Monday, October 29, 2018

if i want immediate action on the prints, it looks like i'm going to have to file a s. 8 [search & seizure] on it, too. the ordering of what happened is important.

- i was arrested around 21:00
- i was fingerprinted around 9:00 the next morning
- i wasn't charged until 17:00 that night.
- i do not believe that the decision to proceed summarily occurred until the file was transferred to chatham.

that means that i was fingerprinted before i was charged - which i would assume must be a breach, if it can be shown that i was illegally arrested.

so, we're going with:

s. 2 - speech violation [annoying communication is not harassment]
s. 7  - illegally detained [as i was arrested without a warrant on a hybrid offence]
s. 8 - illegally fingerprinted  [because i was illegally detained]

if i cannot get the judge to order an immediate file destruction on a charter breach, i'm going to have to wait two years for the prints to be destroyed....which means i'm going to be sitting here in windsor very bored for a very long time.

that said, if i get a settlement, i won't be staying here - i'll probably buy property in waterloo.