Introduction

Criminal prosecution is hardly a process of simple undertakings, whether a peace officer, an officer of the court or a private citizen commences a judicial process alleging criminal wrongdoing, ultimately the facts governing the allegations must be brought before a court judge. This is fundamental practice within Canada, certainly, this is how I interpret the process according to the provisions of the Criminal Code.

This introduction initiates a series of web pages involving the Canadian Jurisprudence. These Web Pages are used as a stage to inform the general public, about issues that threaten to perturb the social order of our Nation, Canada.  

"Canada is a just and law-abiding society with an accessible, efficient and fair system of justice whose policies and programs that reaches deep into all communities".

Department of Justice Canada

Dating back to 2002, when my business office, located in New Westminster, BC, was raided by RCMP officers and Transport Canada officials holding a search warrant based on false information, sworn before a Justice of the Peace, the above quote took a different meaning. While I agree that Canadian laws give us a fair system of justice, I do not agree that the same holds true for current courtroom and law enforcement practices within Canada, exemplified by the mannerisms of Crowns, Judges and our Federal Police.

When considering all the data in my possession, referencing past courtroom practice, involving litigation before several Judges, numbering more than four thousand documents, including images and audio recordings, I am limited to summarizations with glimpses of reality, thus refraining from causing a document avalanche from occurring within these Web Pages. Unfortunately, preventing full exposure to the Canadian public of factual events involving maritime public safety, stands the fact that client information is privileged and must be confidential as per my professional Code of Ethics.

My encounter with RCMP officers, sometime in 2002, marks the beginning of my exposure to Private Prosecutions and court room experience in British Columbia. The accumulated results of all case files involving the RCMP, Transport Canada and the criminal prosecution of the Campbell River Harbour Authority (CRHA) not only exposes a decaying justice system it also exposes our lack of justice to our Southern neighbors and the world. Specifically, when I am in possession of a "letter of thank you" originating from the United States of America Coast Guard and Homeland Security. A letter that I am proud of, yet deeply embarrassed for being a Canadian. This letter symbolizes the fact that changes are necessary, aiming at preserving our Canadian Honor.

While I would like to initiate a boxing style blow to the judicial scoundrels that I encountered within the British Columbia Jurisprudence, I have to first bow to individuals that, via their court room behavior, try to promote a place of honor and integrity. Standing at the head of this honor row, I mention Judge Angelomatis, after several heated court room arguments involving past case files, he stood his ground, also letting me present my arguments and not throwing me out of his court room for no cause or because I won the argument. And, of great importance, his honesty at clarifying our current judicial system. Secondly, I mention Judge Dossa; an individual, from observation, that refused to say anything in court unless she was completely familiar with the case at hand and her determined interest to make sure the individual before her understood the proceedings, specifically when the defense lawyer was of no worth.

Judge Pitfiled, Supreme Court of British Columbia, merits a mention for not wasting court room time, insisting that full knowledge of the case before him is essential prior to a ruling and conducting the hearing with no childish like nonsense.

Lastly, I like to mention the "Little Judges", a term I use to describe Justices of the Peace to my wife, obviously in contrast, Judge Pitfield is a "Big Judge". Unfortunately, I cannot mention names and their methods at correcting my mistakes, this was my promise to them. These individuals not only have a greater knowledge of the criminal process, they try very hard to correct some of the wrongs occurring before a case file is before a higher judge. They insisting that properly worded and filed documents are a must. These individuals, namely "Justices of the Peace", together with citizen that initiate Private Prosecutions, form the biggest deterrent to lawyers, Crown Counsels and Judges from turning our British Columbia Courts into a "Club for Lawyers". Unfortunately, I believe that our current Courts reached this flagrant stage. And, it must be reversed in the near future or our Canadian Jurisprudence is of no worth. Further, bringing forth names of Judicial scoundrels seldom produces a positive outcome, insisting that good examples are better at achieving positive results. Therefore, I will limit mention of the scoundrels of the past on these web Pages.

In 1986, the Law reform Commission published Working Paper 52, entitled Private Prosecutions;

 "The authors agreed that private prosecutions were necessary because they enabled citizens to bring even police or government officials before the criminal courts where the government is unwilling to make the first move: see Working Paper 52 at pp. 19-20".

The authors concluded at p. 28:

"For the reasons given in Chapter Three, we believe that private prosecutions are not only desirable but also necessary for the proper functioning of the Canadian prosecution process. Our weighing of costs and benefits leads us to conclude that there are measurable gains not only to the citizen but also to the system of state prosecution in providing for private prosecutions as an adjunct to a public prosecution system".

"Society as a whole is the beneficiary where formal, positive citizen interaction with the justice system results in some additional control over official discretion.131 Also, the form of retribution which is exacted by the citizen’s resort to legal processes is clearly preferable to other unregulated forms of citizen self help. Further, the burgeoning case-loads which our public prosecutors routinely shoulder are, in some small measure at least, assisted by a system which provides an alternative avenue of redress for those individuals who feel that their cases are not being properly attended to within the public prosecution system. Finally, it is our believe that this form of citizen/victim participation enhances basic democratic values while at the same it promotes the general image of an effective system of administering justice within the Canadian state".

The above-mentioned quote regarding Private Prosecutions, does not reflect court room reality, yet full knowledge of such should be a pre-requisite to being a criminal court Judge. Also, the CODE OF JUDICIAL ETHICS enters the arena as to the conduct of Judges, specifically, when a Canadian citizen brings forth a Prima Facia Criminal Case. I no longer experience court room shock, the last few years produced an immune system where no court room activity surprises me. Specifically, when the Canadian Jurisprudence exhibits decay.

In conclusion, this brief introduction, regardless of the blame placed upon our Judiciary, ultimately, it is our fault for allowing our Canadian democratic system to run amuck, governed by the world's worse profession, lawyers. The following are, summarized hard facts encompassing my private practice before the courts of British Columbia.

(1) RCMP Sergeant, not charged with falsifying search warrant and contravening the Canada Shipping Act.

(2) Unseaworthy Canadian Registered vessel allowed to depart the Port of Vancouver, authorized by Transport Canada Steamship Inspectors, after falsifying my stability booklet with a genuine Canadian approval stamp. Thanks to honorable RCMP officers from the Marine Detachment, Nanaimo, BC, I have the evidence to show in court. The United States Coast Guard and Homeland Security issued a letter of thank addressed to me for my attempts to stop this vessel, yet they are not aware that Transport Canada officials falsified my stability booklet. Further, two Canadian Naval Architects issued warnings about the unseaworthy status of this vessel, myself and another well known Naval Architect, and were completely ignored by Transport Canada. Currently this case is not resolved in BC courts.

(3) Numerous commercial vessels of various tonnages, registered in Canada, continue to navigate within the BC coastal waters, without adequate stability. These stability booklets bear the official approval stamp of Transport Canada. These booklets contravene the Canada Shipping Act, 1975 Stability Criterion. This fact, includes the Tug "Inlet Challenger" that I recently re-fitted with sponsoons to correct its stability, approved for the last thirty years by Transport Canada when the vessel sailed with less than adequate stability, endangering the crew and the marine public. Unfortunately, no one was killed or injured, yet not the same applies to numerous others that capsized.

(4) Campbell River Harbour Authority, involving the case files 36999-1, 37034-1 and 37462-1, investigates financial fraud, so far the court process is quickly becoming an obstacle rather than a facilitator. Bringing the practice of Fraud within Canada to a global stage; a recent (2009) global economic crime survey reported by PricewaterhouseCoopers places Canada as the fourth most fraudulent nation in the world -- behind Russia, South Africa and Kenya. "Broadly defined, economic crime can encompass everything from bribery, embezzlement and manipulating financial statements to the theft of pencils from the office storeroom".

"We’re (Canadians) not as bad as many [developing] countries, but if you look around the OECD, the really developed economies with strong democratic governments, I think we (Canadians) are pretty high on the list for having a high incidence of commercial fraud,” says Mr. Grout. He says the reason for that is the lack of deterrents. “We don’t put anyone in jail,” he said".  The above-mentioned report holds true, the Board of Directors and office staff of the Campbell River Harbour Authority (CRHA) declared their confidence via various statements to harbour users that Court Files: 36999-1 and 37034-1 will not result in any criminal conviction.

Sincerely,

Captain E. G. da Costa Duarte