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Recording your own hearing...

It is your right
according to law, but it should also be recognized
as a "natural right" to record your own hearing. A
justice system with any kind of integrity would
never even question your action to record your
own hearing.

Recording Your Own Hearing...


This isn't just a right, its the law (in Canada). The Courts of Justice Act, RSO 1990, c
C.43 section 136 (2), which is the rule book (the law or instructions that dictate how
our courts perform their duties) for our courts, states clearly...
Prohibition against photography, etc., at court hearing
Exceptions
136 (2) Nothing in subsection (1),
(a) prohibits a person from unobtrusively making handwritten notes or sketches at a
court hearing; or

(b) prohibits a lawyer, a party acting in person or a journalist


from unobtrusively making an audio recording at a court hearing, in the
manner that has been approved by the judge, for the sole purpose of
supplementing or replacing handwritten notes. R.S.O. 1990, c. C.43, s. 136 (2);
1996, c. 25, s. 1 (22).
Furthermore, the right for a party to audio record their own court hearing for the
purpose of supplementing their notes was reaffirmed by the former Chief Justice W.G.C.
Howland. After faithfully serving the people of Ontario for approximately 20 years as
the Chief Justice of Ontario, in a bold and decisive decision on April 10, 1989, Chief
Justice Howland issued an historic Practice Directive to all Ontario Courts which
reaffirmed the right of the citizens of Ontario to audio record their own court
hearing under Section 136(2)(b) of Ontario's Courts of Justice Act. In his directive to the
courts in Ontario Justice Howland ordered, Subject to any order made by the
presiding judge as to non-publication of court proceedings, and to the right of the
presiding judge to give such directions from time to time as he or she may see fit as to
the manner in which an audio recording may be made at a court hearing pursuant to
s. 146 [now s. 136] of the Courts of Justice Act, the unobtrusive use of a recording
device from the body of the courtroom by a solicitor, a party acting in person, or
a journalist for the sole purpose of supplementing or replacing handwritten notes may
be considered as being approved without an oral or written application to
the presiding judge.
This one simple right alone draws into question the integrity of the courts when those
courts deny or even just make an argument in opposition of that right.
On a number of occasions now, I have had to make argument to exercise a right that
shouldn't even be questioned and that should be common knowledge to every
court in this country. This is one (of many) perfect examples as to why our courts
should be considered a failure... we are simply wasting our time (and the court's time)
arguing for something that doesn't need arguing for at all. This should have been
universally accepted as a citizen's right and an established way in which the courts
conduct their duties in maintaining their integrity toward seeing that justice is done -otherwise, the court itself is obstructing justice.
Key reasons why a recording is necessary and is a natural right:

First and foremost, a recorded proceeding holds the judges, prosecutors, and
lawyers accountable in their duty to perform diligently.
The recording captures the tone of the discussions, something that cannot be
achieved with the transcripts (this is where you can really determine how neutral
a judge is as well as his/her professionalism).
With a recording, one has the ability to keep the freshness of the hearing clear in
one's mind as opposed to waiting possibly months for the transcripts to be
completed. This also allows you to prepare legal documents, such as an appeal
document, if you dont think things are going to go your way based on what you
have already seen or to build your defense (or Claim) before a trial if you are
going to bring motions before the courts.

A recording also insures that you will have the ability to check for accuracy of the
transcripts after they have been made available to you for court and
administrative accountability -- doing your own due diligence in seeing that the
integrity of the justice system is upheld. With a recording, you have the evidence
to minimize corruption within the courtrooms.

I cannot emphasize enough how important this is in serving a credible justice system. In
every way it serves as a tool for holding the courts accountable for their actions and is an
important tool in maintaining our rights to life, liberty and security.
A great injustice is being perpetrated by our courts on the people they are supposed to
be serving because not only are we being denied the right to record our own hearings,
but in some cases people have even been arrested for forcing this right in a court of law.
This is, without a doubt, not only a great injustice, but also a criminal act against the
people by the individuals who took an oath to serve us -- members of the public -- as
well as freedom and justice in the name of all those who gave their lives in its defense. In
other words, an act of treason is being perpetrated on the public by these individuals -either that or they are completely incompetent and should not hold the positions that
they currently do.
The following document will shed more light on the topic of Recording Your Own
Hearing In A Court Of Law -- view it here. I have had some success
producing/handing this document over to justices of the peace, but not all went well
in all situations as you will see if you research my Summary of Cases page (my
personal challenges in standing up for my Natural Right to Use the Road).

These Recording Your Own Hearing documents were provided to me via the courtesy
of the Canada Court Watch website.

Until next time, this is the commoner known as Shawn,


with the family name Cassista, educating everyone about
their natural rights -- long established in the fight for
Truth, Freedom and Justice -- with which Liberty
will reign!

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