

Dr Donald J Netolitzky KC
3.3K posts

@DNetolitzky
An (annoying) Arcanaloth masquerading as a (surplussed) Microbiologist masquerading as a (retired) Lawyer. For now.










@DNetolitzky @DrSarteschi There were two letters



Official letter staying Didulo's case



Multiple Canadian news outlets are reporting that the criminal proceedings against HRM Queen of Canada Romana Didulo were stayed (dropped). So, what does that mean? We don’t know. And we’re unlikely to know unless the Crown volunteers an explanation. Or HRM Didulo sues for wrongful prosecution or such. There are multiple possibilities. But first there is one I can eliminate with some confidence: the Crown lost interest, or was shuffling this high attention media case into a corner. The reason I say that is a few weeks ago the Crown Prosecutor carrying the Didulo prosecution was switched to Pamela Larmondin. I’ve never dealt with Ms. Larmondin before, but when I searched for cases that reported her activities, what became obvious is she is a veteran, and a “heavy hitter”. Ms. Larmondin is extremely experienced, over 20 years in crown prosecutions, having worked with the federal Public Prosecution Service of Canada, the Ontario Crown, then now Saskatchewan. I located her acting as a lecturer in legal criminal law training sessions on constitutional law and criminal proceedings. She’s a subject expert. Scanning through the matters she's been involved with, there are very large and complex matters in Ontario, serious crimes involving drugs, and most interesting of all, back in the 2000s, Ms. Larmondin was part of the historic Ernst Zundel hate speech/antisemitism proceedings. This is a “higher status” criminal prosecutor, not someone whose been slinking along in the background. You don’t assign someone like that to a jaywalking prosecution. You reserve lawyers like her for serious matters, or instances where evidence and constitutional principles are involved and complex. If you are dismayed to see HRM Didulo going free, I very much doubt that is because the RCMP and/or Saskatchewan Crown “didn’t care”. A lot of resources were committed, and the length of the scheduled preliminary inquiry, nearly a week, tells me the Crown had a lot lined up. This was a substantial effort. Been around the Crown/police side enough to be confident this choice wasn’t easy. Bringing in Ms. Larmondin suggests there was a problem. So that leaves a number of alternatives, alone or in combination. (1) This was a Resource Versus Benefit Call. The Crown’s resources are stretched, and they can only fully prosecute a fraction of the criminal activity that comes before them. This situation is a reality in Canada. Some crimes get prioritized, like violence and sexual offenses. Others don’t, like regulatory offences, economic offences, “victimless crimes”. It’s possible that the Saskatchewan Crown Prosecutors looked at this matter, said HRM Didulo isn’t likely to get more than a slap on the wrist as a sentence. A fact - Canada’s criminal sanctions fall to the low end, and for a first-time offender, HRM Didulo would likely face no more than a kind of house arrest. If that. Against that is a possibly multi-week jury trial “with antics”. Being pragmatic, putting HRM Didulo before a jury of Canadians, and her being self-represented ... well, the odds wouldn’t be good for the Arcturian Queen. But that’s a lot of public resources for a comparatively limited result. Didulo faced a “breach of undertaking” charge, which is minor, and an “intimidation of a justice system participant” charge, which is potentially quite serious. But the latter charge is also a big unknown. So was this a costs versus benefit call? Possibly, but there’s a negative public relations consequence. Staying the charges was reported in almost every major Canadian news outlet in hours. There are multiple documentaries, podcasts, political attention, all directed at HRM Didulo. To be succinct, the Queen is not popular with the public. I’m pretty confident that staying the charges was stewed upon. This was going to be a landmark precedent case in Canada, if it had proceeded. So my very strong suspicion is the choice to end the proceeding wasn’t made casually. There’s a possibility HRM Didulo agreed to some non-court settlement, too. No data on that one way or another at this point. (2) There was an Evidence Problem. Something went wrong with the searches so that one of the many, many and ever expanding “gotcha rights” in the Canadian Charter of Rights and Freedoms is implicated so that some or much evidence is very likely to be excluded. This happens all the time in Canada. Our rules on searches and evidence are baroque, and getting weirder all the time. We’ll very likely never know what glitch, if any, came into play. Maybe it was the basis for a search warrant. Maybe it was taking a witness statement. Maybe HRM Didulo was not given her rights. Did she demand a “Natural Law” lawyer, and the RCMP said oh we don’t have any of those, could you give us a name? Did something like that possibly deny the Queen her right to legal information and representation? Were there nasty confrontations when the RMCP raided the not-a-school? Did someone say something rude? Was there anti-Arcturian racism? Or someone lost relevant records, or they were deleted? So many possibilities. In Canada, the scales are tilted wildly in favour of the accused when it comes to anything procedural, any right. There's a jab that we don't care about reaching the truth, than the procedural protection and process must be perfect. Eh. Thems the rules. Maybe that’s what happened. Calling in an expert Crown Prosecutor like Ms. Larmondin to do a salvage assessment makes sense. And the conclusion then was there isn’t a viable case, because of something rights or evidence related. The case against HRM Didulo goes poof. (3) Running a Pretend Vigilante Court isn’t Illegal. In Canada, things are illegal when the law says so. Specifically. I got in an interesting discussion with a non-Canadian academic/lawyer about this exact point a few weeks ago. I don’t see anything in the Canadian Criminal Code or common law that says operating a pretend court is illegal. In the US there’s an offense called “simulating legal process” which covers exactly these kind of antics. Canada doesn't have an equivalent. Let me illustrate how stupid this gets. There’s an offence in the Criminal Code called “personating a peace officer” (section 130). Here’s what’s illegal: 130 (1) Everyone commits an offence who (a) falsely represents himself to be a peace officer or a public officer; or (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be. Peace officer is defined in the Criminal Code very broadly to include the cops you’d expect, mayors, bailiffs, customs and border officials, fishery officers, even aircraft pilots. What it doesn’t include is people who are pretending to be members of a non-existent police force. So, there are cases in Canada where a fake pseudolaw cop who belongs to the “Territorial Marshalls” (there are no real Territorial Marshalls) was charged with personation, and acquitted. It’s illegal to pretend to be a real cop. It’s not illegal to pretend to be a fake cop. Yes, it’s stupid, and I expect the rules will change the first time some fake vigilante pseudolaw cops in Canada kill someone or something like that. It likely is in contempt of court to claim to be a duplicate of a real court in Canada. I cannot set up shop and call myself the Federal Court of Canada. But to say you are operating a wholly fictitious court, and issuing orders, arrests, sentences? I don’t think it’s illegal. There’s no offence for that. Nothing is written down that says that’s illegal. If that’s what was the basis for HRM Didulo’s intimidation of a justice system participant charges? Then that would be a new legal question. One I find very interesting, obviously. But if someone concluded that there isn't a illegal act here, I’d not argue. And now it gets worse. The section 423.1 intimidation of a justice system participant prohibited activity is: “No person shall, without lawful authority, engage in any conduct with the intent to provoke a state of fear”. Does HRM Didulo have the lawful authority to issue court decisions in a court of make-believe? It might not be illegal. In fact, this is probably protected freedom of expression. In Canada, rights to protest, to yell, publish things, that’s all very broad. Can I write the police to demand they arrest someone? Sure. And how do you differentiate between a politically sympathetic example, versus a pseudolaw one. On a conceptual basis, what’s the difference between a First Nations group claiming to set up a Court of Turtle Island and sanction a public official for “treason to Mother Earth” or whatever. Or is what HRM Didulo has been doing a religious activity? That too is a basis why Canadian government officials have to back off. Is it “intimidation” to excommunicate someone, casting them into the eternal lake of fire? “YAAAAAAAHHH!” (Bonus Jack T. Chick Reference!) No, it’s not. Then there’s the second part of the offence: “with the intent to provoke a state of fear”. Is that what HRM Didulo does? Or is she engaged in political or religious activities? Would it be reasonable to expect someone who receives a decree or order to experience “a state of fear”? I don’t have answers for these questions. In fact, I was very excited to hear a judge comment and explain their analysis and conclusions. What I can tell you is if I were sitting across a table from a Crown Prosecutor whose professional obligation is to only pursue prosecutions they believe can succeed, and that prosecutor says “I’m not sure I’ve got a hook.” I wouldn’t second guess them. They’re the dude on the line. Others like Dr. Sarteschi have commented on the probably effect of this result on HRM Didulo and her actions. They’re way better positioned than I am to make that call. So, I’ll just end with what I so often say when I speak about these people. Nothing much is going to change in Canada until there is a mass casualty scenario with pseudolaw aspects and adherents. And I very much hope I’m incorrect. Here’s some of the related reporting: theglobeandmail.com/canada/article… cbc.ca/news/canada/sa… globalnews.ca/news/11736333/…
















