Datetime: 2019-02-09 07:01:00 +0000
Post Title: 98702-2-A
Provincial Court of British Columbia
Port Coquitlam –
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.
FT – For Trial – Used for the first day of a trial on an Information or Indictment when a case is set before a Judge/Justice.
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.
FT – For Trial – Used for the first day of a trial on an Information or Indictment when a case is set before a Judge/Justice.
[private]
98702-3C: §143(3) BREACH OF RECOGNIZANCE
FT – For Trial – Used for the first day of a trial on an Information or Indictment when a case is set before a Judge/Justice.
[/private]
Delayed Justice is Denied Justice
Denying my demand to be tried I was offered on June 29th:
available new court dates in November / December
two days trial time
After not accepting the delaying Common Law Peace bond, July 3rd:
a new court date of February 8th, 2019 – 9:00am
5 hrs available in courtroom five
Subject to Revision / Edit
Foreword
I was very ill before court on February 8th, 2019 for reasons that are too long to list. I am a position of life which my oldest brother repetitively claimed always happens to someone in my shoes. He gloated that a person in my endeavour always ends up in the same shoes and they never recover. A place where no one will help and no one cares. Why he found such a thing humorous is not my business to explain in this foreword.
What is my business in this foreword is the fact that I find the corrupted files and processes which I assume come at great expense to the public purse nothing short of sickening. Never mind the irreversible damage done to my life, nor the impossibility of the situation imposed to correct the situation. It feels beyond description how some people collecting a pay-cheque with all the included perks from government positions can justify their own existence. Perhaps I am wrong as I intend not to lay personal blame on anyone, but it just seems unfathomable to me that public servants could be this incompetent in serving the needs of the populace without fully knowing that they are not serving the needs of the same said populace.
"Canada was founded on principles that recognise the supremacy of God and the rule of law"
Maybe I am simply too jaded. Often at times I have felt that the rule of law is not there to give us all peace, security and justice; but rather it exists as a set of leverages to exploit and use to rule the people. As a means to keep the powers that be in power and as a means to keep the little people, little. If I could keep a clearer mind I might move past these perceptions.
Overall Health and Personal State
Fate, karma, reality, what ever it is, the odds often do not appear to be working on my side. By the time I have gotten around to this writing I have had to turn down at least four jobs while not being able to put myself out there and look for more replacement work. First I have had to turn down work to do what I felt was important in writing a response to the Attorney General of Canada. A writing in which I intended to blanket the British Columbia Ministers of: Justice, Health and Public Safety with as well. All them all at once. From here I next had to turn down work to appear in court. Then I lost more work through the snow fall. Of course, next came Facebook cutting off my communications just before heading into court. That cost me a comfortable little job too. Now I am out of money. I cannot look for work because of the current needs towards court. It is just cycle created from being far too weak, for far too long.
On top of those problems are health problems which are best managed by shutting everything down and completely existing only for bare minimum purposes. Existing solely for work so that I may gradually come back together naturally. I have been through similar things enough times to know how to do this. Except this time there is a problem. The problem of external control. It literally creates an impossibility. All together I am in fairly poor shape. I would slowly self-right if I could be left completely alone to my own devices with zero commitments. It can be slow at first, but once the wings catch and the mending begins without all the continual set backs, recovery begins. Personally I am too far gone for any real world recovery outside of the only thing I can accept. I do not want to derail into a long winded sidetrack so I will leave this for another day.
Health-wise my situation has not improved enough to make basic changes. Changes like replacing my contact lenses daily/weekly, or regimenting myself in oral care which is another story. I have another tooth wanting dislodge itself and come out. I have a lot of problems including what may be sleep apnea. With years of drywall dust and excessive smoking from excessive prolonged emotional stress, I have some looming problems. Problems that do dissipate the further I move ahead in getting my life under control. Problems that only increase with stress that I cannot dispose of. Consequently I am not sleeping and I treat this with the stimulant of coffee and cigarettes. Two habits that have such a hold on me abandoning them causes further significant problems. For any outsider to claim they know my answers, they best keep their advice to themselves. I know my own operating manual, at times I forget where the pages are, but I do know very well how to adjust given the proper leeway and means.
With Facebook cutting off my communications before court, combined with cycling problems in regards to finances, along with lack of organization, missing assets, and my reluctance to damage work relations any further, on and on... I was feeling very sick before court. Even my breathing was not well. Already over driven by extended coffee use and a dis-function through a lack of sleep, for the first time as luck would have it I did not sleep at all the night before court. I did not even have the concentration to flip a quarter and call heads or tails. There was nothing I could do to improve the situation. I couldn't even get myself to look on the desk behind me and figure out which Charges I was appearing for. Which history it all related to. I didn't know what my replies were to be. They have all been conceived, determined and plotted at some point in the past.
I did not even know if I should attend court to be honest. I believe I had told myself that day that I would go for Her Majesty the Queen. In the past, I have questioned whether I should step foot in that building again. I also questioned whether I should appear, refuse to cross the bar and then state that I am there to speak for the deceased. Deceased as in dead. No longer in existence. Casper the ghost. This might seem ridiculous to people, but if you were in my shoes and you did the math you would understand. I might still exist as a biological entity still just barely managing in some sense, but for any real intents and purposes I am already dead. It was critical for me four years ago to not take any more losses. I do not even know how to describe that implosion at the moment and this foreword is not really the place.
Long story short, I felt very sick before entering the court room. It went as follows with the transcription of my 'memory'. It can be rather consuming to access such and compose, but I need do this before moving forward in the 'system'. I honestly should have done it sooner. If I recall, it my completely out of sync sleeping patterns, my continual haze from such and my reluctance to commit to power sleeping for a few days to attempt to find balance prevented it. Please remember that I have had no sleep during the day written below and my functioning is severely impaired. I did not even care about running late. For everything this system did to me, they could wait. That was my attitude. The courts and the system could wait for me.
I did not know if I would be 'incarcerated' so I had my elderly mother drive me down to the courthouse to curtail any further risks in further permanent losses.
[Begin 9:00 am - Court room five]
[Crown] "Mr. Berladyn is in court. Crown is..."
[unidentified] "Mr. Berladyn, please come forward."
[unidentified] "Come right up to the front please sir."
[Crown] "The Crown is ready to proceed."
[unidentified] "thank you."
[Crown] "All of the witnesses are here."
[unidentified] "You are Daniel Berladyn ?"
[Daniel] "I am"
[unidentified] "ok"
[unidentified] "Mr. ***** ** how many witnesses does Crown have?"
[Crown] "Mr. Berladyn is representing himself. I am not going to ask for omissions so the Crown will be calling three witnesses one of which will be JP *****."
[unidentified] "ok. Thank you very much."
[unidentified] "Mr. Berladyn, your trial was set for today, for one day, are you ready to proceed sir?"
[Daniel] "I am very ill."
[unidentified] "So are you going to be seeking an adjournment?"
[Daniel] "That perhaps would be best."
[unidentified] "ok. I am going to have you back in this court room at 9:30 am and you can make that application before a provincial court judge. So 9:30 back in court room five."
[Daniel] "thank you."
[unidentified] "thank you."
Order in court, all rise.
[End 9:00 am courtroom five]
Outside the courtroom, I noted two of the police officers who are there as witnesses on behalf of the crown. I am not mentioning names this time round, but the one I knew as an MHL (Mental Health Officer) took it upon herself to approach me and attempt relations as if we were friends. This was taxing for my person. Although I know that she intended no wrong, it was very hard on me for many reasons. For one, her role in all of these affairs. For two, the uniform she represents. For three, I have requested multiple times that no MHL 'Officers" interact with me or my files. This may not be a legally certified request, but it is one that is out there for the whole world to see for the last two years. For four, this is the same Officer who denied my ability to speak to my own cousin after just arriving at the courthouse with him, after spending the last several months in his house, because he was a 'witness'. I do not have the time or energy to do what I need to do, let alone write everyone who I feel conducts themselves inappropriately, but please do not approach me. Especially do not approach me in and out of the courtroom. My gears are turning, you have involved yourself enough. My cat is dead.
Upon re-entering the courtroom at 9:30, I walk into the small chat between peers which immediately tones down and ends in my presence. People are people, they do what they do. This is just another day in the work lives of these people. Just another case. Just another file number. Just another one under the belt of experience. However, when you are in my shoes it can be hard to take the increased noise pollution. Just like with the officer above. The increased bombardment of relevant-irrelevant mind-skewing information. Walking into such a conversation, makes me wonder if my ears are burning. This kind of thing increases for my tired mind when I hear things like: I will personally speak to her about this matter at the end of it. For me, especially so tired, so exhausted and so far past anything sensible in my world view, this is simply more burden. Of course, no one to blame for mere human behaviour. Upon the quickly toned down chat, there is some slight fumbling of minds before they realise that we are ready to go ahead. We go ahead, things resume.
[Begin 9:30 am - court room five]
Order in court all rise.
[Crown] "Your Honour, ***** **, last name ** first initial *, for the crown of the conduct of the Berladyn matters which appear as numbers one and two on the list..."
[Judge] "Yes."
[Crown] "My understanding addressing the court this morning during assignment court is that Mr. Berladyn is not well and that he may be making an application to adjourn these matters."
[Judge] "Ok. So Mr. Berladyn... is that how you pronounce it?"
[Daniel] "Berladyn."
[Judge] "Berladyn."
[Daniel] "Yes."
[Judge] "So you are representing yourself?"
[Daniel] "Yes your Honour."
[Judge] "So tell me, Mr. ** says you may be wanting to adjourn the trial?"
[Daniel] "Well your honour, I cannot trust a lawyer.."
[Judge] "You cannot trust a lawyer?"
[Daniel] "I can't trust a lawyer, so I gotta do it myself and it makes me too sick as this has gone on too long. As a proposal to the Crown, I would... as a proposal to the Crown I would like to find another means. I would like to... seek another means to... serve Her Majesty the Queen and the judicial system.. in.. it is not.. I do not have the words pre-planned, I am sorry, but.. in not changing the system, but... helping to refine it for integrity."
[Judge] "Refine it for integrity.. what the system?"
[Daniel] "Yes."
[Judge] "Ok" [the stenographer is no longer typing at this point]
[Daniel] "I am not looking to challenge the system. I am not looking to challenge the crown. I am looking to help the crown. I have almost been killed I can't tell you how many times.."
[Judge] "You what...?"
[Daniel] "My existence on this planet has almost came to an end several I cannot tell you how many times. I just... I don't need a psychiatrist, I don't need doctors, I just need the truth but it makes me too sick to verbally.. the more.. and here's.. it's just a human level, the more I make a deal of this the harder psychologically it gets, so setting this back is not a good thing for me. I haven't slept. That is not a psychiatric disorder, it's just I am physically ill from all the stresses I've been through for years. My lungs are burned out.. I'm..."
[Judge] "Now when you say you are sick.. what do you mean by that?" [this is not something I can explain in full verbally]
[Daniel] "Well.. I am a drywall'er... verbally I have a harder time condensing everything to a proper truth... I am a drywall'er... since I was seventeen years old.. I have breathed a lot of dust... we do in the industry have a regulation to wear a respirator, under the strain... it's hard to explain if you are not in the industry, but.. it's just hard for... under the stress... you get in the habit of wearing the respirator, but you are under stress, stress, stress from problems that should not be, just to get things done you take it off. It's.. I do not know how... it's... I do not how to explain to you, but anyways I have.. prob.. respiratory issues that are getting greater, I have.. I don't have... I am just..."
[Judge] "Well I guess what I am getting at, is your... when you say your sick you are not anymore sick today than you were last month or will be next month...?" [well truthfully, that fluctuates with how well, or not well, I am recovering.]
[Daniel] "Well the problem with the courts.."
[Judge] "Cause you are asking for an adjournment so I have to consider what is happening right now>"
[Daniel] "I am asking for an adjournment... I haven't slept. I have had to delete everything out of my mind to get back.. to try to put my life back together.. and rebuild my relationship with my mother.. I had to delete all the court stuff out of my mind and now I have to stop... and get that ball rolling, I have to stop that.. and come back to the court.. and it's... just a problem that is going to likely get worse. As far as the Charges... this is I guess for the case but.. as far as the Charges go... I.. I even have to look at the Charges because I cannot even remember... I am just... "
[Crown] "This may assist your honour, if Mr. Berladyn is asking for an adjournment the Crown is not going to oppose... so long as the delay.... is waived and the.."
[Judge] "Ok"
[Crown] "...protective conditions remain in place which is really what the Crown wants."
[ YOU ARE NUTS - virtue signalling your own justification. Justification for your own existence and for your offices past actions in creating a bureaucracy that not only self-perpetuates it's own statistics, cycling the perceived justification for evermore virtue signalling, for evermore self-justification of more harmful government programs,.. you are absolutely insane to try to hang this control mechanism over my head so that you may look good while continuing to endanger, not only my life, but my mother's life. If you had the follow through to take me up on my very good offer this would all have become very apparent. If this system ran anything the way it should this would all be apparent.
Now, aside from attempting to place the legal leverage to be taken advantage of by others to manipulate and thus kill me, which likely has already happened, not only do you seek to harm my mental health, my conscious and my sanity by hanging this over my head, you are infringing not only on my personal convictions, but you are infringing on my religious beliefs. Whether you understand it or not, you are attempting to wedge yourself a lever into the core of my very existence and I must say better men have tried. It is not going to happen, because I will die for this. In fact, you might be the one that brings it on. I will never accept this as long as I am breathing, so you better re-think your plans as to finding out why.
If I am forced into an agreement, I will simply re-neg. You are pre-dated by prior contract that is far over your head. If you attempt to use this knowledge as a lever, you will cement me into a stance that I have realistically already entered by the past actions against my person. I am only alive because I walked away from your 'protective conditions' which are nothing more than bullsh-t put in place by people running a system of bullsh-t. If I wasn't so unclear in the mind from poor health, I would likely be a lot clearer than I am being right now.
I have had no reason, as a person who was driven into suicide and held there for extended months on end, to hold any of you honourable. No reason at all period. None. Her Majesty Queen Elizabeth II was the only reason I told myself to show up for court this day. That was it. Nothing more. ]
[Judge] noises of affirmation "mmhmm at the end of the day"
[unidentified] clearing of throat [I have seen this before.]
[Judge] "So.. so.. Mr. Berladyn, so just.. .. sometimes.. its'.. I think Mr. ** was pretty clear about that, but I think sometimes it's helpful to hear that... to hear from a judge... so what Mr. ** is saying is that if you are wanting to adjourn this trial.. which it sounds like you are.. the crown is not opposed to that... so they would.. not take any position, they would be ok with the adjournment of the trial.. provided it is understood.. that.. any delay in having another trial.. is.. is on you, because you are the one that is wanting to adjourn the trial today, right?"
[Judge] "And... secondly, the protective measures that... are.. in place... I don't know anything about your case.. just so you know, I don't know anything about your case... before I came in today, but I understand there is certain protective conditions... regarding.. a Margaret Berladyn, is that your mother?"
[Daniel] "my mother"
[Judge] "ok, those will continue to be in place until the next trial,"
[Daniel] worn down "I.. k.. I am very tired so.. this is why I.. I.."
[Judge] "so those.. conditions.. the protective conditions that you.. not go within a block of your mother's residence..."
[Daniel] "Ok.. your honour.. I will just walk into a car and kill myself then if that's what you want to do to me."
[Judge] "sorry.. ?"
[Daniel] "If this is what the legal system wants to do to me I will walk into a car and kill myself cause I.. I.. that - is what has been murdering me."
[Daniel] "Well.. What.. What.. the.. Fuck"
[.. silence ..]
[Judge] "Well.."
[Daniel] "What.. I'm.. s.. .. y.. ... I und... this should be the case"
[Judge] "So.. so.. Mr. Berladyn.. you kind of have two options of here, I mean... you're the one that's asking for the adjournment... right.. and rather than the crown saying: no no no we have to proceed today. The crown is saying: that's fine, just so that you understand these conditions will be in place until the next trial. The other option is.. ... to just proceed with the trial today."
[Daniel] "ok, that.. "
[Crown] "Your honour before we proceed, I think we can be.. I just want to clarify.. when I said... the conditions, the conditions I currently in place, I said.. I think.. the conditions have been amended.. may have been amended... for contact with consent.. I just want to double check that."
[Judge] "Ok.. there's a.. there's a.."
[Crown] "So... so that Mr. Daniel Berladyn is aware that the current conditions are.."
[Judge] "ok, so.. so I.. I've got which I... I guess the recognizance.. the most recent recognizance.. from September... so.. Mr. Berladyn, so the current condition is that you are to have no contact, directly or indirectly with your mother except with her consent... and upon her consent being revoked withdrawn you must remove yourself from her presence and not have further contact with her until.. and only if.. initiated by her. That's.. that's.. that's not an unusual condition.. and similarly, you are not to go within two blocks of her residence except with her consent and if... and if.. she withdraws that consent then you have to leave. So that's.. those are the protective conditions. It doesn't say that you can't have any contact with your mother. It just says that.. that.. that's based on her consenting to that."
[Judge] "So do you understand that?" [What I really mean to say, is that I understand that you plan on empowering an elderly, easily coerce-able elderly mother, who has a history of being manipulated, into killing her own son (me) at whim? How noble of the courts time and of these resources put to use for moral corruption.]
[Daniel] "With all due respect, I understand the system protects females and not me as a male. It protects..."
[Judge] "You don't need to be protected from your mother do you?"
[That is a loaded question. The first judge, in the sealed hearing, complete with a 'media blockage' for 'privacy', knew how fucked up all of this was. Why are we even at this point? Just like all of those useless corrupt files, I want to say you are not worth the paper you are written on.]
[Daniel] "... ...... ..... .."
[Daniel] "This is insane."
[Daniel] "I went to the police for help with a family problem... with my siblings."
[Daniel] "... .... .."
[Daniel] "...and the next thing I know... fuck..."
[Daniel] "...do you want to proceed with the trial? Go ahead, let's do it." [now I want it regardless of the outcome, as it only reprieves me from this insanity]
[Daniel] "I am in no shape. I am literally a lamb and if the Province of British Columbia..."
[Judge] "... "
[Daniel] "No. You know what?"
[Daniel] "... hey.. hey, this is my life.."
[Judge] "Ok, you have heard from Mr. ** that he is not opposed to an adjournment so.. so.. I don't want.. you to have the impression that the crown is forcing this matter to go ahead today because.. they are not... but these conditions will remain in place until any subsequent trial. So it's up to you. If your.. if you are wanting to have the trial adjourned today, that's ok. Another date will have to be set. So you'll still have to work towards that other date or we can proceed today. It's up to you"
[Daniel] "Before we go.. just before I give you my decision on that "
[Daniel] "The Crown Prosecutor, ***** **, .. ... I am too tired.. ... are you not willing to accept another.. alternative to a trial. As far as I know, if I have not plead.. we can agree to an alternative."
[This is a sane alternative, one that any true justice system would, should and could embrace. Common-sense. Integrity. Self-reflection.]
[Judge] "Ok. Mr. ** do you think there is any value in standing down?"
[Crown] ".... I have no.. Mr. Berladyn has spoken on the record that he's.. too ill... he's too tired... I can also advise the court and this is not in any way a negative reflection on Mr. Berladyn. We have had discussions before with the assistance of Duty Counsel and before your brother Judge ***** to determine whether a Peace Bond would be appropriate. That is why a Peace Bond has been laid."
[Yeah, that wasn't really even a viable option. Having me voluntarily state that I will not return home to continue sleeping on park benches with no chance of ever recovering. Placing that onus on me might have resolved all of your guilt in these matters, but it certainly did nothing at all for my person, for the truth, or for justice. It is no wonder why I have such a headache.]
[Judge] ".. .. .."
[Crown] "That is still on the table. I just... we have Mr. Berladyn saying on the record: a) he's too tired and also that he is too ill. I am wondering if he wishes to have discussions, he is more than welcome to have discussions with the crown office, with me, I am just thinking.. today may not be a good day, given his... comments on the record... because any subsequent decision he makes today, the court may have concerns whether he is.. in a mind that is suitable and I don't want him to regret any decision he makes tomorrow."
[Judge] "So you understand that... Mr. **'s comments, Mr. Berladyn?"
[Daniel] "I understand the courts are... proceeding with Charges that should not exist. I.. I don't wish to waste Her Majesty's resources... all common sense has been denied.. I feel all common sense has been denied to me. Nobody wants to... accept my offer to... be as open and as integral as I can, for myself, for my family, for the police, for the medical system, for the judicial system, for the Queen, for all British Columbians, for all Canadians, for all of mankind and so.. you know what? I can't have this keep going like this, I... I am too sick to be in here, it's not going to help me to keep it going so if you want to... if this.. I just want to say before the start.. maybe I shouldn't, maybe this is inappropriate, but.. if I don't walk out of here a free man.. this system is just.. it's not worth anything."
[Not worth anything at all, but your salaries. That is all this is. Killing people for money.] [Stenographer typed the above paragraph and returned to a stop.]
[Daniel] "I am sorry... no.."
[Daniel] "You know what? No. This is ridiculous. I.. I.. I am very tired. Your honour I am sorry. You've.. this system.. has literally nearly killed me and I cannot count how many times for doing nothing wrong. I am trying right now.. to.. it's probably too late.. cause.. this has dragged on too long, but to be as integral as possible.. and lay no fault on any human being, cause we are all corrupt, we are all flawed... all of us... every single one of us.. and.. to be as pure... after going through this.. after going through all of this... and while I was going through it... I could see what is needed. Not just to help me or someone in my shoes, but to help the police, to help the doctors, to help you your honour as a judge. Nobody... nobody.. I've had people working for the government tell me that they know... that they know they kill people... and she.. said that.. as in they.. as in this system and the people working for it And then she said: but nobody knows how to stop it. And I swear to God that is what she said to me.. and next thing.. she denies it because she doesn't want to lose her job. Just like everybody else."
[Yeah. Instead of pursuing why I might say something like that. Instead of pursuing why a government employee might say something like that. Instead of pursuing why a Police Chief would go on public television and state they did nothing wrong. Instead of pursuing obvious lies in police claims and files. Instead of pursuing communist 'doctors' who lie in files. Instead of pursuing 'doctors' who counsel their patients to defraud the Canadian government. Instead of pursuing people caught with 27,500 fentanyl pills who admit they sell to children. You people figure it is worth over a $1,000,000 of public money to throw the only reason an elderly mother still lives in her home out into the street to lose his livelihood and die so that... help me finish this sentence please...
In good conscious, this might already be all over. I have already concluded, the only reason for my lack of follow through, is from the damage you have brought to my person and that you continue to bring to my person. I do not know anyone else who has publicly written Her Majesty the Queen in front of the world multiple-times, for having no other options, do you?]
[Judge] "Ok. Mr. Berladyn, Mr. Berladyn let me.. let me.. let me say what I hear Mr. ** to be saying is, is that, we can adjourn the trial.. and in the meantime you can have some discussion with the crown and your talking about is there some middle ground, is there some other option and it may be that there is. There's been a discussion about a Peace Bond, there are other options, other than a Criminal trial and... we.. if.. that's what you are wanting to do, we can certainly adjourn the trial in order to allow you to have an opportunity to have those discussions. It may not be today, today might not be the day, to have those discussions.. your obviously quite upset and as you said you are sick and you are tired, but that might give you the opportunity to see if something could be worked out rather than having another trial."
[Daniel] "May I ask the crown a question?" [I will try yet again]
[Judge] "Yes, you can."
[Daniel] "Given what I have expressed, do you see any potential to help this system, to help the people of British Columbia, to help Her Majesty the Queen in addressing issues that.. I can't speak for everybody.. but everyone tells me.... nobody trusts this system..." [I fouled this one up, I admit that. I did not mean to state those last words. My brain began shutting down mid-sentence]
[Judge] "Ok well, I don't think Mr. ** is able to answer that. I am not going to expect Mr. ** to answer a question like that. So.. what I am going to suggest we do Mr. Berladyn is.. stand down for a few minutes, like maybe ten minutes or something. You can... speak to your mother if you want just so.. you can gather your thoughts, you can discuss the matter further with Mr. **, about not necessarily resolving this whole case but whether we are going to proceed today or not. So I would like to give you a bit of time to do that having had your peace this morning, and then we will come back and figure out what it is you want to do today."
[Daniel] "I would like to apologise for the difficulties."
[Judge] "No no no. It's fine. It's absolutely fine, but I am the trial judge so I don't want to... it's not my role here to assist and negotiate anything because that will sort of compromise my..."
[Judge] "I understand."
[Judge] "So what I would like to do is just stand down for about ten minutes or so. You can to Mr. **, you can talk to your mother, you can gather your thoughts, you can figure out what it is you would like to do today. Ok. Whether that is to proceed or adjourn or whatever. Ok? So.. we will stand down for about ten minutes or so."
Order in court all rise.
[Begin stand down]
At this point, I had already noted the unease of the Sheriff's. The crown prosecutor encouraged that we stay in the courtroom. This was something I was not opposed to. I wanted the conversation between the crown and I in the courtroom, but I wanted out for a quick break. I thought I should take my mother out with me. Before I did so, the crown was offered another 'medical report' which confirmed what I had noticed online regarding the visits of health agencies to this website. A fitness assessment, one that I have likely not read and one by the sounds of it, one that the crown had not either. In the moment, this just more to my plate in regards to information that I was not ready to absorb. I wasn't happy about having reports written about me in the moment, reports are in many ways, what got me here.
Coming back to the court room it is just the same old repeat. Killing me with kindness with all this conversation about adjourning the trial or proceeding with the case today. I was ready to adjourn it long before all of this drawn out caution. I find it draining. In their defense however, if it does move too fast, at some point someone may feel like they were mis-guided. For myself, I know what I want to do however I am in such a state I cannot keep my mind five seconds ahead of my tongue. As I say things I am questioning myself as I say them. I am tired and I am confused in my own thinking, my wording, let alone trying to decipher people very accustomed to these procedures. The conversations go in circles. Exhausted, all I can do is try to do is communicate my better convictions and game-plans.
I try to explain the only true manner for this to be dealt with appropriately but it does not come out. In trying another angle. I try to access him again for taking another route which is one that should automatically be in the interests of proper justice and the common good of all. No. He simply responds with no. I do not give up and I ask in a different manner again. We've tried that he claims. In truth we never did or I would not be writing this page. He is only granting me to two options. A Peace Bond, or a Criminal Trial. In my perspective, both of those solve nothing. They only serve to protect a corrupt process while continuing to harm myself and my perspectives on the greater good. The greater Truth. The conversation is very soft and calm. The crown attempts to wash past court time as 'opportunities' towards my person.
I put up with this for a duration out of my own effort to be polite, respectful and to act in good faith. However, when I politely explain with a soft voice the reality of what was truly offered, this while being denied my legal Right to a trial, everything quickly broke down. I explained how I was ready to kill myself that very day and how they were offering me the chance to voluntarily keep myself in that position and then re-apply to have it all changed afterwards. This while I slept on park benches and things I have yet to mention. As I continued on, the truth came out... and I blamed him... "what you fucking done to me" in broken verbalization as I emotionally recounted... Recoiling at the thought, that his office and his files and his actions might be responsible for the unjust death of an innocent person, he retracted all offers to speak and buckled down on proceeding with a criminal trial.
Recanting this I have to ask why I am even playing ball with these people. They bear no responsibility for the lives they take. They bear no responsibility for the mis-interpretatons and mis-truths in their files. Files written by small groups of people making very good incomes from the State. Just as my last appearance, the junior crown prosecutor had actually for lack of better wording, been tripped into a position to state that it was worth driving my person into suicide by proceeding these trials. I am a person who has wanted nothing but the absolute truth brought forward. Often I had felt like I was the only one who cared for the truth. This while I am getting buried alive by people wanting to write worthless reports. In my own outlook, not only did I seek to serve my own needs, I intended to serve the needs of the police, the doctors, the judicial system, Her Majesty the Queen, my fellow British Columbians, my fellow Canadians, my fellow mankind, my one and my only God: the Truth... and the crown feels it is worth driving me into suicide.
2 + 2 = what again ?
[End stand down, resume court]
Order in court all rise
[Crown] "Yes your honour, we have had some very brief discussions they have not been fruitful, we remain at the same place, so crown is ready to proceed, if Mr. Berladyn wishes to proceed we can. If he wishes to ask for adjournment the crown is not opposed."
[Judge] "Alright, so that is very clear. So Mr. Berladyn, are you wanting to adjourn today?" [... long silence as I try to engage my brain to speak ...]
[Judge] "It is entirely up to you. You have indicated that you are tired and I understand that, and not really in a position to proceed today so I am not going to force you to proceed today so I just want to you to me know if that is the case."
[Daniel] "I would like to say yes to go ahead, but I will adjourn, thank you".
[Judge] "ok."
[Daniel] "I am very.. I apologise." [Judge] "ok. That's fine. So we will adjourn the trial today at your request and.. the... that, as I said will give you an opportunity to have some discussions with the crown, I don't think today is the day to do that, but... you can see if there is some middle ground that can be worked out in the mean time but.. the.. another trial date will need to be set, so Mr. ** what do you suggestions as far as... "
[Crown] "I am not sure whether Mr. Berladyn is... is in a state of mind to set a.. if he wants to he can, but by submission he want to put this over to a.. on a fixed date basis, to a date... a long as he wants.. to which ever day he wants so that he can be in a proper state of mind and be prepared if he has anymore materials to prepare and then we can set a date on that."
[Judge] "So.. the next step in the process then is to... as far as setting another trial date, there's kind of two options... we can either today, you can go off to the case manager and schedule that date. Another option which might be a better option.. I think.. is to... schedule a fixed date... what we call a fixed date down the road, it can be a month down the road or so, give you an opportunity to... to think about things and figure out what it is you want to do and you come to court on the fixed date at that time you would then schedule the trial if you hadn't been able to work anything out. I think that is probably a better option, rather than running off to the case manager today to just go and book another trial."
[Daniel] "Only one question."
[Judge] "Yes."
[Daniel] "How long are you allotting me to make an arrangement with them? To choose a date.. with them, the JCM office?"
[Daniel] "If I am not going to do it today, right now.... when do I need to come back into the JCM office?"
[Judge] "What we would do, is we would schedule a fixed date. It could be.. I am just going to suggest a month down the road."
[Crown] "Your honour, I don't mean to interrupt, but Mr. Berladyn.. he mention earlier that he was getting his life in order and then he had to come back which caused him stress, that prevented him from continuing his path to wellness, I have no problem if Mr. Berladyn wants three months or five or six months. The delay has been waived, it's his adjournment and if he's asking for that time I am not going to oppose it if he going to use that time for him to get better I have no problem with that."
[Judge] "So Mr. Berladyn, so... typically we would sort of come back in a month or so, but Mr. ** says: I am ok with... let's schedule it three four five six months down the road, giving you an opportunity to get yourself better and then we can come back for the fixed date to figure out when the trial is going to be. Ok, so you can have really as much time as you like, if you want three, four, five, six months before scheduling the trial and when you come back for the fixed date, that doesn't mean your trial is going to be that day, it means the trial is going to be scheduled which will be at some point in the future beyond that. So how much time would you like to... before coming back for a fixed date to schedule it."
[Daniel] "I need to be in here... ...if it works for the court system..."
[Crown] "March the 20th, I believe he has another trial.."
[Judge] "ok"
[Crown] "..frankly, I have no problem if Mr. Berladyn does not feel he is prepared, if he wishes to adjourn that date as well. I have no problem with that as well."
[Judge] "Ok... so you've got.. it looks like you've got a trial set March 6th and March 20th, so you've got two other trial dates that are coming up. Mr. ** is saying he's not... if you are wanting to adjourn those as well.. good to know that he's not opposed to it so.. good to know that sooner rather than later, rather than coming to the trial like today and then asking for an adjournment. So what do you say about those?"
[Daniel] ".... I.. I.."
[Judge] "Those are coming up fairly soon... that's like next month, right so.. "
[Daniel] "Yes."
[Judge] "What do you want to do about those?"
[Daniel] *laughing to himself* "I am sorry.. "
[Judge] "It's ok"
[Daniel] "I wanted all the dates consecutively so I could go one after the other like dominos, I guess."
[Judge] "You can leave those dates, if you want for now and just... see how things unfold. Do you want to do that?"
[Daniel] "Sure, what I was wanting to request.... is that maybe let me come in here then and pick a new date for this trial, if that was the case ."
[Judge] "ok... ok."
[Judge] "What do you say about that?"
[Crown] "Whatever Mr. Berladyn wants. If he wants to adjourn the fixed date before this matter, today's matter, to March the 6th that's fine."
[Judge] "Why don't we do that? Why don't we do that? We'll set... we will schedule the fixed date on this one, the trial for today, we'll schedule that on March 6th, cause your going to be here anyways, right? And then at that point you can schedule another trial.. or if you need more time, then we can schedule another fixed date, whatever. There's lots of options. Ok. Lots of options, but for now what we will do is we'll schedule... we will cancel today's trial date and we'll schedule the fixed date on this for March 6th, which is the day that you come back for the next trial... ...cause your gonna be here, ok and then you can see what's.. decide what's... what you want to do at that point. Ok. That will give you some time to.. for things to settle."
[Daniel] "I hope."
[Daniel] "I'm... thank you."
[Judge] "ok."
[Judge] "Alright. Anything further?"
[Crown] "No your honour. So these two matter will go to courtroom 3, 9:00 am, March the 8th."
[Judge] "ok."
Order in court.
[End courtroom 5]
I can see why Judges claim that they do not like people representing themselves. I was exhausted in court conversing over such a simple adjournment. It was draining and as tired as I was, I was prepared to move with it a lot faster. I am exhausted transcribing it. Everyone in the room was likely exhausted from it. However, whose fault is it really? Mine for being so exhausted, or the... courts, for trying to kill me with kindness. I understand they would like to ensure that my rights are not violated, that I am not manipulated into accepting an onus for something I have willingly agreed to. I understand that they would not want to give me reason to slag them, but if the initial determination was made in a nineteen sentences... what transpired next was a lot of dialogue. A lot of work on everyone's part. Sometimes I judge too sharply, sometimes I am completely obtuse fully believing that someone is better than they really were, but I walked out of there with no ill feelings towards the judge. I was so tired that I could not even flip a quarter, but I had nothing bad to say about the judge. That is a good sign. As for the crown, I have often chose to see my court opponent as good. Even fooling myself with his intent. I just.. really do not want to lay blame to anyone even if I do.
