The Legal Grinding of Brad Love
Free speech victims are slowly ground down by the judicial system. It is not just an abuse of process it is an abuse BY process.
In 2003, inveterate letter-writing Brad Love was sent to jail for 18 months for sending letters critical of immigration to 20 MPs and other public officials. He was saddled with increasingly onerous parole conditions, at one point, being forbidden to write to “any person” without their consent.
On January 19, having disposed to a host of charges in Fort McMurray Provincial Court — all but one was withdrawn by the Crown — Mr. Love was handcuffed by RCMP officers on an “outstanding warrant.” [Abuse BY process]
The Crown, a David Belanger, told Judge Cleary that, as the evidence for the list of charges was “circumstantial” [them. wny charge him in the first place?] he was withdrawing charges of “mailing scurrilous” material; (including the Canadian Immigration Hotline and Free Speech Monitor!) to an OXFAM campaigner and the local newspaper Fort McMurray Today. [Sec. 168]; causing a disturbance [Sec. 175.ii] and failure to attend court [Sec. 145.2]. On this latter charge (two counts). both alleged to have occurred last year, the Crown had been informed that Brad was serving a sentence for “breach of undertaking” (sending information packages to FOUR Jewish groups in Toronto) and had been so advised by Peter Lindsay, his Toronto lawyer.
Very ill-advisedly, Brad pleaded guilty to “harassing” the OXFAM operative, a Mr. Crossley, by sending him material through the mail and similarly harassing the the-editor of Fort McMurray Today. How the system works is this: charges are piled on a defendant, more court appearances hover on the horizon and, then, the accused is offered a “deal.” Mr. Love hoped to start a new job imminently and, thus, pleaded guilty to “harassing” these public figures by sending them material through the mail. He received a suspended sentence but is to have no contact with Mr. Crossley or the paper Fort McMurray Today for three years,. Thus, his right to communicate with the local press is severely limited. [Abuse BY process.]
In her sentence, Judge Cleary said: “Mr. Love has these views and he is not going to change. We are entitled to our views but there are limits.” There sure are in politically correct Canada where a person confronted with a politically incorrect opinion is likely to scurry off squealing to the police.
!['The Legal Grinding of Brad Love
Free speech victims are slowly ground down by the judicial system. It is not just an abuse of process it is an abuse BY process.
In 2003, inveterate letter-writing Brad Love was sent to jail for 18 months for sending letters critical of immigration to 20 MPs and other public officials. He was saddled with increasingly onerous parole conditions, at one point, being forbidden to write to "any person" without their consent.
On January 19, having disposed to a host of charges in Fort McMurray Provincial Court -- all but one was withdrawn by the Crown -- Mr. Love was handcuffed by RCMP officers on an "outstanding warrant." [Abuse BY process]
The Crown, a David Belanger, told Judge Cleary that, as the evidence for the list of charges was "circumstantial" [them. wny charge him in the first place?] he was withdrawing charges of "mailing scurrilous" material; (including the Canadian Immigration Hotline and Free Speech Monitor!) to an OXFAM campaigner and the local newspaper Fort McMurray Today. [Sec. 168]; causing a disturbance [Sec. 175.ii] and failure to attend court [Sec. 145.2]. On this latter charge (two counts). both alleged to have occurred last year, the Crown had been informed that Brad was serving a sentence for "breach of undertaking" (sending information packages to FOUR Jewish groups in Toronto) and had been so advised by Peter Lindsay, his Toronto lawyer.
Very ill-advisedly, Brad pleaded guilty to "harassing" the OXFAM operative, a Mr. Crossley, by sending him material through the mail and similarly harassing the the-editor of Fort McMurray Today. How the system works is this: charges are piled on a defendant, more court appearances hover on the horizon and, then, the accused is offered a "deal." Mr. Love hoped to start a new job imminently and, thus, pleaded guilty to "harassing" these public figures by sending them material through the mail. He received a suspended sentence but is to have no contact with Mr. Crossley or the paper Fort McMurray Today for three years,. Thus, his right to communicate with the local press is severely limited. [Abuse BY process.]
In her sentence, Judge Cleary said: "Mr. Love has these views and he is not going to change. We are entitled to our views but there are limits." There sure are in politically correct Canada where a person confronted with a politically incorrect opinion is likely to scurry off squealing to the police.
The surly RCMP would not confirm to me whether they had Brad in custody. On his instructions. I drove his car to his residence and secured his keys. Much later that night, he called me. He'd been released on $1,000 bail. The charges were four counts of breach of probation [Sec. 733.1] involving communication in Edmonton, November 13, November 24, 2014 and January 7 and 8, 2015, with unnamed media in Edmonton. "Being bound by a probation order dated the 13 day of July, 2012, [Mr. Love] did without reasonable excuse, fail or refuse to comply with the order in that he failed top abstain from any political speech, correspondence, communication or commentary with any media outlet." Yes, that bail condition was actually imposed by Ontario Judge Kelly Wright, not by some judge in Cuba or North Korea.
What's quoted in the charge is not exactly what Judge Wright said. I was there. She ordered: "Mr. Love is to refrain from any political speech or commentary to any media outlet, political, cultural or religious group or organization, or police organization."
At Mr. Love's first court appearance on these charges, he drove the five hours both ways to Edmonton only to find that he did not have to attend court but merely check in at the clerk's desk and get a new date. [Abuse BY process.]
Late Sunday night, March 8, Mr. Love was asleep. He'd gone to bed early to arise at 1:30 to head back to Edmonton for his next court appearance. His sleep was interrupted by knocking at about 12:30. The RCMP were there to arrest him for allegedly making threats while working at the Suncor site outside Fort McMurray. Apparently, a fellow worker had Googled his name and decided Mr. Love was a "White supremacist" and scurried off to the police. Mr. Love was held for more than 24 hours (the legal limit) before he saw a Justice of the Peace.
The police wanted him held in custody but the JP did not seem overly impressed with the charges, saying, "Mr. Love's beliefs are not part of this case," and released him on $500 bail.
However, he had missed his court appearance in Edmonton. On Tuesday, Mr. Love drove to Edmonton . "I arrived in the courthouse. My name was not on any list. In court, The Crown refused to bring my file up. I did not want to be charged with failure to appear. The judge told me to go around the corner to the police station and turn myself in. I did. I was told it takes 14 days for the system to get around to issuing a warrant for a non-appearance. I was told to come back March 17. What a screw around." That's another five hour trip each way to set a date. [Abuse BY process.]
"I can't even take a job now because I'll need two days off for these brief court appearances in the next month," he adds.
On April 8, he must appear in Fort McMurray on the most recent charge. The comical disclosure provided to him by the Crown notes that "Love wouldn't talk to the arresting officers."
"That's right," he explodes. "On March 1, I was charged with 'breach of probation' for calling the local RCMP detachment."
The disclosure, like a secret police file from some thug state, notes: "Love has a history of contacting police and the government."
"Damn right," he answers, "I'm a taxpayer."
And the abuse BY process continues. -- Paul Fromm'](https://scontent-lga.xx.fbcdn.net/hphotos-xpf1/v/t1.0-9/s851x315/11015077_437304903102422_9194935326995341272_n.jpg?oh=88d5e30e8fdb71d2d7b3148603ad9ee8&oe=55884DCD)
The surly RCMP would not confirm to me whether they had Brad in custody. On his instructions. I drove his car to his residence and secured his keys. Much later that night, he called me. He’d been released on $1,000 bail. The charges were four counts of breach of probation [Sec. 733.1] involving communication in Edmonton, November 13, November 24, 2014 and January 7 and 8, 2015, with unnamed media in Edmonton. “Being bound by a probation order dated the 13 day of July, 2012, [Mr. Love] did without reasonable excuse, fail or refuse to comply with the order in that he failed top abstain from any political speech, correspondence, communication or commentary with any media outlet.” Yes, that bail condition was actually imposed by Ontario Judge Kelly Wright, not by some judge in Cuba or North Korea.
What’s quoted in the charge is not exactly what Judge Wright said. I was there. She ordered: “Mr. Love is to refrain from any political speech or commentary to any media outlet, political, cultural or religious group or organization, or police organization.”
At Mr. Love’s first court appearance on these charges, he drove the five hours both ways to Edmonton only to find that he did not have to attend court but merely check in at the clerk’s desk and get a new date. [Abuse BY process.]
Late Sunday night, March 8, Mr. Love was asleep. He’d gone to bed early to arise at 1:30 to head back to Edmonton for his next court appearance. His sleep was interrupted by knocking at about 12:30. The RCMP were there to arrest him for allegedly making threats while working at the Suncor site outside Fort McMurray. Apparently, a fellow worker had Googled his name and decided Mr. Love was a “White supremacist” and scurried off to the police. Mr. Love was held for more than 24 hours (the legal limit) before he saw a Justice of the Peace.
The police wanted him held in custody but the JP did not seem overly impressed with the charges, saying, “Mr. Love’s beliefs are not part of this case,” and released him on $500 bail.
However, he had missed his court appearance in Edmonton. On Tuesday, Mr. Love drove to Edmonton . “I arrived in the courthouse. My name was not on any list. In court, The Crown refused to bring my file up. I did not want to be charged with failure to appear. The judge told me to go around the corner to the police station and turn myself in. I did. I was told it takes 14 days for the system to get around to issuing a warrant for a non-appearance. I was told to come back March 17. What a screw around.” That’s another five hour trip each way to set a date. [Abuse BY process.]
“I can’t even take a job now because I’ll need two days off for these brief court appearances in the next month,” he adds.
On April 8, he must appear in Fort McMurray on the most recent charge. The comical disclosure provided to him by the Crown notes that “Love wouldn’t talk to the arresting officers.”
“That’s right,” he explodes. “On March 1, I was charged with ‘breach of probation’ for calling the local RCMP detachment.”
The disclosure, like a secret police file from some thug state, notes: “Love has a history of contacting police and the government.”
“Damn right,” he answers, “I’m a taxpayer.”
And the abuse BY process continues. — Paul Fromm
![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.
.
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)
![Photo: Political Prisoner Brad Love Charged for Writing to His Own Lawyer
.
The decade long saga of state persecution of inveterate letter writer Brad Love reached a new low this week, when he was charged with writing a letter to his own lawyer
Brad Love called me from prison this morning and reported that, on November 28, police arrived at the prison in Lindsay where he's being held pending an appeal of the 18-month sentence he was handed for breach of probation.
He was charged with violating an Alberta bail undertaking or condition forbidding him to write, text or e-mail to any person. [Yes, that was a condition for freedom pending trial in Alberta, not North Korea!] In July, Brad went back to Court and had the bail conditions amended so that he could write to anyone, except the parties to whom he was charged with sending "scurrilous" political material.
"The cops are just bullies," Mr. Love told me. "They arrest the free speech guy in jail for writing to his own lawyer about free speech. It's crazy! I told them to check the paper work. I'm allowed to write to my own lawyer" Peter Lindsay, and, indeed, anyone other than certain politicians and media people in Fort McMurray."
Further, Mr. Love reported, a fellow inmate who had sent out some letters for Bad was warned: "You could be getting out of here soon. You'd better have nothing to do with Brad!"
Mr. Love is scheduled to appear in Court in Lindsay on December 12 to answer the "breach" charge.
If you would like to give permission to Brad Love to write to you, call Kevin Nesbit, Deputy Superintendent (Operations) for the prison and give your name and address and our permission for Brad to send you letters. The phone number is 705-328-6000.
You can write to political prisoner Brad Love, one of our "men behind the wire" at:
1.
Brad Love [557137416]
2.
3.
C.E.C.C.,
4.
5.
541 Highway 36,
6.
7.
Box 4500,
8.
9.
Lindsay, ON.,
10.
11.
K9V 4S6
A date has still not been sent for an appeal against Mr. Love's 2012 conviction and 18-month sentence for breach of probation.](https://fbcdn-sphotos-g-a.akamaihd.net/hphotos-ak-ash3/p480x480/1460054_248012342031680_492420005_n.jpg)
![Photo: From Canadian Political Prisoner, Brad Love
Brad Love, a decade after his conviction under Canada's notorious "hate law" (Sec. 319 of the Criminal Code) for writing non-threatening letters to public officials criticizing Canada's immigration mess, is still mired in the toils of repression. In July 2012, for sending some information packages to some Toronto Jewish groups, he was sentenced to a further 18 months in prison, plus a further three year gag order from writing letters to the media or politicians. He applied for bail; pending an appeal. In July, 2013, this bail was arbitrarily revoked. So, for the past three months, he's languished in jail, again for nothing more than the non-violent expression of his populist, no nonsense working guy views,.
Brad was employed in a lucrative job in Alberta's tar sands in Fort McMurray. The arbitrary imprisonment punishes him for his views, denies him an income and, ironically, denies the state a hefty junk of his pay in taxes.
Why not drop him a line or post card of support. He'll write back:
Brad Love [557137416]
C.E.C.C.,
541 Highway 36,
Box 4500,
Lindsay, ON.,
K9V 4S6
Here's the latest. Peter Lindsay, my lawyer,. will have my appeal heard in Nov. That's all I know. He is also working on retrieving my $22,000 in cash bail. Otherwise my once productive life is at a standstill.
In Free Seech News, we read of the following:
*** My hometown of Ft. Mac which ain't the bastion of western outspokeness, we were led to believe, radio station Rock 97.9 banned Neil Young, who compared oil sands development to Hiroshima.
*** In France, Bouchra Bagour sent her kid "Jihad" to school wearing a T-shirt emblazened with "I am a bomb". She was fined $2785.00, her brother 5,573.00. The max you can receive in France for such nonsence is 5 years in jail or a $62,694 fine.
*** In Ontario, the OPP showed up at the doors of outspoken cottagers, seniors to do threat assessments on their activities about nearby nuke waste dumping. They label this 'building relationships'. They did not investigate nor interview those who will not do the actual dumping. I call this 'KGB intimidation".
*** In Israel, they named some sort of bird park built on stolen land after Stephen Harper. In the Toronto Star. letter writers, some Jewish, complained of such bird brained hypocrisy. Personally, I'm hoping for a severe outbreak of bird flu!
Here in the Lindsay Jail, 200 illegal immigrant detainees shipped here from the West Detention Center (where Zundel was illegally held), went on a one-day hunger strike to protest being brought to this far from Toronto jail where phone calls and visits are long distance and lawyers hard to access. Of course, the Immigration Lawyers Society jumped in to complain.
Me, I'm from Alberta, and I'm in jail for simply writing about such scum. Can I complain too? As for an actual 'hunger strike'? We eat at 7:30, 11:30 and 4:30 p.m. 9 hours for 3 meals. In their shithole countries, I'd probably wait twice that long in jail for someone to bring me a cup of dirty water. Snivelling, uninvited urchins, all of them!
I received the multi-signed card from you and I read all the books I can get my hands on and the Star comes daily. I wrote their people as well whenever I see them gloating over dismissed fire fighters, gays/gypsies on the Lakeshore and oh yeah, free speech, which they seem to think is only for "journalists".
But hey, foul-mouthed, loud jewish comedienne, Sarah Silverman in toronto for JUST FOR LAUGHS is A-OK in their book.
I'm in the wrong biz.
Take Care,](https://fbcdn-sphotos-d-a.akamaihd.net/hphotos-ak-ash3/p480x480/554064_231460173686897_97355351_n.jpg)