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DECLARED WAR ON RIGHTS AND FREEDOM! - VICTIM IMPACT STATEMENT -
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RE: Complaint against the following Doctors;
Dr. Jeffry Handler
Dr. Koczerginski
Dr. R Hood
Dr. Acharyya
Dr. Noorani
Mrs Hamilton (Nurse in charge)
Mandam Janie(nurse)
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[1] The Right to silence or the Right not to give uninformed answers or the Right not to
engage in uninformed conversation with a person in authority because of the powerful
ramifications in society at large and the Judicial System is a very important issue. Since
ones life, liberty, security and pursuit of happiness would be in jeopardy. The fact that
whatever you say may be used in Judicial System against you, to convict you, and take
away your Rights & Freedoms; forces the application of your Rights being duly administered to in a meaningful way in becoming the cornerstone of freedom and democracy; if this was not the case, there would be a gross violation of due process.
[2] One should not be forced, tricked or be conscripted to act as a witness against oneself for an all powerful adversary (the STATE), in manufacturing psychological evidence, producing psychological evidence or whatever the case maybe, in establishing leverage or gaining “the upper hand” to take away or steal ones own Rights and Freedom.
“[34] ...ʼThe law does not lightly brand a person as a criminal.ʼ {...}
If every departure from the civil norm is to be criminalized, regardless
of the degree, we risk casting the net too widely and branding as
criminals persons who are in reality not morally blameworthy. Such
an approach risks violating the principle of fundamental justice that
the morally innocent not be deprived of liberty.
[35] In a civil setting, it does not matter how far the driver fell short of the
standard of reasonable care required by law. The extent of the driverʼs
liability depends not on the degree of negligence, but on the amount of
damage done. Also, the mental state (or lack thereof) of the tortfeasor is
immaterial, except in respect of punitive damages.
In a criminal setting, the driverʼs mental state does matter because
the punishment of an innocent person is contrary to fundamental
principles of criminal justice...”
(R. v. Beatty, 2008 SCC 5, page 25- 26)
[3] In short the State is using its Public Agents or Public Servants or a persons in high
authority to trick you, or to force you, or conscript you into vicariously becoming an
agent of the State against yourself.
[4] The State, oneʼs powerful adversary in the context of law or legal matters; would
have successfully transformed itʼs own citizen with guaranteed Rights and Freedom into
a State Agent and ones own executioner or Prosecutor in crucifying ones own self
without due process of law or the application of ones legal Rights in a fair Hearing, in an
open Court of competent jurisdiction, and before a fair and Impartial Tribunal.
[5] For all practical purpose, fairness, equity, and justness would have been thrown out
of the process and be relegated to a small percentage of people in Canadian society
with means while the overwhelming population are forced to contend with injustices and
inequalities.
[6] The aforementioned is an open challenge to the Charter or is a shameless slap in
the face of the Supreme law of Canada and our Democratic System of Governance.
Our way of life along with the administration or our preferred management of Rights and
Freedom to all Canadians would be in jeopardy. Your Rights & Freedom and my Rights
& Freedom or in danger of being lost or stolen away. This is in essence the actions of a
Police State or at the minimum the birth of one?
[7] The Rights and Freedoms being spoken about here are the following;
1. the Professional Standard of Reasonable Care;
2. The implied Covenant of Duty and Care, not to do harm to your patient;
3. Section 10. of the Charter;
4. Section 11. of the Charter;
5. Section 7. of the Charter;
6. Section 1. and Section 2. of the Bill of Rights;
7. Section 1. of the Human Rights Act;
8. Article 14 and Article 2 of The International Covenant of Civil and Political Rights.
[8] It is with in the context of these said Rights and Freedom which I articulate my experience, state my views, and give my position on the matter before us. The search by law enforcers for psychological evidence for improper purposes or improper legal objectives, whom it seems has conscripted Mental Illness Professional, to
mine for psychological evidence to rape, to steal and to ravage my Rights and
Freedoms; so that I may be profiled as a mentally diseased violent psychotic individual.
In addition with improper actions which are in line with a Police State, this is a
shameless application of systemic racism or at the minimum a weaponization of so
called “mental illness” in my humble opinion.
[9] This is my notice, this is my complaint, this is my story and this is my experience.
The matter before use began on the 27th of March 2007 in Keswick (OCC# 207-70285,
Information 07-02559 & 07-02500). After being brutalize by the York Regional Police;
in addition to being called a “CRACK HEAD”, my behaviour was described as being bizarre and strange.
[10] This was just on account of me choosing to exercise my Constitutional Right to remain silent, to guard against self-incrimination and not be engaged in uninformed conversation or giving uninformed answers to Police Officers questions without the counsel of a lawyer. Furthermore, my passive nonviolent action was profiled as strange alien behaviour. This was what was used to convict me in the ONTARIO COURT OF
JUSTICE, and subsequently to confirm my conviction in the ONTARIO SUPERIOR
COURT OF JUSTICE. However, I donʼt expect this miscarriage of justice to be upheld at the COURT OF APPEAL FOR ONTARIO(C51190).
[11] DECEPTION/LIE/FAULSE PRETENSE/ASSAULT:
On the 25th/26th of August 2011, Officer Perkins(2261) and his partner refused to identify themselves as officers of the law by name or badge number even after being asked in clear, load direct language for about 10 times or more, according to my account.
[12] Both the aforementioned Officers were not wearing there Police Hats with their
shiny brass badge clearly and proudly displayed for the public to see. Later I found out
that Officer Perkins(2261) had his badge number sown into his vest while his partner
had no badge number sown into her vest. I still donʼt know the said Officers name or
badge number.
[13] Officer Perkins(2261) and his partner shamelessly lied to me that they were arresting me for trespassing on 2500 Cawthra Rd. property and I was being brought to the Police Station(12 Division) for processing.
[14] I was sleeping on Municipality property by and against a hydro electrical pole and
about 7 feet away from a fire hydrant in the southerly-eastern direction and towards the
road. I did not observe any bylaw signs, loitering signs or trespassing signs. I was not
notified of any city bylaws or pointed to notification or warning signs. Moreover, if their is
legislation in the Criminal Code against my actions which I just described; then I would
liked to be charged accordingly and be processed accordingly and not be openly lied to,
not be assaulted, not be glaringly deceived and to be informed of my Rights and have
them executed forthwith in accordance with the Charter when being detained, arrested
or placed into custody. After all we live in Canada and not a POLICE-STATE? It is a
Police Officers duty and obligation to ensure that Canadian Rights and Freedoms are
respected and enforced. COPS (civilian organized police services) work for the public
and not for personal missions or alternative objectives. The public is the Police Officers
master! Is this not why they re called Public Servant?
[15] 911ʼs PREMATURE ABORTION OF CALL FOR HELP:
After being released by Officer Perkins(2261) in an undisclosed, dark and secluded location; I phoned 911 to give a statement of the said event and ask for an Ambulance to check for damage to my person and attend to any wounds to my person and to take a
statement of the assault I endured. I could not have been more wrong, this was the biggest mistake I made!
[16] The 911 Operator prematurely aborted the conversation after three squad cars
and about 6 Police Officers appeared on the scene. She suspended the phone call for
needed help.
[17] After I realized that the Police Sergeant was in a threatening position, at the ready
to draw his gun as oppose to being prepared to take notes in the form of a statement,
(no pen, no memorandum notebook). I called back 911 to inform them of my legitimate concerns and their reaction was to suspend and abort the phone call for needed help.
[18] For the said reasons and occurrences, my Rights and Freedoms are being stolen
away and I am being forced to under go psychiatric assessment to be possible declared
mentally ill or even mentally incompetent.
[19] WILLIAM OSLER HEALTH SYSTEM:
Day-1 of my custody and self-imposed hunger strike
After being dropped off at the William Osler Health System, Brampton Civic Hospital, I
was placed in custody under Form 1. to have a forced psychiatric assessment to determine my so-called mental state or search for mental illness; without being duly informed of my Rights Guaranteed by the Chartered and having them executed forthwith.
[20] I understand that this is foreign territory for Doctors, since they are trained to administer to the needs of patients, and not trained in the application of legal rights or due process owed to someone in custody or being held against their will or forced to converse or engage in uninformed conversation with someone in authority. The Peel
Regional Police and the William Osler Health System, appear to have some sort of
symbiotic relationship. But maybe the “The Thin Skull” rule can be applied here, you
take your victim as they are.
[21] The hospital staff took two vile of my blood without my given permission or
without being duly informed of the reasons or justifications for the said action. I
now know that drug screening test was done on my blood; what I donʼt know is if
some of my blood(bodily substance) is being used and stored as a genetic fingerprint and who has access to it ? One nurse even asked me about tattoos; what
does tattoos has to do with medical treatment for my damaged left hand or was the said
question just for identification cataloguing.
[22] What does a drug screening test has to do with an Officer assaulting my person
and me subsequently calling 911 for help? In addition my temperature, and my blood
pressure were taken. Even though my concern was with the damage to my left arm from
the assault by Officer Perkins (2261) who was driving Cruiser 52.
[23] I had to insist for them to look at my left arm and continue to insist up until the 29th
of August 2011. It was as though their was already a predetermine objective and purpose in-place and a process set up and ready to run you through and process you. It
made no difference what injuries I had and that I called 911 and requested to have my
injuries administered to.
[24] The medical staff was oblivious to my injuries, my medical concerns and
even though I repetitive request medical attention for my damaged arm. It was I
who called 911 twice requesting for medical help to administer to my wounds after being assaulted by Officer Perkins(2261).
[25] On the 26th of August 2011 in the very early morning (a guess of about 3:00 A.M),
the Emergency Medical Doctor, Dr. Jeffry Handler, saw me for less than 1 min. I requested that my left arm be looked after. Basically he walked into the room and placed or dropped a white sheet of paper on the bed as though I do-not deserve or require due process; which I later found out was a Form 42. which indicated on the back that I had the right to instruct a lawyer. This was the full extent of my interaction with the said Doctor.
[26] This said Form 42. was not handed to me in my hand and explained in a
meaningful way nor was I informed of my Rights in a meaningful way nor was my
rights administered to forthwith. I was not even told of the existence, importance
or relevance of such a form, it was just thrown on the bed like a “dog being fed”.
[27] This said Doctor, Dr. Jeffry Handler, with his prudent medical examination and
analysis, decided to admit me to Acute Mental Health care under Form 1. and have my
Brain CAT scanned. I had no cuts on my head, I had no bumps on my head, I had no
headaches, I was not suffering from trauma to the head. I am a person who doesnot get
headaches. Sure, I was knocked in the head many times with the door of Cruiser 52,
but the Peel Regional Police would never have told the Doctor that bit of information.
Although the Aforesaid would constitute assault under the Criminal Code and the hits
were firm, I donʼt believe there was any damage to my head because the force is distributed over a large surface area which is padded; in contrast, my left arm was numb
and my left finger and fingernail was bleeding and yet the medical staff refused to apply
medical treatment to it.
[28] So where is the medical justification for a CAT scan of my precious Brain? Or more
precisely, where is the medical justification to reradiate my Brain bombarded with
charged subatomic particles which have an adverse side effect of inducing free radicals,
which intern increase the likelihood for cancer or induce cancer for no good medical
reason. Furthermore, to have me assessed for mental illness and more than likely declared mentally incompetent, without due process, without access to counsel and without the application of my Rights and having them administered to forth with in accordance
with the Supreme Law of Canada.
[29] The security guard assigned to me, whom did-not understand the dynamic of
the CAT scan and could not articulate the process in scanning ones brain, was
insistent on this said test. He kept on repeating multiple of time that the doctor ordered it and I should be taking it. The said security guard was so insistent and forceful
in his language for this said procedure, that the nurses who were responsible for the
CAT scan medical procedure , had to boldly tell him in clear and direct language that;
“the patient has the last word on medical procedures!”
[30] Just imagine, a security guard, who is not a licence or trained medical technician or
medical professional at WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, has enough confidence to step outside the boundaries of his authority(exceeding his jurisdiction), and to try and effect a medical procedure or process under the carriage and control of WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital! This is very, very, very, scary!!!
[31] On the aforementioned basis, Dr. Handler in addition to ordering a CAT scan of my
Brain for no medical or an undisclosed medical reason to the patient made an application for me to have a psychiatric assessment in the following manner;
“This is to inform you that Dr. Jeffry Handler examined you on 26/08/
2011 and has made an application for you to have a psychiatric assessment.
The physician has certified that...he has reasonable cause to believe that
you have:
✓behaved or behaving violently towards another person or have caused
or are causing another person to fear bodily harm from you; or
✓shown or are showing a lack of competence to care for yourself and
that you are suffering from a mental disorder of a nature or quality that
likely will result in:
✓serious bodily harm to yourself;
✓serious bodily harm to another person; or
✓serious physical impairment of you.
{...}
The application is sufficient authority to hold you in custody in this hospital
for up to 72 hours.
You have a right to retain and instruct a lawyer without delay.”
[32] On the 26th of August 2011, Dr. Jeffry Handler did not in any shape or form review or even inform me of the existence of Form 42 or Form 1, much-less in a meaningful way. The medical staff did-not asked if I was capable of reading or had the mental or intellectual capacity to understand Form 42. Furthermore, I am not a lawyer and Dr. Jeffry Handler was making an adverse inference to my mental state so how could their possible be a reasonable assumption made within the context of my understanding of Form 42., Form 1. (a legal document) or the medical process that I was being subjected to.
[33] This is blatant defamation, a denial of due process, and a denial of my Section 7.,
Section 10. and Section 15. Charter of Rights; since it has no real basis in facts. Furthermore, the Peel Police Officers know some of the medical staff which could be coloured to their way of thinking for their task, their objective, and their purpose. Hence,
reasonable apprehension of bias exist with in this mingled medical and legal process for
custody/psychiatric assessment.
[34] Where is the Standard of Reasonable Care? Where is the Duty of Care and its implied covenant, not to do harm to your patients? I am being harmed! I feel as though I
live in a Police State containing fringes elements with improper personal missions. The
said fringed elements seemed to have the power and ability to use good medical people
vicariously to side step or circumvent the Judicial process and force or engineer desirable outcomes for legal matters they cannot hope to win in open Court, in a fair Hearing, and before a fair and impartial Tribunal in my humble opinion.
[35] On the 26th of August 2011, the 1st councilor who came to engage me in conversation was unknown and I would like to refer to him as Councilor X. On the 26th of August 2011, an unidentified person, slipped into the room I was being held in after Dr. Jeffry handlerʼs less than 1 minute visit. No one has been able to identify or confirm the existence of Councilor X.
[36] I was sitting on a blanket on the right side of the floor in a cross legged position if
one is facing the door to the same room, when Councilor X walked into my holding
room to engage me in uninformed conversation. Councilor X sat on the bed staring at
me with a sinister look. He was a male caucasian past his middle age or older than
middle age, about 5 feet 4 inches and had a similar size to a marathon runner. I am not
saying he was as fit as a long distance runner, but only that he had a similar body type
or physical appearance taking into consideration his clothes. He had on a black military
style pant's (the kind security guards wear). He might have been wearing a gray vest
but I am not sure. He had a clipboard in his hand and a constant grin which revealed all
his upper front teeth while he sat cross-legged with a persistent stare downwards at me.
[37] I wrongly believed that he was the psychiatrist; I wrongly believed that Councilor X
was the psychiatrist; maybe this was part of some plan of deception, I donʼt know. But
this event was too strange for me not to take note of it, especially when the nurses on
the floor could not identify him at my request. The first thing Councilor X said to me
was that I have a mental problem. He did not ask me but boldly stated it in a soft direct
tone and in no uncertain language in the following form;
“You have a mental problem!”
[38] He made this statement repetitively many times while shaking his head up and
down in the affirmative manner. I countered repetitively by stating that I did-not have a
mental problem in clear, direct and concise language. In addition to the aforesaid,
Councilor X would randomly check off things on a clipboard he had in his hand.
[39] I eventually started talking about the occurrence with the Peel Regional Police.
While Councilor X became increasingly bolder in his questioning as time went on; he
started to ask leading questions, I deduced that he was trying to or attempting to get
me to agree with him or concur with his improper leading questions; which were not
proper questions but suggestion and professional advise with in the context of psychological key words to catalogue mental disorders when probing ones mind. For example, hearing voices , perceiving that someone is always following you, having special powers, etc.
[40] After boldly denying the occurrence of any of the things Councilor X was inferring,
advising or suggesting. I informed him that he was asking me leading questions. Furthermore, that he was trying to stare me in a certain direction of his choosing, and what he was trying to do would not hold up in Court.
[41] I became very suspicious and , requested that he identify himself in clear direct
precise language. He flashed an identification card with orange horizontal stripes or
strip on a white background, and asserted that he was a councilor. I Countered and said
that as a councilor you cannot ask psychological questions. Imagine the horror of a
councilor giving an appearance or presenting himself in the cloak of a psychologist or
acting in the capacity of a psychiatrist whom is also a medical doctor.
[42] This is about when the Session with Councilor X ended. Councilor X with a slow
motion movements ticked something off his clipboard with the same sinister grin and left
the room I was being held in.
[43] TAKE NOTICE: That a second councilor, a friendly middle age tall caucasian lady
came to speak with me later on in the morning and was more concerned with my well
being (housing, work, mobility), instead of leading questions, my mental state or covert
interrogation. So if this second councilor who the floor nurses confirmed is the councilor,
who was Councilor X and what was his objective and purpose?
[44] On the 26th of August 2011, Dr. Koczerginski, a psychiatric Doctor entered the
room I was being held in to engage me in uninformed conversation for the 1st time. Neither Dr. Koczerginski nor any one else before him who came to speak to me, informed me of my Rights in a meaningful way, or that I had a Right to access or instruct council forthwith.
[45] On the 26th of August 2011, Dr. Koczerginski (a psychiatrist) with 30 years experience and is a person in great authority, engaged me in uninformed conversation while under the carriage and control of WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, when he and all who came before him to engage me(Wayne Ferron) in uninformed conversation, failed to inform me of my rights in a meaningful way or advise my person that I had the right to retain and instruct counsel forthwith.
[46] As a result Dr. Koczerginski and I had uninformed discussion for about 30
minutes. Furthermore, I had a uninformed discussion or assessment or whatever
the case may with the said psychiatrist, a person in authority and whose words
carry great weigh in society at large, in the Judicial System and have great ramifi-
cation to my life and my beloved childrenʼs life, liberty, security and pursuit of
happiness; without being duly informed of my Rights, without having access to a
council to advise me, and without having a lawyer present. Dr. Koczerginski at the end of the uninformed conversation asked me in a bold voice with a clear and direct language;
“What can I do for you?”
[47] I silently placed an adverse inference on this question, to indicate Drugs in the form
of prescription. but I did not say this to the said Doctor because their was no factual basis for it other than my interpretation and and opinion. The meaning of his question was never articulated in a meaningful way. The said doctor informed me that he would release me and a councilor(2nd councilor) would be meeting with me.
[48] JUSTICE TAKES VACATION ON FRIDAYS:
Upon my release from the Brampton Civic Hospital, in the morning on the 26th of
August 2011, I went to the Willians Davis Brampton Court House to file an
Information or file charges against Officer Perkins(2261) whom assaulted me, lied
to me, deceived me and refused to disclose his name or badge number even after being
asked for about 10 or more times in clear and concise language to do so.
[49] After entering the Judicial Office and signing up to see a Justice of the Peace for
the purpose of filing an information and making an oath of reasonable belief on the
truthfulness of my allegation in the said Information as prescribed by Section 504. of
the Criminal Code legislation.
[50] A Brampton Court House Clerk advised me to go to 12-Division and file a complaint against Officer Perkins(2261). This is in spite of the fact that Officer
Perkins(2261) had successfully castrate my ability to travel by taking all my ID, all my
bus tickets and my Bank card which in essence established a barrier to my mobility.
[51] I informed the said Clerk in clear, direct, and concise language that I am familIar
with the complaint process she is speaking about, however I was here to file an
information. Moreover, I had no means of going to 12-DIVISION.
[52] After about 5 minutes the said Clerk returned and called me up to the counter window to inform me that I cannot file a private information on that day. Imagine that,
Justice is taking a vacation on Fridays. Moreover, Justice is taking a vacation
from it obligation to private citizens on Fridays, but Police Officer are welcome
and Crown Prosecutors are welcome; but private citizen who wish to enforce the
law in accordance with Parliamentary Legislation and the Public Good are not
welcomed because justice is on vacation for their Rights and Freedom.
[53] I donʼt know if any one in the Courthouse realizes that Section. 15 (Equality of the
law) and Section 504. (filing charges or an information) of parliamentary legislation is
being violated. In my humble view, this is an illegal action in a Court House.
[54] Imagine, you are assaulted. The Criminal Code of Canada tells you that in such
cases, you may go to a Court of Competent Jurisdiction, then swear an oath of reasonable belief before a Justice of the Peace while filing an information of the said allegation. This is to start the wheels of Justice moving to meet the ends of Justice or to fulfill the interest of Justice.
[55] Imagine my horror in discovering that something as disgusting as this exist in Canada, a Free and Democratic System of Governance; or are Canadians of the opinion that what has been said only exist in a Police State of some sort or variation?
[56] If one is raped, assaulted or if anyone believe that a Crime has been committed
against her person; the Criminal Code of Canada tell you that in such a case, you may
go to a Court of Competent Jurisdiction and file charges against the one who did you
wrong.
[57] And here I was being told by a Clerk of the Williams Davis, Brampton Courthouse
; a Court of Competent Jurisdiction and residing in the jurisdictional Territory or
Provence or whatever the case may be, of where the allege crime occurred; that the
Williams Davis Brampton Courthouse would not be able to do what the Parliament of
Canada has legislated and enshrined in the Criminal Code, to administer to my Rights
in seeking Justice for allege crimes committed against my person.
[58] What else is left, but to ask to be arrested. Since I was shown in a practical way
that there was no Justice or it was at the minimum taking a vacation on that particular
day. So I asked to be arrested in a non violent passive manner, Just like Dr. King or Mr.
Gandhi would have done. But I was arrested in an abusive way. I was choked and I
have a 3 to 4 inch scar on my left side of my neck and a soreness on the left inside part
of my throat.
[59] I more than likely informed the Officers more than 20 times of my Rights to silence,
whom seem to come like the box cars of a train to question me and strongly engage me
in informed conversation against my stated wishes of chosen silence in the application
of my guaranteed Charter Rights and Freedom.
[60] FORM 1/CUSTODY:
For this reason, Officers, Public servants for the betterment of the community; endeavor
to act in the capacity of a medical doctor or a medical professional, to determine
that my actions were bizarre, that I was “borderline” at best. At least, this is what a female Officer kept repeating at the William Osler System, Brampton Civic Hospital.
[61] In my humble opinion, for this reason I(wayne Ferron) of sound mind was put on a
FORM1. for psychiatric assessment to be determine mentally diseased or more than
likely mentally incompetent. But more importantly, to be profiled as a mentally diseased, violent, bizarre psychotic individual, just for being assaulted and daring to seek the ends of justice for crimes committed against my person during the said assault. Is this not in the interest of justice or the consciousness of the Court? Is the aforementioned not improper profiling and systemic racism in action?
[62] But just on the face of it without a prudent investigation; this action and ones similar
to it would solve many problems. This is possible a way to reduce the traffic and pressure in full Court Houses taxed with a large amount of human traffic.
[63] To have a process in place to deal with the undesirables in our society and the
funding problems Hospitals have; Moreover, to divert a part of the Court traffic to hospital mental intensive care wards, with the added benefits of circumventing my Rights and Freedom while extending my custody without ever seeing or speaking to a lawyer or having a fair and equitable hearing is truly a sad day in Canada and a massive blow to Canadian Rights and Freedom.
[64] The hospital and subcontracting medical staff must be paid for services rendered.
In short, it would solve a problem with undesirables who are not really criminals while at
the same time filling the coffers of Hospitals and lining the pockets of relevant medical
staff and drug or pharmaceutical companies, in my humble opinion. This is why I said
the relationship between law enforcement and hospital might possibly be symbiotic.
[65] I am prepared to say that the mental health services is being bastardized and
weaponized against undesirables like myself at the cost of integrity and public confidence, at least this was my experience. But where there is one, there are more than likely many. For me, this is much more than just a “false positive.” Hence, this is a declaration of war on my Rights and Freedom and maybe even the Rights and Freedoms of society at large? Who best to start with than the homeless? Thus, declaration of war on the homeless?
[66] For this reason, I was put on a FORM 1. for psychiatric assessment to determine
mental illness or more than likely mental incompetence.
[67] There is a false appearance of no requirement , which has a negative effect on effort or a lack of urgency placed upon having the Rights and freedom of a person in custody in a mental intensive care unit administered to and applied in a practical way. There is a great need for due process.
[68] Wrongly or rightly, as for as I am concerned, my legal Rights exist, the Supreme
Law of Canada is alive and well. The Charter is transcendental, and is not rendered impotent or dead because the Peel Regional Police decides to arrest me, then circumvent my legal Rights by bypassing the Judicial System and placing me under custody in the WILLIAM OSLEN HEALTH SYSTEM, Brampton Civic Hospital, Mental Intensive Care unit, for seeking the ends of Justice of an allege assault by Officer Perkins(2261). I donʼt even know who has carriage and control over me at this point; the Brampton Civic Hospital or the Peel Regional Police Service or both?
[69] The whole even is strange and questionable;
I. I have not been issued any tickets for any crime or crimes committed;
II. I have not been issued any summons to appear to be spoken to for identification of
a criminal act, before a Judge of the Court and in a court of competent jurisdiction;
III. I have not entered into any recognizance of bail;
IV. I have not been served any warrants for contravention of any section of the
Criminal Code or ticket for municipality bylaws or for a lawful search for evidence of
a crime or crimes reasonably believe to have been committed; and
V. there has not been a disclosing of an information along with a crownʼs brief.
[70] The Peel Regional Police Services reasons for making and adverse inference
of mental illness is a result of my decision to effect the application of my Right to
silence and avoid being conscripted into defeating myself before being given the
right to instruct a lawyer forthwith.
[71] I informed Officers that I will not make uninformed statement or have uninformed
conversation with with a person in authority many many times(about 20). Because of my
application of my constitutional Right to silence, the Officers profiled my behavior as bizarre and borderline, even though I repetitively informed them of my Rights to silence.
Different Officers would constantly harass me to engage them in uninformed conversation, even though I had not contacted a lawyer forthwith. One particular Officer was even annoyed that I would have conversation with the emergency staff and not him.
[72] It is an officerʼs duty to protect the constitutional Rights of the citizens of Canadian
society at large, and to protect their Human Rights, Civil Rights, Political Rights, and
any other Rights and Freedoms they may have.
[73] Once again for the aforesaid occurrences, I was placed on a FORM 1. for psychiatric assessment for mental illness or possible to be determined mentally incompetent.
[74] The staff at the WILLIAM OSLEN HEALTH SYSTEM, Brampton Civic Hospital ,
Acute Mental and Mental Intensive Care Unit would constantly try to engage my person
with psychological questions, even though I would constantly inform them that I have
not been informed of my Rights and I need to consult with my lawyer before having
conversation with a person in authority. I refuse to have uninformed conversations!
[75] It should be noted that Officers or one of the Officers kept saying that I was “borderline”. I inferred that this was a psychological assessment by the said Officers. When are Law Enforcement Officers permitted to act in the capacity of a psychiatrist and make a ruling on a personʼs mental state or supposed mental illness?
[76] How is the logical jump made from my person being assaulted along with the
aforesaid irregular events transmogrified into my mental state being questioned?
Did anyone question law enforcement Officers motives, objective or even professionalism?
[77] How is the logical leap made from my person being;
I. assaulted by Peel Regional Police;
II. lied to and deceived by Officers of the Law;
III. having 911 prematurely abort my phone call for help twice before the completion of
the conversation or call; and
IV. denying me the Right to file charges against Officer Perkins(2261) who assaulted
me, harassing and deceiving me into having uninformed conversation with person in authority.
[78] How are the logical chains connected and the logical leap made from the aforementioned, to questions about hearing voices, having special powers, people following me, and having thoughts of harming myself?
I. Is there a witness or did someone take a statement of me hearing voices?
II. Is there a witness or did someone take a statement of me having special powers?
III. Is there a witness or did someone take a statement concerning people following
me?
IV. Is there a witness or did someone take a statement of me having thoughts of harming
myself?
V. Is there a witness or did someone take a statement of me being violent, threatening,
and psychotic?
[79] There is a great fallacy in the logic being used. There is a logical disconnect between the factual evidence and the adverse inferences of the Peel Regional Police and the Brampton Civic Hospital Acute Mental Illness and Mental Intensive care unit. There is simple no evidence to support all that is being done to my person and the adverse inferences to my person. So is this improper profiling and systemic racism in action?
[80] There is no logic here! There is a want of sound scientific basis for what is being
asked; hence fallacies in the chain of logic being desperately relied upon. This is voodoo science, harassment of my person, the profiling of a person belonging to a undesirable racial group being engineered, and systemic racism in action, in my humble opinion.
[81] On Friday the 26th of August 2011, I was placed on FORM 1. by Dr. Hood to be
mentally assessed and possible declared mentally incompetent. According to the medical staff, Dr. R. Hood saw me for about 7 minutes and she made the following findings on the said basis;
[82] On the aforementioned basis, Dr. R. Hood for undisclosed medical reason to her
patient made an application for me to have a psychiatric assessment in the following
manner;
“This is to inform you that Dr. R Hood examined you on 26/08/2011 and
has made an application for you to have a psychiatric assessment.
The physician has certified that...she has reasonable cause to believe that
you have:
✓shown or are showing a lack of competence to care for yourself and
that you are suffering from a mental disorder of a nature or quality that
likely will result in:
✓serious bodily harm to yourself;
✓serious physical impairment of you.
{...}
The application is sufficient authority to hold you in custody in this hospital
for up to 72 hours.
You have a right to retain and instruct a lawyer without delay.”
[83] On the 26th of August 2011, Dr. R Hood did not in any shape or form review or
even inform me of the existence of Form 42. or Form 1., much-less inform me of my
Rights to instruct a lawyer forthwith in a meaningful way.
[84] The medical staff did-not asked if I was capable of reading or had the mental or intellectual capacity to understand Form 42.. Furthermore, I am not a lawyer and Dr. R
Hood was making an adverse inference to my mental state so how could their possible
be a reasonable assumption made within the context of my understanding of Form 42.,
Form 1. (legal documents), or the medical process that I was being subjected to.
[85] This is blatant defamation, a denial of due process, and a denial of my Section 7.,
Section 10., and Section 15. of the Charter of Rights; since it has no real basis in facts.
Furthermore, the Peel Regional Police Officers know some of the medical staff which
could be coloured or tainted to their way of thinking for their task, their objective, and
their purpose in my humble opinion.
[86] Hence, reasonable apprehension of bias exist in the process applied to the matter
before us. For example, the female Officer kept on repeating all night that he(wayne
Ferron) is borderline or it is as-though he is borderline, yet she spent a great deal of
time trying to engage me in uninformed conversation after I informed the Peel Police
Officers that I need to speak to my lawyer and will not have uninformed conversation
with persons in authority.
[87] She was diligent in taking notes when we were talking about similar things we both
do, such as running and physical workout. She was also familiar with the Hospital, referring to a Chinese Doctor who had adverse feeling towards the police because of a
Highway occurrence between his wife and Police Officers. She named another one
which she had good experience with and are favourable in her view.
[88] TAKE NOTICE: I had not slept on the night of Thursday the 25th of August 2011.
Moreover, I suffered from Trauma from the abuse from the Peel Regional Police, law
enforcement. I was kept for a very long period of time with my hands cuffed behind my
back and suffer from fatigue and trauma from the assault of Officer Perkins (2261) , the
pressure of the metal cuffs against my tender tissues(nerves, etc..), for unGodly length
s of time, and assault from other Officers. In addition to this aforementioned, my back,
hands, and arms was extremely fatigue and I tried to deal with it along with severe depravation of sleep as best as I could.
[89] ACUTE MENTAL HEALTH UNIT:
Day-2 of my custody and self-imposed hunger-strike as a political prisoner.
On Saturday the 27th of August 2011 at or about 4:00 A.M. I was moved into a holding
room in the Acute Mental Health Unit.
[90] There was two rooms in the said ACUTE MENTAL CARE unit, there was a face
wash bowl in the hallway, located between or on the outer wall of the first room which
was empty. A washroom was located across the hallway from the first empty room and
a lone security guard sat guarding at a location between the closes exit to the first room
and the washroom. Directly across from the second room which I was assigned to, was
a nurse station or observation room.
[91] I was assigned to the second room from the security guard and across from the
nurses observation room. My room had a camera or cameras contain in a dark transparent black half globe which was installed on the right hand side on the ceiling. So
much for the Rights to Privacy or whatever they may call it these days?
[92] I move the bed in the opposite direction of the location of the camera, to give me
more space, and I spread a blanket on the floor to do my regular morning Yoga practice.
The 1st Nurse came from her nurses station across the hallway and burst into the
said room while declaring in a loud voice;
“Who moved the bed?”
[93] She stated at close proximity to my person while looking into my face in a direct
voice;
“Only crazy people exercise this early in the morning!”
[94] She was obviously, very upset at something or the other. Furthermore, the 1st
Nurse asserted or inferred that they think that I am crazy and that I was violent and
threatening people. She did not give any examples of who I was violent to or whom I
had or was threatening. I was only doing my Yoga practice on a blanket on the floor;
which in my view was not a big deal and a much smaller issue than she was making it
out to be. Or maybe I was unknowingly messing up some sort of observation in progress or whatever the case may be?
[95] Furthermore, the 1st Nurse asserted on many occasions that the floor which I was
doing Yoga was filthy!! She continued to ramble on about how disgusting the hospital
floors were, by stating to my person repetitively;
“The floor is filthy! The floor is filthy! The floor is filthy...”
[96] I was not aware that a patients doing regular morning Yoga exercises to maintain
good health and well being and reduce stress, could cause this much problems. However, I ignored her and continue my Yoga practice, I was not about to have my peace and tranquility sabotaged; In any event I continued to do and complete my Yoga exercises. The early mornings is the part of the day I most enjoy.
[97] CASE 1:
If it is the case that the floor is indeed so filthy as being inferred by the 1st Nurse , then
this would be an obvious continual violation of the Health and Safety Act; not to mention
a flagrant violation of the of Professional Standard of Reasonable Care owed to a patient, and a violation of the implied covenant of Duty of Care, not to do harm to your patient.
[98] CASE 2:
Patients such as myself, are not allowed to wear their shoes. Patients shoes, clothes,
and personal items are prudently confiscated by WILLIAM OSLER HEALTH CENTRE,
Brampton Civic Hospital, security Officers and locked away. So most of the time at
the initial stage of this process I was walking with bare feet on the so called “filthy
floor”, as were many others. I had to beg the said hospital security to keep my socks
as a guard against the cold floor.
[99] CASE 3:
I had an open wound on my left little finger and nail as a result of the assault of Officer
Perkins (2261) who drove Cruiser 52. I repetitively begged the emergency staff to stitch
close my open wound from the Friday the 26th of August 2011, early in the morning to
no avail.
[100] If the 1st Nurse in the ACUTE MENTAL CARE unit, at WILLIAM OSLER HEALTH
CENTRE, Brampton Civic Hospital, care so much or was so concerned about “filthy
floors.” They would have guarded me against the “ filthy floors” by stitching up my open
wound shut, to help guard against deadly infections, when I repetitively requested it to
be done.
[101] WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, should have
showed reasonable profession standard of care by protecting my health and well being.
To protect me their patient against, infections, flesh eating bacteria, ets and antibiotic
resistance bacteria like MRSA.
[102] Later on in my stay at the Mental Intensive Care Ward at Brampton Civic Hospital,
one of my nurse (Filomena) witness me doing Yoga at about 7:00 A.M. and her reaction
was to say;
“Boy you are flexible...”
[103] Another time my nurse (Joan) said to me at about 7:00 A.M. in the morning while I
was practicing Yoga;
“Sorry to disturb your sun salutation, but I will be your nurse today.”
[104] The Orderlies, Jeff, Ian and Junior witness me practicing Yoga every morning
when they came to take my vitals, blood pressure, oxygen, temperature, and heart rate;
there reactions are similar in kind and in the following format;
“You are in excellent shape, keep up the good work.”
[105] My medical Doctor (Dr. Siegel), reaction after my examination was;
“You look good.”
[106] REASONABLE PROFESSIONAL STANDARD OF CARE/MRSA:
There is a patient two doors to the left of me in Isolation Room N.1.117, whose name I
reasonable belief to be “Brant”. Brant has been possibly exposed to MRSA, an antibiotic resistance bacteria. Brant shared a room upstairs(possible 6th floor), with a person who has been determined to be infected with MRSA or tested positive for MRSA or been exposed to MRSA or whatever the case may be. The aforesaid unnamed person was Brantʼs past roommate before the Hospital found out that his injuries was caused by an attempt to commit suicide.
[107] The important issue is Brant, a patient who has been possibly exposed to MRSA
and is deemed to be in isolation by the caution sign on is door (N.1.117), to all medical
staff and his visitors; moreover, their is an isolation delineation along with Brantʼs Room
number (Isolation N.1.117). He was out all morning and all day on the 2nd of september
2011, even though he was not dully declared by the WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, relevant medical staff to be free of any MRSA contamination. Brant, in addition to spending the morning and day outside, spent time in the lunch room while using the phone or finish eating his lunch.
[108] In the evening on the same day, Brantʼs nurse(Janie) came in to the TV room and
asked him to go back to his isolation room. Since, I was in close proximity to nurse
Janie and Brant on the sofa adjacent to the one they were sitting and talking in, I overheard her inform Brant that his MRSA test were not completed and he must go back to his isolation room. Brant replied by saying;
“please donʼt do that to me.”
Nurse Janie countered by informing him that she allowed him to be out all day already
and his test related to MRSA exposer has not been completed or something to that effect.
[109] Recall, Brant was out and about all morning and all day. I had long conversations
with him, sat in the same chair and used the same TV converter after he used it. I even
handed him his lunch while he was getting in his wheel chair and wipe up the water he
left on the arm of the same chair after he left to finish his lunch in the lunch room.
[110] Brant disclosed to me how his ex-wife and daughter was suppose to visit him on
the same day and how he was going to move in with his parents after he left Brampton
Civic Hospital.
[111] Brant even told me how he tried unsuccessfully to commit suicide by jumping off a
40 to 50 feet bridge; breaking his legs or thigh and shattering the bones in his face. He
also revealed that he has a long metal rod holding the broken bone of his right thigh together. The resulting open wound from the operation had to be closed with an accumulated length of about 18 inches of staples to his right thigh
[112] According to Brant, his face had about 3 medal plates holding the shattered bones together. He would repetitively ask the medical staff for ice to sooth the pain in his face.
[113] I donʼt know how much damage was done to his left leg, but, he removed his removable cast after asking permission to do so and for which I answered in the affirmative.
[114] He said that after he jumped and did all his physical damage, he crawled between
two bridges; so when he was admitted to the WILLIAM OSLER HEALTH CENTRE,
Brampton Civic Hospital, quite possible on the sixth floor, no one knew he had tried to
end his life.
[115] It was not until his ex-wife, “ratted him out”, as he puts it or made the Hospital
aware of his attempted suicide, that the hospital transfered him to the MENTAL INTENSIVE CARE UNIT and assigned him to Room N.1.117 for a mental illness or mental state of depression and being suicidal.
[116] Brant, informed me that he is constantly in unbearable pain, for which has been
taking up to 12 pills a day(addictive pain killer). He said they were addictive, but the
Hospital was trying to cut him down to 6 pain killers per day. I even spoke wishfully, to
have both his legs cut off, if it would reduce the pain.
[117] On Friday evening of the 2nd of September 2011, Brant left his isolation room
(Room N.1. 117) covertly and went to the lunch room to use the phone and was using
the regularly used Bell phone, which all patients use. This was after his nurse(Janie) returned him back to his room and confined him there until an all clear from the relevant
authority of the Hospital. I promptly informed the orderly, to inform his nurse, that Brant
of isolation room N.1.117, was suppose to be in isolation.
[118] In addition to having a sore throat, my left little finger and upper part of left nail has open wounds which the WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, medical staff has refused to stitch close from the 26th of August 2011. Furthermore, the open wound in the left side of my throat which I reasonable believe was caused when Police Officers pulled me up by the back of my shirt thereby chocking me with my own collar and also grabbing me by the neck with a bare hand. Their is a 3 to 4 inch scar on the lower part of my neck to show for this use of force action.
[119] The point is, I have open wounds the antibiotic resistant bacteria (MRSA) could
enter my body and proliferate. I was possible being unnecessarily and negligently exposed to MRSA. Is the unknown risk I am being exposed to fair to me and the other patient? Is the aforesaid action in accordance with the professional standard of reasonable care?
[120] Brantʼs young daughter (about 16 or so), along with her friend came too visit him
and his daughter and her friend had to conduct themselves in accordance with the policy and procedure the hospital has laid down. They washed before entering Brantʼs
room(N.1.117) and they washed after leaving the room. I am unaware of other precautions which might have been taken.
“CONTACT PRECAUTIONS
Visitors Report to Nursing Station before entering Room
PICTURE OF GOWN PICTURE OF GLOVES
FOR ALL PERSONS ENTERING ROOM
Wash our Hands Before and After Patient Contact”
[121] FOOD TO SUSTAIN ME:
Day-8 of my custody and self-imposed hunger-strike as a political prisoner.
On Friday the 02nd of September 2011, at or about 7:30 P.M., my cousin came to visit
me and bring me some simple foods. She immediately noticed a long scar on my neck
healing or at the final stages of the healing process on the left lower part of my neck. I
have been in the WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, for
eight days, begging for the staff to attend to my wounds caused by the Peel Regional
Police and all the personnel from the medical staff at the said medical institution iI came
in contact with, failed to point out my injury on the left side of my neck, even though I
have been constantly complaining of pain in the left side of my throat where the Officer
grabbed me by the throat.
[121] Is this a professional standard of reasonable care? It should be noted that the light
in the washroom was dull and dying and didn't provide sufficient illumination to see the
damage to my neck. The washroom is the only place a mirror exist for me to see my reflection.
[122] Day-9 of my custody and self-imposed hunger-strike as a political prisoner.
On Saturday the 03rd of September 2011, at or about 2:00 P.M., Dr. Noorani came to
engage me in conversation in my room (N.1.121), in the capacity of a psychiatrist. He
asked me if I was okay? I responded by asking him if he he had read my file? He answered in the negative. So I informed him that I cannot have uninformed conversation
with him, and I must speak to my lawyer before speaking to him. He indicated that he
understand and left to see other patients.
[123] Day-10 of my custody and self-imposed hunger-strike as a political prisoner.
On Sunday on the 04th of September 2011, at or about 8:00 P.M.. My throat is still sore
and my left finger and nail is still healing. Brant, is still in isolation. Brant still occupies
room N.1.117 with a warning or caution sign on it.
[124] Day-11 of my custody and self-imposed hunger-strike as a political prisoner.
On Monday the 05th of September 2011, at or about 1:00 P.M., Brant was brought out
of his room with a bright yellow mask on in his wheel chair. I donʼt know if he has been
cleared to leave his room. I donʼt know if he is still in isolation for possible MRSA exposer.
[125] What I know is that the warning or caution sign is still on his door, the isolation delineation along with his room number (N.1.117) is still there.
[126] A little later on the same day, I saw Brant without the bright yellow mask and his
escort, go to the TV room and proceeded to watch TV.
[127] On Monday the 05th of September 2011, at or about 2:30 P.M., I went to the
nurses Office to ask and inquire if Brant in isolation room(N.1. 117), and with the warning or caution sign on his door has been cleared for MRSA contamination?
[128] The personnel in the nurses office responded in the affirmative. However, I advised the said medical staff in the nurses office that the warning or caution sign on isolation room(N.1.117) is still on the door. The said personnel in the nurses office could not articulate the reason why the warning or caution sign was still on Brantʼs door, if it is indeed the case that he has been cleared for MSRA exposer. I informed the said medical staff that it is a contradiction for Brant in room N.1.117 to be cleared for MRSA contamination and yet his door still has a Warning or caution sign on it.
[129] I decided not to use the TV room for obvious reasons. My health and well being is
much more important than access to a TV or a common room. Brant being cleared for
possible MRSA exposer and still having a caution or warning sign for entering his room or have contact with him, does not make logical sense to me. There is an unresolved contradiction. It is better to be safe than sorry. Therefore, I will confine myself to my room except for when I need to take a shower or use the bath room. The first time Brant was out of is isolation room without being cleared, it was nurse (Janie) who had allowed him to leave the isolation room and possible risk to the well being of the other patients and Hospital Staff. I feel empathy for Brantʼs isolated in a room, the hospital should probable provide a TV for him, but the health and well being of the hospital staff, theother patients, and society at large should have first priority.
[130] On Monday the 05th of September 2011, at or about 6:00 P.M., Dr. Brida I reasonable believe and because my nurse advised me that this was the Doctor who visited me on the same date; came to my room N.1.121 to engage me in conversation concerning when my lawyer is coming and if I was eating and so forth.
[131] On Monday the 05th of September 2011, shortly after 6:00 P.M., and after Dr.
Brida had finished visiting me, my nurse came to my room N.1.121 to engage me in uninformed conversation. She asked me if their was any thing I would like to speak to her about? I Responded in the negative. She asked if she could asked some standard
questions.
[132] The said Nurse asked me if I heard voices when I sleep or if I have thoughts of
harming myself. These said psychological questions that is asked by almost every one,
except the orderlies and security guards are thrown at you like carpet bombs on a repetitive basis.
[133] I have answered these same psychological question many many times already. I
have serve on WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, more
than one written articulated document containing short answers to these same said
questions. Moreover, the capacity which my nurse is acting in is questionable. Is she my
psychiatrist or is she my nurse? I have not spoken to my lawyer yet nor have I been
given the opportunity to participate in a fair and equitable Hearing before an Impartial
Tribunal, so this is just harassment! Plain and simple.
[134] It should be noted that the alarm and announcements are always on the internal
communication system and medical staff can come into and leave your room at will and
everyone can hear the constant opening and closing of the heavy noisy security door. In
addition you are always offered something to help you sleep, I ofcourse donʼt have
problems sleeping; I can sleep in any environment because this is how I have trained
myself from a young age. When I need to sleep I sleep. I have always said no to drugs
in any shape or form. Just because it is approved by the Government does not make it
right or morally correct.
[135] Drugs is a foreign chemical or material in the body that may provide an immediate
false solution and carries along with it other problems. Drugs is always the absolute last
resort for me when there is absolutely no other alternative solution. I live clean and
healthy, I try not to abuse the health care system. This is why my attendance in the
hospitals is minimal, at lease until this enforced custody with no reasonable justification
or sound legal basis.
[136] I have waited patiently for my lawyer to engage me in conversation and to engage the Appeal Tribunal with respect to the merits of FORM 3.; the WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, and its medical staff should also be able to wait patiently for the Appeal Tribunalʼs Hearing and subsequent Ruling, after all I am the one in custody and being denied his life, liberty, security and pursuit of happiness while being defamed.
[137] The said engagement of my person and the bombardment with WILLIAM OSLER
HEALTH CENTRE, Brampton Civic Hospital, medical staff insistent and forcefulness
in engaging me in uninformed conversation and covert psychiatric assessment even
though I am trying to challenge the merits to there justification of my custody and justification for the aforesaid medical procedure or process.
[138] It is as though there is a want or a need for me to have a preordained, undisclosed, unjustified, and unarticulated psychological mental state assessment; they are pushing with overwhelming force as-though though the aforesaid is “the best thing since slice bread”.
[139] I choose to wait patiently for the Appeal Tribunalʼs fair Hearing on the matter of
mental illness, mental state, and the merits of the legal, medical, and moral justification
of FORM1.. In short, I need the Appeal Tribunalʼs fair Hearing and adjudication on the
matter of mental illness or lack thereof?
[140] The WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, must alsowait patiently on the appeal hearing and adjudication of the Appeal Tribunal and stop harassing me.
[141] Day-12 of my custody and self-imposed hunger-strike as a political prisoner.
On Tuesday the 06th of September 2011, at or about 7:30 A.M.. The warning or caution
sign on isolation room N.1.117, two door away from me on the left hand-side, was removed.To say again, the warning or caution sign on Brantʼs door was removed.
However, Brant spent the afternoon and evening outside yesterday mainly in the
TV room.
[142] It is very good news that Brant has been cleared of MRSA contamination, and it
is very good news for the rest of us, in light of all the brazen violation of what was supposed to be a responsible isolation of Brant in room N.1.117 for possible exposer to
MRSA. I guess I donʼt have to concern myself with the said irresponsible violation anymore.
[143] On Saturday the 27th of August 2011, at or about 7:30 A.M., Dr. Koczerginski
(2nd time) came to engage me in conversation in the Acute Mental Health Unit. I immediately informed the said Doctors, that I have not spoken to a lawyer to act as my
advocate and advise me. Furthermore, I informed Dr. Koczerginski that he was a person in authority and his words carry great weight in society at large and in the judicial
tem, so I would not be having uninformed conversations with him or making uninformed
decisions without my lawyer. I advised Dr. Koczerginski that they were in violation of my
Section 10 and Section 7. Charter of Rights. Moreover, Article 14 of THE INTERNATIONAL COVENANT OF CIVIL AND POLITICAL RIGHTS, demand that a lawyer be provided and pay for by the state if a citizen cannot pay for one.
[144] This is the minimum legal Rights prescribed by the said covenant, to which the
Federal and Provincial Governments or signatures. I boldly declared, I need my Lawyer
to make informed decisions! And that was the end of the conversation.
[145] On Saturday the 27th of August 2011, at or about 7:30 A.M., after I spoke with
Dr. Koczerginski (2nd time), the 2nd Nurse came to engage me in conversation in the
Acute Mental Health Unit. The said 2nd Nurse asked if it would be okay to speak with
Dr. Koczerginski if she was present as a witness. I answer the same nurse in the negative, and informed her that I need my lawyer to make informed decision, and have informed conversations. She inferred that this was not a requirement of FORM 1..
[146] Moreover, all the relevant medical staff of WILLIAM OSLER HEALTH CENTRE,
Brampton Civic Hospital, have been advising me that a lawyer is not a requirement for
FORM 1.. Later on that morning, the same 2nd Nurse asked me for the location of
FORM 42. I advised the said 2nd Nurse that if she did-not know a lawyer is a requirement for FORM 1., then why is she asking me for FORM 42.? She obviously knows or aught to have known byway of FORM 42, that a lawyer was a requirement for FORM 1., this was the first time I saw a FORM 42. and I was able to figure this out without anyone showing me the same form, but instead covertly tossing it on the bed.
[147] I told the same nurse that I was not going to reveal its location. FORM 42. states;
“The application is sufficient authority to hold you in custody in this
hospital for up to 72 hours.
you have the right to retain and instruct a lawyer without delay.”
[148] MENTAL INTENSIVE CARE UNIT:
On Saturday the 27th of August 2011, by Dr. Koczerginski, to WILLIAM OSLER
HEALTH CENTRE, Brampton Civic Hospital, Mental Health Intensive Care Unit. I
was admitted through regular admission and I advised the intake Hospital Staff (3 workers), that I was a political prisoner who is here against my will and I am on hunger strike until I leave this facility that has me in unjust custody. Furthermore, I advised the same Staff that I was being held in contravention of Section 10. and Section 7. and I have not been informed of my Rights nor given access to a lawyer. Therefore, I will not have uninformed conversation with anyone in authority nor make uninformed decision without my lawyer.
[149] On the morning of Saturday the 27th of August 2011, Dr. Ohene-Darkoh came to
engage me in uninformed conversation for the 1st time in my room (N.1.121). I informed
him that I will not speak to a person in authority without my lawyer. Furthermore, I have
not been informed of my Rights nor have I been given the opportunity to obtain council;
which would advise me in making informed decisions and having informed conversations. Moreover, the one responsible for my custody are in contravention of Section 10. and section 7. of the Charter of Rights. In addition to the afore said, Article 14 of The International Covenant of Civil and Political Rights, demands that a lawyer be provided to citizens and be payed for by the State if the said citizen cannot afford one.
[150] He said I am on a FORM 1., which has never been disclosed to me; it is a
secret document, and as far as I am concerned a phantom document used to
condemn me to unjust and immoral custody without due process or the application of my Rights being administered to. I told him in a bold voice with clear and direct language, that I need my lawyer and that was the end of the conversation.
[151] Day-4 of my custody and self-imposed hunger-strike as a political prisoner.
On Monday the 29th of August 2011 at or about 4:30 P.M. , Dr. Koczerginski came to
to engage me in uninformed conversation in my room(N.1.121) for the 3rd time. I informed Dr. Koczerginski for the 2nd time, that I will not be speaking to him a person in
authority until I have a Lawyer present, so that I may make informed decisions and participate in informed discussions. I affirmed in a strong and direct voice that I need my
lawyer.
[152] Dr. Koczerginski, left my room and came back a short time later and advised me
that he has put me on a FORM 3, so that I may have a lawyer and a Rights councilor
would attend later to speak to me. He also left me a certified copy of a FORM 30.
Which states as follows;
“This is to inform you that you are being detained under the authority of a
Certificate of involuntary Admission (FORM 3)...
I completed this certificate on Aug 29, 2011...
I am of the opinion that
a) you are suffering from mental disorder of a nature or quality that likely
will result in,
✓serious physical impairment of you, unless you remain in the custody
of a psychiatric facility;
{...}
If you wish to challenge your detention, you have the right to a hearing before
the Board. You may apply for a hearing by completing FORM 16(attached).
date: August 29, 2011 ! signature of... physician: Dr. Koczerginski
After you receive this notice, a person called a “rights adviser” will meet
with you to inform you as to your rights and help you in applying for a
hearing if that is what you wish to do. You have the right to retain and instruct
a lawyer without delay.”
[153] ACCESS TO PHONE/ACCESS TO JUSTICE/OR SYSTEMIC RACISM:
On Tuesday the 6th of September 2011, at some unspecified time in the afternoon, I
called LEGAL AID ONTARIO to make a legal aid application with respect to the SOCIAL
BENEFIT TRIBUNAL APPEAL HEARING, which I have pending on November 30, 2011.
[154] Legal Aid Ontario Informed me that I would have to speak to a specialist and that I
would have to wait a long time. LEGAL AID ONTARIO, did not say how long I would
have to wait.
[155] I concede that I was waiting on the phone for a long time. However, this is the only way or method the WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, and its medical staff allows me to conduct essential business or necessary things needed to return my life back to normalcy.
[156] Mrs Janie (Brantʼs and Chrisʼs nurse) said in clear distinct language to my person
after I advised her of whom I was on hold for and for what reasons;
“I donʼt care what you are on the phone for!”
Inferring that I should get off the phone because there or other people waiting to use it.
It is the WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, policy to
threat each other with respect.
[157] It should be noted that I allowed nurse Janie to listen on the phone to establish
that LEGAL AID ONTARIO, did indeed have me on hold.
[158] Like I said, this was an extremely important application to LEGAL AID ONTARIO,
which I informed Nurse Janie and her superior Mrs. Hamilton, the nurse in charge.
[159] It should be noted that I am a Black patient or African Canadian patient or whateverI am to be labeled. Contrastly, Mrs Hamilton(nurse in-charge) is Caucasian, Nurse Janie is Caucasian, and the other patients waiting for the phone are all Caucasian.
[160] TAKE NOTICE: The is another Bell pay-phone located in the other lunch room on the other side of the U or “MORE INTENSIVE CARE UNIT”, which was not checked if it was being used before openly kicking me off the phone without any regard for the importance of my Legal Aid Application, while impeding me or denying me the right to
make a LEGAL AID APPLICATION for the pending November, 30, 2011, Social Benefit
Tribunal Hearing.
[161] There is also a courtesy phone which was not in use or checked for being in use.
Patient use the courtesy phone all the time, me included. I used the same courtesy
phone the night before to receive a call, so I know it is fully functional. I try not to abuse
the privilege, so if I have a 1800-tole free number I use the Bell pay phone.
[162] Because LEGAL AID ONTARIO HAS A 1-800 tole free number and the wait time
and time required to make a legal Aid Application, I chose to use the Bell pay phone, so
I would not need to tie up the courtesy phone.
[163] On Tuesday the 6th of September 2011, at or about 2:00 P.M., without checking
the availability or status of the other Bell pay phone or the courtesy phone Nurse Janie,
whom articulated;
“I donʼt care what you are on the phone for!”
[164] Mrs. Hamilton (nurse in charge), concluded that I, Wayne Ferron must relinquish
the phone in question immediately without the completion of my LEGAL AID BUSINESS; which I promptly did at the said nurses insistences, because I Wayne Ferron is under their carriage and control vicariously through the custody affirmed by Dr. Koczerginski on Aug 29, 2011 on a FORM 3.; thereby losing the opportunity and wasting time to make my legal Aid Application for the SOCIAL BENEFIT TRIBUNAL.
[165] On Tuesday the 6th of September 2011, at or about 2:30 P.M., I asked for a copy
of the legal papers, WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital,
and its relevant medical staff demand that I sign in order to be released from custody.
Remember that I am a prisoner, I am in custody against my will and there is to be a fair
and equitable Appeal Hearing before an Impartial Tribunal to determine the merits of my
custody and reasonable justification for a psychiatric assessment pending the same court’s ruling.
[166] Day-12 of my custody and self-imposed hunger-strike as a political prisoner.
Maria from room N.1.113 came by to give me $0.05 for penances while I was writing
this. On many occasions, she and I have spoken about her wanting to visit
Sarah(her youngest daughter), her Church, and her Priest who is no longer at her
Church before being admitted to the Mental Intensive Care unit at Brampton Civic Hospital. She often times ask me to phone her daughter for her and she constantly sequentially goes through her memory; it is as though she knows she knows her memory is degrading so she is constantly checking it and affirming it. She is always one day behind the societies general excepted date; sometime two day behind the standard date, but mostly one day.
[167] I don,t understand why she could not resolve her three important issues before
being placed in a the mental intensive care unit. She requested a hug from me when I
was leaving; I hugged her , wish her well and said goodbye. She is a retired nurse and
only desire the comfort and love of her family as she slowly loses full functionality and
independence. As a society, we are collectively committing a crime when we actively
prevent a member of our community who has served use so honourable from enjoying
their retirement years or last years or whatever the case maybe.
[168] She was one of the person waiting for the phone. She usually gives money when
she believes she has committed a sin. I have witnessed her doing it on many occasions.
Her religious affiliation, I reasonable believe is Roman Catholic. She probable recognized that an injustice has been done against me, so she gave me $0.05 for penances and said she was sorry. I ofcourse donʼt blame her or bear any ill feelings towards such a sweet Italian lady. It is the principle of the matter which I am concern with. I accepted her noble gift and reassured her that all was well between use.
[169] UNREASONABLE THREAT/OR SYSTEMIC RACISM:
Tuesday the 06th of September 2011.
About one week earlier on Wednesday the 31st of August 2011, at about 9:00 A:M;
I politely requested from the nurse receptionist who is located in the nurses station at
the section directly across form room N.1.117, for pen and some paper to construct a
legal document for my Rights Advisor. She replied by stating boldly in a slightly elevated
voice;
“get this guy away from me! Who is your nurse?”
[170] I moved to the adjacent side of the nurses station that is perpendicular to room
N.1.125 and requested from my nurse a pen and some paper to construct a legal
document (consignment), for my so called Rights Counselor (Pat Brar). While I was being given 1/2(half) a sheet of copy paper like a kindergarden child and a very small pencil, I advised the staff that the requested pen and paper was need to construct a legal document, and is not possible in pencil for obvious reasons.
[171] I was denied a pen! I asked my nurse why I was refused a pen; Mrs Hamilton
(nurse in charge) informed me in clear precise direct language that it was against the
policy of the Hospital. I countered by politely requesting in clear precise direct language,
to disclose a copy of the said policy which states that patients are not allowed to have
pens, to my person. She responded boldly with a shameless slighter higher and directed elevated voice;
“The policy is not for you.” or “The policy is not for your eyes.”
[172] I politely asked Mrs. Hamilton in a soft calm clear and direct voice to disclose her
name and please spell it. She disclosed her name, but refused to spell it a second time.
[173] Since Mrs. Hamilton, the nurse in-charge refused to disclose the Hospital Official
Documented Policy on pens; I decided to test the fairness of the process a little, so I politely asked Mrs. Hamilton if I may leave to purchase pen and paper. There was no answer from the nurse in-charge, instead she commanded me to go back to my room before she put me in the “MORE INTENSIVE CARE” section of the MENTAL INTENSIVE CARE UNIT.
[174] On Wednesday the 31st of August 2011, at about 9:00 A:M; while I was across
the hall from room N.1.125 and at the nurses station, recording notes of the occurrence
to insure I got the facts accurate. Mrs. Hamilton instructed me in clear and directed
language, to leave, depart, get out of here or something to that effect or else she would
have me placed on the “OTHER SIDE.”
[175] Whatever place me on the “OTHER SIDE” may mean? As for as I am concern,
the aforesaid was a threat which runs contrary to Section 264.1 of the Criminal Code of
Canada without legal, moral, or reasonable medical professional justification. Furthermore, it is against the policy of WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, which is clearly posted in the lunch room and states;
************** hospital policy-still have not received it ****************
[176] I Wayne Ferron, reasonable believe that the “OTHER SIDE” is the right part of
the U, the “MORE INTENSIVE CARE” of the MENTAL INTENSIVE CARE UNIT of
WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, where I hear constant, ceaseless load screams, random riveting banging on the doors, and loud unending foul language.
[177] In addition to this, some of the patients on “THE OTHER SIDE” were locked in
their rooms like a prison cell for length of period of time which I do-not know. This situation got better as time progressed, but it was more the case at the beginning of my ordeal.
[178] The aforesaid, would be my fate , if I continue to ask the nurse in charge (Mrs
Hamilton), for a copy of the undisclosed Hospital Policy concerning pens, or if I humbly
request for her to spell her name, or if I humbly request to go and purchase pens and
some paper on my own accord; since I was not being provided these necessary tools to
conduct my present Hospital Custody business, or my on going legal matters and personal business outside of the Hospital which the unjust Hospital custody is damaging. In essence, the said requested tools are necessary tool in todays modern society for affectively administering to matters placed before a member of Canadian society.
[179] One must remember that I am essentially in prison; I am isolated from society at
large, I am in custody and can access the outside world for help only by Bell pay-phone
via 1 800 toll free numbers and challenge my unjust custody by written articulation;
since there is a want of due process and application of my rights was not being duly
administered to.
[180] It is my reasonable belief and personal opinion that, initial treatment in the mental
care unit at the WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, is
drugs, isolation and dependency. In custody, isolation from society at large is strictly enforced; so it is very difficult to seek help if you are in an unjust and immoral situation.
The enforced isolation castrate ones ability for self help and steals ones independence.
[181] This creates a dependence on the medical staff for any and every thing. Furthermore, you undergo a drug treatment before being graduated to a much better part of the mental illness section of the hospital I heard; with exercise machines and nicer treatments. I have witness patients who did nothing but sleep and eat for many days. For example a black lady who was in room N.1.123 who though that many men was after her with knifes chasing her down the street. I was constantly being asked if I need something to sleep by the medical staff and if I slept well.
[182] I am a person who can sleep sitting down, laying down on a thin board, probably
even in a three. In essence I have no problems sleeping, never have and hopefully
never will. As for as I am concern for people unluckily enough to be in my position
of unjust custody or more accurately in prison in a mental intensive care unit;
drugs numb your feelings, drugs numb your senses, drugs numb reality and
drugs inhibit the efficiency of the cognitive process or even impedes cognitive
ability; so how is one suppose to formulate a solution if I cannot feel or sense
the reality of ones problems? How are you suppose to help yourself? How?
[183] In my opinion, when the afore said is concatenated, you have a pitiful, disarmed
and ineffective member of Canadian society. It make no difference if your cause is noble, if your prayer for relief is just; you will get no understanding or empathy, for you
have already been effectively objectified and placed in an abstract psychiatric container
for the mentally diseased individual who do not have the same Rights and Freedoms as
other members of society at large.
[184] Mariaʼ roommate is Christina or she is more commonly known as Chris. She came
to Brampton Civic Hospital or was admitted to WILLIAM OSLER HEALTH CENTRE,
Brampton Civic Hospital, Friday the 26th of August 2011, in handcuffs. for trying to
cut open the lower front legs close to the front of her ankles.
[185] Christ came to the MENTAL INTENSIVE CARE UNIT, where I was located on
Monday the 5th of September 2011, she was admitted to room N.1.113 the same room
as Maria.
[186] Chris informed me that the other mental section she came from was much nicer
and nurse Janie seemed to be her nurse.
[187] FAIRNESS/UNIFORMITY AND EQUITY:
On the Tuesday the 06th of September 201, Chris spent the morning and after noon
making a lot of noise and disturbances. The following is some of the things she was doing and screaming;
“I want to go home!”
“This is bullshit!!”
“Give me the papers, I will sign it and go home!”
“Let me out of here!!!”
“Give me, my stuff, I will get out of here!”
“They are stupid, they donʼt know what they are doing!!!”
“I came here last friday in handcuffs!!”
“Put them all in Jail!”
“Let me out of here!!!”
“am I going home or not!!”
“I want to talk to Frank.”
[188] The staff is extremely tolerant of Caucasian patients. Chris nurse(Janie) reaction
was to say to Chris in a soft sweet voice;
“Donʼt make so much noise, you will disturb the other patients.”
[189] It would be interesting to know the statistics on the percentage of minorities to
Caucasian from the much nicer section of mental health were Chris came from; compared to the statistics on the percentage of minorities to Caucasian in the MENTAL INTENSIVE UNIT, I am staying in?
[190] Similarly, in room N.1.123 was a young Caucasian patient in about his twenties
are close to it. He wore expensive clothes and disclosed that his pajama pants cost
$200.00. The said pants were blue with flowers and look like silk or satin fabric. In addition he had a small freezer bag full of coins for the phone.
[191] He was not violent, but he was extremely loud and disrespectful to the nurses. He
would say things out loud to the nurses which I didn't write done because of the extreme
vulgarity and explicit pornographic nature. I had to speak to him personally on three occasion not to be so rude to the nurses or else they would put him on the “OTHER
SIDE” and confine you to your room by locking you in from the outside. His famous
words was;
“You think you are smart! But I am smart too! I have all the time in the worlds!”.
He was never transfered to “OTHER SIDE” ofcourse, he was just ignored.
[192] Similarly, in room N.1.115 I believe but I could be wrong on this point; there was a
young 18 or 19 year old Caucasian patient of orthodox Jewish origin. His father according to him was a drug dealer and was brutally killed when he was three years old. He believed that their was many people chasing him and trying to kill him. So he was
placed under arrest by and off duty Police Officer byway of citizen arrest while going
through backyards to escape eminent pursuit. So he checked himself in to the Mental
Intensive Care unit at the Hospital for fear of personal harm to self. I donʼt know if any of
this is true, but this is the information he disclosed to me while talking in the TV room.
He enjoyed talking to me and wrongly though that I was 30 years old and use to work
with him.
[193] The patient spoken about in para [209], was not violent as far as I know. But he
was very loud and rude to the nurses judging by the names he use to call them while
yelling at them. He would do this regularly. I spoke to him on two occasion not to be so
rude to the nurses, because these type of things get back to your Doctor who is the one
who determines wether you should be released or not. He was also rude to his mother
on the phone in the same manner. Maybe it was just older woman in general, because
he was quite pleasant and respectful to me. This said patient was never transfered to
the “OTHER SIDE” ofcourse, he was just ignored.
[194] Contrastly, I was polite to the nurses. I was firm on the issue of due process and
having the application of my rights duly administered to. But I was always respectful in
manner and language used with the Hospital Staff.
[195] Recall that I asked for the Hospital Policy to be disclosed to me and Mrs. Hamilton(nurse in charge) shameless reaction was to tell me that the said policy was not for me and to threaten to confine my person to the “OTHER SIDE” where you hear
screams and ranting such as Chris has been doing all morning and afternoon.
[196] Sometimes the things go so childish and ridiculous. There is a checkers board in
the lunch room, which I would use to press on like a clip board to help me in taking
notes when I was using the phone. I was always careful to return it back to the top of
the fridge in the lunch room when finished with it, everyone saw me using it. One day I
went to retrieve it to use it while taking some notes while using the phone. It was not at
its usually location.
[197] When looking for it I found it tucked in a corner in the nurses station, and not being utilized. I was not looking for it in the nurses station, but the defibrillating machine
caught my eyes because electronics and technology is an interest of mine; the checkers
board was tucked away closed to the defibrillating machine in a corner on top of some
unknown materials. I explain to my nurse what I just said above and commented that it
was very childish to deny me the use of the checkers board in this manner. She said no
comment.
[198] Day-13 of my custody and self-imposed hunger-strike as a political prisoner.
On the Tuesday the 07th of September 2011, at about 9:00 A.M., I asked my
nurse(Mona) if I could use the courtesy phone. She said yes and to go to the “OTHER
SIDE”, where the phone is located. I need to speak to my lawyer who had never seen
me nor speak to me personally or electronically about the Appeal Hearing byway of
FORM3. In addition, I also needed make a LEGAL AID APPLICATION for my SOCIAL
BENEFIT TRIBUNAL HEARING on November 30, 2011.
[199] Remember the day before on September 6, 2011, nurse Janie and Mrs. Hamilton
had prevented me from completing my LEGAL AID ONTARIO call to make a legal aid
application.
[200] LIE/DENIAL OF DUE PROCESS/DENIAL OF FAIR APPEAL HEARING:
While I was speaking to my nurse and making arrangement to use the WILLIAM OSLER HEALTH CENTRE, Brampton Civic Hospital, MENTAL INTENSIVE CARE courtesy phone; Mrs. Hamilton who was listening to the said conversation promptly interjected and stated that the Courtesy pHone on the “ OTHER SIDE” is not working. I knew this was a lie, or false information, because I had used the phone in question on the night before to receive an outside call.
[201] I informed Mrs. Hamilton and my nurse(Mona) in clear distinct direct language,
that the phone was working , because I had used it the night before to receive a call.
[202] Mrs. Hamilton(nurse in charge), changed her statement to say that patients or
not allowed to use the said Courtesy Phone anymore. She did not offer a reason
why?
[203] I countered by saying, then say patients or not allowed to use the Courtesy Phone
instead of the Courtesy Phone is not working.
[204] I went to the pay phone to call the Rights Advisor, the Rights Advisor Office Informed me that they could put me through to my lawyer Dʼarcy Hiltz, this is the 1st Time I have been advised that this was even possible by the PSYCHIATRIC PATIENT ADVOCATE OFFICE or the RIGHTS ADVISOR(Pat Brar), after all this time and my many calls to the Rights Advisor.
[205] Councilor Dʼarcy Hiltz assistant answered the phone. Mr./Ms. Dʼarcy Hiltz did not
have the common decency to inform his/her client (Wayne Ferron), that the Appeal
Hearing challenging FORM3. and the merits of a psychological assessment was canceled. Mr./Mrs. Dʼarcy Hiltz assistant gave me this news on the phone when I called.
[206] I, have never met Mr./Ms. Dʼarcy Hiltz my lawyer. I have never sat down and
talked to Mr./Ms. Dʼarcy Hiltz my lawyer. Mr./Ms. Dʼarcy Hiltz has never came to the
Hospital to see me and take any statement from me or produce an Affidavit or hear my
side of the story.
[207] Not even on the phone, has my lawyer spoke to me. My lawyer Mr./Ms. Dʼarcy
Hiltz, is a phantom retained by the RIGHTS ADVISOR Pat Brar who has refused to disclose legal Aid Ontario list of Tribunal Lawyers to me. I donʼt even know if my lawyer is male or female.
[208] So the Appeal Tribunal Hearing against FORM3. was canceled without notice, without Due process or the application of my rights being duly administered to. I have not spoken to a lawyer nor had the chance to speak to a lawyer even though I had been given a phantom lawyer by the RIGHTS ADVISOR, who does not speak to his client personally or give his/her client the opportunity to instruct him/her.
[209] I do not have a lawyer to go over and review the necessary legal documents the
hospital require me to sign or to be released from custody.
[210] I am left alone, without due process, without a lawyer who would speak to
me personally; still in custody undergoing psychological assessment and without
rights or the application of my Rights and Freedom being duly administered to in
accordance with the supreme law of Canada. I am abandon to the mercy of the
will of the Peel Regional Police working vicariously through the Doctors who donot seem to be acting independently in retaining me in unjust custody. Like I said, I am a political prisoner.
[211] REASONS FOR BEING HELD IN CUSTODY:
I am a political prisoner for daring to challenge and question the fairness, equity, and
justness of the Judicial system. I have been placed here, so the law enforcement(public
servant), are given the ability to circumvent my Rights(along with other Canadians
Rights) byway of placing me in a mental institution.
[212] This said improper action is in contravention of Section 10, Section 7 of the
Charter; Section 1. of the Human Rights Act; Article 14 of The International Covenant
of Civil and Political Rights, and in contravention of the implied covenant of duty of care
not to do harm to someone in your care whom you have carriage and control over.
[213] I am being held for the purpose of declaring me and other Canadians like me as
mentally Incompetent, for the purpose of ripping my guarantee rights and freedoms
away, or state and the police can claim victory in the courts for actionable wrongs they
cannot hope to win in open court, in a fair hearing, and before an impartial tribunal
[214] The Police Officers (Public Servants) Brutalize me, lied to me, deceived me,
scared the crap out of me, and traumatize me; it is on this basis, on this foundation and
within this atmosphere I have been profiled as a violent psychotic mentally disease person, a danger to society, a danger to myself and threatening the health and wellbeing of others.
[215] So the law enforcement proceed vicariously through Doctors and Brampton Form
1. to give you a psychiatric assessment to manufacture our mental profile or Brand you
as mentally Incompetent, thereby erasing all your Rights and freedom within this society. The ones in position of public authority should know or aught to have known that the aforementioned apparent actions is more inline with the actions of a Police State and a crime against society at large.
[216] Back at 2500 Cawthra Shelter - medical release forms is a requirement to be
intake into shelter.
[217] asked to leave shelter in no unreasonable term
________________________
Wayne Ferron
CITATIONS:
--------------------------------------------------------------------------------------------------------------------
Pursuant to JAMES L. WILKINS;
“The inexperienced defendant, whether indigent or able to afford
counsel of his own choosing, is often completely ignorant of his
rights as an accused person; or, if aware of them, is so unnerved by
the proceedings as to be unable to avail himself of them; is wholly
unable to understand the situation in which he finds himself; and
therefore is most in need of the protection of his legal rights. He
finds himself standing, at the moment, alone and unarmed, under
conditions totally foreign to him, the strength of his opponents not fully
known, but apparently sufficient to justify the issuance of a challenge in
which his life or his liberty shall be at stake. Remembering that our hypothetical
defendant is innocent, and that all defendants are innocent until
proven guilty beyond a reasonable doubt, can the prosecuting attorney do
other than guarantee that no unfair advantage shall be taken of his opponent,
by providing him at the earliest opportunity with an advocate capable
of arming himself as the state is armed preparatory to the encounter? 17
“In line with the positions taken by the Ouimet Report of the Canadian
Committee on Corrections, Martin states I am in complete agreement
that in order to fully achieve its purpose, Legal Aid must be such as
to remove, so far as it is possible to do so, just cause for bitterness
on the part of an accused because of inadequate representation or
none at all.'18
{...}
Finally, the cases disposed in provincial judges' courts are predominantly
those of the poor. The reasons why the poor often go unrepresented
have been suggested to include the following: ignorance of what
services could be provided; ignorance as to the significance of a criminal
record; concern that they may lose income from time taken off work, or
even that they may lose their jobs; distrust, degradation, and fear often
associated in their minds with welfare officers, and the quite conceivable
extension of these feelings towards the lawyers associated with 'the system';
concern that a lawyer may only serve to complicate, and perhaps
worsen, their position; worry that they may be asked or compelled to contribute
to the cost of representation; the mere fact that the lawyer is associated
with the criminal justice system, which may be perceived to be their
oppressor. “
(JAMES L. WILKINS, LEGAL AID IN THE CRIMINAL COURTS, START PAGE 50)
The Honorable Chief Justice R. Roy McMurtry, asserts the importance of LEGAL AID to society at large in her following articulation upon the opening of the courts of the
COURTS OF ONTARIO for 2006;
“We live in a highly sophisticated society with a highly developed sense of
the need for positive intervention to protect the basic rights and freedoms
of the disadvantaged, and to ensure continuing access to the
rights and freedoms which we proclaim as fundamental to a civil,
humane and just society. It is a sad reality that we have not only too
much poverty in this province, but as well too little understanding of the
desperate straits poverty creates for so many people. The hardening of
attitudes about poverty in recent years is Something that all of us with access
to public opinion must struggle to counter.
Legal aid is perhaps the single most important mechanism we have
to turn the dream of equal rights into a reality.”
MEMORANDUM OF ARGUMENTS, Pursuant to Section 109 of the Court of Justice Act; Rule 14 and
Rule 27 of Criminal Proceedings (Chief Justice R. Roy McMurtry, UPON THE OPENING OF THE COURTS OF
ONTARIO FOR 2006,
http://www.ontariocourts.on.ca/coa/http://www.ontariocourts.on.ca/coa/en/archives/ocs/2006.htm
Pursuant to Eugene Cerruti, Professor of Law at Newyork Law School;
“In the earliest stages of the common law trial system the accused was not
permitted to present much in the way of an actual forensic defense to the
charges. When the accused did finally gain permission to present such a
defense he was not permitted to be represented by counsel, to call witnesses
or even testify under oath in his own behalf. He was permitted only
to appear personally at trial and to provide direct responses to the evidence
offered against him. “In short, the defendant's position was one
of standing alone without counsel, books, the means of procuring
evidence or the right to offer evidence which he did possess.”8 The
purpose of self- representation was to promote self-incrimination.9 Selfrepresentation
began, in other words, as the default position that resulted
from the denial of any other right of fair trial or representation.”
(SELF-REPRESENTATION IN THE INTERNATIONAL ARENA: REMOVING A FALSE
RIGHT OF SPECTACLE, UGENE CERRUTI)
The Honorable Chief Justice R. Roy McMurtry, asserts the importance of LEGAL
AID to society at large in her following articulation upon the opening of the courts of the
COURTS OF ONTARIO for 2006;
“LEGAL AID
I would like to take a few moments to talk about
legal aid as it is of course a most important foundation stone of a
humane and just society. The basic purpose of legal aid is to serve
the public by enabling each of its members to have access to the
kind of legal assistance that is essential for the understanding and
assertion of our individual rights, obligation and freedoms under the
law. We live in a highly sophisticated society with a highly developed
sense of the need for positive intervention to protect the basic rights
and freedoms of the disadvantaged, and to ensure continuing access
to the rights and freedoms which we proclaim as fundamental to a
civil, humane and just society. It is a sad reality that we have not only
too much poverty in this province, but as well too little understanding
of the desperate straits poverty creates for so many people. The
hardening of attitudes about poverty in recent years is Something
that all of us with access to public opinion must struggle to counter.
Legal aid is perhaps the single most important mechanism we have
to turn the dream of equal rights into a reality. Indeed, our laws and
freedoms will only be as strong as the protection that they afford to the
most vulnerable Members of our community. In affording this protection,
legal aid does make a deep and essential contribution to our social fabric
and indeed to our very way of life. I know of the strong commitment of Attorney
General Bryant to ensuring that Legal Aid Ontario is adequately
funded and I wish him every success in his continuing dialogue with his
cabinet colleagues. The concept of legal aid is, of course, directly linked to
the issue of access to justice generally. In this context, access to our civil
justice system is being increasingly restricted to the more affluent in our
society. This is reflected in what has been described as the phenomenon
of “the disappearing civil trial”.
(Chief Justice R. Roy McMurtry, UPON THE OPENING OF THE COURTS OF
ONTARIO FOR 2006,
http://www.ontariocourts.on.ca/coa/http://www.ontariocourts.on.ca/coa/en/archives/ocs/2006.htm
Pursuant to Quévillon c. R; Quévillon c. R. 2007 QCCQ 9246, presented by THE HONOURABLE JEAN ROY, in allowing motion for stay of proceedings or exclusion of evidence under ss. 7 and 24made the following findings;
“…That is not to say that no protection is afforded to the offender at the
sentencing stage. As Lamer C.J. points out, this Court held in R. v.
Gardiner, [1982] 2 S.C.R. 368, that the Crown must prove disputed facts
beyond a reasonable doubt during the sentencing hearing. However, in
determining what facts are admissible at the sentencing stage, Gardiner
reaffirmed the widely accepted principle that judges should have in dangerous
offender proceedings brought against him. Second, he argues that
the accused access to the fullest possible information concerning the
background of the accused. As Dickson J. stated, at p. 414:
It is a commonplace that the strict rules which govern at trial do not
apply at a sentencing hearing and it would be undesirable to have
the formalities and technicalities characteristic of the normal adversary
proceeding prevail. The hearsay rule does not govern the sentencing
hearing. Hearsay evidence may be accepted where found to
be credible and trustworthy. The judge traditionally has had wide
latitude as to the sources and types of evidence upon which to base
his sentence. He must have the fullest possible information concerning
the background of the accused if he is to fit the sentence to
the offender rather than to the crime. [Emphasis added.]
Where there is psychiatric evidence legally obtained pursuant to an order
under s. 537(1)(b) relevant to assessing the extent of his dangerousness,
this evidence should be admitted at the sentencing stage. Section 7 pro-
tection does not disappear on sentencing. Nonetheless, it does not extend
to a denial of critical evaluative evidence from psychiatrists legally
gained at the pre-trial evaluation that may show whether the offender
could qualify as a dangerous offender. Once in the sentencing realm, the
needs of society must be given greater weight. This may not appear ideal
from the perspective of the offender. However, as Lamer C.J. noted in R.
v. Lippé, [1991] 2 S.C.R. 114, at p. 142: "... the Constitution does not always
guarantee the `ideal'". Nor, as La Forest J. pointed out in Lyons, at
p. 362, does s. 7 entitle the accused to "the most favourable procedures that
could possibly be imagined". B.
Section 10(b) Before the Court of Appeal, counsel for the appellant
raised the additional argument that the appellant's s. 10(b) rights
were violated in two ways during the psychiatric examinations.
First, the warning given to the accused by the doctors failed to outline
the true extent of his jeopardy given the possibility that his
statements might be used should have been given a second opportunity
to exercise his right to counsel once it appeared that the focus
of the examination was shifting to determining whether or not he was
dangerous.
(i) Definition
The principle against self-incrimination, in its broadest form, can be
expressed in the following manner:
...the individual is sovereign and ... proper rules of battle between
government and individual require that the individual ... not be conscripted
by his opponent to defeat himself....
(Wigmore on Evidence, vol. 8 (McNaughton rev. 1961), § 2251, at p. 318.)
Or, put another way, nemo tenetur seipsum accusare and nemo tenetur
seipsum prodere and nemo tenetur armare adversarum contra se -- no
one shall be required to accuse or betray or arm his enemy against
himself.
Any state action that coerces an individual to furnish evidence
against him or herself in a proceeding in which the individual and the
state are adversaries violates the principle against self-incrimination.
Coercion, it should be noted, means the denial of free and informed
consent.
(ii) Rationale
The modern-day rationale for the principle against self-incrimination is
found in the two fundamental purposes for the principle that have been
recognized by this Court:
(1) protection against unreliable confessions; and
(2) protection against the abuse of power by the state.
Wilson J., dissenting, elaborated on the latter purpose in Thomson Newspapers,
supra, at p. 480:
Having reviewed the historical origins of the rights against
compellability and self-incrimination and the policy justifications advanced
in favour of their retention in more modern times,
I conclude that their preservation is prompted by a concern that the
privacy and personal autonomy and dignity of the individual be respected
by the state.
The state must have some justification for interfering
with the individual and cannot rely on the individual to produce
the justification out of his own mouth.
Were it otherwise, our justice system would be on a
slippery slope towards the creation of a
police state. Concern about the abuse of state power is at the
heart of the principle against self- incrimination.
content of this rule were thoroughly canvassed in the reasons of
McLachlin J. in R. v. Hebert, supra, at pp. 165-73, and need not be reviewed
here. Suffice it to repeat McLachlin J.'s conclusion from p. 173
that:
... one of the themes running through the jurisprudence on confessions is
the idea that a person in the power of the state's criminal process has the
right to freely choose whether or not to make a statement to the police.
This idea is accompanied by a correlative concern with the repute
and integrity of the judicial process. This theme has not always been
ascendant.
Yet, its importance cannot be denied. It persists, both in Canadian
jurisprudence and in the rules governing the rights of suspects in
VICTIM IMPACT STATEMENT
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COMPLAINT AGAINST WILLIAM OSLEN HEALTH SYSTEMS, MEDICAL STAFF
other countries. The confessions rule was (and remains) clearly
grounded in the principle against self-incrimination.
[25] Also in Jones, supra,
the principle against self-incrimination is defined as “a general
organizing principle of criminal law”. It is an
assertion of the fundamental importance of
individual freedom:
...the individual is sovereign and ... proper rules of battle
between government and individual require that the individual
... not be conscripted by his opponent to defeat himself. 2
[26] In R. v. White,3 Iacobucci J. sets out the criteria for the principle
against self- incrimination. In paragraph 42, he also provides the best
definition of the principle formulated in Jones:
Any state action that coerces an individual to
furnish evidence against him- or herself in a
proceeding in which the individual and the
state are adversaries violates the principle
against self-incrimination. Coercion, it should be
noted, means the denial of free and informed consent.
(Emphasis added.)
[27] In determining the applicable burden of proof, Iacobucci J. notes that
the
accused who challenges the admissibility of evidence under the Canadian
Charter of Rights and Freedoms bears the burden of establishing
an infringement of his or her Charter rights.
He adds, however, that once a prima facie case has been made with
respect to an element of a Charter claim, it is up to the Crown to adduce
evidence to rebut that prima facie case if it wishes.”
(Quévillon c. R. 2007 QCCQ 9246, page 5 and 6)
Wayne Ferron
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