Burnaby49 wrote:Ream is the only one of this gang I feel any sympathy for, he has always seemed to be in over his head, confused and lost. While he is the most active poster and an obsessive articulator of his position (if what he spouts can be considered coherent enough to be called a "position") I think he may actually have mental issues that might, legally, give him a way out. I don't feel that about the rest of them.
Mowe, in a previous posting, talked about Alex's One-Way Hell-Train to Incarceration but I'd suggest that phrase is more appropriately applied to Lange who seems to have doubled down and is in a full-throttle suicide run. Simpson seems the only defendant actively working on damage control. Jody Vaillant's disappeared from the scene, I think he plea bargained and I believe Smith is locked up but not sure about that. We're culling the sane and leaving the hard core for trial!
After all this despair and losses I wanted to revisit those wildly optimistic, happier days when things seemed to be going their way so I checked out the video links Mowe gave us from the time when the gang was driving to Kelowna B.C. to support Dean Clifford. All the links are dead! Has somebody been talking to lawyers?
I haven't been following the thread for a while, but I can maybe provide a little bit of general insight.
The charges against Jody Vaillant were dropped. He didn't plead to anything.
I'm assuming that Alex's arrest on January 9th was because of his outstanding bench warrant when he failed to appear for court back in September or October. Obviously, the moment he opened his mouth, the police would have had concerns about his mental health. The procedure that is followed is that once he's taken into custody, police either bring him directly to hospital for a psych assessment, or he's first brought to court to deal with his warrant. In the latter case, if anyone involved -- police, Crown, judge, duty counsel -- thinks there's a mental health issue, then the arrestee's bail hearing is adjourned for an overnight psych assessment. A doctor interviews the person, and gives a preliminary opinion on fitness to stand trial, and will also consider whether the person is certifiable. (This is also what happens if the police bring him directly to hospital on arrest.)
If the first doctor thinks he's certifiable, then he's seen by a second doctor the next day, and if that doctor agrees then the person is officially "certified", and kept in the psychiatric wing of the hospital. In practise, there are I think only three hospitals that are equipped to deal with violent/criminal people who are certified, Surrey, VGH, and Royal Columbian. So if he was certified at Burnaby, for example, he'd usually be transferred to Surrey.
The certification process in the Lower Mainland is problematic because they don't have enough beds. Often they have to cut people loose who are clearly mentally ill, and do represent a danger to themselves or others, but the risk is considerably less than the most recent guy brought in, so they find a way to decertify him. Those people often end up back in hospital within a short period of time, because (of course) nothing's happened to stabilize them. The other thing they do is, if the person is showing that he can be managed, he can be released from hospital on a pass. That may be what happened with Alex -- still certified, but released.
If at any point after his arrest on January 9th Alex was out of the hospital and on the street, then that means that somehow, someway, his outstanding warrant was dealt with, and he's back out on bail, so he won't be in-custody (meaning in jail) for his trial. He still may be certified, and they might be bringing him in from the hospital.
I'd be very surprised if they actually proceed with the charges against Alex. I thought the charges against Vaillant were a little bit stronger than the charges against Alex, though I didn't think either of them actually did enough that day to bring them within the scope of the Criminal Code.
I'm pretty sure David Lange has been around quite a while... I might be confusing him with someone else, but I think I remember him giving some "legal" advice to some members of a group called Fathers 4 Justice that seemed very similar to the whole Magna Cartians of the Freeland thing. (The grateful recipient of his wisdom spent 60 days in jail waiting for his trial on a minor assault charge, where the Crown was agreeing to his release on bail, was seeking only probation upon conviction, and where he was, indeed, convicted and received said probation.) Before that, I remember him having a beef in the Burnaby courts (back when they were still operating) about pesticide spraying, with similar kinds of arguments being made.
I really wish I could be there to watch the show at the end of February.