May 7th, 2005

As an act of defiance, I am challenging the seatbelt law for the 3rd time, now. It is a bad law, as I strive to demonstrate through this challenge, intrinsic to serve, also, as an act of civil disobedience. So far, I'm down to 40 bucks.

My latest Application to a Judge of the Provincial Court was already proceeding when I arrived in the courtroom, five minutes early. A woman from Crown Counsel's office, I presume, was moving to have my Application agjourned, "sine die"; that's Latin, meaning, "no day".

She claimed to be, merely a "friend of the court" and just couldn't wait to give me my documents back, scurrying out of the room and down the hall, so fast that I had trouble keeping up with her. She wouldn't even tell me her name. Well, she should consider herself served, regardless. As for her name, it's on the record - at least it should be...

As I scan the exhibits, they will be posted, as well as front and back pages that contain registry stamps.

Violation Ticket No.AH08331530-1
Kelowna Registry

IN THE PROVINCIAL COURT OF BRITISH COLUMBIA

BETWEEN:

HER MAJESTY THE QUEEN

v.

David-Hunter: Thomson

Asseveration

I, David-Hunter: Thomson, a native of British Columbia, residing in Kelowna, in the Province of British Columbia, DO HEREBY MAKE OATH AND SAY AS FOLLOWS:

1. I am the accused herein and as such have personal knowledge of the facts and matters hereinafter deposed to, except where the same are stated to be based on information and belief and where the same are so stated I verily believe them to be true.

2. This asseveration is provided in further support of my reasons for challenging existing seat-belt legislation.

3. Extenuating circumstances demand for my best interests and safety, that I challenge this "bad law", that I believe is far more detrimental to my safety and well-being and that of my fellow British Columbians than any successful application of the above-noted "bad law"; i.e.:
a) Seat-belts do not necessarily save lives and are occasionally even responsible for fatalities.
b) Seat-belt law is an arbitrary law, exempting a host of drivers and passengers, based on matters of commerce and speed of travel.
c) As such, the imposition of fines for "violations" serves only as a tax, violating our right to the free use of common roads and highways and impeding our right to travel, while mis-allocating our communities’ policing resources.

4. Regarding the alleged offense, I would add that I was not and did not exceed 70 kilometers per hour at any time during this latest incident in question. In fact, I was braking to a stop, traveling less than 5 kilometers per hour when Officer Podmoroff pulled me over and issued me the ticket that I am presently speaking to.

5. Just as important to me though, as the above, I have continually exercised my right and refused to wear a seat-belt, as an act of civil disobedience to show my dis-content for the flagrant violations of law that I have witnessed as a victim at the hands officers of the Supreme Court and others associated with the administration of justice in the Province of British Columbia.

6. My acts of civil disobedience are motivated by my recognition of my duty to my fellow country-men, to expose for all to see that a criminal element that has deposed the authority of the law in this province.

7. These acts of civil disobedience have progressed in magnitude and imagination since 1996, when I became firmly convinced that the administration of justice in this province had been severely maligned by self-serving interests.

8. These acts now give me the opportunity to put my concerns on the provincial court bench.

9. During the hearing of a previous Violation Ticket # AH08253487-1, Judge Taylor asserted that he would not look at my web-site, an on-going publication of events and evidence that expose more and more, the criminal activities that have befallen others and not just myself, at the hands of a corrupt element of our administration of justice.

10. I believe that Judge Taylor was offended by the outrageous domain-name that I have chosen for my web-site, which I chose in reflection of my outrage at witnessing such corruption at the hands of the Supreme Court.

11. I believe that it was the outrage that Judge Taylor experienced that caused him to err and in so doing, cast an unfair bias against my right to full answer and defense.

12. This bias further caused my critical, published material to be squashed, material that validates my position, entirely, thus casting for me, further aspersions on the reputation of the court, a reputation that, sworn to be upheld, would be best served, I believe, by the acknowledgement of the facts, rather than be seen to be suppressing the facts, even as bold and relevant as they are.

13. At the close of that hearing, Judge Taylor, in his ruling on the matter, said to me, "Mr. Thomson, I take it, you don’t like wearing your seat-belt." or words to that effect.

14. I believe that Judge Taylor was mistaken; I am just as concerned about the apparent hi-jacking of our very court system, threatening my safety and well-being as I speak out in opposition, as is my duty to my fellow citizens.

15. I believe that the court has a duty to uphold the laws as set out in the Criminal Code, uniformly and independent of any personal bias even if it might only be a perceived biased.

16. I believe that the court exists as a function of any law-abiding society, for the benefit of the public; beneficial to the well-being of families, mandated to act "to set the example for society to follow."

17. I believe that the court has a duty to live by the oath of office that every officer of the court does swear upon acceptance to our institution of Justice, here in Canada.

18. I believe that the court has a duty to give aid and direction, even offer it up, intuitively and that I am entitled to ask the court for aid and direction.

19. I believe that the court has a duty to consider establishing deterrents in passing judgments.

20. I believe that courts should always be seen to be acting in good faith.

21. Raymond LaHue took a scythe into a courtroom in his firm belief that our judicial system was corrupt. He served seven years without parole, having been found not guilty of attempted murder but guilty of aggravated assault. He was seventy-two years old when he committed the offence. I know this to be true, having been invited to testify, last November, at a subsequent hearing, asked to substantiate Mr. LaHue’s continued and fervent concern that corruption abounds in our courts.

22. Eddy Haymour took a machine-gun into a Canadian Embassy in his bid for an independent judicial review. This I know to be true, having researched archived newspaper accounts, court and internal government files, some accessed through requests to the Privacy Commissioner, correspondence, etc., co-authoring a book, in collaboration with Eddy Haymour.

23. Darrin Whyte simply hung himself in response to, what I believe to be his justified perception that the court was behaving unjustly and with bias against him.

24. I have personally gone so far as to spray-paint along road-sides, the domain-name of my web-site, "www.ourcourtssuck.com", which I have stenciled in large red and blue lettering.

25. I wish to be clear that I am opposed to force and violence, having no record of conducting myself in any way, other than civilly.

26. About the third week of August of 2004, a Wednesday afternoon at about 1:45 P.M. I entered the foyer of the offices of the Crown Counsel in Kelowna, intent on serving a copy of my affidavit that I’d filed in relation to my previous challenge of the seat-belt legislation. In all, three prosecutors refused to accept service of my document, then two sheriffs appeared, so I simply dropped my document on the floor.

27. As I attempted to enter the elevator one of the sheriffs assaulted me as I stepped away from him, shoving me ahead, into the elevator, then shoved my affidavit back into my mid-sectionas I turned about to face him, causing me to instinctively grab it. I was escorted downstairs by both sheriffs and told that I would be arrested if I returned. I was too distraught, intimidated, fearing for my personal safety, to ask what charge would I be detained on.

28. I live in constant discomfort and fear over simply exercising my duty as a civic-minded, family-oriented, citizen, born and raised in British Columbia.

29. My question to this court is:
"How far must people go; how many people must partake before this court will admit that there is sufficient corruption, so as to warrant the facilitation of an orderly, independent, public review, complete with the prosecutorial power to let it be seen that justice is being carried out?"

30. Based on the foregoing/above, I verily believe I have reasonable and probable grounds to demand this court to accept this asseveration as the basis for my sworn information under the Criminal Code of Canada, to issue bench warrants and summary convictions where with-in, prima-facia evidence confirms anyone’s participation in criminal misconduct, beyond any shadow of a doubt.

31. Based on the foregoing/above, I verily believe I have reasonable and probable grounds to demand this court to accept this asseveration as the basis for an independent, public investigation into these allegations that I dutifully assert; an investigation with all the prosecutorial powers of any other court in the land.

SWORN BEFORE ME in the City of )
Kelowna, in the Province of British )
Columbia this 31st day of March 2005.)

____________________________
____________________________
A Commission for taking Affidavits ) David-Hunter: Thomson
In the Province of British Columbia )

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