evq10nanyashaa :nanya-shaabu:el, administer for the estate of jensey selywn henry, merle berrinice...

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Action No.: 1003 14100E-File No.: EVQ10NANYASHAA

Appeal No.: ____________________

IN THE COURT OF QUEEN’S BENCH OF ALBERTAJUDICIAL DISTRICT OF EDMONTON

BETWEEN:

:NANYA-SHAABU:EL, ADMINISTER FOR THE ESTATE OF JENSEYSELYWN HENRY, MERLE BERRINICE HENRY

Plaintiffs

and

ALBERTA HEALTH SERVICES, CAPITAL HEALTH MENTAL HEALTHCRISIS SERVICE, CAPITAL HEALTH REGIONAL MENTAL HEALTH

PROGRAM, KENYOUTH LUCIEN HENRY, ROYAL CANADIAN MOUNTED

POLICE

Defendants

P R O C E E D I N G

Edmonton, AlbertaDecember 9, 2010

Transcript Management Services, Edmonton1000, 10123 99th Street

Edmonton, Alberta T5J-3H1Phone: (780) 427-6181 Fax: (780) 422-2826



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TABLE OF CONTENTS

Description Page

December 9, 2010 Afternoon session 11Submissions by Ms. Oltean (Strike Motion)6Submissions by Mr. El (Strike Motion)18Submissions by Ms. Oltean (Strike Motion)19Discussion

Certificate of Record 24Certificate of Transcript 25



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1 submission, Sir, such vagueness and uncertainty on those points raise both questions of 2 standing and possibly jurisdiction. By contrast, Sir, the prayer for relief in the statement3 of claim, which I believe is the second-last page of the statement of claim, makes no4 reference whatsoever to trespass but rather asserts other wrongs which are nowhere5 identified in the statement of claim. So, for example, the prayer for relief against the

6 RCMP, which is in paragraph (c) of the prayer for relief, seeks against the RCMP7 $5,000,000 in punitive and cumulative damages against the RCMP for knowingly,8 maliciously, and deliberately disobeying domestic statutes, legal procedures, and9 committing deliberate violations of international human rights, Charter rights violations,

10 Alberta Bill of Rights , and for deliberately committing the privation of rights against11 :Nanya-Shaabu:El. The laws said to have been breached and violated are not identified in12 the statement of claim and do not appear to be supported by any factual allegations in the13 statement of claim, and in my respectful submission, Sir, such bald assertions of law14 simply are not sufficient to give rise to a cause of action.1516 In addition, Sir, the whole of the statement of claim is quite difficult to understand. The17 claim cites laws that to not apply in Alberta or Canada. For example, at paragraph 40,18 the United States Uniform Commercial Code is referred to. Much of the statement of 19 claim simply alleges that the defendants have knowledge of certain things which appear20 completely unrelated to each other, and, with respect, some are simply nonsensical. As21 one example, I would commend the Court to paragraph 35 of the statement of claim, and22 that paragraph says: (as read)2324 The defendants have knowledge that the manager of Crisis and25 Access Services was served a certificate of commercial dishonor26 on March 19th, 2009, via process server, for $10,000,000. The27 defendants also have knowledge that Capital Health services28 director was sent an international notice of commercial default and29 admiralty maritime claim for damages in the amount of 30 $10,000,000 Canada Post registered mail in accord with L-O-S-T31 and Article 15 of the Rome Statute of the International Criminal32 Court published at a website.33

34 Sir, in my respectful submission, that is characteristic of much of this statement of claim.3536 Other parts of this statement of claim speak about communications sent to the defendants37 and then claims that because the defendants have not responded to these communications,38 they are bound by them or somehow admit them, and I would commend to you paragraph39 39 and 40 as one example of that.4041 In my respectful submission, Sir, the statement of claim does not disclose a reasonable



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1 cause of action, and it is also frivolous, vexatious, improper, and prejudicial within the2 meaning of rule 3.68. I can advise, Sir, that with respect to another but similar statement3 of claim filed by Mr. El against slightly different defendants in this court, which was4 struck out, Mr. Justice Sanderman found that the statement of claim was, quote, absolute5 gibberish.

67 MR. EL: Objection.89 MS. OLTEAN: There’s no reported of Justice Sanderman’s

10 decision, but I have provided you in the materials, Sir, with a copy of the transcript of 11 those proceedings.1213 MASTER BREITKREUZ: Yes.1415 MS. OLTEAN: And it’s at page 4 of that transcript, lines 23 to16 25, where Mr. Justice Sanderman comments about the statement of claim being gibberish.17 But also, Sir, if I could direct your attention to lines 38 to 40 of that page, Mr. Justice18 Sanderman comments that it would be an affront to the dignity of any Court to allow a19 document such as this to stand and to force individuals to come to court to have to answer20 this. Sir, in my respectful submission, Justice Sanderman’s sentiments are equally21 applicable here. I think it’s also important, Sir, that I advise the Court that Mr. Justice22 Slatter of the Court of Appeal recently declared Mr. El to be a vexatious litigant, and I23 have provided you with a copy of his reported decision, should be the last --2425 MASTER BREITKREUZ: Yes.2627 MS. OLTEAN: -- thing you have. So, Sir, after the other28 action of the plaintiff had been struck by Mr. Justice Sanderman, the plaintiff appealed.29 Counsel for the defendant Kenyouth Henry, who is also a defendant in these proceedings,30 applied in the Court of Appeal for security for costs and a vexatious litigant order. In the31 course of rendering his decision, Mr. Justice Slatter found a number of facts, and those32 are set out at paragraph 3 of the decision. Finds the plaintiff "refers to statutes and33 instruments (such as the American Uniform Commercial Code ) that are not in force in

34 Canada. . ."3536 MR. EL: Objection.3738 MS. OLTEAN: ". . .or that have no application whatsoever to a39 civil cause of action."4041 MR. EL: Objection.



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12 MASTER BREITKREUZ: Well, it is right in here. He -- she is reading3 from Mr. Justice Slatter’s decision. What can you be objecting about that?45 MR. EL: Oh, because The Hague Statute on Private

6 International Law . Canada --78 MASTER BREITKREUZ: She is just --9

10 MR. EL: -- is a statute.1112 MASTER BREITKREUZ: She is just -- she is --1314 MR. EL: Canada is a signatory.1516 MASTER BREITKREUZ: She is just reading what Mr. Justice Slatter17 finds.1819 MR. EL: Yes. And I have a right to object.2021 MASTER BREITKREUZ: Well, you object till you are blue in the face,22 but it is not --2324 MR. EL: And I accept that for --2526 MASTER BREITKREUZ: -- going to help you.2728 MR. EL: -- value and consideration, and I tender that to29 the clerk.3031 MASTER BREITKREUZ: Thank you. It is being recorded. You do not32 need to tender it to the clerk.33

34 MR. EL: Well, I’ll still tender it to the clerk.3536 MS. OLTEAN: Sir, Mr. Justice Slatter continues that the37 plaintiff:3839 . . .purports to impose liabilities on third parties by sending them40 letters containing unsubstantiated demands and then taking the41 position that if the third party does not reply to the letter, they



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1 have accepted whatever obligation he attempted to unilaterally2 impose.34 He writes meaningless phrases (such as "accepted for value and5 consideration and honor") on letters and documents and then takes

6 the position that this somehow affects the legal import of the7 document.89 He purports to sue on behalf of the estate of his father even

10 though no grant of probate or administration has been issued in his11 favour.1213 Sir, in my submission, most, but certainly not all, of these features are present in this14 statement of claim; and in conclusion, Sir, with respect to this statement of claim, the15 defendant RCMP are at a loss as to the case they must meet. The whole of the statement16 of claim is suffused with nonsensical and seemingly irrelevant statements such that it17 ought to be struck in its entirety. It is simply not a pleading that can be responded to in18 any meaningful fashion or with any confidence that any defence would be responsive to19 it. For these reasons, Sir, the Crown also submits that it is also a frivolous, vexatious, and20 improper pleading. Subject to any questions you have, Sir, those conclude my21 submissions.2223 MASTER BREITKREUZ: Thank you.2425 MS. OLTEAN: Thank you, Sir.2627 MASTER BREITKREUZ: Thank you.2829 Mr. El, go ahead.3031 Submissions by Mr. El (Strike Motion)3233 MR. EL: I proceed to tender my submission to the clerk

34 in accord with the United Nations Declaration on the Rights of Indigenous Peoples and35 the United Nations Charter in accord --3637 MASTER BREITKREUZ: Well, I am not sure. Are you -- are you38 making this application to the clerk, or are you making it to me?3940 MR. EL: I said I’m tendering. I didn’t say I’m making41 an application. I said I’m tendering this to the clerk in accord --



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12 MASTER BREITKREUZ: What are you tendering?34 MR. EL: Pardon?5

6 MASTER BREITKREUZ: What are --78 MR. EL: I’m tendering my submission. My oral9 submission that’s being recorded, I’m tendering that to the clerk.

1011 MASTER BREITKREUZ: Well, then I will just sit back and have a --12 have a nap.1314 MR. EL: Well, I can accept that for value and15 consideration.1617 MASTER BREITKREUZ: Okay. Go ahead.1819 MR. EL: And I’ll tender that to the clerk.2021 MASTER BREITKREUZ: Go ahead and make your submissions to the22 clerk, but I guess I will listen to them anyway.2324 MR. EL: One thing -- the first thing I would like to bring25 up with -- with regard to our statement of claim, counsel makes a number of statements,26 and one thing I would like to bring up in -- in making reference to Justice -- Justice27 Sanderman’s decision of the 4th of March -- pardon me -- of February of this -- earlier28 this year, I bring to your attention I was actually in front of you about a year ago this29 time regarding a case that I filed, which is actually on appeal with the Supreme Court of 30 Canada, regarding a hospital breach and which resulted in my dad’s death, and you had31 asked me if I had filed an affidavit, and I said I did not, and you said:3233 I think you should be filing an affidavit and I think they should --

34 they will want to cross-examine you on it. I think we have to dig35 into this a little deeper frankly.3637 Now, according to the Court -- Alberta Rules of Court rule 142, when we were back last38 time and I spoke with you and counsel had brought up the Crown Act and that the Crown39 had a right for 30 days to respond -- right? So the -- this was of the 19th of August when40 the statement of claim was filed. We are now in December. Now, according to the41 Alberta Rules of Court , you have 15 days. Under the Crown Act , it’s 30. Now, they



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1 have not responded. They have not even filed a statement of defence, so in that capacity,2 the defendants, who are actually in default, cannot answer the statement of claim. They3 had --45 MASTER BREITKREUZ: Is -- wasn’t --

67 MR. EL: They had a opportunity. You gave them an8 extension to give -- allow them a chance to respond to this.9

10 Now, the thing that seems to be overlooked is the -- there was an -- there were two11 officers that came along with Alberta Health Services over to the secure property out near12 Lake Wabamun. Now, the Alberta Health Mental Health crisis unit, they came out of St.13 Albert. The RCMP came from Stony Plain. Now, Stony Plain has its own Mental Health14 crisis unit. And when I was on the phone with somebody from our nation, my indigenous15 nation, I was told by the RCMP to take -- to get off the phone, which I did, so --16 especially since he had black gloves on, so I already knew they were planning to trying to17 grab me. He stated he wanted ID. I showed him ID. He came into the house,18 bow-guarded himself into the house and then asked me, I need to speak with your mother.19 My mother, who’s present here today, was at work. He called her, and my mother asked20 him, What are you doing in my house, why are you in my house? She told him to leave.21 He wouldn’t leave. My mother said, I want to speak to a lawyer, I need to talk with my22 lawyer. He said, You don’t need a lawyer. That officer did not have a name badge on23 his left chest. Now, the other officer, his name was Officer Haney (phonetic). He was24 there. And they proceeded to be witnesses to an illegal psych assessment done by Alberta25 Health Services in my mother’s dining room, and since that time, we’ve asked, Who made26 the call to have the Mental Health crisis unit from St. Albert come out to Lake27 Wabamun? This is very clearly outlined in the statement of claim, which counsel was so28 kind to bring up. If we look at paragraph 9: (as read)2930 The defendants have knowledge of the illegal, unlawful, criminal31 trespass and unauthorized presence of Julie Meagan (phonetic) and32 co-worker, redhead with slight tan, who did not leave a business33 card, along with two RCMP officers from Stony Plain detachment,

34 Officer Hanley? (phonetic) and a second unidentified RCMP35 officer with no name badge on left chest, who forced themselves36 into a house, which is secure property, on the basis of anonymous37 call made to St. Albert Mental Health crisis services on October38 3rd, 2008.3940 Now, what’s interesting about that, My Honour, which I tender to the clerk, is I have a41 letter here from Capital Health addressed to myself, and the date of this letter was



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1 September 9th, 2008 -- this was a month before the RCMP came out -- addressed to2 myself, Mr. :Nanya-Shaabu:El, United Nations IPO Number 2718 GD Station Main,3 Edmonton, Alberta, T5J 2G8. (as read)45 Dear Mr. El, re: request for disclosure of health information re:

6 Mr. Jensey Selwyn Henry. Your request for disclosure of health7 information was received by Capital Health on August 28th, 2008.8 We acknowledge your request for full disclosure of all your9 father’s medical records in relation to his time at the Royal

10 Alexandra Hospital psychiatric ward and emergency department on11 April 18, 2008. We will provide the information available to you12 as quickly as possible. Sincerely, Derek Watschaz (phonetic),13 Information Access and Privacy Advisor for Capital Health.1415 So after that situation occurred on the 3rd of October, we now go to paragraph 10: (as16 read)1718 The defendants have knowledge that I was on a long distance19 phone call with a member from my indigenous nation, who’s now20 a material witness, and, when answering the door while on the21 phone, was coerced under threat and duress by the unidentified22 RCMP officer on October 3rd, 2008, to end his long distance23 phone conversation. The defendants have knowledge that I am24 indigenous and tribal in accord with international law and my25 website, which I have posted.2627 The unidentified RCMP officer asked me -- this is number 11 -- after forcing his way into28 the secure property, if I had a weapon website, and I told him yes. The -- when we go to29 paragraph 13: (as read)3031 The defendants have knowledge of the illegal Charter violations,32 criminal trespass, privation of rights, and illegal mental health33 assessment they conducted on secure property, instigated by

34 anonymous call on October 3rd, 20083536 And I bring to the clerk and to the Master’s attention that Dr. Sherman has gone through37 a very similar thing, which is probably looking at some potential litigation, because we38 dealt with the Privacy Act , and I give knowledge to -- to the Master of this vessel that39 when I was in front of you a year ago, you had told the counsel by the name of Barbara40 Stratton, who was the representative for Dr. Louis Francescutti, that the discussion -- there41 was a issue of a Privacy Act with my dad being released. Now, when we go on to



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1 paragraph 14: (as read)23 The defendants have knowledge that the St. Albert psychiatric4 assessment Capital Health Mental Health crisis service did not5 contact nor speak with Merle Henry on October 3rd, 2008.

67 Now, I’m pretty sure it’s -- it’s standard procedure if this -- if an individual is a threat to8 themselves or their family, the first thing that the authorities would have to do is talk to9 their immediate family or next of kin, which happened to be my mother. The officer

10 had -- didn’t want to hear anything she had to say. When they did the illegal psych11 assessment, they never contacted by mother before, during, or after. So for some strange12 reason, my mother has become somewhat of an anomaly that the officials regarding this13 matter don’t want to talk to.1415 Now, when we go to paragraph 15: (as read)1617 The defendants have knowledge that the RCMP forced their way18 into the secure property on October 3rd, 2008.1920 Who is going to call from St. Albert and tell the RCMP to go up to a property located21 near Lake Wabamun, which is about a 45-minute drive, and Stony Plain has its own crisis22 Mental Health unit? Obviously somebody in St. Albert made the phone call. Now, when23 we go to paragraph 16: (as read)2425 The defendants have knowledge that the unidentified RCMP26 officer who contacted Merle Henry, who was at work when she27 got this phone call, did not allow her to speak with a lawyer and28 even stated, No, you cannot speak to a lawyer.2930 Now, I tender to this Court, because this is available online at the United Nations Office31 of the High Commission on Human Rights. This is code of conduct for law enforcement32 officials, and in -- it’s adopted by the General Assembly, Resolution 34-169 of the 17th of 33 December, 1979. Article 2:

3435 In the performance of their duty law enforcement officials shall36 respect and protect human dignity and maintain and uphold the37 human rights of all persons3839 As an addendum to that, I have an article here published by the Edmonton Journal , page40 A4 of Thursday, September 13th of 2007. The UN vote may be black day for Canada.41 Resolution recognizing First Nations rights expected to pass. And I quote:



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12 While the declaration is not binding, Canadian officials say the3 country takes any international commitment it makes seriously,4 whether written in law or not.5

6 So that includes the Uniform Commercial Code and The Hague Statute on Private7 International Law . Further, I tender to the clerk and to the Master of this vessel, if 8 anyone was to pay attention and look on the back of a Canadian $50 note, the United9 Nations declaration on human rights is on the back. You might have to get a magnifying

10 glass to see it, but it’s there. So therefore, since the Canadian money is legal tender, that11 means Canada is obligated to honour human rights.1213 Let’s see here. Now, further, the United Nations International Covenant on Civil and14 Political Rights as published on the Internet. Part 1 and Article 1:1516 All peoples have the right of self-determination. By virtue of that17 right, they freely determine their political status and freely pursue18 their economic, social and cultural development.1920 Article 2, Part 2:2122 Each State Party to the present Covenant undertakes to respect and23 to ensure to all individuals within its territory and subject to its24 jurisdiction the rights recognized in the present Covenant, without25 distinction of any kind, such as race, colour, sex, language,26 religion, political or other opinion, national or social origin,27 property, birth or other status.2829 Now, when we continue to paragraph 17 on the statement of claim: (as read)3031 The defendants have knowledge that the unidentified RCMP32 officer and other defendants who entered secure property did not33 have a lawful or legal grounds to enter private, secured property.

343536 So if they didn’t have an arrest warrant, which they didn’t, they had a public official37 who’s there with no badge on, so therefore, it’s questionable whether he was even38 working or employed by the RCMP. Although he’s dressed in the garb, he does not have39 a badge. None of them left any cards, none of the officers. So again, on what grounds40 did the RCMP come? Because they were told to aid Alberta Health Services. Why?41 Alberta Health Services got a phone call. They got a phone call from St. Albert. Again,



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1 these are things that have to be totally considered, that why would the St. Albert Mental2 Health crisis unit spend that kind of money to come all the way out to near Lake3 Wabamun on an anonymous call that the unidentified RCMP officer told me he didn’t4 know who called, and the Mental Health crisis unit for St. Albert, they said they don’t5 know who called. However, when I got the -- the report on all the parties that were there,

6 their names were conveniently whited out. So if they didn’t do anything wrong, why is7 Alberta Health Services sending me whited out reports? That’s a report that they did an8 illegal psych assessment on me, and I have a right to know who were the parties. So9 again, that’s -- that’s definitely obstruction in that capacity.

1011 The defendants have knowledge -- paragraph 18 -- that the unidentified RCMP officer was12 questioned by Mrs. Merle Henry, What are you doing in my house, you barged into my13 house, and was told by Mrs. Merle Henry, You have no business coming into my house.14 So for counsel to say that there is no grounds and the -- the claims are vague is absolutely15 preposterous, because the simple fact is they came out there. It’s -- it’s obviously known16 that the RCMP have to do a report. So I’m sure if I contact the RCMP commissioner and17 say I need a report on the two RCMP officers that came out there, we might be -- it18 might be very interesting to find out whether there’s actually a report issued for October19 3rd, 2008, from Stony Plain RCMP or not. But this is the -- this is one of the main20 reasons why I know that the RCMP cannot answer the statement of claim. My uncle is a21 confidential informant. He’s the one who made the phone call, and then that will22 automatically make the defendants liable for participating in violation to human rights,23 Canadian Charter rights, Canadian Charter of Rights and Freedoms , Edmonton24 Aboriginal Declaration, and the list goes on. It’s a matrix of violations.2526 So you granted them a -- an extension in accord with the Crown Act , which I accepted.27 However, the fact still remains, we are now in December. This was filed in August.28 September, October, November, December, four months, I can’t get a response from the29 counsel because counsel cannot answer very simple question, Who called the RCMP?30 Who called Alberta Health Services? Somebody has to know. Somebody had to have31 taken the call. Somebody have to have spoken with the individual who made the phone32 call in order for the order or for the request to RCMP to come out to the house, and these33 are the things that are plain and simple. This is not -- this is -- the statement of claim is

34 very a simplistic statement of claim. If the RCMP -- and they’re deemed to know the35 law, and they are obligated to follow the law as I have established in all these conventions36 which the Government of Canada and, by default, the courts are obligated to follow.37 Somebody should be able to answer the statement of claim. It’s not difficult.3839 Number 27, the defendants -- paragraph 27: (as read)4041 The defendants have knowledge that they have been asked to



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12 This was via a process server, which is also an officer of the3 court, for $10,000,000. The defendants also have knowledge that4 Capital Health services director, Mareika Purdon, was sent an5 international notice of commercial default and admiralty maritime

6 claim for damages in the amount of $10,000,000 in accord with7 the -- the Article LOST and Article 15 of the Rome Statute of the8 International Criminal Court, and the websites are published,9 officials served and presentments, which are available on Google.

101112 So between Susan Connelly, Mareika Purdon, and her predecessor, which I was already13 dealing with an issue regarding getting documentation from my father regarding his death,14 they already knew the situation. So for the RCMP to come out and assist Alberta Health15 Services is obviously Alberta Health Services did an excellent job of suppressing the fact16 that I had already been speaking with them. Also, when my dad died, I got the letter for17 the ambulance that they had to use to pick him up from the Wal-Mart, when he was18 found in the bathroom, on his back, on April 19th, 2009.1920 So when we go to paragraph 39, I will preface that with this, when I first was in front of 21 you about a year ago, one of the first things I told you was according to the Alberta --22 they call it the Alberta Queen’s Bench. It says that once you give a public official23 knowledge, they are responsible once they have been given knowledge. So when we go24 to paragraph 39, the defendants have full knowledge of the all communications sent to25 them and, since receiving information, have stayed silent, agreeing in commerce by their26 silence and tacit consent, which is equivalent to agreement that the facts as stated in the27 communication sent to them from the plaintiff are in fact true, correct, and accurate,28 thereby confirming the defendants are liable for all damages, contractual violations and29 violations of international and domestic law incurred by the defendants and associated30 business partners. My mother and myself are the secure parties. The RCMP, they are our31 debtors. They cannot answer in commerce. They are insured. They are bonded. They32 have oaths. I have sent counsel e-mails, and the counsel -- which is actually filed, which33 I filed it as of yesterday, and in there, I ask counsel, I want the CUSIP number for her

34 application, I want the associated bid bond, I want the name of the investment company35 who’s underwriting and the insurance company who’s underwriting her application, as36 well as the financial services department that is associated with the RCMP, because they37 obviously cannot respond to any of this.3839 Further, with regard to Justice Slatter’s order -- and I’m glad that counsel did bring that40 up of his order dated the -- or in regards to his order of October 21st. One -- one thing41 that’s very interesting aside from the fact that we’ve appealed that to the Supreme Court



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1 of Canada, which I previously mentioned -- what’s interesting is in this letter that I sent to2 Justice Slatter, security was given because I have a postage stamp which is printed by the3 Canadian Bank Note Company, who prints the Canadian money, so when I submitted the4 postage stamp, the postage stamp is the security. Furthermore, we’re already the secure5 parties, my mother and myself. This is the letter I wrote to Mr. Slatter, which was -- and

6 he was served by a process server. (as read)78 Good evening. Please find attached the copy of Justice Frans9 Slatter’s order of October 14th, 2010, which was accepted for

10 value in accord with Uniform Commercial Code 3-401;11 UNCITRAL, which is the United Nations Convention on12 International Trade Law; UNILOS, which is the United Nations13 International Law of the Sea; United Nations Declaration on the14 Rights of Indigenous Peoples; United Nations Convention on15 Economic, Social, and Cultural Rights; United Nations Convention16 on Civil and Political Rights; United Nations Charter ; Canada17 Bills of Exchange Act ; and section 5.3 of the Alberta Rules of 18 Court ; and the Alberta Bill of Rights . Please forward to Justice19 Slatter in accord with section 35 of the Canada Charter of Rights20 and Freedoms and section 3-305 of the Uniform Commercial Code21 in the Hague Statute on Private International Law . Justice Slatter22 was served via process server and sent the original order back to23 him via Canada Post priority mail. Hard copies are already in24 Justice Slatter’s possession UCC1-202. Please inform Justice25 Slatter I require his tax ID number so I may finish the required26 1099-OID and 1099-A IRS tax forms as per his request for the27 security that he is demanding from myself, the secured party,28 secured creditor in this matter, and the website is29 http://naturalcredit -- N-A-T-U-R-A-L C-R-E-D-I-T -- .tripod.com.30 I also give notice to Justice Slatter in accord with international law31 that we have not abandoned this legal matter or this appeal. I32 most humbly thank you all for your public oaths, insurance bonds,33 time, and consideration in this matter.

3435 Now, we had a case on the Monday, November 29th in the Alberta Court of Appeal, and36 what is interesting about that is later on, after that case was adjourned and I went back 37 before the Appeal Court judges on the -- that was the 2nd, I believe it was, of December,38 the counsel made mention of the order from Justice Slatter, and this is what was made39 mention of in the courtroom on that day, and I asked the -- the -- the justices, Justice40 Hunt specifically, but all of them, since they were supposed to following that order, what41 were we doing in court on November 29th when the court case for November 29th was



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1 not set until November 8th. I didn’t get notice of that, which was more than a month --2 nearly a month after Justice Slatter’s order. We already had the court date set for3 December 2nd prior to Justice Slatter’s order, so I don’t see how Justice Slatter’s order is4 relevant when obviously there’s obviously official misconduct with regard to Justice5 Slatter’s order.

67 So going on to paragraph 40, the defendants have agreed by their silence and tacit consent8 they that are subject and bound to the aforementioned communications and the terms9 therein in accord with the Uniform Commercial Code , specifically UCC 3-305, which

10 deals with unconscionable contracts. The RCMP showed up. They got a call. They were11 there. They did an illegal psych assessment. That right there is grounds. It’s a violation12 of Charter rights. They haven’t responded. They can’t respond because their agent and13 informant in St. Albert is the one who made the phone call. UCC 3-306, the defendants14 also agreed by their inaction, lack of response, and lack of written response they are15 bound by the following articles: Article 15 of the Rome Statute of the International16 Criminal Court, which is also mentioned in -- on the website for the Attorney General17 and, I believe, the Department of Justice for Canada on their website; and the18 International Law of the Sea, the United Nations Convention Against Genocide -- because19 for the RCMP to come out on anonymous call and they can’t reveal or they say they20 don’t know who made the phone call without speaking with my mother, who happened to21 be at work, it obviously speaks to somebody went out of their way to do that. That is a22 violation of the Canada Charter of Rights and Freedoms . It’s actually a violation of the23 Canada Criminal Code , section 318, dealing with genocide -- the United Nations24 Convention Against Cruel and Unusual Punishment; United Nations Declaration of Rights25 of Indigenous Peoples; the Edmonton Aboriginal Declaration -- because I have spoken at26 the United Nations, our nation is recognized by the United Nations as an indigenous27 peoples organization -- the Edmonton Aboriginal Accord -- which the City of Edmonton,28 they signed off on, and it’s available. You can see that and the Edmonton Aboriginal29 Declaration down at City Hall -- the Canada Charter of Rights and Freedoms , especially30 section 35; Canada Criminal Code , section 318 of the Canada Criminal Code ; and title 1831 or Canadian equivalent of 1091, which would be a fictitious conveyance of language; and32 section 35 of the Canada Constitution Act ; and the Alberta Bill of Rights .33

34 So I attach another thing, the article here in the Edmonton Sun , Alberta Justice broke the35 privacy laws. This is coming from the commissioner. Now, the deputy minister has sent36 a letter of apology to those who are involved. This was:3738 Alberta Justice broke the province’s privacy laws when it ran39 unauthorized credit checks on 25 employees, says the privacy40 commissioner.41



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1 So we go back to the premise and the whole principle of this statement of claim. It is not2 a difficult statement of claim. It’s very, very, very simple. Who called the RCMP? Why3 did -- was it necessary for the RCMP to come with Alberta Health Services? So4 obviously Alberta Health Services must have been in communication with the RCMP.5 You’ve granted them 15 day -- you granted them 30 days, and it -- we’re in December.

6 This was filed since August, and they can’t answer. So if it’s so frivolous, it shouldn’t7 have been an issue for counsel for the defendants as well as the Attorney General of 8 Canada to file a statement of defence if it’s that simple, if it’s frivolous and vexatious.9

10 Now, one thing I do want to make mention of is I was again in front of you a year --11 about a year ago this time, and you said that -- regarding a similar case, which we’ve12 appealed to the Supreme Court of Canada, you said there may be a valid cause of action13 in Dr. Francescutti releasing this man. You never said it was gibberish. Now, according14 to the Canada Criminal Code section 3.1, it says any act by a judge/justice takes effect15 even if it has not been reduced to writing, and you said, as I stated before, that:1617 I think you should be filing an affidavit and I think they should --18 they will want to cross-examine you on it. I think we have to dig19 into this a little deeper frankly.2021 So that’s obviously an order that you issued a year ago. So it’s obvious that counsel22 and -- for the defence and the defendants, they cannot answer the statement of claim.23 You cannot barge into somebody’s house. You can’t do that.2425 Mom, would you like to say anything at this time?2627 MS. HENRY: The only thing I --2829 MR. EL: No. Come -- come forward. Come forward.3031 MS. HENRY: The only thing I just want to say is like in all32 this tragic, tragic --33

34 MR. EL: Come, come, come. Come up.3536 MS. HENRY: -- circumstances --3738 MR. EL: Yeah.3940 MS. HENRY: -- happen with me and at my house, nobody41 from the Alberta Health Care or whatever, nobody spoke to me, nobody asked me



18

1 anything. When I tried to talk to the RCMP, the guy told me practically shut up, I’m2 going to do what I’m going to do. It was very difficult, and I still can’t -- and I lost all --3 I used to believe in the RCMP, and I have no respect for them, ’cause here I was at work,4 and he’s going to do whatever they going to do in my house. I said, You have a warrant?5 No. But like I said, reverse this to everybody in this room here, let them come up in your

6 house and do what they want to do. Tell me how you will feel in your heart. You7 cannot feel good, and I rest my case.89 MASTER BREITKREUZ: Thank you.

1011 MR. EL: Okay. So that’s my mother’s statement. So12 with that at this point in the -- in where we’re at right now, with the cumulative damages13 and the -- as the counsel was claiming that there wasn’t any specification, I was very14 precise, $30,000,000 in punitive damages against Alberta Health Services, Capital Health,15 St. Albert Mental Health crisis service. The liens are filed here in Canada and in the16 Commonwealth of Kentucky knowingly for an illegal, unlawful psych assessment on17 myself, a secure party, who’s non-resident to Alberta; never had an Alberta Health card,18 which was admitted to by the psychiatrist who did the psych assessment without19 contacting or communicating with my wife or -- my wife Dionni Najabay (phonetic) El,20 or my mother, Merle Henry, by criminally trespassing on secure property without free,21 prior and informed consent, which is required, or contact with Mrs. Merle Henry, who22 was at her place of employment when these unlawful and illegal actions took place in23 violation of the aforementioned international Canadian and Alberta laws; $5,000,000 in24 punitive and cumulative damages against the RCMP for knowingly, maliciously, and25 deliberately disobeying domestic statutes as Canada Criminal Code 126.1, 128; legal26 procedures in committing deliberate violations of international human rights, Charter right27 violations, Alberta Bill of Rights , and for deliberately committing the privation of rights28 against myself, my mother, and the estate of my deceased father.2930 So at this point, counsel has been given ample time aside from the fact they knew about31 this incident regarding my dad couple years before, so they have full knowledge of what’s32 going on, and as we all know, ignorance of the law excuses no one. So this is what I’m33 tendering to the clerk and I’m tendering to the Master of this vessel on indigenous land

34 known as Treaty 6, and at this point, all I will reiterate is I just want the CUSIP numbers,35 the bid bonds. I want the name of the insurance company and all the -- all the financial36 banks that are bonding this case and the application of counsel.3738 MASTER BREITKREUZ: Ms. Oltean, do you have any reply?3940 Submissions by Ms. Oltean (Strike Motion)41



19

1 MS. OLTEAN: Very brief, Sir. Sir, I’m not sure the plaintiffs2 have answered the Crown’s motion, and just to be clear, we’re just applying to strike the3 motion on behalf of the RCMP. My understanding is that the action as against the uncle,4 Mr. Kenyouth Henry, has been struck and court proceedings before Mr. Justice5 Manderscheid on December 3rd -- counsel for the Provincial Health Authorities had the

6 matter summarily dismissed. Sir, my -- Mr. El refers to matters not in evidence, this is a7 matter about the sufficiency of the statement of claim and whether it is a vexatious and8 improper pleading. For my part, I’m not sure I followed the logic of the plaintiff. If 9 there is a glimmer of any cause of action, it is so embedded in vexatious and improper

10 material that --1112 MASTER BREITKREUZ: Yes, but if you strip -- if you strip all of that13 away, you know, all these other international bodies, if you strip all that away, what is14 left? What is the heart of -- what is the heart of his complaint?1516 MS. OLTEAN: It appears to be a bare allegation of trespass,17 and I’ve addressed the deficiencies with that particular pleading in terms of the18 identification of the property, the identification of the owners of the property. Moreover,19 if I understood Mr. El correctly, he appears to want simply an answer to the question of 20 who called the RCMP, and I’m not --2122 MASTER BREITKREUZ: No, but he says he knows that. He says he23 knows that. He just he wants an admission of -- that it was.2425 MS. OLTEAN: Right, and I’m not certain that an action is the26 proper venue to do that.2728 Discussion2930 MR. EL: Well, somebody has to know.3132 MASTER BREITKREUZ: Well --33

34 MR. EL: I mean, it’s quite simple. If -- if it’s not him,35 then who made the call? The RCMP has to know. AHS has to know.3637 MASTER BREITKREUZ: But what difference does it make? Does that38 give you a cause of action?3940 MR. EL: Oh, so you’re saying if somebody --41



20

1 MASTER BREITKREUZ: No. I am asking. I am asking.23 MR. EL: And I’m -- I’m answering.45 MASTER BREITKREUZ: Yes?

67 MR. EL: I’m answering the question. So you’re telling8 me then that is acceptable for a public official to get anonymous call -- somebody could9 have been at a phone booth, a cell phone someplace, say I think somebody over there is a

10 threat to themselves and -- and -- and -- and the public and then that official goes over11 there and, instead of following their own procedure and saying, Look, let’s get all the12 facts straight, let’s call the mother and find out what’s really going on -- and then the13 mother says, What are you doing in my house? He doesn’t tell her he got a phone call14 from somebody. He said, Well, Alberta Health Services received it, so everyone’s passing15 the buck here. Doesn’t -- I mean, at this point in the matter, it’s very simple. The AHS16 and the RCMP were working together because AHS came out because of a phone call, the17 RCMP was there as support because they felt something was going on. And what’s quite18 interesting is the Stony Plain RCMP has a statement from my mother and myself. This is19 the weekend on the 18th of October -- pardon me -- the 18th of April, before my dad --20 the day before my dad was found in the Wal-Mart in Spruce Grove. So at this point, I’m21 like this is just -- this is just here and there. I mean, to me, this is just a bunch of 22 mishmash.2324 MASTER BREITKREUZ: Well, tell me, are you -- are you suggesting the25 RCMP caused your father’s death?2627 MR. EL: I’m sugg -- with regard to what?2829 MASTER BREITKREUZ: Death period. Are you suggesting the RCMP30 caused your father’s death?3132 MR. EL: Well, I’m not suggesting that. I’m talking --33 we’re only talking about the -- we’re talking about unauthorized psych assessment.

3435 MASTER BREITKREUZ: And that is $30,000,000 worth?3637 MR. EL: No. That was for Alberta Health Services.38 That’s --3940 MASTER BREITKREUZ: Oh.41



21

1 MR. EL: I’m not even -- that’s not the issue here --23 MASTER BREITKREUZ: Oh.45 MR. EL: -- as far as what we’re talking about.

67 MASTER BREITKREUZ: That has been struck.89 MR. EL: Right. That’s struck on -- on that side. On the

10 commercial --1112 MASTER BREITKREUZ: So you want 10 --1314 MR. EL: -- side, there’s still a lien.1516 MASTER BREITKREUZ: You want 10,000,000 --1718 MR. EL: So it doesn’t matter.1920 MASTER BREITKREUZ: You want 10,000,000 from the RCMP.2122 MR. EL: No. Five. I said that specifically.2324 MASTER BREITKREUZ: Oh, you are down to five. Okay.2526 MR. EL: I said 5,000,000.2728 MASTER BREITKREUZ: I cannot remember what the ten was for.2930 MR. EL: No. The 5,000,000, it’s right there. 5,000,00031 punitive and cumulative damages, right? The thing here is like we -- like I -- like we said32 before, when we spoke here the last time in this vessel and I brought up Robert33 Dziekanski’s mother, she just incidentally happened to be here about couple weeks back,

34 so I don’t look at that as a coincidence. The RCMP came out. Who called you?35 Somebod -- okay. AHS told us to assist. Why? We heard reason there -- this person36 might be a threat to themselves or their family. My dad was on a Form 10, brought in by37 the RCMP and got released. My uncle was in there, talking with the doctor but ain’t38 nobody questioning him, right? That’s why that -- that particular case, which I have here,39 is been appealed to the Supreme Court of Canada, so that will be dealt with shortly.4041 Now, as far as the psych assessment is concerned, they conducted a psych assessment



22

1 with the RCMP there in my mother’s dining room.23 MASTER BREITKREUZ: Tell me, what is the issue before the Supreme4 Court of Canada --5

6 MR. EL: The --78 MASTER BREITKREUZ: -- in that case.9

10 MR. EL: Oh, what -- in the one that -- that I’ve just --11 this one here?1213 MASTER BREITKREUZ: The one that is going to the Supreme --1415 MR. EL: This is the hospital breach. This deals with the16 hospital breach, and my uncle was down at the hospital.1718 MASTER BREITKREUZ: Okay. So that has got nothing to do with this19 case here.2021 MR. EL: Oh, sure it does. It’s connected. It’s22 associated. If you check the file, you’ll see when I was filing the -- when I filed, I got23 two other appeals, right? One -- one of which is -- is still pending because the thing is24 there’s been confusion now because there’s obviously been a violation of Woods v. The25 King because now that -- if we’re to accept Justice Slatter’s order, despite the fact I26 provided a security, then we have an issue, because we should have never been in court27 on November 29th.2829 MASTER BREITKREUZ: Which -- this security, that is this postage stamp30 you are talking about?3132 MR. EL: It’s right here. Here.33

34 MASTER BREITKREUZ: That is --3536 MR. EL: Clerk, please tender this to the Master. Thank 37 you.3839 Right there in the top right-hand corner, and it’s cancelled by me. That is a security.4041 MASTER BREITKREUZ: This --



23

12 MR. EL: I supplied a security.34 MASTER BREITKREUZ: Well, this is a real eye roller.5

6 Do you want to give this back to him. Do you want to show it to Ms. Oltean.78 MR. EL: Yes. Please show to counsel.9

10 MS. OLTEAN: Thank you.1112 THE COURT CLERK: Yeah.1314 MASTER BREITKREUZ: That gives a whole new definition to security;15 that’s for sure. Anyway, I will reserve. I will read -- I will read more on it, and I will let16 you know.1718 MS. OLTEAN: Thank you, Sir.1920 MASTER BREITKREUZ: And --2122 MR. EL: Thank you. I accept that for value, honour, and23 consideration.2425 MASTER BREITKREUZ: Whatever that means.2627 MR. EL: And I return that to the clerk.2829 MASTER BREITKREUZ: Do I have to return -- do I have to return any30 material to anyone? No?3132 MS. OLTEAN: Not for my part, Sir.33

34 MASTER BREITKREUZ: Thank you.3536 MS. OLTEAN: Thank you.373839 PROCEEDINGS ADJOURNED SINE DIE4041



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1 Certificate of Record23 I, Lauren Andrews, certify that this recording is the record made of the evidence in the4 proceedings in Court of Queen’s Bench, held in courtroom 213, at Edmonton, Alberta, on5 the 9th day of December, 2010, and that I was the court official in charge of the

6 sound-recording machine during the proceedings.789

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1 Certificate of Transcript23 I, Sandy Voga, certify that45 (a) I transcribed the record, which was recorded by a sound-recording machine, to the best

6 of my skill and ability and the foregoing pages are a complete and accurate transcript of 7 the contents of the record, and89 (b) the Certificate of Record for these proceedings was included orally on the record and

10 is transcribed in this transcript.111213 Digitally Certified: 2010-12-28 19:53:0014 Sandy Voga, Transcriber15 Order No. 21242-10-1161718192021222324252627282930313233

3435 Pages: 2736 Lines: 109937 Characters: 427043839 File Locator: e17e5cb0d90f10008001001a4b0a479e

40 Digital Fingerprint: cf713603e47d6991df495f02f62d0360de0bdd8cdf6db393959f1891f43f7b6c

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evq10nanyashaa :nanya-shaabu:el, administer for the estate of jensey selywn henry, merle berrinice...

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