promise that I will withdraw this Appeal, if the defendant provides this, and it makes sense

"Let's get it on."
~~~~~~~~~~~~~~~~~~~~~~~
Hearing Nov22,2010


Court of Appeal File No. 38495





BETWEEN: British Columbia Teachers’ Federation

Appellant/Respondent
(Plaintiff)




AND: British Columbia (Attorney General)


Appellant/Respondent
(Defendant)







NOTICE OF MOTION



TO: Attorney General of British Columbia



TAKE NOTICE THAT AN APPLICATION will be made by to the presiding justice at 850 Burdett Ave, Victoria , British Columbia, at for an order pursuant to: Appeal Court Rules Section 70 Review Request.




[1] The Registrar has concerns about filing this Leave to Appeal, as I was not an original participant in the Case. It is for the Court of Appeal in the end to decide the merits to register a Leave to Appeal.

[2] It is understood that granting this motion, does not translate that the Appeal Court in their ultimate decision, will accept the appeal or recognize the right of standing. But, it does mean the Appeal Court has the opportunity to decide to hear the matter. It is important, I believe, to reassure the Court and share that, I have been contacted by Mr. David Eby, the executive director of the BCCLA, a few weeks before the May 12, 2009 election. He promised to connect me with a lawyer for my Petition concerning the referendum’s use of Bill 42’s political advertising definition, and its illegal purpose to tamper with the referendum and the election results. This gives hope that a professional legal team is ready and able to takeover, once this Leave to Appeal is registered.

[3] It is fully expected that the defendant will file a motion in response to quash the appeal pursuant to S.20 of the Court of Appeal Act, R.S.B,C 1996, c.77, a section which contemplates preliminary objections to proceedings. The Bar set by the British Columbia Appeal Court case law determining standing, is to issue a written decision, when the case involves the pubic interest and/or the practice of law. Both, the Court and the Attorney General, have a vested interest to resolve this appeal issue. It is important to our Democracy and all Canadians, to understand the British Columbia Court system’s access to enforce and protect our democratic civil rights during elections.

[4] The defendant is asked please, in their counter motion to quash, face head on the appeal issue of Canada’s Charter Section 33 and why British Columbia’s Constitutional Question Act is not registered; yet takes precedence over our Charter. The Province obviously decided not to register the Act under Section33. (Maybe it’s not registered, as how can a Province write-off the Nation’s Bill of Rights in one line?)

[5] I promise that I will withdraw this Appeal, if the defendant provides this, and it makes sense. This is reasonable. If the defendant’s motion ignores this simple request, and cannot come up with the legal reasons, to explain why the Constitutional Question Act’s notwithstanding clause can blatantly dismiss Charter Section 33 – the Court must take notice! This is a civil rights, colour of law offense. (Message to the defendant: Any law article or professional opinion will suffice. Note, it is more than saying it’s an Act, as this would be a circular argument, as the defendant makes up Acts. Your action of issuing a writ of mandamus to the Court made this a notwithstanding provision.)

[6] It is respectfully asked that the Court please reread Justice Cole’s paragraph 244-246. “It is difficult to conceive of an issue that is [not political advertising.]” This is political extremism to impose such a broad definition, and extend its reach far into the pre campaign period.

[7] The end result of this appeal is that Democracy is made stronger, and the Court gets its original jurisdiction back. Who will advance this appeal issue then? The appellant will only be representing this notice of motion; as stated already, once this appeal is registered, a team of lawyers will fight for Democracy and the Court in this matter.

[8] As luck would have it, after this leave to appeal was written, this news story appeared in the Times Colonist Oct 7th, 2010 titled: ”Third party advertising rules ‘chilled’ election debate: report.” Quotes: “A spokesman for the attorney general’s office said the government will refrain from discussing Bill 42 until the B.C Court of Appeal has rules on its constitutionality.” “The government is appealing the decision.” Let’s get it on.

[9] Final comments, all the above arguments are placing the cart before the horse. The only decision for this notice of motion is to register this leave to appeal. Only after a leave to appeal is registered can it be dismissed. This appeal has the right to due process.

[11] Thank you for the Court’s time and consideration.



AND TAKE NOTICE THAT in support of the application is exhibit A, the leave to appeal, and an affidavit of sworn on _



Dated:





Signed………………………………………………………….




This application will take no more than 30 minutes.