Thursday, April 22, 2010

 

BASI, VIRK, BASI: CHARGES STAYED! Is this true??

.
My dear friends,


Earlier today (Thursday, April 22), I checked the completed BC Supreme Court Listings  and saw that the Basi, Virk Defence had made an application on April 21, 2010 for a Stay of Proceedings "pursuant to S.24(1) on the basis of a breach of S. 11 (b) of the Canadian Charter of Rights and Freedoms."


This was repeated 3 times, which I believe indicated that the application was being made on behalf of three people: Udhe Singh (Dave) Basi, Bobby Singh Virk, and Aneal Singh Basi.


With a next appearance scheduled for a Pre-Trial Conference at 10:00 AM on April 26 (next Monday), one might assume, that the Defence Application for a Stay of Proceedings would be considered ... perhaps even ruled upon ... at that time.  In an open courtroom. With the public in attendance.


I'll keep my notes about what I saw earlier today. I'll have them laminated. I'll have them framed.  Because I swear, this ... this sudden and apparently secret maneuver  must surely be an offence under the terms of the Canadian Charter of Rights and Freedoms.


 For Files Appearing on 21-APR-2010
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Later:

On 2nd thought, I had another long look at that Completed BC Supreme Court list. I started at Page 1 (of 40 pages) of

Vancouver Law Courts
Public Access Completed Supreme Court List (Adult)
For Files appearing on 20 April 2010

and went through it carefully. I found many entries for Aneal Basi, Bobby Virk, and Limited Access (Dave Basi), with appearances on 21 April and anticipated on 26 April and May 3 as well as May 17.

So it does look as if we're still chugging along.

The term "adjourn" begins to make sense when I read the segment about the witness, Ian Munro:

Quote:

Ian Munro, Witness from Nova Scotia, Halifax, give evidence by means of technology that permits him to testify in Nova Scotia in Virtual presence of the parties and the Court.

It appears that Ian Munro will give his evidence on May 3, 2010 ... and that the trial is then "adjourned" until May 17 (for reasons unknown).

Not until we get to page 38 does the "Stay of Proceedings" appear and I must have jumped to the conclusion that it would be an application by the Defence for a stay. Although it doesn't actually say that. It just says "Stay of Proceedings pursuant to S. 24(1) etc. ..."

So my conclusion is: a Stay of Proceedings is being sought ... so it presumably would begin with an application to be heard by Justice MacKenzie on Monday, April 26 at 10:00 AM. , as I had first thought.

However, there's a lot to figure out, in those 40 pages.  I hope others will give it their attention and let us know how you see the present situation.

Completed Court Listings can be found by starting out along the same route as daily court schedules:

* BC Criminal Charges (left margin), then

* Public Access Completed Supreme Court List (Adult)

* Vancouver Law Courts

The main thing is: I don't think there has been a Stay of Proceedings granted in this case. Not yet, anyway. 

And that's a huge relief.  - BC Mary.

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Comments:
The strangest thing about this "stay" is at the right side of the columns there are the abbrev: APA
Looking this up I found it meant "Awaiting Parental Arrival"
Strange for an adult court. Unless it is for proof of birth or citizenship so they can then proceed with the application in the charter which is for 11(b) to be tried within a reasonable time.
 
Mary - I have no idea about this and kind find on sign of it online. I have no reason to believe a Stay is being sought.
 
Bill, after I read your comment I went back to the Completed Court List to page 38 and 39 to see if this had been pulled. Just in case it soon would be, I printed the page out. It's all there just as I read it earlier. So as an afterthought I figured I should save the pages and lo an behold in that short space of time the "APA" was removed. So I'm thinking it was a clerical error. Probably spotted here by the PAB. So I now have both copies.
 
Gary E.,

I've just shut down the Completed Court Listings and that APA designation was still there.

There must be a whole lot of us tiptoeing through the tulips, trying to make sense of it ...

I started at Page 1 (of 40 pages) of the thing called

Vancouver Law Courts
Public Access Completed Supreme Court List (Adult)
For Files appearing on 20 April 2010

and I found many entries for Aneal Basi, Bobby Virk, and Limited Access (Dave Basi), with appearances on 21 April and anticipated on 26 April and May 3 as well as May 17.

So it looks as if we're still chugging along.

The term "adjourn" begins to make sense when I read the segment about the witness, Ian Munro:

Quote:

Ian Munro, Witness from Nova Scotia, Halifax, give evidence by means of technology that permits him to testify in Nova Scotia in Virtual
presence of the parties and the Court.


It appears that Ian Munro will give his evidence on May 3, 2010 ... and that the trial is then "adjourned" until May 17 (for reasons unknown).

Not until we get to page 38 does the "Stay of Proceedings" appear and I must have jumped to the conclusion that it would be an application by the Defence for a stay. Although it doesn't actually say that. It just says "Stay of Proceedings pursuant to S. 24(1) etc. ..."

So my second thoughts are: a Stay of Proceedings is being sought ... so it presumably would begin with an application to be heard by Justice MacKenzie on Monday, April 26 at 10:00 AM.

There's a lot to figure out, in those 38 pages, however; I hope others will give it their best and let us know how you see the present situation.

Completed Court Listings can be found by starting out along the same route as daily court schedules:

* BC Criminal Charges (left margin), then

* Public Access Completed Supreme Court List (Adult)

* Vancouver Law Courts

The main thing is: I don't think there has been a Stay of Proceedings granted in this case. Not yet. And that's a huge relief.
.
 
:). I guess I was a little too vague in my comments the other day. I had seen the court list and even searched for a little information on Ian Munro. I wasn't sure we could even talk about that, so I just alluded to it. If nothing else, there is going to be an attempt to end the trial without the public being aware until after the fact. Great stuff, Mary, as usual. Thank you!
 
re APA, I found a excellent resource for abbreviations and codes of the Court.
Appearance results

APA as someone wrote above Adjourned for Parents attendance.

If APA is listed under FINDINGS
APA- "Used when the Applicant/Appellant files a Notice of Abandonment or does not appear on the scheduled date. Also used in the case of Appeal, when the Appellant fails to appear for a scheduled appearance."

--

I went to Completed Court list on the right side of page it has IBJ and next appearance is April 28th JSL, But this abbrev. is not listed on the code list I found. BUT. JS is judicial Stay, could JSL be Judicial Stay Launched???

http://webcache.googleusercontent.com/search?q=cache:9R_BPnecgtkJ:www.ag.gov.bc.ca/courts/court-lists/criminal/tables/abbreviations.xls+bc+court+ABBREVIATIONS+apa&cd=3&hl=en&ct=clnk&gl=ca
 
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