VICTORY AT NEW BRUNSWICK'S HIGHEST COURT!|
April 29, 2009
Dear Family, Friends and St. Thomas More Society workers, aspirants, and all men of good will,
We have much to thank God for in the result of the hearing at the Court of Appeal on April 29th!
We achieved a great though not final victory against formidable odds. I am filled with joy! And gratitude to God! Special thanks to our Good God to my beloved wife Madonna, my dear Mother and sisters, Veronica and Mary, brilliant Vincent and holy Matthew, my daughter Jennifer and son Pierre, wonderful Jerry D and Lenore, brave Marty G, prayerful Jerry A, oldest dear friend Peter R, beloved Joe W and dear Jacob, Thaddee R, and especially all those who were faithful to the Perpetual Novena (on our site; Don't stop now!) Thanks too to my beloved little children, Sarah, Hannah, Myriam and Seth for their oh, so powerful prayers. Special thanks to Jocelyn W for sending us wonderful Chantelle to babysit our little ones so Madonna could be there with me, so important to both of us.
The special presence of Bishop J. Faber MacDonald in the courtroom was a certain sign for me that God was with me. Bishop Faber is a holy and wise man, a true successor of the Apostles of Jesus Christ.
The Crown tried a bold manipulative tactic, sending a supplementary appeal book and a new 500 page volume of case authorities, all a mere six weeks before the hearing. They were planning to ask the High Court to deny me "leave" (permission to appeal) before the Court would hear my appeal arguments. It backfired. Big time.
This manipulative move was unheard of in serious cases and I was astounded that they would try such a thing in such an important constitutional case which involved freedom of religion and conscience under section 2(a) of the Canadian Charter of Rights and Freedoms, the governing law of all of Canada.
The issue of Leave to Appeal and Hearing of the Appeal have always been heard at the same time in the New Brunswick Court of Appeal, (formerly known as the Supreme Court of New Brunswick).
This means that the high court tribunal would normally hear all arguments first at the hearing. They would decide only in circumstances where the case was of no grave judicial or public importance, to immediately refuse leave to appeal.
This is what the Crown gambled upon, hoping desperately that the high court would not examine the full transcript of the lower court of Queen's Bench and thus see the true merits of this case. The Crown used a new 2008 Ontario Court of Appeal case known as "R vs RR" to suggest that my case was one which did not even merit granting leave to appeal the case. It was a ploy unheard of in The New Brunswick Court of Appeal in such an important case. I believe it quite likely was an act of pure desperation and was likely mandated by the senior lawyers representing Revenue Canada at their head office in Ottawa because of the irrefutable legal arguments contained in our lengthy transcript of the Appeal Court of Queen's Bench of October 24, 2008. This transcript can be seen under Legal Documents.
I think that since our arguments at the Court of Queen's Bench were supported by no less than four major Supreme Court of Canada cases, they doubted their ability to win on the merit of the law and they tried this ploy to catch the high court off guard. They did this out of fear, even suggesting that my defense was an 'artifice' that I held no sincere religious beliefs and my motive was merely a gambit to use civil disobedience as an agenda for social change. This was ridiculous as the lower court had already declared in its decision that I held a sincere religious belief based on my Catholic faith. They exposed themselves by using the words "artifice" and "insincere" in their Respondent's (Crown) Submissions. This was done because the Crown prosecutors were terrified of the only other option.
The other option was this: the New Brunswick Court of Appeal tribunal as a normal practice in a publicly important case would hear all arguments, allow leave to appeal and grant a reserve judgement wherein they would take several months to study all documents regarding the case.
This would include reviewing all pre-trial documents leading up to the Trial in Provincial Court by Judge Leslie Jackson, the Trial transcript, all written submissions to Judge Jackson on constitutional law submitted to Judge Jackson after the Trial of March 7, 2007 and the Trial Decision resulting in my conviction on November 7, 2007. Also and more important, the Court of Appeal could then study at leisure, all documents at the next highest court, the Appeal Court of Queen's Bench which rejected my appeal of the Trial decision in a plainly legally errant and injudicious manner. That judge, Mr. Justice Hugh McLellan listened to my almost three-hour oral submission of some 20,000 words and a brief 10 minute oral submission from the Crown and then, shocking everyone, immediately in 500 words threw out my appeal with weak and frivolous wording. This oral presentation transcript of mine is what I feel the Crown did not want to give the three Justices time to study.
Here is what happened at the highest court in New Brunswick on April 29, 2009:
The members of the N.B. Court of Appeal tribunal, The Honourable Madam Justice Margaret E.L. Larlee, The Honourable Mr. Justice Joseph T. Robertson and The Honourable Madam Justice Kathleen Quigg entered the courtroom and the senior Justice, Madam Justice Larlee immediately addressed the Crown Prosecution side of the courtroom.
These persons were Mr. Keith Ward, Seniour Counsel, Dept. of Justice, Atlantic Canada and his assistant counsellor, Ms. Suhanya Edwards and Canada Revenue Agent, Mr. James MacAuley. He had come to my door in August of 2004, almost 5 years earlier and delivered the demand notices giving me 90 days to file. (I responded with a 12 page letter and 50 pages of appendices, stating bottom line then (and at every court appearance since) that I will never file again and will go to jail until the law is changed.) These three persons were the only people on that side of the courtroom.
Speaking for all three members of the tribunal, Justice Larlee addressed the Crown. To paraphrase, she politely said that in New Brunswick, despite Ontario's methods, all arguments would be heard and then and only then would the matter of leave to make my appeal be decided. I was absolutely ecstatic at how wonderfully the Lord had answered my prayers! This immediately visibly deflated my opponents and I was invited forthwith to present my arguments as to why my appeal should be granted and the convictions quashed.
Moving to the imposing high court podium, I spoke for 90 minutes or so and the Spirit of God was upon me as Christ had assured me in my daily extra long holy hours over seven full months. I fully believed and so it was. On occasion I wept, yet I had full command of my thoughts, my speech and my passion and I knew with absolute certainty that the Third Person of the Blessed Trinity, God the Holy Spirit, was with me, despite the many questions that interrupted me by the Justices. I expected the questions and interruptions. I had no fear or loss of composure. The tears were gifts of the Holy Spirit as well, heartfelt and honest to the core. The three Justices and all in the courtroom heard the fullness of the truth as to what this case was all about. When I finished, our packed side of the courtroom was delighted, signaling and whispering many kind things that touched my heart. Madonna told me that I did very well indeed and how proud of me she was. In finishing the ninety minutes, I rested in my chair in the Lord peaceable and quiet in mind and soul as I had requested daily using a prayer composed by the great Saint Thomas More.
Then the Crown presented some unprepared and rather pretentious remarks about artifice and social agendum and other easily refuted statements. Mr. Ward spoke about twenty minutes, answered a few brief questions and then sat down. Then a one hour and ten minute lunch break was called.
Pierre, my oldest son and sharp as a razor on matters of law, had surprised me by driving all the way from Quebec City in the middle of the night to be there at 9AM. He was also at an earlier appearance in the lower court many months before.
During the lunch hour, Pierre and I huddled in the Bishop's huge rented Yukon and made rapid notes. I researched answers needed from questions asked of me by the Justices, particularly Justice Robertson. Pierre who had made notes during the Crown's brief presentation was rapidly writing responses which I felt were so germane, that I delivered them word for word when I delivered my rebuttal after the lunch break. I took about twenty minutes to deliver my rebuttal and asked the Justices if they had any questions and they politely, graciously, declined. I thanked the court and sat down.
Justice Larlee then delivered the terrific news. Leave to Appeal had been granted and she said they would reserve their judgment, that it would take some time, because of the translation requirements in both official languages and thanked the attendees and adjourned the court!
All I could say in my heart was Praised be Jesus Christ! I thought, "we had solidly beaten the Crown here today and I had at least four to six months of daily Mass and Holy Hours to pray that they would be enlightened by the Holy Spirit to render a verdict in favour of the little ones in the womb." I was overjoyed and filled with thanksgiving that the evil one had lost a great battle on this day!
The final decision of this appeal will be rendered likely in September. They will have three choices.
A) Quash the three convictions, stating that my freedom of religion and conscience had been violated under the Charter, acquit me of the charges and thereby vacate the sentences. This decision would almost certainly mean the Crown would be granted leave to appeal to the Supreme Court of Canada. The Justices could also advise or perhaps even order the federal government that in the interests of freedom of religion and conscience that tax dollars no longer be used to fund abortion in all of Canada.
B) They could order a new trial or hearing of my case under the Court of Queen's Bench by another Judge.
C) They could refuse my appeal and order compliance with the sentence of Judge Leslie Jackson and I would soon go to jail until the law changes prohibiting tax funded abortion.
It was a great day for all of us. Thank you all for your love and prayers, your support and your help for my family, especially you, dear son and brother, Matthew. Thank you once more, Dr. Joe M, for your backup pledge.
We really need funding now, as this will almost certainly end up in the Supreme Court of Canada. It will cost at least $200,000 for the little ones to be adequately represented. Please for the sake of all Divine Mercy for His love and our love of the little ones, do not allow me to remain self-represented at the Supreme Court of Canada. I am not ashamed to beg your gifts of money. I am representing all of you who love God and His wonderful gift of Life, the great mystery of His love. I am not ashamed a bit.
It is the time now to really sacrifice: to give alms from your substance, not your surplus. This is the power of almsgiving. Remember the widow's mite. Give for this most worthy cause for the very poorest of the poor, as my dear Blessed Mother Teresa called the forgotten, unloved, often hated unborn brothers and sisters of ours. We will stop tax-funded abortion in Canada, then all over the entire world. How will we do this? By the sheer invincible power of FAITH. We, the few, will change the world. For we will become Saints. And so will you if you will it.
Click on "Give Alms" today. Please. Or call me at the Toll Free number given on my contact page. Bishop MacDonald and I will be traveling to Rome very soon to see Pope Benedict. We need serious funding for this trip and other trips to call others to serve God's mission in the World St. Thomas More Society.
Help us, join us in seriously becoming a Saint! Browse this site, starting with the Home page to learn how you really can become a Saint. Read the letters referenced on the "Key Message" tab on the top menu and in the table at right. Read one a day. For one week. There are only seven. Remember this: read slowly and prayerfully. And listen above all to Dr. Peter Kreeft's audio referenced in the Mercy Sunday message.
You too, no matter what you think, can become a Saint. Just do it. You too can seriously, Pray, Fast, and Give Alms. These are the power engines to Sainthood, the Chief Apostolic works of the Church. And you too will become filled with joy everyday as I am, only because I just do it. Every day. I promise you this: you will suffer as the sweat of sin is irradiated by the Real Presence of Jesus Christ and you are formed in holiness daily before the Tabernacle, but you will find instant peace of soul (if you are in the state of Grace) and you will never lose your joy. I tell you just pray or sit in silence for one hour for seven days as a trial. And you will be changed forever.
Start today by giving alms as a pledge of commitment, a proof to God that you mean business. We could sure use it.
Every new step in the adventure toward sanctity becomes a sacrifice. For when you give alms from your substance, money earned from sweat and toil, you will never regret a single penny for God will surely honour your sacrifice and send you a sign of his pleasure and approval. To become a real living saint, all that is really necessary is to really want it and you can pray for the gift of that desire. If you do that for one week everyday for one hour before the Tabernacle. I promise you will never be the same.
"Give, and it will be given to you; good measure, pressed down, shaken together, running over, will be put into your lap. For the measure you give will be the measure you get back." Luke 6:38
Believe and do it. Just do it.
I love all of you who have stood with me all these years. Very much indeed. You are all in my prayers every day, by name.