Jean and Peter Thomas Legal Battle Fund
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Halton Conservation Authority v. Jean and Peter Thomas
The result of Jean and Peter loosing this case would result in fines and penalties in the hundreds of thousands of dollars. fines ($20,000) removal order ( $125,000) legal costs and the prosecution will now be seeking there costs .
Jean Thomas states, "It’s been a long stressful journey on ourselves and our family. We have come so far doing this financially alone, with your help we will keep on fighting for our rights. we are standing up for all the wrong doing that conservation have done to so many people where there homes and land have been devalued and many times expropriated. This has to stop. Please support us and help us stay strong. We have to win this it matters to us all. We must set a precedent. We can not loose for all our sake."
Thomas out $25,000 and $50,000 more is Needed:
Ontario Provincial court isn’t designed for justice but for convictions. The Government doesn’t hire lawyers or paralegals to be Justices of the Peace and as such few have any legal training. These people sit in judgement with the ability to issue massive fines and imprisonment with little more than a degree in some liberal arts course.
Jean and Peter have already spent over $25,000 including $6900 in court transcripts only to find out that court clerks destroyed the court copy and are demand that they buy three new copies of the transcripts. Additionally, to move forward they have hired a lawyer to file three new applications in court – one for the Court of Appeal, one for Superior Court and one for Provincial Court – which will cost an additional $50,000.
Gary McHale, who has conducted the original trial in Provincial Court, will direct all funds to pay legal expenses. These expenses will be transcripts, any out of pocket costs to file material, legal fees both by representatives of Jean and Peter and any cost awarded against them by the court.
Your Property Rights and Out of Control Government Agents:
Fundamentally, this case is about basic property rights of average citizens and out of control unelected government agents who care little for average citizens and more about their own power and control over others.
Purchase of Dream Home:
Back in 2007 Jean and Peter purchased their dream home on 22 acres out in the country near Milton, Ontario. Much of the land was a forest that opened up to a home with a small barn that allowed them to have a few horses. In 2013, they decided to build a riding ring for their horses and were almost done when the Halton Conservation Authority came on their property and took control of the development.
Unknown to Jean and Peter, Halton Conservation Authority had changed their regulations, without the knowledge of property owners and without any public oversight, so that all properties that were within 120m or 370 ft from any waterway or wetland were suddenly controlled by Halton Conservation. In the Burlington area this automatically transferred massive areas of private property to the control of Halton Conservation.
For Jean and Peter this suddenly meant that Halton Conservation now claimed control over approx. 80% of their 22 acres of property.
Six Year Harassment of Jean and Peter:
Starting in 2013 Halton Conservation has spent well over $250,000 of taxpayers’ money to harass and prosecute Jean and Peter claiming the riding ring is on the 120m or 370 ft. of land that they regulate. Jean and Peter were charged with illegally developing on Halton Conservation regulated land which they owned.
Ontario Justice of the Peace:
The Ontario Government doesn’t hire lawyers or paralegals to be Justices of the Peace. Few have any legal training or understand basic legal arguments involving the Charter of Rights of citizens. For the most part the Provincial Offenses Court is designed to ensure the Justices simply go along with the prosecution to get maximum convictions.
In the Thomas’ case the Justice repeatedly told the court how confused she was throughout the 10-day trial. The Justice failed to understand basic Charter issues, basic issues regarding contract law and basic issues regarding disclosure.
This confused Justice found Jean and Peter guilty which has been appealed.
Court Clerks Destroy Transcripts:
In a prime example of how government employees don’t care one bit about average citizens, the court staff at the Burlington courthouse allowed the court copy of the transcripts that Jean and Peter paid for to be destroyed without their knowledge.
On September 20, 2019 a Judge in the Provincial court marked the Thomas appeal as abandoned solely because she didn’t see any filed transcripts in the appeal file. While McHale provided proof that they had purchased the transcripts and directly told the judge the court staff were refusing to transfer the transcripts to the appeal file, the Judge abandoned the appeal.
Jean and Peter would then find out the transcripts were not sitting in the original trial file but had been destroyed.
All Citizens should be Outraged by the Injustice of the Burlington Court:
We would have to post a novel to list out all the ways the prosecutor, the clerks, the justice of the peace and the judge from Sept. 20, 2019 have failed to uphold the proper administration of justice. The Burlington courthouse is one of the more outrageous courthouses in Ontario where staff simply don’t care how their actions affect individual cases and therefore affect individual citizens in Burlington. At each step through the system the staff are extremely unhelpful, and delays caused by getting transcripts – sometimes delays of 6 months or more – simply add undue stress to individuals.
Thomas Legal Team:
Gary McHale has conducted the Provincial cases. He has won at the Court of Appeal more than once and his rulings on Private Prosecutions are now binding on courts throughout Canada. McHale has successfully arrested uniformed police officers and successfully issued criminal charges against the highest-ranking officers in Ontario.
McHale’s associate Randy Fleming recently won at the Supreme Court of Canada regarding how police target peaceful protesters at public events instead of arresting violent protesters who show up for the purpose of harassing and threatening average citizens who want to exercise their free speech rights in Canada.
Lawyer Daniel Ciarabellini has joined the team to conduct the legal applications at the Court of Appeal and in Superior Court. While Ciarabellini has only been a lawyer for a short period of time, he has already established his passion to help average citizens by winning, as a law student, a case against a former homeless person who had over $65,000 in fines that had accumulated over the years.
Ciarabellini is a brilliant lawyer willing to take on the establishment. The results of this case will greatly affect most cases in Ontario Provincial courts.
Halton Conservation Authority v. Jean and Peter Thomas
The result of Jean and Peter loosing this case would result in fines and penalties in the hundreds of thousands of dollars. fines ($20,000) removal order ( $125,000) legal costs and the prosecution will now be seeking there costs .
Jean Thomas states, "It’s been a long stressful journey on ourselves and our family. We have come so far doing this financially alone, with your help we will keep on fighting for our rights. we are standing up for all the wrong doing that conservation have done to so many people where there homes and land have been devalued and many times expropriated. This has to stop. Please support us and help us stay strong. We have to win this it matters to us all. We must set a precedent. We can not loose for all our sake."
Thomas out $25,000 and $50,000 more is Needed:
Ontario Provincial court isn’t designed for justice but for convictions. The Government doesn’t hire lawyers or paralegals to be Justices of the Peace and as such few have any legal training. These people sit in judgement with the ability to issue massive fines and imprisonment with little more than a degree in some liberal arts course.
Jean and Peter have already spent over $25,000 including $6900 in court transcripts only to find out that court clerks destroyed the court copy and are demand that they buy three new copies of the transcripts. Additionally, to move forward they have hired a lawyer to file three new applications in court – one for the Court of Appeal, one for Superior Court and one for Provincial Court – which will cost an additional $50,000.
Gary McHale, who has conducted the original trial in Provincial Court, will direct all funds to pay legal expenses. These expenses will be transcripts, any out of pocket costs to file material, legal fees both by representatives of Jean and Peter and any cost awarded against them by the court.
Your Property Rights and Out of Control Government Agents:
Fundamentally, this case is about basic property rights of average citizens and out of control unelected government agents who care little for average citizens and more about their own power and control over others.
Purchase of Dream Home:
Back in 2007 Jean and Peter purchased their dream home on 22 acres out in the country near Milton, Ontario. Much of the land was a forest that opened up to a home with a small barn that allowed them to have a few horses. In 2013, they decided to build a riding ring for their horses and were almost done when the Halton Conservation Authority came on their property and took control of the development.
Unknown to Jean and Peter, Halton Conservation Authority had changed their regulations, without the knowledge of property owners and without any public oversight, so that all properties that were within 120m or 370 ft from any waterway or wetland were suddenly controlled by Halton Conservation. In the Burlington area this automatically transferred massive areas of private property to the control of Halton Conservation.
For Jean and Peter this suddenly meant that Halton Conservation now claimed control over approx. 80% of their 22 acres of property.
Six Year Harassment of Jean and Peter:
Starting in 2013 Halton Conservation has spent well over $250,000 of taxpayers’ money to harass and prosecute Jean and Peter claiming the riding ring is on the 120m or 370 ft. of land that they regulate. Jean and Peter were charged with illegally developing on Halton Conservation regulated land which they owned.
Ontario Justice of the Peace:
The Ontario Government doesn’t hire lawyers or paralegals to be Justices of the Peace. Few have any legal training or understand basic legal arguments involving the Charter of Rights of citizens. For the most part the Provincial Offenses Court is designed to ensure the Justices simply go along with the prosecution to get maximum convictions.
In the Thomas’ case the Justice repeatedly told the court how confused she was throughout the 10-day trial. The Justice failed to understand basic Charter issues, basic issues regarding contract law and basic issues regarding disclosure.
This confused Justice found Jean and Peter guilty which has been appealed.
Court Clerks Destroy Transcripts:
In a prime example of how government employees don’t care one bit about average citizens, the court staff at the Burlington courthouse allowed the court copy of the transcripts that Jean and Peter paid for to be destroyed without their knowledge.
On September 20, 2019 a Judge in the Provincial court marked the Thomas appeal as abandoned solely because she didn’t see any filed transcripts in the appeal file. While McHale provided proof that they had purchased the transcripts and directly told the judge the court staff were refusing to transfer the transcripts to the appeal file, the Judge abandoned the appeal.
Jean and Peter would then find out the transcripts were not sitting in the original trial file but had been destroyed.
All Citizens should be Outraged by the Injustice of the Burlington Court:
We would have to post a novel to list out all the ways the prosecutor, the clerks, the justice of the peace and the judge from Sept. 20, 2019 have failed to uphold the proper administration of justice. The Burlington courthouse is one of the more outrageous courthouses in Ontario where staff simply don’t care how their actions affect individual cases and therefore affect individual citizens in Burlington. At each step through the system the staff are extremely unhelpful, and delays caused by getting transcripts – sometimes delays of 6 months or more – simply add undue stress to individuals.
Thomas Legal Team:
Gary McHale has conducted the Provincial cases. He has won at the Court of Appeal more than once and his rulings on Private Prosecutions are now binding on courts throughout Canada. McHale has successfully arrested uniformed police officers and successfully issued criminal charges against the highest-ranking officers in Ontario.
McHale’s associate Randy Fleming recently won at the Supreme Court of Canada regarding how police target peaceful protesters at public events instead of arresting violent protesters who show up for the purpose of harassing and threatening average citizens who want to exercise their free speech rights in Canada.
Lawyer Daniel Ciarabellini has joined the team to conduct the legal applications at the Court of Appeal and in Superior Court. While Ciarabellini has only been a lawyer for a short period of time, he has already established his passion to help average citizens by winning, as a law student, a case against a former homeless person who had over $65,000 in fines that had accumulated over the years.
Ciarabellini is a brilliant lawyer willing to take on the establishment. The results of this case will greatly affect most cases in Ontario Provincial courts.
Organizer
Gary McHale
Organizer
Binbrook, ON
