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THE QUEEN'S BENCHWINNIPEG CENTRE
IN THE MATTER OF:
The Criminal Code of Canada-
BETWEEN:
HER MAJESTY THE QUEEN,
and
AARON JAMES,
AFFIDAVIT OF LINDA JAMES
Affirmed the day of March, 2009
I, LINDA JAMES, of the City of Winnipeg, in the Province of Manitoba,
AFFIRM:
1.
THAT I am the mother of the Applicant herein, and as such have personal
knowledge of the facts and matters hereinafter deposed to by me, except wheresame are stated to be based on information and belief, in which case I verily believesame to be true.
2. THAT I have paid all of the Applicant's legal expenses regarding this matter totaling $__________
3.THAT I was in attendance on October 27, 2007, at the police station, and I was informedand verily believe that police repeatedly threatened my son that they would turn him over to Minneapolis authorities immediately.
4. THAT it is my belief that the police illegally entered the Applicant's suite andsearched it
without a warrant
, on October 27, 2007.
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5.
“That it is my belief that the police’s actions in seizing the saidproperty during an illegal search constitutes a criminal offence and thatthe police committed theft and break, enter commit theft, *assault with aweapon/armed assault, criminal trespass and forcible confinement* on October27,07, in violation of section 8 of the Charter of Rights and Freedoms
which clearly states “Everyone has the right to be secureagainst unreasonable search and seizure”. Violation Section 7of the Charter which “ guarantees every person’s right to life,liberty andthe security of the person.”
8
.
THAT I am advised by counsel for the Applicant and do verily believe that one of theofficers, Const. James Peter Sushnyk #2450, who was present on October 27,2007,subsequently was charged with the offence of being unlawfully in a dwelling house in relationto another unrelated incident,
a crime identical that having been committed herein.
10.
THAT it is my belief that after breaking and entering and committing theft in theApplicant's suite, the police acted improperly when they chose to proceed further withunwarranted legal proceedings against the Applicant forcing myself to incur legal costs todefend him,That police exploited false pretense for the need to issue notice of service, effecting repeattrespass and criminal harassment with an aim unto abduction of said applicant.That notice of service had been satisfied as indicated in Winnipeg Police dispositionapplication, by Dec 26/08.That police deliberately withheld notice of service from the court until the first proceeding Feb13/08 in order to continue to effect said harassment.That continued trespass and criminal harassment via police continued well beyond notice of service as acknowledged by the court.11.
Consistent evasion of the court and the law while engaging in further criminalharassment
That police have displayed a consistent pattern of evasion of the court and the law whileengaging in further criminal harassment.As per a seven week delay period prior to acknowledgement of our attorney,As per Failure to inform the court about satisfaction of notice of service, which is markedsatisfied as of Dec26/07 within their application for disposition of our property, such thatnotice of service was brought to the attention of the court only upon the first hearing, as of Feb13/08, facilitating further onset of police criminal harassment and incidents of trespass.As per, criminal harassment via police trespass without warrant or charges on but not limited tothe following dates: Nov 30, Jan 7/08, Jan 19/08,Jan 26/08 , Feb 2/08, July 4/08 , July 9th,July10th/08, Aug 31/08, Sept 17/08, Oct 10/08, noting that this harassment extends well22
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