Transcript of Bail Proceedings (2022-06-24)

Synopsis

This is the third day of my bail hearing in this matter.

At the previous appearances (2022-06-15, 2022-06-22):

the prosecutor Adam Flanders, admitted that the BC Government believes it is engaging me in a "game of chicken", and because of the media coverage I have received, the government cannot be the one to "blink" p12l10-13; p17l24-36;
Flanders argued that if I am released it would bring the administration of justice into disrepute p17l44-p18l7;
Judge Ellen Gordon expressed grave concern about why, over the past six years, the Canadian authorities have done nothing to get the website shut down p4l27-p5l18; p25l1-p27l5;
Flanders falsely claimed the police were looking into how they could get the website shut down p2l34-35;
Flanders claimed the hosting provider, GoDaddy, has not been responsive to requests from the Canadian authorities to shut down the website p2l46-p3l25;
I began making my submissions p21l27.

At this appearance, I continued my submissions.

At one point, Judge Gordon claims I had said previously I had studied "interior design". When I correct her, telling her it was "computer science", she argues with me, insisting I had said interior design p2l19-20; p3l14-21. But these transcripts prove I was right and she was wrong.

And, when I mentioned about Flanders admitting the BC Prosection Service was engaging me in a game of chicken, Gordon becomes hostile and insists he never said that p3l45-p4l40. But again, these transcripts prove he most definitely did say it!

Obviously, I was denied bail - as I have been in every single case.

Disable Commentary

Disable Highlights

PDF

BCSC 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 24, 2022

REGINA

v.

PATRICK HENRY FOX

JUDICIAL INTERIM RELEASE HEARING

BAN ON PUBLICATION 517(1) CCC

223894.Jun 24 22.JIR

J.C. WordAssist Ltd. (Port Coquitlam)

202-2608 Shaughnessy St., Port Coquitlam, B.C. V3C 3G6

Phone 778-285-3425

244069-10-BC

Vancouver Registry

In the Provincial Court of British Columbia

(BEFORE THE HONOURABLE JUDGE GORDON)

Vancouver, B.C.

June 24, 2022

REGINA

v.

PATRICK HENRY FOX

PROCEEDINGS AT
JUDICIAL INTERIM RELEASE HEARING

BAN ON PUBLICATION 517(1) CCC

Crown Counsel: Adam Flanders

Appearing on his own behalf: Patrick Fox

223894.Jun 24 22.JIR

J.C. WordAssist Ltd. (Port Coquitlam)

202-2608 Shaughnessy St., Port Coquitlam, B.C. V3C 3G6

Phone 778-285-3425

INDEX

SUBMISSIONS BY ACCUSED

EXHIBITS

NIL

RULINGS

[REASONS FOR JUDGMENT RE JUDICIAL INTERIM RELEASE HEARING]

Vancouver, B.C.

June 24, 2022

Flanders:

Good morning, Your Honour. It's Flanders, first initial A., appearing for the provincial Crown. I'm just briefly canvassing my matter at number 3, the Fox matter. I've learned from Madam Sheriff that he's actually not in the building yet.

Judge:

Okay.

Flanders:

I -- I believe that there's some confusion over exactly why, but I anticipate it may have to do with his appeal. He is downtown currently, I understand.

Judge:

Oh, okay.

Flanders:

And so he's not here.

Judge:

Also today? That's weird.

Flanders:

I think it may have just been a coincidence. But I am going to excuse myself. Madam Sheriff is going to get to the bottom of this and -- and then report back to me when we find out where he is --

Judge:

All right.

Flanders:

-- and when he'll be here.

Judge:

I have lots to do this morning, so now that I see the list --

Flanders:

Yes.

Judge:

-- I'm surprised they put this on.

Flanders:

I will say that it was the last matter that was added, and so --

Judge:

We'll see. It's just that I have to do pretrial conferences this afternoon.

Flanders:

Yes.

Judge:

So you know what? If Mr. Fox doesn't go ahead today, I won't be upset.

Flanders:

Okay. Thank you, Your Honour. If I can be excused.

Judge:

Of course.

(PROCEEDINGS ADJOURNED)

(PROCEEDINGS RECONVENED)

Flanders:

Thank you, Your Honour. Flanders, first initial A., appearing for the provincial Crown. Calling the Patrick Fox matter. He is here in person and can attend.

Sheriff:

I'm just going to move your stuff just because he is self-rep.

Flanders:

Yes. No, I don't even notice that. Thank you, Madam Sheriff.

Judge:

I think -- do I have that? I'll take that just in case. I think I have it.

Flanders:

So just to assist, I think where we left off was midway through Mr. Fox's submissions on the bail hearing, Your Honour.

Judge:

All right. Okay, Mr. Fox. As I indicated to you on the last occasion, I am permitted to only inquire into certain matters as a test is conducting an inquiry at a bail application. And a lot of that has to do with your right to remain silent and the presumption of innocence.

So I don't -- I'm going to go over what you told me. You're 48. You were born in Hollywood, Florida. You grew up in Los Angeles in North Hollywood. You went to Hollywood High School and then to the University of California at Los Angeles where you studied interior design and obtained a bachelor of science in 1996. You stayed in Los Angeles, spent time in other states. Moved around to Phoenix in the early 2000s. Your parents are deceased. Your son Gabriel was born September 27th. I have the world's worst handwriting. What year was he born?

Fox:

My son?

Judge:

What year was your son born?

Fox:

2000.

Judge:

Okay. That's what I thought it said, but my handwriting is so bad I needed to check.

You met the complainant in January of 2000. You married in August of 2000. You separated in August of 2001. You were deported to Canada in February of 2013 and again in May of 2013. If released, you would go to a shelter -- a shelter. You had been at Belkin House in the shelter part.

You told me this is the second website that went online in 2018 while you were in custody, and you said the Crown has failed to provide evidence of your involvement with the website. And you said some third party must have done it. The posts were made while you were in custody. You don't have the ability to take the website down.

You said you checked the website when you were released, and it was offline. And you said it required -- it required a username and password to activate. And you said all your previous allegations are under appeal

All right. And is there anything else about your background that you wish to tell me?

SUBMISSIONS BY ACCUSED:

Fox:

So couple of corrections that I noticed as you were reading that off. But first, may I ask if I can borrow a pen from someone?

Judge:

Just answer the question, sir.

Fox:

Okay. There were a couple of errors in there.

Judge:

All right. What were the errors.

Fox:

The first was my degree is in computer science. I believe you said --

Judge:

Pardon me?

Fox:

My degree is in computer science.

Judge:

Oh, okay.

Fox:

I believe you had said interior design.

Judge:

You said interior design, but okay.

Oh wait, you're right. Sorry, I was mistaken about what I spent four years studying and the past 25 years practicing. Turns out I haven't been designing and programming software, I've been laying out living rooms. What the fuck?!?!?

Oh for Christ's sake! No! I said "Computer Science". Fuck off, I'm not one of your little puppet lawyers who's just going to bend over and kiss your ass and say "You're right, it's my mistake." Let's look at that fucking transcript TR 2022-06-15 p18l23-24. Yep! As I thought, you asked what I took at UCLA, and I responded "Computer Science". I'm right and you're wrong.

And you see, that is how reality works! Reality and truth are absolute, they are objective - they are not subjective and not open to interpretation. And anybody who believes they are is a fucking idiot! Period! Because if you ever disagree with me on something it's probably because you're wrong!

Fox:

Okay. And the other was I attended North Hollywood High School.

Judge:

I said that.

Fox:

Oh, okay. I thought you said Hollywood High School.

Judge:

I may have.

Fox:

Not that that matters.

Judge:

I may have. But I'd written "north. " Okay. Anything else?

Fox:

No.

Judge:

Is there any other submissions you wish to make?

Fox:

Yes. I wish to point out first that on February 2nd, 2021, Crown counsel admitted on the record in court that the reason I am being prosecuted and imprisoned is because the disclosure material in my cases --

Judge:

Is because ...

Fox:

The disclosure material in my cases keeps ending up on the internet not because of any perceived harm to Capuano and not because they have an interest in enforcing the probation orders.

I point out that in this very bail hearing, Flanders himself, admitted that the BCPS believes I am playing a game of chicken with them and, because of the media attention I have gotten it is important that the government not be the one to blink, because that would bring the administration of justice into disrepute.

Gordon became very hostile with me, insisting Flanders never said that. So again, I say let's have a look at the transcript TR 2021-02-02 p12l10-14. Yep, he most definitely did say that!

Why do you suppose Gordon is so fervently denying Flanders said the BC government is playing a game of chicken with me? Is it because that amounts to an admission of gross prosecutorial misconduct? That such an admission would surely bring the administration of justice into disrepute? That it would prove to the rest of the world that Canada is just as bad as all those countries they criticize - nay, worse, because they're also completely hypocritical about it? Is it because the Canadian people would be outraged if they knew how petty, vindictive, and corrupt the prosecutors and judges are? Who knows?

Fox:

And I would like to point out that on June 15th of 2022 the Crown admitted in court that they believe that I am engaging in a game of chicken with the B.C. government and given the media attention that this has gotten over the past few years, it is very important that the BCPS not be the one to blink at that this time.

Judge:

That the BC ...

Fox:

BCPS, prosecution service. The Crown counsel. That they not be the one to blink because that would bring the justice --

Judge:

They not be the ones ...

Fox:

To blink in this supposed game of chicken.

Judge:

I'm sorry. He didn't say that.

Fox:

I'm sorry?

Judge:

He didn't say that, sir.

Fox:

No, he absolutely did.

Judge:

No, sir. I have my notes. That's -- that may be -- I see why you say the justice system couldn't blink, but that isn't what he was -- he was referencing that the justice system has to continually monitor the site. I realize it sounded differently, but he didn't reference it as a game. You can move on.

Fox:

Uh.

Judge:

He didn't reference it -- he didn't intend his reference in any way to suggest that there was a game being played between the Crown counsel office and yourself or anyone else. So you can move on. I didn't take that from it, and I assure you --

Fox:

Okay.

Judge:

-- they're not.

Fox:

Well --

Judge:

I know Mr. Flanders. He's an honourable man.

Fox:

It's funny. Every judge I've encountered --

Judge:

I know Mr. Flanders.

Fox:

-- says that the Crown counsel is honourable.

Judge:

I can assure you he's an honourable man.

Fox:

Okay. Given that, I don't believe that there's anything further that I can say that is going to make any difference.

Judge:

Well, all right. Have a seat.

[REASONS FOR JUDGMENT RE JUDICIAL INTERIM RELEASE HEARING]

Judge:

Mr. Fox, I'm assuming you wish to set a trial date.

Fox:

Yes, I do.

Judge:

All right. Mr. Flanders, did you -- do you have conduct of the case or did you have conduct only on the -- only with respect to the application for judicial interim release?

Flanders:

That is my understanding. That's certainly what I've proposed because I am a front-end Crown at the moment. Unfortunately, we were waiting to see the result of the bail hearing before it could be properly assigned, and now that that has occurred I will be making my best efforts to have it assigned immediately --

Judge:

Okay.

Flanders:

-- so that we can have it --

Judge:

Do you think Wednesday would be too soon? I just don't want this man --

Flanders:

No.

Judge:

-- to waste in custody while you're waiting for someone to be assigned.

Flanders:

No. I agree.

Can you believe how full of shit these people are? Talking about not wanting me to "waste in custody", right after lying about what was said in the hearings, and denying me bail even though I'm not a threat or risk to anyone (other than, of course, the prosecutors and the judges)? They always say this kind of stuff, but then they do the complete opposite. I believe much of what the prosecutors and judges say, in the courtroom, is just out of habit.

If Gordon really had any concern about me "wasting in custody" she could have released me on bail. And if Flanders had any concern about it he could have not opposed my release. They're just so full of shit.

Interestingly, I notice a huge amount of similarities between the prosecutors and judges, and Capuano. The compulsive lying, the narcissism, the delusional thinking.

Perhaps what we can do is -- and it's difficult for me because obviously it won't be my choice -- we can put it to Wednesday. I will -- I will --

Judge:

Are you -- what day are you in court next week?

Flanders:

I'm in court on Thursdays typically. So if we could put it to 101 --

Judge:

Yes.

Flanders:

-- on a Thursday --

Judge:

Right.

Flanders:

-- that would be best for me.

Judge:

So what I'm directing, Mr. Fox, is that a prosecutor be assigned right way so that you can get a trial date right away and you don't have to, like, come back week after week after week after week and it can just be done.

So hopefully next Thursday, which is June 30th, at 9:30 in 101. You can come in person, if you want. It's probably easier if you come by video, but it's totally up to you.

Fox:

Right. I would prefer by video for that.

Judge:

Okay. June 30th, 9:30, 101 by video.

Flanders:

Thank you, Your Honour.

Judge:

Thank you. And I will say this, Mr. Fox. I know I detained you, the law compelled me to detain you, but I do think something's got to be done to get that website taken down seeing as how it hasn't been taken down in the ways the courts have ordered over time, and that's the last thing I'll say. Thank you.

Flanders:

Thank you, Your Honour.

(PROCEEDINGS ADJOURNED TO JUNE 30, 2022, AT 9:30 A.M.)

Transcriber: A. Pinsent