ASTUDILLO V.

HER MAJESTY THE QUEEN

File #: 500-01-234952-221

Supreme Court: R. v. Reilly, 2020 SCC 27

Charter of Rights — Remedy — Stay of proceedings — Systemic breach — Accused arrested and
detained longer than 24 hours before being taken before justice for bail hearing, contrary to s. 503(1)(a)
of Criminal Code — Crown conceding that accused’s Charter rights breached by detention —Trial judge
finding that accused held for more than 24 hours because of systemic and ongoing problem in province
and staying proceedings — Court of Appeal holding that stay inappropriate as individual remedy for
systemic Charter breaches and setting it aside — No basis for Court of Appeal to interfere with trial
judge’s decision — Stay restored.

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/18509/index.do

R. v. Kiloh, 2003 BCSC 209 (CanLII)

[116] Of particular application to Kiloh’s case is the statement in Kowalchuk that, "[t]he judicial
interpretation of the right of a detained or arrested person to consult counsel, as guaranteed by s. 10(b) of
the Charter, as meaning consultation with counsel of the accused’s own choice, necessarily implies that
an accused is entitled to consult with his own legal agent, not legal counsel who might be viewed as the
agent of the arresting officer." This, of course, was exactly Kiloh’s view of the lawyer Cst. Shokar
arranged. He thought the person was, as he made clear to Cpl. Brown, and as he testified, on the police
"team". In other words, his reasonable perception was that the person whom Cst. Shokar told him was a
lawyer, was an agent of the police and not specifically interested or knowledgeable about his case.

[218] In conclusion, none of Kiloh's statements are admissible in evidence.

https://www.canlii.org/en/bc/bcsc/doc/2003/2003bcsc209/2003bcsc209.html

R. v. Rover, 2018 ONCA 745 (CanLII)

Charter of Rights and Freedoms — Right to counsel — Delay — Police having grounds to seek search
warrant for his residence before accused's arrest but arresting him for drug offences before seeking
warrant — Accused immediately asking to speak to lawyer — Police delaying access to counsel for
almost six hours until they had obtained and executed warrant — Police testifying was routine policy to
prevent accused from talking with counsel until search warrant executed without regard to whether were
public safety or issues about preserving evidence in particular case — Police violating accused's rights
under s. 10(b) of Charter — Trial judge understating seriousness of breach — Violation very serious and
having significant impact on accused's Charter-protected interests despite absence of causal connection
between the breach and the discovery of the evidence — Admission of evidence bringing administration
of justice into disrepute — Canadian Charter of Rights and Freedoms, s. 10(b).

https://www.canlii.org/en/on/onca/doc/2018/2018onca745/2018onca745.html

July 19th, 2022

CANADA de ASTUDILLO, Alan
PROVINCE OF QUEBEC September 25th, 1987
District: MONTREAL 2560 Henri-Bourassa Est, Apt. 3,
Locality: MONTREAL Montréal, QC, H2B 1V5
File #: 500-01-234952-221
(Complainant)

vs.
HER MAJESTY, THE QUEEN

(Respondent)

Application for Stay of Charges

Charter of Rights & Freedoms, s.7, s.8, s.10 (b), s.11 (b)(c)(d)(e), s.24 (1), s.24 (2)
Criminal Code: s.503(1)(a), s.516(1)
______________________________________________________________________

Supreme Court: R. v. Reilly, 2020 SCC 27

Charter of Rights — Remedy — Stay of proceedings — Systemic breach — Accused arrested

and detained longer than 24 hours before being taken before justice for bail hearing, contrary to
s. 503(1)(a) of Criminal Code — Crown conceding that accused’s Charter rights breached by
detention —Trial judge finding that accused held for more than 24 hours because of systemic
and ongoing problem in province and staying proceedings — Court of Appeal holding that stay
inappropriate as individual remedy for systemic Charter breaches and setting it aside — No
basis for Court of Appeal to interfere with trial judge’s decision — Stay restored.
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/18509/index.do

Remand in custody

• 516 (1) A justice may, before or at any time during the course of any proceedings
under section 515, on application by the prosecutor or the accused, adjourn the
proceedings and remand the accused to custody in prison by warrant in Form 19,
but no adjournment shall be for more than three clear days except with the
consent of the accused.

https://laws-lois.justice.gc.ca/eng/acts/C-46/section-516.html

I was arrested June 30th, 2022, with an illegal No-Knock Raid, that damaged property & failed to
produce warrants 3 times that day. I never consent to no Bail Hearing delays of one week, this
is outrageous.
Plus all the other CASE FATAL CHARTER VIOLATIONS mentioned in the previous
communications, including the violation of right to privacy when discussing with attorney, which
at this point makes any future trial unfair. Since the intercepted communications were clearly
Defense Strategy following arrest. My DPR friends just killed you.

Briton dies in detention in breakaway east Ukraine region - July 15, 2022
https://www.reuters.com/world/europe/briton-detained-by-russian-backed-separatists-dies-tass-2022-07-15/

Lethal Force under section 34 (3) can be justified against SPVM, SQ, SECURITÉ PUBLIQUE,
DPCP & PINEL employees, barbarians with fictitious temporary corp titles & slave salaries…
and Sabotage, IEDs & Chemical Weapons remain at my disposal, and they can be used in spite
of illegal court orders & prohibitions designed to defend the lives of the criminals who kidnapped
my children for germanization, via perjury & the genocidal corporation of the COURT OF
QUEBEC inc. criminal employees, which are all war targets. I was only released after writing
threats to assault Prison Guards under s.34 (3) on paper.
Date: __ July 19th 2022__
Location: Montréal, QC___