Whatcott Update, Crown opposes Whatcott Having Jury Trial
Dear Friends,
I had my hearing last Monday and my next hearing is scheduled for Monday, July 15 in the Toronto Superior Practice Court for 9:00 am, Toronto time. My pre-trial conference, which I will not be a part of, will be July 5 and possibly 6. The charge I am being tried for a second time, having been once acquitted already, is “Wilful Promotion of Hatred.” This is related to disguising myself as a Gay Zombie Cannabis Consumer and marching in the 2016 Toronto Homosexual unGodly Pride Parade and handing out 3000 Gospel flyers warning about the health, social, and spiritual consequences of the homosexual lifestyle and offering the forgiveness of sins through the shed blood of Jesus Christ.
“He has delivered us from the domain of darkness and transferred us to the kingdom of his beloved Son, in whom we have redemption, the forgiveness of sins.”
Colossians 1:13,14
The Crown elected to proceed by indictment, rather than by summary prosecution. Indictable is more serious and carries a maximum sentence of two years in prison and it is my understanding that this is why I am entitled to a jury trial, rather than being tried by judge alone. Interestingly, the first time around I had a right to a jury trial and this was acknowledged by Justice Goldstein and preperations were being made for a jury trial right up to the last moment when on my former lawyer John Rosen’s advice, I elected to go judge alone. In December 2021, I was acquitted and I thought that was the end of the matter.
The Crown Attorney appealed my acquittal and in August 2023 the Ontario Court of Appeal decided my acquittal was a serious legal error, as the judge in my first trial did not properly consider the “expert” evidence of Nick Mule,’ a homosexual activist from York University and a member of Queer Ontario. Nick Mule’s expertise was in Kink and Queering Social Work and he wrote a paper arguing I committed microggressions when I distributed my flyers in the pride parade and these microagressions caused “minority stress” amongst pride participants and this was criminal hate speech.
Legally speaking, I can’t show you the flyer that is alleged to be a microagression and possibly criminal hate speech, but I know MassResistance put it up on their website in the United States.
Even though I had a right to a jury trial for my first trial, my lawyer has advised me the Crown Attorney is opposed to me having a jury trial for my second trial. Their argument is I waived my right to a jury for the first trial and a jury trial is too expensive to be justified for the second trial. Of course I didn’t ask for a second trial, it’s the Crown that decided to appeal, not me.
Anyways, I haven’t been able to get hold of my lawyer since court last week, but as I get more information, I will let you know what is happening. I believe my lawyer is petitioning the courts as we speak to allow me to exercise my right to a trial by judge and jury for the second trial, just as I had that right for the first trial.
In Christ’s Service,
Bill Whatcott
“The Lord shall preserve you from all evil; He shall preserve your soul. The Lord shall preserve your going out and your coming in from this time forth, and even forevermore.“
Psalm 121:7,8