Monday, 14 January 2013

Content



Notice of Prosecution/File Number 9381805

New Brunswick Provincial Court (Provincial Court Office of Fredericton)
BETWEEN:
THE CITY OF FREDERICTON
and
ANDRE MURRAY

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THE CITY OF FREDERICTON Bylaw: T-4 Section 15

With respect to THE CITY OF FREDERICTON bylaw prohibiting cyclists from the reasonably safe option of riding bicycles on the sidewalk pavement, readers may be interested in a challenge I filed with the Provincial Court to have the by-law recognized as unconstitutional, which clearly explain why this by-law is unconstitutional. 


Date of alleged incident: October 7, 2011.

Brief description of events:


1.                       I André Murray while maintaining the peace, was at approximately 4:20 p.m. arrested Friday, October 7, 2011, at or near 525 Aberdeen Street Fredericton N.B. by members of the Fredericton Police Force. I did immediately inform the arresting police officers that I André Murray, “I do not consent and I waive all the benefits”. I André Murray understand to be fact and I verily believe to be true, the subject members of the Fredericton Police Force cannot assume or presume jurisdiction, over an individual, namely myself André  Murray once they are informed otherwise.

2.                        I André Murray was provided a document which was referred to as a “ticket”, I was informed that I would have to pay $50 for riding on the sidewalk with a bicycle, FREDERICTON MUNICIPALITY BY-LAW INFRACTIONS/G 219324. I André  Murray, in due diligence and in good faith conditionally accepted the “ticket”, upon proof of claim that the “ticket” applied to me and that I André Murray was obligated to accept the benefits offered and furthermore, I was obligated to accept the “ticket”. I André Murray was never asked to endorser the document with a signature and I did not at any time provide my signature to the subject document.

3.                       The arresting Fredericton Police Force members were Constable David Beck and Constable L. Comuzzi.

October 12, 2011, Complaint Regarding Police Conduct.  Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.


October 18, 2011, Notice letter from THE CITY OF FREDERICTON, as a reminder to pay outstanding Bylaw Ticket. Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

October 28, 2011, complaint dismissal letter from the Chief of Police, THE CITY OF FREDERICTON. Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk. This Complaint Dismissal letter must have broken a record with merely 16 days between receiving complaint and deeming complaint dismissed as being frivolous.

November 16, 2011, Demand Payment of $50.00 and Summons to Defendant, Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

November 16, 2011, Summons to Court. Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

I Andre Murray did try to resolve this matter through negotiation, a copy of the Correspondence may be read here, and a description of the correspondence is as follows:


1.                       Tuesday Oct 11, 2011 at 2:00PM, I André Murray did telephone Constable David Beck regarding inquiring into the ADMINISTRATIVE TICKET REVIEW process which was available to me, pursuant to information found on the alleged “ticket”, FREDERICTON MUNICIPALITY BY-LAW INFRACTIONS/G 219324.

2.                       Tuesday Oct 11, 2011 at 2:36 PM I André Murray, did email Constable David Beck regarding subject: ADMINISTRATIVE TICKET REVIEW, emailed from: André  Murray Andremurraynow@gmail.com to: David.beck@fredericton.ca.  A copy of this e-mail is attached as Exhibit “A”.

3.                       Tuesday Oct 11, 2011 at 2:55 PM Constable David Beck did forward my request to Madonna Peddle,  to assist me with this further, subject of the email was “FW: ADMINISTRATIVE TICKET REVIEW” from: David Beck,  David.Beck@fredericton.ca,  to:  Madonna Peddle, madonna.peddle@fredericton.ca cc: "André murraynow@gmail.com" <Andremurraynow@gmail.com>
A copy of this e-mail is attached as Exhibit “B”.

4.                       Tuesday, October 11, 2011 at 3:02 PM I André Murray, did receive an email from Madonna Peddle, the subject of said e-mail was “city by-law ticket” from Madonna Peddle, madonna.peddle@fredericton.ca to: "Andremurraynow@gmail.com". A copy of this e-mail is attached as Exhibit “C”.

5.                       Monday, October 24, 2011 at 4:29 PM I André Murray, did e-mail Constable David Beck and forward same email to Madonna Peddle, the subject of said e-mail was “Re: FW: ADMINISTRATIVE TICKET REVIEW” from: André  Murray Andre murraynow@gmail.com to:  David Beck <David.Beck@fredericton.ca>
cc: madonna.peddle@fredericton.ca. A copy of this e-mail is attached as Exhibit “D”.

6.                       Tuesday, October 25, 2011 at 9:29 AM Constable David Beck did e-mail me and forward same email to Madonna Peddle the subject of said e-mail was “RE: FW: ADMINISTRATIVE TICKET REVIEW” from: Beck, David David.Beck@fredericton.ca  to: André  Murray Andremurraynow@gmail.com cc:  Madonna Peddle,  <madonna.peddle@fredericton.ca>. A copy of this e-mail is attached as Exhibit “E”.

7.                       Tuesday, November 29, 2011 at 2:24 PM I André Murray, did e-mail City Solicitor Michelle Brzak, the subject of said e-mail was “Attention Time sensitive Information Request” from: André Murray Andremurraynow@gmail.com to: legal@fredericton.ca. A copy of this e-mail is attached as Exhibit “F”.

8.                       Wednesday, November 30, 2011 at 4:31 PM, I André Murray, did receive an e-mail from the City Solicitor’s office, from Donna Legacy, On behalf of the Legal Division The City of Fredericton the subject of said e-mail was “RE: Attention Time sensitive Information Request” from: LEGAL DEPARTMENT legal@fredericton.ca to: André Murray Andremurraynow@gmail.com. A copy of this e-mail is attached as Exhibit “G”.

9.                       Wednesday, November 30, 2011 at 4:37 PM I André Murray did e-mail Donna Legacy of the City Solicitors office, the subject of said e-mail was “Re: Attention Time sensitive Information Request” from: André  Murray Andremurraynow@gmail.com to: LEGAL DEPARTMENT legal@fredericton.ca. A copy of this e-mail is attached as Exhibit “H”.

10.                   Wednesday, November 30, 2011 at 5:09 PM I André Murray did e-mail, Madonna Peddle the subject of said e-mail was “Re: city by-law ticket” from: André  Murray Andremurraynow@gmail.com to: "Peddle, Madonna" madonna.peddle@fredericton.ca. A copy of this e-mail is attached as Exhibit “I”.

11.                   Thursday, December 1, 2011 at 9:21 AM, I André Murray did receive an e-mail from the City Solicitor’s office, from Donna Legacy, On behalf of the Legal Division The City of Fredericton the subject of said e-mail was “RE: Attention Time sensitive Information Request” from: LEGAL DEPARTMENT legal@fredericton.ca to: André  Murray Andremurraynow@gmail.com. A copy of this e-mail is attached as Exhibit “J”.

12.                   I André Murray verily believe No agent for THE CITY OF FREDERICTON has yet provide the requested definitions of any relevant words, nor have they provided proof of claim that the alleged claims apply to the myself André  Murray, nor that myself André Murray am obligated to accept the benefits offered.

13.                   I André Murray verily believe THE CITY OF FREDERICTON has failed to provide proof of claim to myself, therefore there is no dispute between the parties, simply put, an offer was made and an offer was in good faith conditionally accepted, there the matter stands.

14.                   I André Murray verily believe, since THE CITY OF FREDERICTON has failed to substantiate their claims against the André Murray through negotiation and discussion, further, there since it is a fact there lacks an injured party, THE CITY OF FREDERICTON has no locus standi in this matter before the Court.


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THE CITY OF FREDERICTON filed incorrect documentation to process an alleged ticket for riding on the sidewalk with a bicycle.

FORM 1 Information provided by Madonna Peddle, Summons Clerk for THE CITY OF FREDERICTON,  Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk. Notice that this document is not signed or dated. This document is typical of what is shoved in the face of a Defendant who is appearing regarding a Bylaw matter. One has a right to full disclosure before a plea is entered, though the Court will not inform you of this.

November 16, 2011, FORM 1 Information with Justice Julian Dickson's notes on back regarding not attorning to jurisdiction of Court Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.


Defendant: Self Represented
Solicitor for THE CITY OF FREDERICTON: George E. Kalinowski,

(1) Notice of Motion, Date September 25, 2012:
            Application/Affidavit  documents


January 11, 2012, Notice of Motion Challenging Jurisdiction of the Court, used for January 11, 2012, Without Prejudice, by way of Special appearance, Hearing of a Bylaw Matter. Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

January 11,2012, Affidavit Andre Murray, supporting Motion to Challenge Jurisdiction of the Court.  Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.


Filed Briefs
January 11, 2012, Brief used for January 11, 2012, Without Prejudice, by way of Special appearance, Hearing of a Bylaw Matter. Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

THE CITY OF FREDERICTON did not file a brief as far as I know.



Application for Judicial Review

April 4, 2012, Cover Letter to Clerk of Court Queen's Bench Trial Division, Craig Carleton.  This letter is regarding a April 4, 2012, Application for Judicial Review of Justice Dickson's decision to not dismiss case for lack of cause, lack of jurisdiction et cetera. Please Note: This Application was lost by the Clerk and has yet to be heard 9 month later.

April 4, 2012 Application for Judicial Review of Justice Dickson's decision to not dismiss case for lack of cause, lack of jurisdiction et cetera. This is regarding Bicycle on the sidewalk bylaw of THE CITY OF FREDERICTON,  Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.


(2) Notice of Application, Date May 3, 2012:
            Application/Affidavit  documents

NOTICE OF APPLICATION regarding CONSTITUTIONAL ISSUES:

May 3, 2012, 
May 3, 2012, NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE (New Brunswick Rules of Provincial Court Practice) FORM 3 Regarding: Court File Number: # 93818, BETWEEN THE CITY OF FREDERICTON and ANDRÉ MURRAY. Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

Affidavit supporting NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE
May 3, 2012, Affidavit supporting NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE (New Brunswick Rules of Provincial Court Practice) FORM 3 Regarding: Court File Number: # 93818, BETWEEN THE CITY OF FREDERICTON and ANDRÉ MURRAY.

May 3, 2012, NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE and Affidavit combined (New Brunswick Rules of Provincial Court Practice) FORM 3 Regarding: Court File Number: # 93818, BETWEEN THE CITY OF FREDERICTON and ANDRÉ MURRAY


Filed Briefs
May 3, 2012 NOTICE OF APPLICATION AND CONSTITUTIONAL ISSUE Brief (New Brunswick Rules of Provincial Court Practice) FORM 3 Regarding: Court File Number: # 93818, BETWEEN THE CITY OF FREDERICTON and ANDRÉ MURRAY

THE CITY OF FREDERICTON did not file a brief as far as I know.



Special appearance, withdraw of plea, oral argument presentation. Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.



Trial Documents

Disclosure:
Disclosure part 1 of 2, Regarding Bicycle on the sidewalk bylaw of THE CITY OF FREDERICTON,  Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk. Disclosure part 1 of 2 Link 2

Disclosure part 2 of 2, Regarding Bicycle on the sidewalk bylaw of THE CITY OF FREDERICTON,  Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk. Disclosure part 2 of 2 Link 2

Procedural Information used in questioning a witness, regarding arrest procedure, posed to Constable David Beck, regarding Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

Direct procedural question posed to Constable David Beck regarding arrest procedure. Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

Procedural Information used in questioning a witness, regarding ticket procedure, posed to Constable David Beck, regarding Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

May 7, 2012 Affidavit of Service of Charter Application and other relevant documents. Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.






Miscellaneous other documents relevant to this file:
December 16, 2011, receipt for purchase of CD recording, of a December 14, 2011, Hearing of a Bylaw matter. Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

December 16, 2011, Order Signed by Julian A.G. Justice Dickson, allowing release of CD recording of a December 14, 2011, Court Hearing.  Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

January 6, 2012, Facsimile to Solicitor George E. Kalinowski, representing THE CITY OF FREDERICTON, regarding a January 11, 2012, hearing of Bicycle Bylaw matter, Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

January 10, 2012, facsimile to George E. Kalinowski, Solicitor for THE CITY OF FREDERICTON, a of Motion Challenging Jurisdiction of the Court.  Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

January 10, 2012, facsimile to Michelle Brzak, City Solicitor for THE CITY OF FREDERICTON, a of Motion Challenging Jurisdiction of the Court. Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

January 12, 2012, Order Signed by Julian A.G. Justice Dickson, allowing release of CD recording of a January 11, 2012, Court Hearing.  Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

January 12, 2012, receipt for purchase of CD recording, Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

February 10, 2012, receipt for purchase of CD recording, of a February 8, 2012, Hearing of a Bylaw matter. Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.

 April 17, 2012, Request of Consent to a Stay, sent to Solicitor George E. Kalinowski on behalf of THE CITY OF FREDERICTON. Provincial Court File Number 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.






Decisions/Court Orders