Saturday, March 19, 2016

Laying of a Private Infromation

Long Time

It has been a long time since last I blogged. Since my last blog, many things have happened. Lets simply start by talking about a process known as laying a private information with a Justice of the Peace.

This process is quite simple, literally. One simply has to attend a court house and speak with a Justice of the Peace and convince the Justice that someone has committed a crime against them, or in some cases they may simply be looking for a Peace Bond against someone.

Now common sense would dictate that if you are going to speak with a Justice, you will need to convince this Justice with grounds, I will call it reasonable grounds. I would like to think that that be done by way of witness statements, documentary evidence, etc......to just go in and tell a Justice that they want a Peace Bond because someone said something or hurt them in some way. My God, if anyone and everyone could simply go in and say this, and the Justice goes on and issues a Peace Bond or issues a summons to a person to answer to the information laid by this private person, then I think the courts would be overwhelmed with cases.

Just because it is a private information and not as a result of a police investigation doesn't make the problem any less serious. There must be a burden on that accuser to perhaps not prove it right then and there but at least have enough information that could form reasonable grounds.

I know someone who was issued a summons to answer to a request to the courts for a Peace Bond. What is remarkable is this person was simply issued a summons and has yet to receive disclosure. Knowing the facts in this case, this is simply a matter involving a person (accuser) that was not happy with a service she received and because of this she has filed cases in several jurisdictions to get revenge of some kind. These other matters had been settled but the accuser was not satisfied. Instead, she has in fact now broken the law herself by making these false allegations, however, the defendant must now take the time and effort to defend themselves and find a way to hold the accuser accountable. Will this be easy. Probably not. Will it cost money and take time. Absolutely, but as I often say, you have to know what battle to fight. This is a battle that one must keep a level head and trust in the system. Easier said than done.

I think the bigger issue is how this even got to this point. This person has provided no evidence or grounds to defend the Justice issuing this summons. The accuser should have been shut down at the outset. The Justice could not possibly have had enough information. Perhaps I say all this as I am biased and am friends with this individual but stepping back and discussing the facts with others, it seems the consensus is that this should be withdrawn and some kind of repercussion against the accuser. To be continued as this story is still developing.

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