Transcript of Bail Proceedings (2022-06-22)
Synopsis
This is the transcript from the second day of my bail hearing in this matter.
At the previous bail hearing appearance, Judge Ellen Gordon adjourned the matter because she wanted the prosecutor to look into what, if any, actions had been taken by the police or the BC Prosecution Service, to actually get the website shut down (e.g. pursuing a US court order against the hosting provider).
The purpose of this appearance was for the prosecutor to inform the judge of what he had discovered in that respect.
The prosecutor, Adam Flanders, falsely claimed the Vancouver Police were looking into how they could have the website shut down p2l34-35. We know that's false because the police have repeatedly testified they weren't actually doing anything other than arresting and prosecuting me.
Flanders also said, the police had been in contact with the hosting provider, GoDaddy, to see if GoDaddy would take down the site on their own (without a court order), and that GoDaddy did not respond p2l46-p3l25. But given the deliberately vague wording Flanders used, it is more likely that GoDaddy actually said "No" (the Canadian prosecutors and judges never like to admit that foreign entities simply don't give a crap about them).
At the end of the appearance, I requested Flanders schedule a pretrial conference. The judge blatantly lied to me, stating pretrial conferences are only for lawyers and so, since I'm representing myself, I don't get a pretrial conference p3l44-p4l11. That is completely and utterly false!
PDFBCSC File No. 33526-1-W
244069-10-BC
Vancouver Registry
In the Provincial Court of British Columbia
(BEFORE THE HONOURABLE JUDGE GORDON)
Vancouver, B.C.
June 22, 2022
REGINA
v.
PATRICK HENRY FOX
v.
PATRICK HENRY FOX
PROCEEDINGS (Fix Date)
BAN ON PUBLICATION 517(1) CCC
244069-10-BC
Vancouver Registry
In the Provincial Court of British Columbia
(BEFORE THE HONOURABLE JUDGE GORDON)
Vancouver, B.C.
June 22, 2022
REGINA
v.
PATRICK HENRY FOX
v.
PATRICK HENRY FOX
PROCEEDINGS (Fix Date)
BAN ON PUBLICATION 517(1) CCC
Crown Counsel: Adam Flanders
Appearing on his own behalf by videoconference: Patrick Fox
Vancouver, B.C.
June 22, 2022
Flanders:
Good morning, Your Honour. Flanders, first initial A., appearing for the provincial Crown. I can briefly canvass number 5, the Patrick Fox matter. I believe Mr. Fox is appearing by video today.
Judge:
I think he might be here in person.
Unidentified Speaker:
Let me just double-check. I'm going to confirm that, Your Honour.
Judge:
Okay. One sec, though. Wait. Before you call him.
Do you want him brought up? Well, you said "canvass." I thought maybe you wanted to tell me something and stand it down.
Flanders:
Well, I suppose it doesn't matter if he's here or not. So I made those inquiries that Your Honour had requested about this matter. This was --
Judge:
You've got to remind me.
Flanders:
Yeah. No, I -- I thought I might. So this was on for bail hearing last week. Mr. Fox is the individual who's been harassing his wife for several years via --
Judge:
Oh, yes.
Flanders:
-- a website.
Judge:
Yes, yes, yes.
Flanders:
And so I had made those inquiries, but they're somewhat dated, and so I was looking for an update from police as to what they've done more recently. And so I was going to do that hopefully before we actually speak to the matter today.
Judge:
That's fine.
Flanders:
So if I can stand it down. And actually if I can find out if he's here in person or not.
Judge:
I think he is.
Flanders:
Okay. Okay. But if I can return.
Judge:
Of course.
Flanders:
That actually might take --
Judge:
Yes. Take your time.
Flanders:
-- some time.
Judge:
'Cause I think -- no, I think that hearing was set for all day and --
Flanders:
Well, and there may have been some confusion. I actually thought today was just on for an update.
Judge:
It was.
Flanders:
And it was in 101, I had thought.
Judge:
Oh. I don't know. I'm sure it was put here because I've started it, but you don't have to worry.
Flanders:
Yeah. Okay. So if I have some time to go and do that, then would be appreciated.
Judge:
You have as much time as you want.
Flanders:
Thank you, Your Honour.
Judge:
Thank you.
(PROCEEDINGS ADJOURNED)
(PROCEEDINGS RECONVENED)
(VIDEOCONFERENCE COMMENCES)
(ACCUSED FROM REMOTE LOCATION)
Flanders:
Thank you, Your Honour. Flanders, first initial A., appearing for the provincial court. And recalling the Patrick Fox matter. That appears to be Mr. Fox by video. Can you hear us, sir?
Fox:
Yes, I can hear you.
Judge:
Thank you.
Flanders:
And so on the last occasion as I had mentioned previously, Your Honour, we were in the middle of a bail hearing. You had made an inquiry to see what efforts the police had had to have this website taken down. I -- I made those inquiries and was told -- or actually forwarded an email chain that had already answered that question. And so as of May, the VPD were looking into that matter to see what would be required.
They at that point, and this is back in May, learned that essentially to go through that MLAT process that Your Honour had mentioned, going to the U.S., getting a U.S. enforceable order would take probably somewhere in the neighbourhood of six months to a year and a half.
And so certainly not something that was immediately efficacious. And the lead on this file was contacting the VPD's cyber unit to seemingly look into that process more
because they weren't experts in that area.
What was also suggested to them was that perhaps they could contact -- if -- if Mr. Fox is telling the truth and it is hosted by GoDaddy, potentially GoDaddy itself could voluntarily take the website down through its terms -- through a violation of its terms and conditions, but that -- and that's what I was looking into this morning.
That has not been effective. They've attempted that and essentially --
Judge:
Pardon me?
Flanders:
That has not been effective.
Judge:
You mean no one's asked them or they've refused?
Flanders:
I think it's closer to they just simply haven't responded. But they have asked, they have attempted to go that route. The VPD has contacted GoDaddy and they haven't -- they certainly haven't said that they'll take it down. It was unclear whether or not they've said anything at this point.
Judge:
All right. So I guess we're at the point now where we have to set a date to continue the bail hearing?
Flanders:
I think so. And so -- because that -- that's really likely to be the only answer we get for quite some time. It's not likely to change in the immediate future on that issue.
Judge:
Well, it would be nice if they actually made the application, but okay.
Flanders:
Right.
Judge:
All right. So what we're going to do, Mr. Fox, Mr. Flanders is going to go the case manager. Can you do it today? Can we stand this down?
Flanders:
Yeah, I don't -- I don't mind doing that. I think I have to just phone then. I don't think that there's a physical office anymore.
Judge:
Okay. So he's going to get a date that we can continue your bail application and we'll call you back when we know the day.
Fox:
Okay. May I, while we're here and a request of Mr. Flanders while he's doing that, would the Crown be willing to schedule a pretrial conference in this matter while you're doing that, or do you want me to do that on my own?
Judge:
The reason -- the reason -- number one, first off, I don't know if a pretrial conference is -- well, if you request one, you get one. We're not doing pretrial conferences for unrepresented accused. So the answer to the question is no.
Fox:
Okay.
Judge:
Now that I think that through, the answer to the question is no because it's only done with lawyers. So there you go. But if there are going to be issues about setting the trial date or issues that might arise at the trial date, we can discuss those at the end of the bail hearing. And I can fix terms for trial then. But pretrial conferences are to try to resolve cases, sir.
Sorry. Mr. Flanders?
Flanders:
No. That -- that all sounds agreeable, and I'll just excuse myself.
(VIDEOCONFERENCE PAUSED)
(PROCEEDINGS ADJOURNED)
(PROCEEDINGS RECONVENED)
(VIDEOCONFERENCE RECOMMENCES)
Judge:
Thank you.
Flanders:
Yes, Your Honour. Flanders, first initial A., returning to the provincial Crown and recalling the Fox matter.
I've spoken to the JCM. She's informed me that the 24th is available this Friday in Courtroom 303 in the morning.
Judge:
All right, sir. We'll continue your bail hearing Friday morning at 9:30.
Fox:
Okay.
Judge:
Thank you. Yes?
Fox:
I wonder if Mr. Flanders would be able to -- shoot. No, no, never mind.
Judge:
All right. Thank you.
Flanders:
I assume that you want to come in person, sir, so there should be an order for that.
Fox:
Yes. Yes.
Flanders:
Yes.
Judge:
All right. It will be an in person appearance.
Flanders:
Yes.
Fox:
Thank you.
Judge:
Thank you.
Flanders:
Thank you, Your Honour.
(VIDEOCONFERENCE CONCLUDED)
Transcriber: A. Pinsent