Attempting to get Court Audio

and the denial of access to justice...

Mar 22, 2023,
It appears that Justice Lyster has delayed her decision from March 23rd to May 4th. I was hoping to ask her tomorrow on the status of my application for the DARS CD however given that delay could you provide an update if you have received anything…

Thu, May 4, 2023, Registry
”We have been given the Justice’s decision on your matter and it has been approved for both requests. This audio is very old, and may even be on tape, so we will need to work with our audio team to get the audio loaded so we can burn your CD’s. This may take some time with so many dates, but we will let you know when it is ready so you can come and pick up the CD’s. With other program groups involved, I don’t have a time estimate, but I am hoping within the next 30 days. Feel free to follow up in a few weeks if you haven’t heard anything and I can update you on the status.”

Wed, May 17, 2023,
I wondered if there was an update or if I should just call the Registry directly or if they would be informing me when ready.
Thank you for your assistance.

Registry: “It’s become a little more complicated. We will have to order in the cassettes from those dates, as they were digitally audio recorded. We then have to figure out to how to get the information on the tapes to a CD. Some locations have the devices to do that, but we do not. It will likely be a few more weeks at least.”

Sat, Nov 25, 2023,
Can you provide the details of the communications regarding the efforts undertaken by the Nelson Registry to comply with the Order to provide DARS CD as required by Justice Lyster which remains unfulfilled.

Registry: “I certainly can. The recordings that go back that far are on cassette tapes. We have ordered in a few boxes of tapes but have been unsuccessful at finding the correct dates. There seems to be something wrong with the date ranges in the cataloging system. We intend to order in more boxes and I have authorized over time to look through the old cataloging system to try and narrow it down. I do not have an eta and we have not given up.”

Mon, Dec 4, 2023, from me to Registry
I had understood from our previous communication that the challenge for the Registry was converting tapes to DARS CD and that all the dates had been delivered to the registry as I was offered the opportunity to listen to the recordings but not receive a copy contrary to order of Justice Lyster.

In the letter that Justice Humphries sent the CJC back in 2006 in response to my complaint she wrote that she was including the DARS CD, when did they switch from tapes to cd or perhaps it was a transfer from tape to cd at that time. Perhaps the tapes that you have found could be copied whilst we wait for the remaining tapes to be found.

Mon, Jan 22, from me to Registry
I am not sure what to make of the silence. I have a court order for production of the DARS CD for the dates specified and now I am requesting information why I should not apply to the court to find the Registry in contempt of a court order but knowing that the Judiciary will deny me.

We all know that the court audio contains evidence of a judge truncating a transcript subsequent to a complaint to the Canadian Judicial Council that she lost control of a court hearing, including me saying "you have lost control over this proceeding". I know that because I was there and I also inspected the Registry file and saw the original transcript before the transcript was altered.

We also know that court audio contains evidence of a judge when presented with evidence of a lawyer creating a fraudulent court order and me bringing in the transcript, handing it to Judge Shaw and him calling up the Plaintiff to the witness stand and asking her what she heard a judge say in a hearing 8 months prior, and preferring that to my evidence, the transcript. And none of the lawyers protesting that injustice because it was protecting their joint efforts to fix the trial with the Judiciary. 

A report to the police to seize the court file as evidence of obstruction of justice was denied. A complaint to the Canadian Judicial Council resulted in no investigation, just a letter claiming that judges have a discretion over their acceptance of the transcript, when it is in fact their duty. A further complaint to the Canadian Judicial Council regarding the conduct of Justice Pigeon that made that claim resulted in a statement that I was abusing the process when in fact they are required by their own rules to submit the complaint for review by an independent counsel and their refusal to respond to further correspondence except to deny my Freedom of Information request for my personal files because they are exempt to the FOI regime.

Since the legal process appears to be stalled to obstruct justice at the Nelson Registry, is the Attorney General of British Columbia the correct person to refer this problem to?

I cannot access justice whilst the Registry is obstructing justice and refusing to comply with a court order. Unfortunately the Kelowna registry is also refusing to accept my filings as well, but that is irrelevant as the BC Court of Appeal declares that my argument and evidence is a conspiracy theory...does not reflect reality" but did state that this court audio is relevant which is why Justice Lyster was compelled to allow my request.

I spent 80 days in jail due to the Kelowna Registry denying me access to justice. My private prosecution resulted in the BC Prosecutor failing to comply with the judge's request for them to contact me for information and dropping the charges due to lack of evidence, on the basis of the criminal complaint being against a lawyer.

Thank you for your efforts.

Registry: Mon, Jan 22,
I see I missed your email from December 4^th. I was gone when you sent the email, but I got back after Christmas and I could have addressed your correspondence then. I somehow missed it and I apologize.

We have not been able to find the Audio recording which we believe was stored on a physical cassette tape. I am continuing to look for the tape.

Jan 23, 2024,
Unfortunately that response is contrary to your previous correspondence where you invited me to listen to the audio recording but not receive a copy, as the order stated. I have requested to see evidence of the efforts to comply with the court order but have received nothing in response except for contradictions. I would appreciate a display of good faith in receiving the requests that I have submitted or an explanation why not.

Jan 26, 2024,
…to clarify, when I asked you about listening to a recording, instead of getting a CD, I did not have the tapes in hand. I was trying to prepare for when we did get the tapes in. I have never had the tapes for your matter in hand.

I am continuing to look for the tapes. I will not be providing evidence of our efforts to look for the tapes.

Fri, Feb 16, to Courts.CSO
I made an FOI request and they responded, "Regarding your request for court records, as per section 3(3)(a), this Act applies to all records in the custody and under the control of a public body, including court administration records. Court records are a matter of public record and therefore may be obtained by applying directly to the courthouse where the matter was heard…consult Court Services Online

Feb 16, 2024 Court Services Online
( contacted but they refer me back to Nelson Court Registry )

My Response, “Thank you for responding but as I mentioned in the email they are refusing to provide evidence of our efforts to look for the tapes. Given that statement I cannot trust the process. I have contacted them directly and so your communication is largely irrelevant. I did make a FOI request and they suggested I contact you first but if the registry is not going to respond, and CSB is not going to respond then I will go back to FOI with these details. Can this be justified in a free and democratic society?”

Feb 26, 2024 Information Access Operations
“Regarding your request for court records, as per section 3(3)(a), this Act applies to all records in the custody and under the control of a public body, including court administration records. Court records are a matter of public record and therefore may be obtained by applying directly to the courthouse where the matter was heard.

You may also want to consult Court Services. You may also want to reach out to the Office of the Information and privacy Commissioner - OIPC to file a complaint”

Feb 26th 2024 Letter to Niki Sharma AG of BC
“There is a Court Order on the Nelson Registry to provide Access to Court Audio that remains unfulfilled. Requests for accountability in the form of evidence of efforts to comply with the Order were rejected, ‘I will not be providing evidence of our efforts to look for the tapes.’

Tue, Feb 27 2024 info@oipc.bc.ca Information Access Operations
“I wish to make a complaint. I have requested access to information on a court registry and being denied by both the Registry and Court Services Branch. It was recommended that I make a complaint to this office. I have attached the relevant communications. Please advice if you require any further information from me.”

If you have submitted a complaint, a request for review or other correspondence please note that this email is the OIPC's confirmation of receipt. No other confirmation will be provided. If you have submitted a complaint or request for review you will be receiving a separate notice in the mail. At this time, this process takes at least two to three months.

Delay, probably followed by Deny, or Deflect ( refer to another agency )