Preamble Record Volume
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Fresh Amended February 2007 Court File ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: George A. Sheppard Applicant AND Her Majesty the Queen in Right of Canada Respondent PREAMBLE RECORD VOLUME “A” Address of Court House: 393 University Avenue, 10th Floor Toronto, Ontario M5G 1T3 FROM: George A. Sheppard 386 Davisville Avenue Toronto, Ontario M4S 1H5 Website: www.george-sheppard.com Fax: 416-483-9785 e-mail: [email protected] (Acting in Person) TO: The Federal Department of Justice 130 King Street West, 34th Floor Toronto, Ontario M5X 1K6 Phone: 416-973-0942 Fax: 416-973-3004 1 PREAMBLE: The Applicant would like, in advance, to thank all who gave their support to him and his family in their plight for justice. The Applicant guarantees that all who process the right credentials et al and who have taken time to submit a pro bono publico legal brief, pro or con, your legal briefs will become a part of this process by way of an attachment. Interveners, your payment may be conditional on the court’s granted orders. Upon reading the Applicant’s legal briefs, which are located on his website et al, www.george-sheppard.com, there will manifest itself the grounds that support a prima facia case of the existence of corruption by certain officers of the court, public servants, individuals, both crown and other corporations, who hereinafter are to be known collectively as “arrogant giants.” Members of the media! Maybe you do not know it, but the Applicant is alleging the existence of a smear-campaign, a conspiracy to discredit his credibility. During the swearing-in ceremony of His Worship Mel Lastman, former Mayor of Toronto, a gentleman with the purported same first and last name as the Applicant, and who could pass as his twin at that time, interrupted the proceedings, leaving others, including the Applicant’s mother and his family doctor to conclude it was the Applicant. Days later, as reported by the media, this gentleman was arrested by police. At the time of this occurrence, medical records will prove that the Applicant was present in his family doctor’s office. If you demand, police should confirm or deny same. All have a pivotal role to play in this Constitutional challenge to inform the public of the existence of this process for their pro or con support! Notwithstanding Charter 1. et al, there will manifest themselves grounds to demonstrably justify a Charter 52. (1) (2) (a) (b) 2 (c) 3. judge-and-jury trial. The Applicant verily believes that there exist grounds in rare cases where persons can prove that they been turned into nonentities et al, unlike Truscott, Marshall, Moran, and Mahar, to proceed exclusively under Charter 52. (1) (2) (a) (b) (c) (3). Mahar was lucky after he was afforded a public enquiry in January 2007. The media reported that Mahar sidestepped the judicial process, and through his rent-a-judge; his dispute was amicably settled, making the process contrary to Charter 15. (1), unless the Applicant et al is afforded the same treatment. In the past, persons who have been forced to act as a defendant and when the results turned out to be a miscarriage of justice through the misconduct of the public servants entrusted to ensure fairness, how do you stop these “arrogant giants?” This elitist system cannot and sometimes will not reverse themselves! The Applicant verily believes that the judicial system has to be accountable to the public. All officers of the court, judges, police, lawyers et al have, knowingly and willingly, taken part in turning the Applicant et al into a nonentity through varying degrees of corrupt practices in their dealings with him. These corrupt practices will manifest themselves in the following ways: – Contrary to Charter 9., police would arbitrarily the Applicant six times. – Contrary to Charter 24. (2) “Incompetent,” politically-appointed judges are prejudicial against the Applicant (suing their appointers), his own legal counsel, and particularly judges do not want to hear from anyone acting in person, a discriminatory practice, contrary to Charter 15. (1) and use court costs as punitive measures against anyone acting in person. The Applicant is attempting to empower all the rights of the poor. Unconstitutionally, the rights of the poor are dependent on the goodwill of others. Whoever manifests themselves – these ignorant, unlawful, moronic, drunk, psychopathic, cowardly, and power-drunk individuals – have to be made examples of as a warning to others who might further engage in subjecting any citizens to tyranny. Particularly, 3 citizens living in southern Ontario are not a part of a nation of laws, rather a nation of persons. With the right pedigree, the authorities will treat these individual as super human beings and being above the law. “Manifest Destiny” will determine your fate! The Applicant has been denied, in most cases, the right to obtain the names of all those who were parties to these criminal offences against him. Your actions and inactions are contrary to CC s. 19; accordingly, you will not be permitted the defence, “I was only following orders.” All take judicial notice, regardless of whether or not your name manifests itself throughout these documents, if you are parties to offences that have subjected the Applicant and his family to tyranny, you can and will be brought to justice by way of court order. Others will not fail! Specifically, you elected officials, you do not have to agree with the contents that have manifested itself throughout this process regarding the Applicant’s allegations of corruption in our judicial system, not limited to. However, you do have to support the Applicant’s guaranteed Constitutional Rights to proceed with this process. Accordingly, some of you may have committed indictable offences under the CC s. 122. Breach of trust by public officer. June 3, 1947 was the year that the Applicant was born. He is a husband, father of two adult children, and a grandfather. He is not a scholar, but he believes that his twenty- five years as a captain of industry should compensate for any lacking scholastics. Other eminent individuals have described him as a gentleman, and police profiling states, “He does not have a mean bone in his body.” Still others, in sworn affidavits, confirm his gentlemanly approach to life, and they support and confirm his belief that the pen is mightier than the sword. Others have made him into a nonentity, virtually denying him all of his Constitutional Rights, provoked and tested him daily on his freedom of speech and expression. These responsible cowards are aware of his tenacity and his righteous will, and he has sworn to bring these individuals to justice. 4 The Respondent, Her Majesty the Queen in Right of Canada/Ontario, has been granted certain Constitutional guarantees. One of her rights is that she may make rules and lawful orders under enacted legislation. She is not just a figurehead of state. Charter 15. (1) makes both of us equal before the law. As due process, the Applicant wrote to Her Majesty’s agents, the office of the Lieutenant Governor of Ontario. Her staff’s response to the Applicant’s concerns rises to the level of a high and serious degree of gross negligence. Among other things, Her Majesty through her agents refused to investigate the fact that the Applicant has been arbitrarily and falsely arrested and tortured by police six times et al. 1993 was the start of this dispute upon the approval and unlawful denial of the increased renewal of the Applicant’s mortgages with Canada Mortgage and Housing Corporation, a federal crown corporation and by law “lenders of last resort,” hereinafter known as CMHC. Certain immoral employees and their approved lenders ignored the Applicant’s lawful financial information. They unlawfully wrote false credit reports about the Applicant and spread same throughout the financial community. Upon learning about their error, they would, knowing and willingly, through their actions and inactions, subject the Applicant to Charter 12. treatment. Later, in an attempt to conceal their wilful misconduct, they would continue to write false credit reports to mislead the process. They conspired with police by using a criminal false pretence about their offer to help the Applicant. These vicious, hateful individuals took part in a criminal conspiracy to prosecute an innocent person, the Applicant, the start of being subjected to tyranny! The Applicant asked for a review of CMHC’s discriminatory decision, and he provided the correct financial information. Throughout the process, there will prove a repeated, unconstitutional, discriminatory practice, contrary to Charter 15. (1). Further, CMHC’s day-to-day practices as they apply to the Applicant’s rights et al under the Canadian Human Rights Act 1976 – 77, c. 33, s. 1., and as they are being applied to the Applicant and other self-employed by CMHC, are discriminatory. 5 To ensure fairness, the Applicant contacted both his MP, The Honourable David Collenette, and the Minister responsible for CMHC, at that time, The Honourable David Dingwall. As a last resort, the Applicant would demand his lawful rights under CHAPTER C 7, Directions 5. (2) The Corporation shall comply with any directions given to it from time to time by the Minister respecting the exercise or performance of its powers, duties and functions. The Applicant made telephone contact with the Minister responsible for CMHC. “In a telephone conversation between Ms. Donna Achimov of The Honourable David Dingwall's Office and the Applicant, Achimov reported to him that Dingwall