Affidavit Aaron James – Aaron’s Draft (Adam’s Draft Amended) The Queen’s Bench Winnipeg Centre

IN THE MATTER OF:

The Criminal Code of Canada

BETWEEN: HER MAJESTY THE QUEEN, -AndAARON JAMES, AFFIDAVIT OF AARON JAMES Affirmed the day of March, 2009 I, AARON JAMES, of to City of Winnipeg, in the province of Manitoba, AFFIRM : 1. THAT I am the Applicant here and as such have personal knowledge of the facts and natters hereinafter deposed to by me, except where same are stated to be based on information and belief, in which case I verily believe same to be true. 2. THAT on October 27, 2007,1 was at my residence at 2 – 390 Stradbrook Ave, Winnipeg, Manitoba. I heard a knock at my door and when I went to the door to ask who it was I was informed that the Winnipeg Police service were at the door. The police officers instructed me to open the door and I asked them why. They responded that they had a warrant for my arrest. I called through the door that I did not believe them and they responded that they could easily go back to their station and write a fake warrant. I informed them that I had no intention of opening the door for them. That officers effected coercion and uttering of threats to kick the door down in the event that I did not open the door, and as such I was coerced into opening the door. 3. THAT when I opened my door, I saw many officers, present without warrant or charges, with their guns pointed at me ordering me to get down on the ground, constituting armed assault with a weapon. I was placed in handcuffs and was seated in the rear of a police cruiser car outside my apartment block, taken out in plain view, without legal grounds, constituting humiliation and defamation of character.

4.That sexual assault with a weapon was committed upon my person, via a female officer placing her hands inside my pockets while I remained at gun point, to search my pants pockets.

5.

THAT I am advised by counsel for the Applicant and do verily believe that no warrant of arrest existed for the Applicant in relation to a March 8, 2007, incident at the University of Winnipeg nor did a Search Warrant exist for his residence on October 27, 2007.
That I verily believe, the incident referenced March 8/2007 inherently did not substantiate an infraction that would allow for a warrant to be procured nor for an arrest to be made at one’s home. That I verily

believe, Crown attorney Desaultes denied their application for a charge and that no charge what so ever was informationed by police in justifying any of said actions taken by police.

6. THAT on March 8, 2007, police were investigating an incident at the University of Winnipeg wherein I was assaulted by security without grounds. That police inquired about laying a charge upon my person and were instructed by the crown not to do so by Crown Mike Desaultes, as there were no grounds. That police later approached a second Crown attorney in capacity Dan Angus, who gave authorization to lay a charge of cause disturbance against me. I am advised by my counsel and do verily believe that the charge of cause disturbance pursuant to the Criminal Code is purely a summary offense. 7. THAT I am advised by my counsel and do verily believe that police must lay an Information within six months of the incident date in order to lawfully have that charge before the Courts and that this prerequisite was not satisfied or informationed before the court during this period nor at any time, rendering any such charge, invalid.

8.

That it is my belief that the police knew or ought to have known that when they attended my residence, they had no outstanding charges, nor warrant, nor legal grounds what so ever on which to trespass and commit arrest of my person. That the police entered my suite and searched in on October 27,07 under these illegal pretexts.

9. THAT I am advised by my counsel and do verily believe that in fact the police had no warrant to arrest me nor issue or information of charge with which to act upon my person and no warrant to search my residence.) I asked the police officers to put my wallet back inside my suite and lock the door. I am advised by my counsel and do verily believe that instead of simply putting the wallet in my suite as I had asked them to do, the police searched and photographed my residence and seized physical property documents and photos. 10. That police committed an illegal warrant-less search and seizure without my consent as a violation of my rights under the Charter of Right and Freedoms to be free from unreasonable search and seizure.

11. I am informed and verily believe that police claimed they did not have time to apply for a warrant to search my residence because of ‘exigent circumstances’ , a term and condition inconsistent with the conditions under which they claim to have been present at my suite.
12:“That it is my belief that the police’s actions in seizing the said property during an illegal search constitutes a criminal offense and that the police committed theft and break, enter commit theft, *assault with a weapon/armed assault, criminal trespass and forcible confinement* on October 27,07, in violation of section 8 of the Charter of Rights and Freedoms which

clearly states “Everyone has the right to be secure against unreasonable search and seizure”. Violation Section 7 of the Charter which “ guarantees every person’s right to life, liberty and the security of the person.”

13.“ That I am advised by counsel and do verily believe that one of the officers, Cnst. Sushnyk who was present on October 27,2007, subsequently was charged with the offense of being unlawfully in a dwelling house in relation to another unrelated incident lending further evidence towards misdeed.”

14. That during said illegal confinement, I received repeated threats that police wished of my
extradition to the United States in Minneapolis however given extradition has a requisite of felony

,

level charges against an individual and since there are no such felony charges against me, I cannot be legally extradited. That threats of continued illegal activity and police harassment were made by Officer Ogwal repeatedly throughout the course of the day, Oct 27/07. Threats in Winnipeg Police Notes pertaining to my abduction referencing FBI and U.S. Marshals as per “U.S. Marshals handling case…fan out to all U.S. Marshals,…James subject to possible extradition…” That Police referenced their Boss’s directive regarding my extradition amidst taunts therein, while referencing further their affiliation with Minneapolis law enforcement, whom they claimed frequented Winnipeg to come in for training, from the U.S. It should be noted and I do verily believe the background of the Winnipeg police chief as per his bio, reads that he is affiliated with Minneapolis law enforcement as president of the Northwest Chapter of Associates FBI, and that consistent with this, threats regarding both FBI and MN based U.S. Marshals are referenced in Winnipeg Police notes. http://winnipeg.ca/police/AboutTheService/chiefmessage.stm

15. That I was held in Illegal confinement by Winnipeg Police acting without charges or a warrant on Oct 27/07 – and that this illegal confinement continued for a period of 8 hours after police acknowledging that there was no valid charge, for sum total of 12 hours of illegal confinement concurrent with threats and taunts concerning abduction, while denied food and

water.

16. That we were forced to retain counsel into court proceedings at our own expense, with a

trial date scheduled for Sept 3, 2008, brought about by illegal police activities and resultant violations upon our persons and breach of law. That we verily believe officers acting with full knowledge of same carried forward in these proceedings regardless of their foundation upon a violation of law they had committed unto our persons.
I have become very fearful of the police and of being kidnapped at gun point and taken to the United States of America because of this incident. I have been unable to leave my apartment at times because of this fear.

That we have suffered severe emotional trauma and loss of “security of person” -a provision guaranteed under the Charter, manifesting in nightmares, cold sweats multiple hospitalizations, clinically diagnosed chest pains heart attack symptoms , due to police criminal harassment and repeat attempts unto illegal entry into my dwelling. >

On September 3, 2008, the Crown withdrew their application and asked the Court to order all items and materials returned to me.

That we verily believe, the police’s decision to return all items and materials was based on advisement via Crown attorney for purposes of concealing illegal actions as communicated to us
via attorney. 17. I am informed by my counsel and do verily believe that evidence of Winnipeg Police’

illegal act of theft and continued illegal retention of my property, is asserted by the following documentary evidence: As per Winnipeg police admission to transfer of both my physical property and documents to the United States in Minneapolis, in consult with our attorney and notary public, Adam Masiwoski of Pinx Law, as of Dec 21/07 while at the Public Safety Building. As per, notation “logged as evidence” cited in Winnipeg Police notes, which as uncontested by Judge Giesbrecht, denotes seizure of property. As per the fact that police involved are charged with identical acts pertaining to illegal entry and perjury. 18.Illegal search and seizure; theft of property; violation section 337 criminal code failure of public servant to return property legally owned by member of the public.
19. That police actions have constituted criminal defamatory libel on a number of levels : As per police’ detail of contact made with tenants in my apartment dwelling on Nov 30/08, concerning inquiry into my comings and goings, thereby falsely suggesting of criminal activity on my part.

That Winnipeg police Notes state “The suite was observed in darkness with no answer to repeated

knocks of the door. An incident card was left …Upon speaking with neighbors it was advised that …no one has been observed coming or going from his suite.” As per suggestion that I fled the United States and did not return for trial, a false pretense made in Winnipeg Police notes as ostensible justification for their actions. As per malicious release of false defamatory information and report to numerous federal agencies in both Canada and the U.S. based on their illegal activities and criminal harassment.
20. THAT I make this Affidavit bonafide and in support of my application herein. AFFIRMED before me at the City of ) Winnipeg, in the Province of Manitoba, this day of March, 2009. ) ____________________________________ ) )