Violations of the Criminal Code

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Since 1990 I have seen strata council members commit offences that are defined as criminal in Canada including vandalism, public mischief, criminal negligence, threats, intimidation, extortion, money laundering, theft, nuisance, defamatory libel, and bodily injury,   

My own strata corporation incurred ongoing losses when former council members, Ms. Georgia Title and Mr. Al MacLeod, vandalized the property, preemptively cutting down mature trees unlawfully in order to open up their preferred views. After refusing to maintain reasonable landscaping standards for over 5 years, they diverted (stole) surplus special levy funds from building envelope repairs to completely destroy the original landscaping to suit their own interests. The sinking buildings and premature breakage of pavement and underground sewers when the roots decomposed continues year after year, leaving the strata's operating funds and contingency reserves so impoverished that standard repairs and maintenance are unfunded, while owners are forced to pay what amounts to about $600 a month to live in a place with no lobby, no elevator, no pool, no central heating, and not even a carpet to vacuum. Owners do nothing to stop corrupt members of council who unlawfully take over common property for their own exclusive use and unjust enrichment with impunity.

In September 2014 Georgia Title and the RCMP thwarted my right to protest against corrupt governance, at which point I further noticed the alarming difference between the law and its administration when corrupt people get a hold of power.

On that September day I sat reading a book on a recreational sundeck on the common property adjacent to Unit 408. Then members of council, Georgia Title and Marnie Hennan, used the police as a weapon to stop me from continuing a constitutionally protected sit down protest against their violations of strata legislation governing significant changes in the use or appearance of common property. 

Ms. Title falsely accusing me of trespassing on limited common property caused the RCMP to enter an investigation, when I was nowhere near limited common property. No such offence had been committed, which she knew, or very well ought to have known, but she kept up her false pretenses by deliberately characterized my complaints as harassment and publishing defamatory reports in the minutes to wrongfully injure my reputation and distract attention away from her own misconduct. In doing so she caused personal injury to me from which I have never recovered. 

Rather than perform council's duty to enforce the bylaws to remedy continual interference with my use and enjoyment of common property, Ms. Title fraudulently misrepresented the deck as something designated for the exclusive use and benefit of Ms. Hennan. The way that Georgia and Marnie extended such deceptive and horrifically unneighbourly disregard of my rights in September 2014 is actually outlawed in the Criminal Code. 

I don't like it. 

Excerpts from the Criminal Code, C-46
 “bodily harm” means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;

“complainant” means the victim of an alleged offence (if a victim of police intimidation and abuse complains, the RCMP effectively reverse this definition, treating the police as the victim);
“senior officer” means a representative who plays an important role in the establishment of an organization’s policies or is responsible for managing an important aspect of the organization’s activities
“steal” means to commit theft;

“weapon” means any thing used in causing injury to any person, or for the purpose of threatening or intimidating any person.

A person shall be deemed not to be guilty of the offence until he is convicted or discharged

No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.

Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.

21. (1) Every one is a party to an offence who actually commits it; does or omits to do anything for the purpose of aiding any person to commit it; or abets any person in committing it.

22.1 In respect of an offence that requires negligence, an organization is a party to the offence if… one of its representatives is a party to the offence, or two or more of its representatives engage in conduct, whether by act or omission or the senior officer departs markedly from the standard of care that, in the circumstances, could reasonably be expected to prevent a representative of the organization from being a party to the offence.

23. (1) An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape

140. Every one commits public mischief who, with intent to mislead, causes a peace officer to enter an investigation by making a false statement that accuses some other person of having committed an offence;  or doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;  or reporting that an offence has been committed when it has not been committed.

180. Every one commits a common nuisance who fails to discharge a legal duty and thereby causes physical injury to any person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

219. Every one is criminally negligent who in doing anything, or in omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons.

221. Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

245. Every one who administers or causes to be administered to any person any destructive or noxious thing is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, if he intends thereby to aggrieve or annoy that person.

265; assault is force or the threat of force intentionally applied to a vulnerable person directly or indirectly without consent; (eg. Georgia Title, Marnie Hennan, and Jolanta Teszka  inducing the RCMP with false statements to issue a ticket to me and threaten "worse" to wrongfully deny statutory unit entitlement access to recreational sundecks on common property)

298. A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to contempt.

300. Every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

301. Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

322. (1) Every one commits theft who fraudulently and without colour of right takes or converts to his use anything with intent to deprive, temporarily or absolutely, the owner of it, or to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
(2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.
(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

328. A person may be convicted of theft notwithstanding that anything that is alleged to have been stolen was stolen by a person who has a special property or interest in it from the owner of it; or by the representatives of an organization from the organization.

336. Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

361. A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it.

362. Every one commits an offence who by a false pretence obtains anything in respect of which the offence of theft may be committed.

397. Every one who, with intent to defraud, destroys, mutilates, alters, falsifies or makes a false entry in, or omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Appendix A to the 2014 AGM minutes shows that the sundeck was not designated as limited common property as claimed. Georgia Title was the strata secretary responsible for severing Appendix A from the minutes, and Jolanta Teszka presented those minutes to the RCMP as evidence.

 
422. Every one who wilfully breaks a contract, knowing or having reasonable cause to believe that the probable consequences of doing so, whether alone or in combination with others, will be to cause serious bodily injury, or to expose valuable property, real or personal, to destruction or serious injury, is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years, or an offence punishable on summary conviction.

423. Every one is guilty of an indictable offence and liable to imprisonment who, wrongfully and without lawful authority, for the purpose of compelling another person or their relative to abstain from doing anything that he or she has a lawful right to do, intimidates or attempts to intimidate that person by threats that the property of any of them will be damaged.


430 Anyone who wilfully engages in destruction, damage, or interference with lawful use and enjoyment of property commits mischief.  Every one commits public mischief who, with intent to mislead, causes a peace officer to enter an investigation by making a false statement that accuses some other person of having committed an offence;  or doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;  or reporting that an offence has been committed when it has not been committed.