HER MAJESTY THE QUEEN v. ALLEN NELSON BOISJOLI 2012 July 11

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Proceedings taken in the Provincial Court of Alberta, Law Courts, Edmonton, Alberta

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<p>Action No.: 120707351P1 120736772P1 E-File No.: ECP12BOISJOLIALLE1 Appeal No.: ____________________</p> <p>IN THE PROVINCIAL COURT OF ALBERTA JUDICIAL CENTRE OF EDMONTON HER MAJESTY THE QUEEN v. ALLEN NELSON BOISJOLI Accused</p> <p>PROCEEDINGS</p> <p>Edmonton, Alberta July 11, 2012 Transcript Management Services, Edmonton 1000, 10123 99th Street Edmonton, Alberta T5J-3H1 Phone: (780) 427-6181 Fax: (780) 422-2826</p> <p>i TABLE OF CONTENTS Description July 11, 2012 Discussion Certificate of Record Certificate of Transcript Afternoon Session Page 1 1 8 9</p> <p>1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Proceedings taken in the Provincial Court of Alberta, Law Courts, Edmonton, Alberta July 11, 2012 The Honourable Judge Malin J. Werbicki (No Counsel) D. Pryor Afternoon Session Provincial Court of Alberta</p> <p>For the Crown For the Accused Court Clerk</p> <p>Discussion MR. WERBICKI: THE COURT: Good morning, Your Honour. Good morning.</p> <p>MR. WERBICKI: Werbicki, initial J., from rural prosecutions; here on the Boisjoli matter. Hes in Fort Saskatchewan. THE COURT CLERK: Bail is denied.</p> <p>MR. WERBICKI: I understand, sir, that this is to set a date. I understand Mr. Boisjoli, unless he tells us differently, is not represented by counsel. THE ACCUSED: Mr. Boisjoli is. THE COURT: THE ACCUSED: THE COURT: THE ACCUSED: who Mr. Boisjoli is, please. THE COURT: Objection, Your Honour. Im not sure who</p> <p>All right. Do you have a lawyer? Id like the -Do you have a --- Id like the Crown to explain to the court</p> <p>All right. Do you have a lawyer?</p> <p>2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 THE ACCUSED: THE COURT: No. All right. What --</p> <p>MR. WERBICKI: Yes, sir. This is Mr. Boisjoli. Mr. Boisjoli, this is Jon Werbicki. As you know, Ive known you for the last 18 months. So -THE ACCUSED: Hi, Jon.</p> <p>MR. WERBICKI: -- we have no problems with that. I am not assigned to this file. It will be going, sir, to a Calgary Crown. Were not sure which Crown yet. So Ive been asked on their behalf to set a trial date of approximately one week. I dont know what Mr. Boisjolis intentions are. THE COURT: MR. WERBICKI: THE COURT: MR. WERBICKI: A trial date or just a date? A date for trial, I understand. A date to set the trial. Or depending on his election --</p> <p>THE ACCUSED: Your Honour -- Your Honour, is this court bound by the Canadian Charter of Rights and Freedoms? THE COURT: It is. sir, that you</p> <p>THE ACCUSED: Okay. Do you acknowledge, are a public servant, and youve sworn an oath to that office? THE COURT: THE ACCUSED: I do. Okay.</p> <p>MR. WERBICKI: Sir -- excuse me, sir. Youre going to have to cut Mr. Boisjoli off with this nonsense, sir. THE COURT: MR. WERBICKI: times. I know. Itll take all morning. Ive heard it a dozen</p> <p>3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41</p> <p>THE COURT: do in one weeks time. MR. WERBICKI: either puts it over -THE ACCUSED: MR. WERBICKI:</p> <p>I am just trying to determine what you want to</p> <p>I understand his bail has been denied. He</p> <p>Your Honour --- or we set a trial date.</p> <p>THE ACCUSED: -- Your Honour, Im being intimidated and extorted by threat of incarceration here, and I move to dismiss this. THE COURT: Your motion is denied.</p> <p>MR. WERBICKI: So, sir, we can either put it over or set a date now depending on what you want to do with Mr. Boisjoli. THE COURT: Well, if you want to set a date, you will have to go downstairs and get a date. And I would assume it has to be a date that accords with the Calgary prosecutor that you are referring to. MR. WERBICKI: Thats right. Ive been advised that if we set a date in September, October, or November, they would make a Crown available. THE COURT: THE ACCUSED: being offered a fair hearing here. THE COURT: MR. WERBICKI: THE COURT: MR. WERBICKI: intentions were. THE COURT: Okay. Do you want to go get a date? Your Honour, it seems to me that Im not</p> <p>Yeah. Okay. I will -- I will do that, sir. All right. We will stand this down. I just wanted to see what Mr. Boisjolis</p> <p>Okay.</p> <p>4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41</p> <p>MR. WERBICKI: THE COURT: THE COURT CLERK: THE ACCUSED: (OTHER MATTERS SPOKEN TO) MR. WERBICKI: matter. Hes in Fort Saskatchewan. THE COURT: THE COURT CLERK: THE COURT:</p> <p>Thank you. Stood down. Thank you. I do not consent, Your Honour.</p> <p>Good morning again, sir. On the Boisjoli</p> <p>Right. Fort Saskatchewan; Boisjoli. Mr. Werbicki.</p> <p>MR. WERBICKI: Yes, sir. Ive attended at the trial co-ordinators office. And we have set a trial date on this matter of December 10 to December 14 in Courtroom 355. So thats for the full week, Mr. Boisjoli. THE ACCUSED: for this? MR. WERBICKI: THE ACCUSED: MR. WERBICKI: THE ACCUSED: review on Monday for this matter. MR. WERBICKI: judges chambers. THE COURT: Your Honour, I dont understand. Who planned</p> <p>There will be a pretrial conference -I didnt plead to this. And also, Your Honour --- on October 5th --- Ive got a -- a Queens Bench -- a bail</p> <p>Pretrial, sir, October 5, 2012, 1</p> <p>p.m.,</p> <p>in</p> <p>I do not think it will be --</p> <p>5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 THE ACCUSED: Your Honour, I dont -- I dont agree to this, and I need you to uphold your oath and dismiss this for what it is. Its -- its fraudulent. And these people are trying to intimidate me and extort me into accepting services. Now, is it lawful for you guys to force your services upon me -THE COURT: THE ACCUSED: barrel of a gun? Thank you. -- by threat of incarceration and -- and at the</p> <p>THE COURT: Thank you very much. October 5 you have got a pretrial conference. He is representing himself. So pretrial conferences are ordinarily, with self-represented accused, held in open court. THE COURT CLERK: MR. WERBICKI: THE ACCUSED: THE COURT CLERK: THE ACCUSED: Monday, Your Honour. THE COURT CLERK: THE COURT: THE COURT CLERK: provincial court judge? Theres a -Yes. If we could do that in open court -Your Honour, I have a Queens Bench -Yes. Its Courtroom 001 --- I have a Queens Bench bail review set for</p> <p>-- (INDISCERNIBLE) matter. Very well. That is all approved, then. And where theres an election, is it</p> <p>THE ACCUSED: I dont -- its not approved. I dont consent to your services, and I waive all your services and benefits. This is ridiculous. You guys are forcing me and extorting me with threat of incarceration to accept your services. Im pretty sure thats against the law in Canada. MR. WERBICKI: Clerk? THE COURT CLERK: Which courtroom was that again, Madam</p> <p>It will be -- the PTC will be in 001. It will be</p> <p>6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 fed out to a courtroom on that day because he is in custody and self-represented. MR. WERBICKI: assigned courtroom. THE COURT CLERK: THE COURT: THE COURT CLERK: MR. WERBICKI: So 001 represents -it will be an</p> <p>Right. An assigned courtroom. Yes. Okay.</p> <p>THE COURT: And since two of these charges are by indictment, he has got an election, right? THE COURT CLERK: THE COURT: MR. WERBICKI: sir, would be judge and jury -THE COURT: THE COURT CLERK: MR. WERBICKI: THE COURT: Thats correct. Queens Bench judge or judge and jury? Then they would -- the election, obviously,</p> <p>And the -Then its (INDISCERNIBLE). -- and it would be a preliminary at that time. Preliminary. Yes. Very well.</p> <p>THE ACCUSED: So you guys -- everybody here, you public servants, youre all on the record. Youre going to ignore the Canadian Charter of Rights and Freedoms, youre going to ignore your oaths, and youre going to proceed forward without consent. Is that whats going on here? THE COURT: THE ACCUSED: know that, right? Thank you. That -This is -- this is extortion, right? You guys</p> <p>7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 THE COURT: MR. WERBICKI: THE COURT CLERK: MR. WERBICKI: I think that concludes this matter. Thank you. Thank you, sir. Thank you. Thank you for your patience.</p> <p>PROCEEDINGS ADJOURNED UNTIL 9:00 AM, DECEMBER 10, 2012</p> <p>8 1 Certificate of Record 2 3 I, Donna Pryor, certify that this recording is the record made of the evidence in the 4 proceedings in the Provincial Court, held in Courtroom 265, at Edmonton, Alberta, on 5 the 11th day of July 2012, and that I was the court official in charge of the 6 sound-recording machine during the proceedings. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41</p> <p>9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Certificate of Transcript I, Yvette Howard, certify that (a) I transcribed the record, which was recorded by a sound-recording machine, to the best of my skill and ability and the foregoing pages are a complete and accurate transcript of the contents of the record, and (b) the Certificate of Record for these proceedings was included orally on the record and is transcribed in this transcript.</p> <p>Digitally Certified: 2012-07-17 09:19:22 Yvette Howard, Transcriber Order No. 33544-12-1</p> <p>Pages: Lines: Characters:File Locator: Digital Fingerprint:</p> <p>11 409 745657d0111ed02211e18bb00017a4770810 2b5be908b153efe70a8a6368177e139e08f3c3d673255c8bd43389c455c55b15</p> <p>Tue Jul 17 09:17:42 2012</p> <p>Detailed Transcript Statistics Order No. 33544-12-1 Page Statistics Title Pages: ToC Pages: Transcript Pages: Total Pages: Line Statistics Title Page Lines: ToC Lines: Transcript Lines: Total Lines: Visible Character Count Statistics Title Page Characters: ToC Characters: Transcript Characters: Total Billable Characters: Multi-Take Adjustment: (-)Duplicated Title Page Characters</p> <p>1 1 9 11</p> <p>49 4 356 409</p> <p>506 79 6871 7456 6950</p>

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