THE COURT: And the --2526 THE COURT CLERK: Then it’s (INDISCERNIBLE).2728 MR. WERBICKI: -- and it would be a preliminary at that time.2930 THE COURT: Preliminary. Yes. Very well.3132 THE ACCUSED: So you guys -- everybody here, you public33 servants, you’re all on the record. You’re going to ignore the Canadian Charter of34 Rights and Freedoms, you’re going to ignore your oaths, and you’re going to proceed35 forward without consent. Is that what’s going on here?3637 THE COURT: Thank you. That --3839 THE ACCUSED: This is -- this is extortion, right? You guys40 know that, right?41

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1 THE COURT: I think that concludes this matter. Thank you.23 MR. WERBICKI: Thank you, sir.45 THE COURT CLERK: Thank you.67 MR. WERBICKI: Thank you for your patience.89

10 PROCEEDINGS ADJOURNED UNTIL 9:00 AM, DECEMBER 10, 201211121314151617181920212223242526272829303132333435363738394041

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1 Certificate of Record23 I, Donna Pryor, certify that this recording is the record made of the evidence in the4 proceedings in the Provincial Court, held in Courtroom 265, at Edmonton, Alberta, on5 the 11th day of July 2012, and that I was the court official in charge of the6 sound-recording machine during the proceedings.789

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1 Certificate of Transcript23 I, Yvette Howard, certify that45 (a) I transcribed the record, which was recorded by a sound-recording machine, to the6 best of my skill and ability and the foregoing pages are a complete and accurate7 transcript of the contents of the record, and89 (b) the Certificate of Record for these proceedings was included orally on the record and

10 is transcribed in this transcript.111213 Digitally Certified: 2012-07-17 09:19:2214 Yvette Howard, Transcriber15 Order No. 33544-12-11617181920212223242526272829303132333435 Pages: 1136 Lines: 40937 Characters: 74563839 File Locator: 57d0111ed02211e18bb00017a4770810

40 Digital Fingerprint: 2b5be908b153efe70a8a6368177e139e08f3c3d673255c8bd43389c455c55b15

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Tue Jul 17 09:17:42 2012

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