CANADA

PROVINCE OF BRITISH COLUMBIA

In the Provincial Court of British Columbia

(Before the Honourable Judge Smith)

REGINA

v.

JASON LALANCETTE and JERRY-LEE JOAN CERNY

PROCEEDINGS AT

ARRAIGNMENT HEARING

APPEARANCES:

Proceedings

18 December 2000
Victoria, B.C.

THE CLERK: Calling number 5, from room 126, a federal matter, Jason Lalancette and Jerry-Lee Joan Cerny.

MS. FISHER: Again, for the record, Chandra Fisher, with --

THE COURT: Thank you.

MS. FISHER: -- federal Crown.

THE COURT: And who are you, please, sir?

DAVID PARSONS: I'm David Alexander Parsons [phonetic]. Mr. Lalancette has asked me to speak for him; Ms. Cerny as well.

MS. FISHER: I have --

THE COURT: Well, Mr. Lalancette, you come forward, please, sir. Sir -- and is there a Mr. Cerny charged as well?

DAVID PARSONS: Ms. Cerny, but there is a problem here. This --

THE COURT: No, excuse me, sir. Who are you?

DAVID PARSONS: Me?

THE COURT: Yes.

DAVID PARSONS: David Alexander Parsons.

THE COURT: Yes.

DAVID PARSONS: I've been asked by Ms. Cerny and Mr. Lalancette to represent them in this court.

THE COURT: Are you a student at law?

DAVID PARSONS: No.

THE COURT: Are you an articling law student?

DAVID PARSONS: No. And --

THE COURT: Are you a lawyer?

DAVID PARSONS: I am not.

THE COURT: Thank you. You are not going to be representing them, sir.

DAVID PARSONS: I do not have to be any of those.

THE COURT: You are --

DAVID PARSONS: They can be represented by anybody of their choice as long as he's not being paid for it, and I am not being paid.

THE COURT: Sir --

DAVID PARSONS: The Legal Profession Act states --

THE COURT: Excuse me --

DAVID PARSONS: -- that I may represent them.

THE COURT: Sir --

DAVID PARSONS: Now, if -- if they are not allowed to have their counsel of choice, then I suggest this be dismissed.

THE COURT: Sir you can have a seat.

DAVID PARSONS: I refuse.

MR. LALANCETTE: [inaudible/away from microphone] and refuse to plead or take any other proceedings in this court until this judge obeys the law.

THE COURT: Sir, I suggest you keep your fingers down --

DAVID PARSONS: If you are --

THE COURT: -- and just have a seat in the courtroom or --

DAVID PARSONS: If you are going to break the law --

THE COURT: -- you are going to be removed now.

DAVID PARSONS: -- I will be filing criminal charges against you.

THE COURT: Mr. Sheriff, would you remove him from the courtroom, please.

THE SHERIFF: Mr. Parsons --

DAVID PARSONS: Are you arresting me?

THE SHERIFF: You're not under arrest [indiscernable/speakers overlapping] --

DAVID PARSONS: On what charge?

THE SHERIFF: Just --

UNIDENTIFIED SPEAKER: Stand back, please. Stand back. Thank you.

DAVID PARSONS: You are going to be charged under the Criminal Code, do you understand me?

THE SHERIFF: Mr. [indiscernable/banging noise] --

DAVID PARSONS: Am I being arrested?

THE SHERIFF: No.

UNIDENTIFIED SPEAKER: Let's go, sir.

DAVID PARSONS: Then why are you holding me?

THE COURT: Mr. Lalancette, you come forward, please, and you, please, Ms. Cerny.

DAVID PARSONS: Do not proceed.

THE ACCUSED LALANCETTE: I'm not proceeding on this until --

DAVID PARSONS: I'm going to be filing criminal charges --

THE ACCUSED LALANCETTE: -- my counsel has dealt with the issues, so...

DAVID PARSONS: -- against this judge today.

THE COURT: Are you going to arrange for a lawyer?

THE ACCUSED LALANCETTE: Um, yes.

THE COURT: No, I am not talking to you now. Are you going to arrange for a lawyer?

THE ACCUSED CERNY: No, sir.

THE COURT: You are not. Are you going to represent yourself?

THE ACCUSED CERNY: No, I am not, sir.

THE COURT: Who are you going to represent [sic]?

THE ACCUSED CERNY: I'm agreeing that David Parsons will represent me due to financial [indiscernable/speakers overlapping] --

THE COURT: And what do you intend to do, sir? The same?

THE ACCUSED LALANCETTE: Yes.

THE COURT: Okay. Each of you are charged on the --

DAVID PARSONS: My property is in this courtroom. You will get it. My coat is right over there. Also, I want my briefcase. I have the necessary papers to file these charges.

THE COURT: Each of you are charged on the 25th of September of this year, in Central Saanich, B.C., unlawfully producing a controlled substance, cannabis marihuana, contrary to the Controlled Drugs and Substances Act, and in count two, possessing a controlled substance, cannabis marihuana, in an amount not -- in an amount greater than thirty grams, contrary to the Controlled Drugs and Substances Act. Do each of you understand the charge?

THE ACCUSED LALANCETTE: Yes.

THE COURT: You, Ms. Cerny?

THE ACCUED LALANCETTE: We need --

THE ACCUSED CERNY: Yes.

THE COURT: I'm sorry?

THE ACCUSED LALANCETTE: We need this adjourned until --

THE COURT: For what reason?

THE ACCUSED LALANCETTE: Until we get counsel.

THE COURT: Okay. Well, you already indicated to me who your counsel was going to be is someone by the name of Mr. Parsons.

THE ACCUSED LALANCETTE: Yes.

THE COURT: Well, I am telling you that that person will not represent you, not being a lawyer, not being an articling law student.

THE ACCUSED LALANCETTE: Actually, I've looked up the law and he has the right to represent us [indiscernible/speakers overlapping] --

THE COURT: Okay. Well, that is fine. You can bring on your applications at the date of trial.

MS. FISHER: Your --

THE COURT: Is this an indictable offence?

MS. FISHER: Yes, Your Honour

THE COURT: Yes.

MS. FISHER: I do have initial sentencing --

THE ACCUSED LALANCETTE: Well, we're proceeding under protest, though.

THE COURT: Well, that is fine.

MS. FISHER: I have initial sentencing submission for both individuals as well as particulars for Ms. Cerny. It's her first appearance. She was turned over from 126 due to comments made by Mr. Parsons. Ms. Cerny, I have some documents for you.

THE COURT: Are you aware --

THE CLERK: [inaudible/away from microphone] just put this on the file. Is that okay with you?

THE COURT: No, I [inaudible/away from microphone] --

THE CLERK: No? Okay.

THE COURT: Each of you have the option to be elected -- to be tried by a Provincial Court judge without a jury and without having had a preliminary inquiry, or you may elect to be -- have a preliminary inquiry and to be tried by a court composed of a judge and jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do each of you elect to be tried?

THE ACCUSED LALANCETTE: Well, I'm proceeding under protest, so I'm not commenting on that.

THE COURT: Okay. And how about you?

THE ACCUSED CERNY: I -- I don't know at this point.

THE COURT: And what do you wish to do?

THE ACCUSED CERNY: Do -- am I permitted some time to consider?

THE COURT: Certainly.

THE ACCUSED CERNY: Okay.

THE COURT: And you -- bearing in mind what I said to you earlier today about Mr. Parsons.

THE ACCUSED CERNY: Yes.

THE COURT: Okay. I will put both of you over, the, to a date early in January. The 2nd of January. Is that going to be convenient?

THE ACCUSED CERNY: [inaudible/away from microphone].

THE COURT: 2nd of January, next, nine-thirty in the morning, this courtroom.

MS. FISHER: Your Honour, if I [indiscernible/background noise] make an application to amend the information at this time. I have information from Constable Johnson that Ms. Cerny's name should not have the I in it. It should be just C-e-r-n-y.

THE COURT: Do you know how -- is that how you spell your name, without the I?

THE ACCUSED CERNY: Yes.

THE COURT: So amended.

MS. FISHER: Thank you.

THE COURT: Election at that time, please.

(PROCEEDINGS ADJOURNED TO 02 JANUARY 2001)