Provincial Court of British Columbia
Port Coquitlam – JCM
- Judge:
- Prosecutor: NG
- Counsel:
98702-2A: §143(3) BREACH OF RECOGNIZANCE
Count 1
Daniel John BERLADYN, on or about the 31st day of October, 2017, at or near Port Moody, in the Province of British Columbia, having been released pursuant to Section 515 of the Criminal Code, did fail to comply with a condition of an undertaking or recognizance by going within 1 block of Margaret Berladyn’s residence, contrary to Section 143(3) of the Criminal Code.
FXD – To Fix a Date – Used when a matter is adjourned for the purpose of setting a trial or hearing date.
SBD - Scheduled (Defence/Accused) - Used when an accused is scheduled by a Judicial Case Manager to another appearance as requested by the Defence/Accused.
98702-2A: §143(3) BREACH OF RECOGNIZANCE
Count 2
Daniel John BERLADYN, on or about the 31st day of October, 2017, at or near Port Moody, in the Province of British Columbia, having been released pursuant to Section 515 of the Criminal Code, did fail to comply with a condition of an undertaking or recognizance by having contact with Margaret Berladyn, contrary to Section 145(3) of the Criminal Code.
FXD – To Fix a Date – Used when a matter is adjourned for the purpose of setting a trial or hearing date.
SBD - Scheduled (Defence/Accused) - Used when an accused is scheduled by a Judicial Case Manager to another appearance as requested by the Defence/Accused.
98702-3C: §143(3) BREACH OF RECOGNIZANCE
FXD – To Fix a Date – Used when a matter is adjourned for the purpose of setting a trial or hearing date.
SBD - Scheduled (Defence/Accused) - Used when an accused is scheduled by a Judicial Case Manager to another appearance as requested by the Defence/Accused.
Court begins 10:36am. Adjourned from June 29th, 2018. The reason cited for administration purposes was that there was not enough time to deal with everything on the previous court appearance.
This page is incomplete and subject to modifications as all pages are.
The Judge opens by stating that when we were last together we had a discussion on using a Common Law Peace bond to resolve the Crown's concerns about restrictions and to absolve the Criminal Prosecution. The Judge continues on stating that the Courts stood down to give me a few days to sleep after an unfortunate night (of the Church I am sleeping in catching Fire) and then asks how I am doing. In reply, I state that I am still under slept because of where I am staying, it is just constant chaos and that it does not really matter where I go, it is all the same it seems.
With his condolences to my situation, the Judge then asks how I wish to proceed in terms of using the Common Law Peace bond as a means to deal with the situation, affirming that the Crown is agreeable, but that we need an applicant (me) to apply for it, going further on to state that the Crown had a policy of not applying for a Common Law Peace bond. Speaking for himself, the Judge states that he is not in a position to impose one, he then asks of me if wished to apply for a Common Law Peace bond myself to resolve this Prosecution or not.
I explain that it is the same thing with me. I kind of somewhat swing back and forth over it all. If I make a plan to go forward and prepare, I find I cannot even prepare leaving me in the same boat. If I flip a quarter to go ahead with this I get Tails (again) for a Common Law Peace bond. I go on to explain that I have some deep concerns over it and that I obviously I have trust issues (a tell tale sign of victimization by the way).
I go on to explain that if I am put under a Common Law Peace bond I feel it opens me up to a lot of further unjust restraints (additions) as I had heard the Crown mention on Friday (this upset Peter Ng, but it's what I heard - additions) outside of the courtroom. He had hinted of such when I was with the Duty Counselor stating that with a Common Law Peace bond there are more additions available to be placed upon my Person, thus giving me my concern.
(Next, in some confusion brought about by a lack peaceful sleep which prevented me from putting a rested mind to task over the weekend, I begin to derail the process by last minute thoughts during the morning stresses before court. Including the stresses of only having $6 to my name, having to spend it wisely and smoking my last cigarettes before I appear. Not to mention having to pull the last $9 out of my account on the way here. Money that someone put into my account that I did not even know I had had until yesterday. This all left me arriving without much preparation.)
Derailing the correct thought processes, I went on to openly wonder if a Common Law Peace bond left me as the sole guarantee-or of the family as there is and there has been no protection for my Person. I brought up the ruling two years ago where a Judge (strangely) ruled in favour of a 'Fear of Injury' Charge against my Person, legally protecting my Family from my Person, for the stated reason that he had to do so to protect my Person from my Family. Completely reversed I went on to say, that everything since day one is completely reversed.
I went on to state that this is very unjust in my view, that personally I no longer really care because this System and I do mean not to point fingers at anybody, this System I believe has literally murdered me. It's taken away... (speaking with hurt emotions). This System has taken everything important away from my Life, it's taken everything away to sustain my Life and it's even degrading my biological health. So I will... I trust in Truth, I trust in God, I trust in our representative to God, the Sovereign Her Majesty the Queen and I have flipped Tails. I will trust these Courts are Loyal to Her Majesty the Queen (Judge confirms yes) and I will proceed with the Common Law Peace bond if...
Going on to state that I just feel there is something I should be putting forth as I do this (this is likely exactly where I failed, my reluctance to fully place my blind trust). I have stated that there is no guarantee-or for my person. There's certainly nothing protecting me. Outside the courtroom I had to, not knowing if this is even correct for me to venture into this, but I had to wonder if I am the sole guarantee-or of the family if it is all put on me. If that makes me the head of the family, the person responsible to Her Majesty the Queen because that is the way it seems to be, that I am the one taking all the hits for everybody's conduct.
The Judge stepping in had clarified my confusion by letting me know that a Common Law Peace bond would not impose that obligation onto my Person (silly of me, as it all seems clear now after the fact). Moving on from here, I expressed that all I can do is proceed in this in the hopes that the Judiciary System will find a positive resolve to all this. The Judge taking over the dialogue then puts it to the Crown, asking if my having applied for Common Law Peace bond to resolve this prosecution, if the Crown wishes to advise on the grounds for application.
The Crown Administrative Counselor then expresses that due to my comments given today, that he thinks it is important for the court record that I re-confirm (for them, not for me) that I have spoken to the Criminal Duty Counselor on the last occasion for Legal Advice regarding Common Law Peace bond. He goes further to encourage the Judge to ensure that I know that although a Common Law Peace bond is not a Conviction, that it is not on a Criminal Record per se, a breach of the Common Law Peace bond has consequences. The Crown continued on suggesting to the Judge that in my address to the Court I have used some terms that the Judge may wish to clarify.
The Crown continued, stating that the Crown takes a position that on the 27th of August, 2017, Mr. Berladyn (myself) went to the residence (that is also mine) of his mother's Margaret Ann BERLADYN, previously there was a suggestion that he may have caused Mischief there, that matter was dealt with by way of a (fake) Trial where no evidence was called. He was Acquitted on that Charge. However, he was placed on Conditions not to go to that residence. That was after speaking with his mother Margaret Ann Berladyn (who stated to the police that she did not want me Charged and that she wanted no further hindrances placed upon my person).
While under those conditions Mr. BERLADYN (myself) went back to the Residence October 31st, 2017 (in my effort to attempt to save my life) and therefore he Breached a Court Order it is Alleged. With Mr. BERLADYN making an Application for a Common Law Peace bond to resolve this matter the Crown would be not be opposed if Your Honour were to accept his application and impose for a one year duration a Common Law Peace bond in terms with the event that he be released with his own recognisance, $500 no deposit, no charity (that was fine). Terms to keep the peace and be of good behaviour (that is fine), to report and reside as directed (say what? cleary there is no comprehension as my real world needs), no contact with Margaret Ann BERLADYN except with her consent and not at her (and his) residence, upon her consent being removed to physically remove himself from her presence and not to have any further contact with her unless she initiates contact. Also a nogo two block radius of any residence of Margaret Ann BERLADYN. Your Honour will consider (I mistook this part) whether there's an interest of the Public for a term of no weapons, no alcohol, no drugs any type of Rogers Order would be appropriate (ridiculous to my ears). The Crown then expressed for the record, this is what he informed myself and the Criminal Duty Counsel in regards to us having a discussion of further restrictions outside the courtroom. (That is not what I heard walking away pissed off, but then I walked away pissed off fully knowing I was wrong to do so. In honesty, I should have been capable of putting forward my own list, but I had no strength and clarity of mind to repeat something I have written and stated many times over. It is something you will find continually through this site)
The Judge then took a moment to ask if I wanted to speak to the Criminal Duty Counselor from the previous appearance, the one in reference, to which I replied that I did not. (I did not want any further people involved in this. I should have been putting forth my well known needs) The Judge now moved on into informing me that I can either admit that grounds exist for the Peace bond or that I can do nothing at this point in regards to the Crown alleging that there are grounds that I may breach the peace.
In reply (I am worn down from stress, poor sleep, too many slow details in discussions and most importantly personal uncertainties) I state that I must be mistaken, I had believed... (flipping to paragraph 26, if it I did have moments of understanding this, I was currently confused) I then state: Just to clarify I have no Right to introduce evidence as to why it should not be granted.
The Judge taxed with my confusion graciously informs me that if I oppose it (with Evidence), it would be the same as withdrawing my application for the Common Law Peace bond. The Judge continues on stating that he would not be in a position to issue one if I am opposed. At this point everything falls apart with me apologizing for my misunderstanding. I went on to state that I had believed we had left things on our last appearance with the Judge interested in hearing about doctors. ( the Judge in our last appearance, stated that we could talk about doctors today. Regardless of the interpretation meant at the time, or my misinterpretation of certain cues, I was expecting to put forward existing 'medical' records testifying to my interests. I might have been wise to hold my words here but seeing that I had heard the terms report and reside where directed, rogers order, two block radius, not at... etc. - I began to express a withdraw of my application. This was doing nothing at all to untether my person and reverse my own demise)
The Judge then carefully asked if I was asking for the Common Law Peace bond not to be imposed (which in asking only polarized my withdrawal). I tried to apologize and the Judge would not allow me, stating this was complex and that these Common Law Peace bonds are not raised very often in our Courts. (I have a problem with this statement, because the homeless people here, many who have problems with the courts state that they push Peace bonds all the time. Perhaps not a Common Law, but an 810 I do not know... the only way to ever know is to see for myself.)
In simply more confused ramble, I went on to state that I do like the idea of a more natural court, a more natural justice as opposed to the harder more codified equation, the mathematical equation of codified law. In this, I only found the Judge cutting me off as he should have. (This comment I made was merely useless dribble... )
JCM Office
From here, I am escorted by Sheriff into the JCM Office to set new dates to have the Trial that I should have had on my last appearance four days ago. The one the previous Judge denied by delaying justice by steering things into this Common Law Peace bond. Again, right or wrong, it is all perspective.
Perhaps, my dismissed lawyer is to blame for not representing my expressed intent. Perhaps I to blame for not being strong enough to dismiss him in December and throughout. Perhaps the Federally recognised Church running an government funded 'emergency shelter' is at fault for not providing the available safe sanctuary leading into mental collapse. Perhaps it was the actions the Port Moody Police right from the start.
In escort, the Sheriff makes a comment to the effect that I would have liked to have wrapped this up today. In reply, I state that it would have been very fitting to do just that over the Canada Day Long Weekend - 'Strong and Free'. Unknowing to him, my mind is beginning to plot suicide, deleting any current ambitions and replacing them with new priorities. Of course, sometimes things are easier to begin steering towards, than to actually do.
In the JCM Office, the Crown Administrative Counselor who appeared to leave the courtroom unhappy as I recall, had arrived into the office before me. As I became scrambled over my pen that I had just lost, he was already working on dates, stopping short on patience over my confusion as to where I should place my person in directing my attention to conversation. I was asked if I am available February 8th, 2019, this felt rudely cold to me, like I did not even the option by the female (Justice of the Peace?) staff member.
My mistake, I should have had the awareness to ask for something earlier and I should have questioned them both on what they were actually doing. Just the previous day, the earliest trial date where two full days were available was November / December. Now here they are with the Crown Administrative Counselor asking for half a day and his co-worker, (Justice of the Peace?) is pushing February 19th, 2019 on me. It felt intentional to my Person, as if there was no respect towards me, but that was only my perception at the time.
Naturally, I will take the blame as I did not even work up the strength to fight it. I just stated 'Denying my Right to a Trial within a Reasonable time' while thinking I should sign as exactly that - 'Denied Righttoatrial'. I actually tried to partially merge my name with those words in signature, I wish I just did it. Why do I even hesitate, am I wrong for my views? The Crown is only calling two Officers for witnesses, that is two government employees who do as they are instructed. There is not the half day he requested available in the next eight months?
No 'General' OHASHI as a witness? No family member? How did he speak to my own mother over lunch on Friday, was she there at the courthouse? Is that who put the twenty dollars into my shared account? To relieve her own guilt in being talked into killing her own son she transfers twenty dollars into an account she has access to. I shouldn't be hard on her she likely has not money unless my brothers in their bid to steal, after paying off their houses... coming home to look like heros... was my mother there? I can see that, it explains why OHASHI was there and out of view.
The Crown only has two officers for witnesses and they cannot schedule anything sooner? I call bullshit. I should have called it in the office as well as demanding two days trial to hang all of you on Charter of Rights violations. Hope you all had a nice Canada Day this weekend. Your first day back to work, right back into the games. I should not ramble like this, but I just have no respect who break the law while holding people to account in law for things they are not even guilty of.
Do you know why I didn't even fight this in the office? At this point, I was still not clear in the mind over a lack of adequate peace and rest, but I was no longer planning on partaking in their bullshit game of pretend justice. Speaking of such, I had such an interesting discussion with a 64 year old former business owner outside the courthouse. These people in their snub nosed high paying affairs actually live off and then kill the very hands that feed them. This is common public perspective by those old enough to have seen it.
Vampires. At 42.5 years of age, I am finally learning the meaning of it all.
( Final Note: Look at that, I just made the final edits here not really sure if I should leave the ramble immediately above and I run into Ms. Poland, someone I know from Coquitlam. She's headed to work. We catch up, she asks me how I am doing, naturally I open up about all of this stating it is so corrupt and she rolls her eyes stating 'we all know that, everyone knows that'. In stopping to put this note here, I am still wondering if I am wrong in the thought that if I was more positive, trusting and proud to speak highly of everyone, making continual positive reference to Her Majesty the Queen, etc., if I would have not overshadowed all of the Corruption and won. However, I am only human and I can only take so much while my life completely disintegrates.
You know what? If I could do it all over again, going back two years, that is exactly what I would have done, I would approached this in a very Positive Spirit, praising Her Majesty and anyone daring enough to stand in the path. It might not make sense to some, but it is the Way of the Lord. )