Appearing before Mr. Justice Chester this morning, Crown Attorney Jennifer Broderick withdrew a charge of breach of undertaking (bail) against Mr. Love.
The charge should never have been laid. Last May, Mr. Love was charged with several counts of sending “scurrilous” material through the mail and harassment of several Fort McMurray media people and politicians, He had sent them non-threatening political literature and had phoned them. In hypersensitive, politically correct Canada, recipients of critical or — that empty all pervasive term of negativity — “inappropriate” material, instead of tossing it in the garbage, call the political police.
Mr. Love’s initial bail conditions might have been forged in North Korea. Mr. Love, already in prison for five months awaiting an appeal date for a May, 2012 conviction and draconian sentence of 18 months for breach of probation — sending information packages to four Toronto Jewish groups — was charged by police on November 28 for writing to his own lawyer, Peter Lindsay.
![Photo: Brad Love -- Another Two Weeks in Jail Waiting for the Crown to Get Documents
LINDSAY, January 20, 2014. At mid-afternoon, the court could hear the clanging of chains from behind the door leading down to the cells. Brad Love's distinctive voice could be heard talking to the two burly prison guards in bulletproof vests. The door opened and there was the prisoner in leg chains -- a dangerous letter writer, accused of sending a letter to his lawyer!
Mr. Love, already in prison for five months awaiting an appeal date for a May, 2012 conviction and draconian sentence of 18 months for breach of probation -- sending information packages to four Toronto Jewish groups -- was charged by police on November 28 for writing to his own lawyer.
Bail conditions stemming from a charge last May for sending "scurrilous material" and harassing several media people and politicians in Fort McMurray forbad him to "communicate by post, e-mail or text" with anybody. [Yes, such tyranny was imposed in Canada!] With CAFE's help and legal research, Mr. Love appeared in Court in Fort McMurray, July 11, 2013 and had the bail conditions amended so that he was forbidden to communicate only with the parties involved in the complaint against him -- a significant victory.
The Crown, however, despite Mr. Love's court appearances December 19 and January 2, seems unable to locate the transcript of the order.
Crown prosecutor Lucas O'Neil said: "I understand the issue is whether there was a variation. Since the last court date [thanks to Peter Lindsay, Mr. Love's lawyer in the appeal] we have received a certified copy of the information and it's our belief the condition remains in effect. I can advise that I will review the file and reconsider before we go to trial. I would accept a guilty plea and a three month sentence consecutive with the time already served."
Mr. O'Neil charged that Mr. Love "had been cautioned about the conditions on the recognisance on November 19 by an investigative officer with the OPP. Yet, still he wrote a letter to his lawyer and inside was a second envelope with letters to the Toronto Star and MPs, with a handwritten note asking that these letters be forwarded."
Mr. Love, acting as his own counsel, retorted: "Any mail from prison to my lawyer is privileged under the Charter of Rights and freedoms. On July 11, I was granted an oral amendment of my bail conditions. It is being transcribed as we speak. Eighteen days ago, the Crown told me to breach what they are arguing is my recognisance by contacting my lawyer" to obtain the transcripts from Fort McMurray! Mr. Love urged the judge to dismiss the charge and complained: "I still have no appeal date. This matter has been going on far too long. This charge is holding up my appeal."
Referring to the offer of a guilty plea and three months in prison, Mr. Love rejected the deal: "Three months is a little harsh for a breach, when others get far less for violent acts."
The judge Mr. Justice McDougall said: "There is no such thing as an oral amendment."
Mr. Love said the transcript of the July 11 hearing and amendment was being prepared in Alberta."
The judge then asked the Crown a hitherto unconsidered question that struck a layman as painfully obvious: "Did anyone ever ask if this order was over-reaching?" -- a polite way of saying wildly unjust and unfair."
The Crown seemed flustered: "Mr. Love agreed to it" (in order to obtain his freedom and return to work). I can make some further inquiries."
A frustrated Mr. Love demanded: "I want this settled today. Nothing in the court documents sent from For McMurray deals with the July 11 hearing. This matter is holding up my life. I ask that the charge be withdrawn."
"I cannot do that," said Crown O'Neil. "I will make further inquiries about the oral variation."
So, the matter was put over until February 3.
Speaking to CAFE the next day, Mr. Love described a case where a prisoner was charged with assaulting police. The Crown wanted a 55 day sentence. Yet, for writing a letter to his own lawyer, the Crown was demanding 90 days for Mr. Love. Political dissidents in Canada are always treated more harshly than violent run-of-the-mill criminals.
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Reviewing the previous day in Court, Mr. Love said: "I got them to admit they had opened my mail sent to my lawyer from prison."
He also said that, when he appeared before the judge in Alberta, July 11, the judge agreed that the condition that Mr. Love was not to write, e-mail or text anyone was extreme. The amendment of the bail condition was oral, but "it is now being transcribed into paperwork,. Peter Lindsay has paid for it to be transcribed."
In another development, Mr. Love had complained to the Ontario Ombudsman's office about the opening of his mail to his lawyer. "I received a snarky answer: 'Mr. Love you are under Court order not to write or contact anyone!'" Actually, the original bail conditions only prohibited writing, not phone calls. -- Paul Fromm](https://fbcdn-sphotos-f-a.akamaihd.net/hphotos-ak-prn1/t1/p480x480/1601069_266357673530480_90661019_n.jpg)
The scandal is that the Crown studiously ignored and clearly did not adequately investigate Mr. Love’s honest assurances from the beginning that the condtions had been varied. Also, several Ontario Crowns seemed to see no problem in conditions that might even make Kim Jong On blush — no written communication with anyone!
And still Canada’s preachy and pompous Foreign Minister John Baird will lecture Russian Premier Vladimir Poutin about Canada’s commitment to free speech while denouncing Russia’s anti-homosexual propaganda law, more limited but not unlike Canada’s “anti-hate propaganda” law, under which Mr. Love was originally charged back in 2003.
You can write to political prisoner Brad Love, one of our “men behind the wire” at:
Brad Love [557137416]
C.E.C.C.,
541 Highway 36,
Box 4500,
Lindsay, ON.,
K9V 4S6
CANADA