Wednesday, February 17, 2016
OUR JUDICIAL SYSTEM & POLITICS
One week from today I will be attending provincial Offences Court at 9 am in Kitchener. That is the date that the new outside, prosecuter is to make his appearance regarding my Municipal Election Act charges against mayor Shantz. Somewhat to my surprise I have received zero communications from this new prosecuter. That is surprising if indeed he is doing his/her due diligence prior to the court date. To date I've actually had all of one sitdown discussion with the former prosecuter, Mr. Andres. Now indeed I believe it was a very good discussion however it could not be described as all encompassing. Therefore assuming he passes along what information he has there is still considerably more that the new prosecuter likely is unaware of regarding this case.
There are a number of scenarios possible next Wednesday. The new prosecuter could schedule a date for a trial to begin. He could drop some charges and or add new ones. He could actually drop all ten Municipal Election Act (MEA) charges. Whatever his/her decision I hope that it will be taken with the greatest amount of knowledge and specifics of the case possible.
Returning to mayor Shantz and my understanding of her failure to abide by the conditions of her reinstatement by Justice David Broad (Superior Court), I am perplexed. While I have indicated here that there are both minor and major contraventions of the MEA that I am hoping Provincial Offences Court will address; her reinstatement to the mayor's chair that she had automatically forfeited last July is serious business. She automatically forfeited her position due to her failure to file an Audit with her Financial Statements as prescribed in the MEA.
Does Superior Court have some automatic jurisdiction if there is a complaint that the mayor has broken Justice Broad's conditions? Is a formal Motion/Appearance necessary to get the Court to enforce their own Judgement? Is there any way of getting Superior Court to take notice of what I feel is a fairly obvious breech of the Conditions laid down by Justice Broad? Or do our Courts make Decisions/Judgements with strings attached and yet absolutely no followup to ensure compliance?
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