CARLOS
CASE: NOT OVER BY A LONG SHOT
by Jane Gaffin |
Inquiries
are being made about the nest of federal "justice" employees
and regulatory authorities whose combined efforts committed excessive
bureaucratic abuse against the The more
people learn, the more agitated they are to think their own government
can drag a lone man into the Supreme Court of Canada (SCC) to decide
the intent behind the word "storage" that Parliament neglected
to define in legislation and the Criminal Code. To boot,
the whole thing was rooted in a personal vendetta. Two female
feds filed unfounded accusations in 1999 with the RCMP, who investigated
and shelved the incident as silly. Later, the report was resuscitated
by others. The whole
sordid mess begs for an independent public inquiry. Infractions against
his civil rights range from a bogus and embellished application for
a search warrant to a rigged decision handed down by the SCC on April
17. Some
see the SCC ruling as a step closer to a police state and should serve
as an incentive for the five-member Carlos family to seek asylum in
the It is
scandalous to drive an ordinary citizen into the highest court simply
because he was lawfully going about his personal business of loading
guns during routine handling and inspection of them in the privacy
of his home. What
happened to the day when private lives of law-abiding citizens were
private without the state's encorachment? A man's house used to be
his castle. Now the right to be secure against unreasonable search
and seizure (s. 8 Charter)has been turned
into an open season for police and inspectors to walk in and take
what they want, when they want. The SCC
ruling convicted Carlos of three firearms storage infractions for
which two lower courts acquitted him because the guns were considered
to be "in use". The Crown's appeal was an "as of right"
nuisance the SCC was obliged to hear. The five-paragraph,
summary-style decision was read within 10 minutes of the seven-justice
panel hearing 90 minutes of argument from the Crown and defence lawyers. The ruling
is virtually meaningless, except to specifically convict Carlos. It
quotes no law to substantiate the reason behind the ruling. Judges
in lower courts will still have to grapple with what the SCC intended
by "temporary" storage as opposed to "short interruption"
in handling which may or may not constitute storage. The matter
was referred back for sentencing to Ontario-based deputy judge Deborah
Livingstone, who refused to quash the search warrant but acquitted
Carlos after hearing his case in territorial court in July 2000. The Crown
and defence will submit written arguments regarding sentencing. I
have been appearing in court on Carlos' behalf every week or so while
both sides figured out a schedule. The matter has now been adjourned
to August 2 when a date for sentencing will be afixed. The storage
charges and conviction offend my sense of natural rights, fair and
natural justice and raises my ire. The charges carry jail time. If
a cell is part of the equation, then I am serving the sentence on
the condition somebody pays my bills while I'm away. Yes,
of course, I can act as surrogate. Truscott, Milgaard, Morin, Marshall,
Nelson are but a few names on the list of many who were raped by the
system and served time for somebody else. I can
write inside a closet; Carlos has to be on the land, even though in
the 57-page application for a search warrant some government wonk
wrongly accused him of being "unemployed", which was translated
into "dangerous". God,
give me strength. Carlos hasn't been "unemployed" in the
nearly 30 years I've known him. He just doesn't draw a government
cheque like those regulatory authorities who are resentful of his
successes. Carlos
earns his money honourably, through brains and sweat of the brow as
an independent hardrock mineral prospector. He is self-employed, not
"unemployed". Minerals come from the earth. He has to be
on the land to find them. Get it? The expert
woodsman needs his firearms for protection while working in the wilds,
too. Yet the "justice" department--in its "wisdom"--predicted
he was a "threat to society and to his family", albeit he
was never charged with such nor was he ever removed from his home.
Therefore, the search warrant became what is known in legal vernacular
as a "poisoned" warrant. A year
had passed before the police finished their "vacations, rotations
and whatnot" and stormed the family's upscale suburban home. The
four police officer
seized his gun collection with a warrant that said he was a "risk
to society and to his family". But they ignored the other tools
of his trade. Sharp knives and axes are always "loaded",
he contends. The Liberals
had Carlos marked for special treatment "since way back when"
in order to send a message to the gun community: "Be good, obedient
little Canadians. Bow down and show your love for
Our Regulations...or you're next." One gun
guy, not quaking in his boots over the heavy-hand of the Canadian
gun-grabbers, posted a clever Internet notice: "Buy a Gun - Help
a Citizen." "You
can show Al Carlos your support (not to mention your solidarity with
the Responsible Firearms Coalition) by making an offer on a nice little
pistol." A bidder
offered higher than market value because the money was earmarked for
the Al Carlos Legal Trust Fund, cached over in the Bank of Montreal,
Just
as judgments are often swayed by mob-think these days in the name
of "judicial activism", sentencing is often decided the
same way, too. This "mob of one", who knows the police shouldn't
have been in the Carlos house, believes strongly that the accused
deserves an absolute discharge and no criminal record. His valuable
firearms, including the adolescent daughter's Annie Oakley Commemorative
grouse gun, should be returned in the same mint condition as when
the Gang of Four seized the collection on Two young
officers attending were as puzzled by the purpose of the raid as were
Mr. and Mrs. Carlos and their grown son. They had promised Paula Carlos
to take care of the firearms while the valuable collection remained
in custody. This
"mob of one" believes financial recompense should be awarded
by the federal government, which is hiding a Supreme Court Challenge
Fund from Carlos (and me) somewhere in the "justice" department
in This
"mob of one" believes Carlos deserves an apology from the
RCMP, the "justice" department, the Chief Firearms Officer,
the feminists who filed unsubstantiated complaints, which were not
sworn affidavits, and from the federal mining regulatory agents who
manipulated the complainants, notably Leo VanKalsbeek (also a special
RCMP constable), and David Latowski, who has never met Carlos. In a
statutory declaration, which will become public when filed with the
court, I named names. The notarized document reiterates Latowski's
verbatim interview with CBC radio at The document
discusses some unsavory details surrounding this case in which the
Carlos family has been maliciously maligned, attacked and debated
at great emotional and financial costs for undue reasons. I address
state persecution of its citizenry and the huge stakes Crown attorneys
have in winning cases to enhance their careers. I give examples of
government agents, who are supposed to be public servants, withholding
services from the public over at Red Square, a.k.a. Elijah Smith federal
building. Since
the livelihood and future of an independent prospector and his family
depends on a healthy mining industry, the document discusses bureaucrats
making arbitrary, anti-mining policies, which often conflict with
statutes. Regulatory
authorities, who are given too much "discretionary power",
have a lengthy history of running roughshod over the constitutional
rights of individuals as well as companies. Over
the last 30 years, environmentalists who influence the law and environmental
sympathizers who enforce it, have managed
to destroy the hardrock mining industry. They are currently working
to dismantle the placer mining industry. The territory
has no economy. More than 10 percent of the Each
department is represented by blindly devoted officers who enforce
regulations as though they were "prohibition orders". Their
actions are a direct assault on miner's and the prospector's livelihood,
investment, property, legal security of tenure, as well as a threat
to his ability to earn a living in this territory. Carlos,
who was protecting his rights, property and means to earn a living
the only way he knew how, exercised his freedom of expression while
trying to fend off attacks from a huge gang of Goliahs who represent: The Department
of Indian Affairs and No Development; mining land-use division; water
resources branch; lands branch; Department of Fisheries and Oceans;
environment department; justice department; Yukon Renewable Resources;
Yukon Protected Areas Secretariat; Development Assessment Process
Secretariat, plus others. Before
joining the "In
"The
end result is always the same," he reminded. These
powermongers can do and say anything they want without risk of reprisals.
Anybody else who dares voice an opinion without protection of a uniform,
labour union or position of title gets arrested. Carlos
lost one battle. But the war isn't over by a long shot. The fight
for the defence of the wrongly convicted isn't over until I say it's
over, just as stalwarts have vowed the gun fight isn't over until
they say it's over. Carlos' troubles have possibly done more than
any one single factor to help galvanize the gun community nationwide. As soon
as the dysfunctional gun registry dies from lack of nourishment and
shredders are working overtime gobbling the odious firearms act and
regulations--which tread on fundamental rights and freedoms of every
individual, gun owner or not--and Carlos has shed his shackles, a
major victory can be declared. Allen
Carlos will be heralded as the vanguard who led what Mark Twain would
have described as a "strike for liberty, a struggle for a principle,
a stand against injustice and oppression." - 30
- Copyright 2004 diArmani.com |