Judgment of Justice Karen M. Horner: Court of Queen Bench of Alberta

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Tuesday, September 7, 2010

(CORRECTED) Reasons for Judgment of the Justice Karen Horner 6th day of July 2007; filed October 22, 2007

Reasons for Judgment of the Justice Karen Horner 6th day of July 2007; filed July 13, 2007

Table of Authorities

[01] Sections 1, 7, 12, 15.(1), 15.(2), 24.(1), 24.(2), 32.(1) of the Canadian Charter of Rights and Freedoms
[02] Justice and Attorney General - Mandate
[03] Sections 63.(1), 65.(2)(b), and 65.(2)(c) PART II Judges Act
[04] Sections 6(1), 6(2), 28(1), and 28(2) Canada Evidence Act
[05] Alberta Rule of Court 158.5(1)(e)
[06] Paragraphs 122, 362(1)(c), 380(a), 463(a) of the Criminal Code of Canada

Case Law:
[01] Dahlseide v. Dahlseide, 2008 ABCA 429 (CanLII) — 2008-12-17 Court of Appeal — Alberta
[03] Ambrozic v. Burcevski, 2008 ABCA 194 (CanLII) — 2008-05-22 - Court of Appeal — Alberta
[04] Citation: Conway v. Zinkhofer, 2008 ABCA 392. Date: (2008-11-20............Court of Appeal of Alberta
[05] Khamo v. Daved, 1998 ABQB 832 (CanLII) — 1998-10-14
[06] Naistus v. Huculak, 1998 ABQB 263 (CanLII) — 1998-04-15
[07] Doucet-Boudreau v. Nova Scotia (Minister of Education), 2003 SCC 62, [2003] 3 S.C.R. 3
Date: 2003-11-06
Docket: 28807
Parallel citations: 2003 SCC 62 (CanLII) • 218 N.S.R. (2d) 311 • 232 D.L.R. (4th) 577 • 112 C.R.R. (2d) 202

LIST OF EXHIBITS

EXHIBIT 1 - Defendant's, "1st List of Exhibits"
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EXHIBIT 2 - Defendant's, "2nd List of Exhibits"
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EXHIBIT 3: Analysis of Ms. Achtem's Exhibits M to R and Cross-examination
EXHIBIT 3A - Mrs. R. Sail's (Achtem) exhibit M
EXHIBIT 3B - Rhonda Sails's (Achtem) Cross-exam of exhibit M
EXHIBIT 3C - The Proper Response to exhibit M
EXHIBIT 3D - Mrs. R. Sails's (Achtem) exhibit N
EXHIBIT 3E - Mrs. Sails's (Achtem) cross-exam of exhibit N
EXHIBIT 3F - The Proper Responce to exhibit N
EXHIBIT 3G - Mrs. R. Sails's (Achtem) exhibit O
EXHIBIT 3H - Rhonda Sails's (Achtem) Cross-exam o exhibit O
EXHIBIT 3I - The Proper Responce to exhibit O
EXHIBIT 3J - Mrs. R. Sails's (Achtem) exhibit P
EXHIBIT 3K - Rhonda Sails's (Achtem) Cross-exam of exhibit P
EXHIBIT 3L - The Proper Response to Rhonda Sails's exhibit P
EXHIBIT 3M - Mrs. R. Sails's (Achtem) exhibit Q
EXHIBIT 3N - Rhonda Sails's (Achtem) Cross-exam of exhibit Q
EXHIBIT 3O - The Proper Response to exhibit Q
EXHIBIT 3P - Rhonda Sails's (Achtem) exhibit R
EXHIBIT 3Q - Mrs. R. Sails's (Achtem) Cross-exam of exhibit R
EXHIBIT 3R - The Proper Response to exhibit R
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EXHIBIT 4 – Mr. Achtem's Medical documents, was marked as Exhibit 2K at Trial. Marked as sub-exhibits to EXHIBIT 4 in this Affidavit listed are as follows:
EXHIBIT 4A – Letter from Dr. Patry to Dr, Hunt Jan 13, 00
EXHIBIT 4B - Letter from Dr. Patry to Dr, Hunt Nov 13, 03.
EXHIBIT 4C – Medical Visit Record with Dr. Hunt, Oct 28, 03
EXHIBIT 4D – Medical Visit Record with Dr. Hunt Jul 16, 04.
EXHIBIT 4E - Letter from Dr. Patry to Dr, Hunt Aug 4, 04.
EXHIBIT 4F - Letter from H. Friesen to Dr. Hunt Aug 17, 04.
EXHIBIT 4G - Doctors Note from Dr. Gawlinski Dec 30, 05.
EXHIBIT 4H – Medical Visit Rep. with Dr. Bakker Mar 12, 07
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EXHIBIT 5 - Order ordering Trial and Pre-trial Order:
EXHIBIT 5A - Order of Justice Hughes May 6, 06. Filed Jun 28, 06
EXHIBIT 5B – Pre-trial Order of Justice Rawlins, dated March 29th, 2007, filed April 2nd, 2007
EXHIBIT 5C – Pre-trial Court Notes of Justice Rawlins, filed March 29, 2007
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EXHIBIT 6: Transcript portions and Court Services
EXHIBIT 6A – Envelope S. Jobagy sent Pre-trial Instructions to wrong address Mar 11, 07
EXHIBIT 6B – Pre-trial Instructions sent to wrong address Shauna Jobagy, March 9, 2007.
EXHIBIT 6C – Pre-trial Order prepared - letter from Shauna Jobagy April 2, 2007.
EXHIBIT 6D – Clerks Pre-trial instructions, Civil Practice Note 5 Family Law Pretrial Conferences, Shauna Jobagy, February 14, 2007
EXHIBIT 6E – Trial agreement, instructions and Order; page 34, line 44 to page 38, line 21.
EXHIBIT 6F – transcript of the 1st page 37 prepared by Alberta Justice TMS – Regional
EXHIBIT 6G – Letter from Gerry Marsh,/Alberta Justice TMS, Regional Oct 29, 07
EXHIBIT 6H – Letter from AB Justice TMS Regional C. Reynolds Oct 31, 07
EXHIBIT 6I -Reply from Court of Appeal to Mr. Achtem Nov 02,2007
EXHIBIT 6J – DENIAL of Pre-trial Order from Shauna Jobagy, Nov 6, 07.
EXHIBIT 6K – Shauna Jobagy recovers the Pre-trial Order Nov 7, 07
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EXHIBIT 7 - Mr. Achtem “Pre-trail Material”, filed March 26, 2007]. Sub-EXHIBITS to EXHIBIT 6 all documents filed together, are listed as follows:
EXHIBIT 7A – Mr. Achtem's Pre-trial Summary, filed March 26, 2007.
EXHIBIT 7B – Statement of assets, liabilities and exemptions, filed March 26, 2007.
EXHIBIT 7C – Memorandum to Judge Dated March 4th, 2007, filed March 26, 2007.
EXHIBIT 7D – Index to Originally filed and served Blue Binder, Mr. Achtem's Notice of Intentions of what documents he would be using at Trial, pursuant to sections 28(1) and 28(2) of the CEA C-5. Filed March 26, 2007.
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EXHIBIT 8 – Ms. Achtem's "Pre-trial Material", filed March 26, 2007]. Sub-EXHIBITS to EXHIBIT 7 all documents filed together, are listed as follows:
EXHIBIT 8A – Ms. Achtem's Concise Letter - Pre-trial, In lieu of a Pre-trial Summary and her own prepared forms instead of using the one you file with the Civil Practice Note 5 – Family Law, Pre-trial Conferences which the clerks send out to both parties as you see in EXHIBIT 5 paragraph 22. Filed March 26th, 2007. (Pre-trial Summary is included)
EXHIBIT 8B – Ms. Achtem's Statement of assets, liabilities, and exemptions, filed March 26, 2007.
EXHIBIT 8C - (Duplicate of EXHIBIT 1) – Ms. Achtem's “1st list of Exhibits”, filed March 26, 2007
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EXHIBIT 9A - Order of Justice Wilkins August 31, 2008 EXHIBIT 9B9 - Order of Justice Cairns – August 6, 2009
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EXHIBIT 10 – Letter from Ms. Linton to Legal Aid, Jan 21, 08 and letter from Legal Aid to Mr. Achtem Jan 24, 08
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EXHIBIT 11A - Order of Justice Dallas Miller Family Special Chambers Hearing: Feb 1, 2008, Filed Febuary 11, 2008
EXHIBIT 11B - Transcript of Justice Miller's Order Febuary 4, 2007
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EXHIBIT 12: Materials SENT by Ms. Sails (Achtem) - Court Documents/Letters/e,ails:
EXHIBIT12A - Letter Ms. Sails SENT to the Court of Appeal of Alberta September 12, 2007
EXHIBIT 12B - Letter Rhonda Sails SENT to the Court of Appeals of Alberta, Jan 24, 08
EXHIBIT 12C - Letter Ms. Achtem sent to Mr. Achtem, May 24, 08
EXHIBIT 12D - Ms. Achtem Received an e-mail from Mr. Achtem, Jun 3, 08
EXHIBIT 12E - Ms. Achtem Received an e-mail from Mr. Achtem, Jun 8, 08
EXHIBIT 12F - Ms. Achtem Motion filed Jul 14, 08. Heard by Justice Wilkins, Jul 31, 08
EXHIBIT 12G - Ms. Achtem's Affidavit filed Jul 14, 08. Application Heard by Justice Wilkins, Jul 31, 08
EXHIBIT 12H - Ms. Achtem Replied to Mr. Achtem's email, Jul 22, 08
EXHIBIT 12I - Ms. Sails's (Achtem) SCC Response, Oct 7, 08
EXHIBIT 12J - Rhonda Sail's sent Letter to SCC, Oct 30, 08
EXHIBIT 12K - Letter Ms. Achtem sent to Mr. Achtem, Dec 22, 08
EXHIBIT 12L - Ms. Achtem sent an email to Mr. Achtem, Jan 22, 09
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EXHIBIT 13 - Complaints and letters, e-mails sent by Mr. Achtem:
EXHIBIT 13A – Complaint Sent to TMS Regional, Oct 29, 07
EXHIBIT 13B – Complaint Sent to TMS Regional, Oct 29, 07
EXHIBIT 13C – Complaint Sent to Court of Appeal, Oct 30, 07
EXHIBIT 13D – Complaint Sent to TMS Regional Oct 31, 07
EXHIBIT 13E – Complaint Sent to Shauna Jobagy, Nov 6, 07
EXHIBIT 13F – Complaint Sent to TMS Regional, Nov 6, 07
EXHIBIT 13G – Complaint to Chief Justice Wachowich and Canadian Judicial Council and other officials, Nov 7, 07
EXHIBIT 13H – Complaint Sent to Shauna Jobagy, Nov 9, 07
EXHIBIT 13I – Complaint Sent to Chief Justice Wachowich, Dec 4, 07
EXHIBIT 13J – Complaint Sent to Justice Minister of Alberta Ron Steven and Canadian Judicial Council, Dec 5, 07
EXHIBIT 13K – Complaint Sent to Canadian Judicial Council, Dec 9, 07
EXHIBIT 13L – Complaint Sent to public officials Dec 12, 07
EXHIBIT 13M – Complaint Sent to Ed Stelmach, Dec 17, 07
EXHIBIT 13N - Letter sent to the Court of Appeal, Jan 7, 08
EXHIBIT 13O – Complaint Sent to Chief Justice Wachowich, Jan 9, 08
EXHIBIT 13P – Complaint Sent to Canadian Judicial Council, Jan 09, 08
EXHIBIT 13Q - Complaint sent to Court of Appeal, Jan 14, 08
EXHIBIT 13R - Complaint sent to Legal Aid Alberta, Jan 23, 08
EXHIBIT 13S - Complaint sent to Chief Justice K. Fraser, Jun 17, 08
EXHIBIT 13T - Complaint sent to Justice Wilkins, Jul 30, 08
EXHIBIT 13U - 08-11-00 sent to Supreme Court of Canada,Nov `08(aprx)
EXHIBIT 13V – Complaint sent to federal Prime Minister Ministers of Canada, Justice Minister of Alberta, Justice Minister of Canada, and others, March 10, 09
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EXHIBIT 14: COMPLAINT REPLIES, from pubic elected or appointed officials, judges and/or their representatives:
EXHIBIT 14A – Complaint reply from Justice Minister Ron Stevens, August 27, 2007.
EXHIBIT 14B – Complaint reply from Peggy Kobly, Oct 4, 07
EXHIBIT 14C – Complaint reply from Peggy Kobly, Oct 9, 07
EXHIBIT 14D – Complaint reply from Canadian Judicial Council, Oct 10, 07
EXHIBIT 14E – Complaint reply from Canadian Judicial Council, Oct 10, 07
EXHIBIT 14F – Complaint reply from Peggy Kobly, Oct 12, 07
EXHIBIT 14G – Complaint reply introduction from Peggy Kobly, Nov 15, 07
EXHIBIT 14H – Complaint reply from Chief Justice Wachowich, Nov 26, 07
EXHIBIT 14I – Complaint reply from Peggy Kobly, Dec 5, 07
EXHIBIT 14J – Complaint reply from Peggy Kobly, Dec 13, 07
EXHIBIT 14K – Complaint reply from Canadian Judicial Council, Jan 3, 08
EXHIBIT 14L – Complaint reply Justice Minister Ron Steven, Jan 16, 08
EXHIBIT 14M – Complaint reply from Canadian Judicial Council, Feb 21, 08
EXHIBIT 14N – Complaint reply from Canadian Judicial Council, Mar 30, 09
EXHIBIT 14O – Complaint Reply from Justice Minister of Alberta – Alison Redford, Apr 6, 09
EXHIBIT 14P – Complaint Reply from Canadian Judicial Council, Jul 9, 09

VERBATIM - Transcript and Audio EXHIBITs

Pre-trial Transcript EXHIBITS:
Subject of public interest deleted transcript by Alberta Justice EXHIBIT X- *
*EXHIBIT X * – From 1st transcript prepared by TMS – Regional; Trial withOUT the Order/Order deleted from transcript, 1st page 37.
EXHIBIT T1 – From 2nd transcript prepared by TMS – Regional; Trial instructions, vague “agreement concerning exhibit”, and the Order; page 34, line 44 to page 38, line 21.

Trial Transcript:
EXHIBIT T2 – Transcript page 39 to page 45
EXHIBIT T3 - Trial Transcript pages 94 to 101
EXHIBIT T4 – Trial transcript page 108 to page 125; (record time: 11:30:00 a.m. to 12:00:00 p.m.
EXHBIT T5 - 159, line 5 to page 161, line 11; (recored time: 2:01:30 p.m. to 2:03:11 p.m.)
EXHIBIT T6 - Exhibit T6 - Trial Transcripts Pages 179 to 185 SCC pages 108 to 122

Family Chambers Order Transcript:
EXHIBIT T7 - Transcript of Justice Miller's Order Feb 4, 08

Audio EXHIBITS (Trial):
EXHIBIT A1 - Record Audio Alleged Witness Box Attack 1st Climax time 11:30:00 a.m. to 11:31:42 p.m.
EXHIBIT A2 - Record Audio Alleged Witness Box Attack 2nd Climax Time: 11:43:32 am to 12:03:08 pm].

Court of Queens Bench of Alberta

Judgment of Justice Karen M. Horner

Tuesday, September 7, 2010

(CORRECTED) Reasons for Judgment of the Justice Karen Horner 6th day of July 2007; filed October 22, 2007

Reasons for Judgment of the Justice Karen Horner 6th day of July 2007; filed July 13, 2007

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Court Judments

Table of Authorities

Federal Court of Canada - Notice of Application for Judicial Review Material

LIST OF EXHIBITS

VERBATIM - Transcript and Audio EXHIBITs

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