...he was assaulted by two female employees in the men's change room at Fitness World in North Vancouver

Dear Editor

The North Vancouver RCMP arrested a good friend of mine on January 30, 2005. This gentleman's name is David Wallace Millar. I received phone message from Mr. Millar on Monday the 31st indicating that he was being wrongfully accused. He states that he was assaulted by two female employees in the men's change room at Fitness World in North Vancouver. Mr. Millar remains in custody despite his Habeus Corpus application before the court.

Mr. Millar has had a "K" assignment to his file number indicating to the judge that this is a domestic assault case. The truth is that this practice affords different treatment to individuals under the law violating section 15 of the constitution. Mr. Millar did not even personally know the women.

This case bears a striking resemblance to Crockford Scott v RCMP complaint: 

I subsequently visited Mr. Millar at the North Vancouver cell where he was being detained. The events that Mr. Millar wants me to transmit to you are as follows.

1. Mr. Millar is and has been a paid member of Fitness World, North Vancouver for over 3 years. Mr. Millar resides in the building above Fitness World. He was at the facility on Sunday Jan 30 2005 at 10:00 pm.

2. That evening after his usual workout Mr. Millar was in a state of undress as he was approached in the men's changing room by two female employees

3. A rather shocked and shy 56 year old elderly gentleman was informed by them they wanted to close for the evening for a private party.

4. Mr. Millar inquired why they (woman) were in the men's changing room.

5. The two female fitness world employees were offended by his inquiry and instructed Mr. Millar he had to leave immediately.

6. Mr. Millar said he would leave once he was dressed.

7. The two female fitness world employees grabbed his workout bag and tried to escort him off the premises.

8. Mr. Millar grabbed his property back.

9. The two female Fitness World employees then instructed Mr. Millar that they were going to have him charged for assault and then proceeded to assault Mr. Millar with some form of Martial Art kicking maneuver.

10. Mr. Millar Inquired if ladies realized the consequences of their actions?

11. The Ladies uttered for another employee to call 911 to summons the police to have Mr. Millar arrested for his alleged assault on them.

Mr. Millar also has received numerous abrasions on his face and a suspected broken wrist due to the harsh and unusual treatment by the attending RCMP.

Mr. Millar suffers from crippling nerve atrophy in his spin and regularly goes for spinal injections to ease pain while walking.

I received Mr. Millar's obvious distressed call from jail and was horrified to learn Mr. Millar had been arrested wrongfully , denied council, medication, and his constitutional right to HABEAS CORPUS

Mr. Millar's location was kept secret from all inquiry until this morning.

For the record David is very active Member and the Coordinator of the Equal Parenting Group Society and highly educated with varying bachelor degrees in English and well rehearsed in Canadian Law surrounding Habeas Corpus

Mr. Millar has now been wrongfully imprisoned for over two and a half days and is still being denied his constitutional right to HABEAS CORPUS

Although Mr. Millar has now been processed and released through our fair and accessible Court System he understandably refuses to sign the form officially releasing him in fear that this would be perceived as his own admission of his own guilt.

Friend of David Millar

Where have we heard this before?  A place where our prominent EPGer could predictably be found alone?

..    Sunday night, 10PM close? 

What kind of "party" would  would these Fitness World staff have to go to that was so significant that they would have to kick-box him to the ground? 

Sounds premeditated and a POLITICAL attack by Fitness World staff......Editor 

David Millar was the same night beaten by Polices and arrested, injuring him such that he would require back surgery for a herniated disc.

Charter and Law Argument, David W. Millar

David Millar's Testimonial on his assault and wrongful arrest at the North Vancouver Fitness World, January 30th, 2005

"Dear Editor

"On January 30th, 2005, at 10:00 p.m. I was finishing my routine workout at Fitness World, 1999 Marine Drive in ‘North Vancouver’. I have been a member there since 1999, and my schedule of Friday, Sunday and Wednesday 7:-00-10:00 p.m. has been constant and consistent.

"As it happened, I was late getting out of the shower, and was dismayed to find that it was 10:05pm by the time I dried off and recovered my wristwatch from my gym locker. There were two unknown members in the change room, both about two minutes ahead of me in getting dressed. Two female voices were shouting down the hall for us to get out. This was highly irregular, and we exchanged incredulous looks. No sooner had they left, and the women were sure that I was alone, they boldly entered the mens change room and demanded I leave at once or they would charge me with assault. I repudiated them on that account, and pointed out the obvious, that I would have to finish dressing and pack up my gear in order to leave. I also told them that it was normal for the staff to leave and lock the front door, because they knew that I exited by the interior stairwell, because I lived in the building. Within a minute, the unknown female Fitness World employee now known to me as Jacqueline Noel picked up my gym bag and attempted to make off with it. This was completely unacceptable, as my apartment keys were contained therein, and I instantly snatched it our of her hands. She started screaming "That’s it! You just assaulted me! Call 911!" Then they both tried to steal my gym bag, but again I easily ripped it out of their hands, because it is a well used backpack, and I am too well aware of the handles to grip.

"These females were astonishing in their presumption and tenacity in harassing me for the sake of three minutes it would have taken me to finish dressing and leave. It occurred to me that this might not be their objective, when they stated that they were not ‘afraid’ of me. As I mounted my backpack and began to walk out of the change room, they followed me with ‘Karate’ styled high kicks, which I could see in the mirrors of the washroom portion of the change room. I stopped and took a step back towards them, letting the last high kick be placed right in front of my face. I said, "Do you seriously propose to engage in combat with me?" They backed off, the other one muttering childish threats "My boyfriend will kick your ass!" I continued another 10 yards down the change room towards the exit, and I sensed they had hastened up, closing the gap between us behind my back. I stopped again, turned and said, "You first, I won’t have you sneaking up behind me." They said "No, its OK, we’ll keep five yards behind you". Resignedly, I continued, and as soon as I cleared the locker room (which is the length of the width of the East Tower of the International Plaza at 1969 Marine Drive) and began to climb the stair up to the pool area, employee Noel started screaming, "Did you call 911? He’s trying to get away!" I thought, ‘Well! An interesting development, the introduction of a new level of harassment!’

"Noel then exclaimed at the top of the stairs, "I’ll follow you home so the police will know where to go to arrest you! You’re not going to get away with this!" Seeing no point in leaving, and in despair of the sixty seconds it would have taken me to get to my apartment, I decided it would be only prudent to take a leak before settling in to wait for the police to come. When I exited they were lurking at the doorway and again the Noel female repeated her threat to follow me home. I sat sown at one of the gym workstations and tied my shoes. The Noel female again got into my face, and a verbal exchange followed. Yet another unknown female approached me with some form of reprimand, which I repudiated. Then I was called to the front desk and handed the 911 telephone.

CONDUCT OF MY JAILERS

1) ‘Lost’ my property- watch- plus personal property from cell to the value of $60, which had been donated by friends who had done me the great courtesy of visiting me in jail. Continuously engaged in the obstruction of justice by resisting my efforts to place a writ of habeas corpus, endangering my reputation and thus my personal safety among the inmates of North Fraser Detention, and destroying or removing my legal writings and research hard won from the prison library, including my disclosure information given me by the Crown.

References:

ARREST W/O WARRANT BY A PEACE OFFICER

limitation / consequences C.C.C. 495

(l)A peace officer may arrest without warrant

(a) a person who has committed an indictable offense or who, on reasonable grounds, he believes

has committed or is about to commit an indictable offense;

(b) a person who he finds committing a criminal offense

(c) ....

(2) A peace officer shall not arrest without warrant for

(a) an indictable offense mentioned in s. 553 (CCC),

(b) an offense for which the person may he prosecuted by indictment or for which he is punishable on summary conviction

(c) an offense punishable on summary conviction,

in any case where

(d) he believes on reasonable ground that the public interest, having regard to all the circumstances including the need to

(i) establish the identity of the person

(ii) secure or preserve evidence of or relating to the offense

(iii) prevent the continuation or repetition of the offense or the commission of another offense

may be satisfied without so arresting the person, and

(e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will

fail to attend the court in order to he dealt wit in accordance with the law

(3) Notwithstanding as. (2). a peace officer acting under ss. (l) is deemed to be acting lawfully and

in the execution of his duty for the purposes of

(a) any proceedings under this or any act of Parliament

(b) any other proceedings unless in any other proceedings it is alleged established by the person making the allegation that the peace officer did not comply with the requirements of ss. (2) KS., v.0-34, s.450; R.S. ci (2’~ supp), s.5, R.S.C, 1985; a. 27 (Vt supp.), s.73.

10) Criminal Harassment (ce/264) charge against the complainants.

Martin’s Criminal Code 2005 (cc/526)

264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes the other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them;

(2) The conduct mentioned in subsection (1) consists of

(a) repeatedly following from place to place the other person, or

(b) repeatedly communicating with, either directly or indirectly, the other person, or ...;

(c) besetting or watching the dwelling house. or place where the other person resides, works, carries on business or happens to be; or,

{d) engaging in threatening conduct directed at the other person..

"The mens rea required for this offense (Criminal Harassment cc/264) is that the accused knew that his conduct caused the complainant to be harassed or that he was aware of such a risk and was reckless or willfully blind as to whether or not the complainant was harassed.

11) Theft (ccc/322) charge v. complainants. Martin’s Criminal Code 2005 (s.322 Assault)

Moreover, even if I had committed a trifling assault on these hostile females, I acted within right, the Criminal Code of Canada stipulates:

Defense of Property

Defense of personal property

38. (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified

(a) in preventing a trespasser from taking it, or

(b) in taking it from a trespasser who has taken it, if he does not strike or cause bodily harm to the trespasser.

Assault by trespasser

(2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.

R.S., c. C-34, s. 38.

Defense with claim of right

39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

Defense without claim of right

(2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.

R.S., c. C-34, s. 39.

Unlike every citizen, every government agent in performance of their duty is BOUND BY THE CONSTITUTION and the Charter of Rights and Freedoms within it. For them to persist in full knowledge that they have violated the Charter constitutes TREASON.