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Topics - treb

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Men's Stories / probation without charges?
Jan 22, 2009, 12:49 PM
hello,

Im new here, I have been searching the internet for a support group such as this.

this is a copy of a letter I sent to a defense lawyer. and its my story.

Hello
Maybe you can tell me if what happened to me is even legal under the Canadian constitution.

I moved back to Toronto after 10+ years, and contact old friends and girlfriends. One old girlfriend (whom I haven't seen in 14 years) went to the police and told them that I was stocking her and that I was a threat to her life. (her evidence being the three emails I sent asking if she wanted to get together for a coffee) The police leave a message on my phone asking me to contact them regarding a investigation. I was given a phone number to contact them, this phone number didn't work. (I found out from the police switch board that the number belonged to a officer that retired some months earlier) The investigating officer gave me a false number to contact, I'm assuming to make it appear to her superiors that I was trying to evade the police. After several weeks, the Investigating officer finally did make contact with me, and asked me to come to the police station (52 division) and asked if I could help them with a investigation, but as soon as I arrived at the police station, I was placed in cuffs, and told I was being charged with criminal harassment.

I was then interviewed by the investigating officer, who said "I don't need to hear any more of this" after two sentences of my side of the story. (the officer clearly wasn't interested in my side of the story, therefore not interested in justice) After sitting in a holding cell for 15 min, I was released with a promise to appear.
My ex girlfriends statement to the police was composed entirely of lies about things that I had supposedly done 14 years ago. She also told the police that my father was abusive to my mother. (this had lead to harassing phone calls to my parents, by the investigating officer, these still continue to this day, almost a year after the trial) My ex even went as far as to hang wanted poster of me around Toronto, with my picture on it stating "if you see this man call the police"

All through the preliminary trials the crown constantly referred to my singular charge as "Charges in a domestic dispute" to the JP. Again I assume this is to exaggerate the situation to the JP.

I did not have a lawyer during any of the trials.

Before the trial I went to the subpoena office, and had my ex girlfriends mother added as a witness on my behave. (Ironically the crown attorney was also the person in charge of subpoenas, and she took the required info for the subpoena) or so I thought.
The day of the trial, I was told by the crown and investigating officer that my ex was too afraid to be in court with me, and that they want me to plead guilty to avoid jail time, I told them that I want a trial. I then asked the crown attorney if she had subpoenaed my exs mother, I was told that my ex didn't want her mother involved in the case, so the crown never filed the subpoena request. So my only hope to have this situation cleared was taken away from me.

The crown and investigating officer then told me I could avoid jail time if I joined a program called P.A.R.s (Partner Abuse Response) Unfortunate no one, not even the court adviser would tell me exactly what this program was, or the fact that I would have to pay for this out of my own pocket)
I was simply told "Its a program for men with your mental problems" I agreed to the program just to simply end the court proceedings, not knowing what it was. I was then lead to a JPs/judges chambers and asked to sign some documents, after signing these documents, I was then told by the JP/Judge "YOU ARE NOW UNDER PROBATION"
Can you put someone on probation, who has never been convicted of a crime?? or was I tricked by the crown into signing my rights away?

I went to my first PARs class, only to find its a program for men who have been charged with domestic abuse, I immediately told the consoler that a mistake had been made, and that I should not be in the program, I was then told that if I didn't attend the program, I would be arrested and jailed for breach of probation.
All during the PARs program, the investigating officer would call my parents and ask them if they knew where I was, and if they had my phone number. I have given this officer my address and phone number three times, why she continues to call my parents and harass them is beyond any logic I find.

I have considered suing my ex for slander (the wanted posters she hung around Toronto) but I'm more concerned about the complete lack of ethics in the family court system, and the anti-male bias is just astounding.
Is any of this even legal? has the charter of rights been ignored?