No. 23929
Vancouver Registry




IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:
HER MAJESTY THE QUEEN


AND:
BETTY KRAWCZYK


NOTICE OF APPLICATION FOR CONSTITUTIONAL REMEDY


TAKE NOTICE that an application will be brought on behalf of the Accused pursuant to the Canadian Charter of Rights and Freedom to the British Columbia Supreme Court at the Courthouse located at 800 Smithe St., Vancouver, British Columbia, on the 29th day of January, 2007 at the hour of 10:00 a.m. in the forenoon or as soon thereafter as the Motions my be heard for an Order that:

The Applicant claims protection of Sc.2a of the Canadian Charter of Rights and Freedom in the charge of Alleged Criminal Contempt of Court against her in an environmental dispute and will argue her right to exercise her Freedom of Conscience under Sc.2a and is seeking relief in these areas:


2 The Applicant claims her rights to the protection of 2a, 2b,2c and 2d under the Charter have been infringed which includes not only the provisions that guarantees Freedom of Conscience, Freedom of Speech and Freedom of the Press, but also Freedom of Access to the Press through Freedom of Association and Freedom of Peaceful Assembly. The Applicant claims that the present criteria used by the courts in British Columbia in environmental disputes that result in alleged civil contempt of court charges being raised to criminal contempt of court due to the amount of attention, or press, surrounding the protest denies the Applicant’s Charter rights of 2a,b,c, and d.

3 The Applicant will argue that that her rights under Sc 7 of the Charter has
also been infringed through this criteria for elevation of her alleged charges
and asks that the criteria of how much attention, or press, attends an
environmental protest be struck down pursuant to Sc. 24(1) The Claimant contends that only actual charges of alleged criminality by environmental protesters, that is, the use of violence against other persons or property, or threats of violence, should be the criteria for the elevation of alleged civil contempt to alleged criminal contempt.

The Applicant was, and is, being held in arrest by a trial judge under BC Rule 56 without an underlying specific charge by the complainant corporation, and the Applicant’s case has subsequently been turned over to the Crown, by invitation from the judge. The Applicant claims that this procedure gives the appearance of judicial bias and the Applicant seeks relief under Sc. 11(d) of the Charter to the right to a trial untainted by the appearance of judicial bias and to Sec. 15 of the right to equality before the law. The Applicant asks that the use of BC Rule 56 which gives the trial judge the right of arrest without a specific underlying charge by a company, or corporation or government complaint and which then enables the same judge to invite the Crown to take charge of the proceedings be declared unconstitutional and struck down pursuant to S24(1)






Betty Krawczyk
#204-1828 Frances St.
Vancouver, BC V5L 1Z7
604-255-4427
betty_krawczyk@hotmail.com

OOPS! In my previous posting I wrote that Hayes Forest Services who is suing me for this blockade in the Walbran Valley was contracting for MacMillian Bloedel at the time which was not the case. Hayes was contracting for Weyerhaeuser when they brought down the injunction which resulted in my arrest. But the two giant US based corporations are so similiar in their ruthless corporate profiles as invaders of Canadian old growth forests and they both have given me such a hard time, in order to avoid confusion I'm looking for a generic name for them. Any body got any ideas?
Betty K

BETTY’S CHRISTMAS PRESENT
FROM THE US LOGGING INDUSTRY

My stars, will wonders never cease? At Christmas time, too. Just received a notice that Hays Logging is suing me. Yes, indeedy. For stopping for a few weeks their incessant feeding of Canadian public forests (the Walbran) to the American giant MacMillan-Bloedel Logging several years ago. The very same accusations that jailed me for ten months under the Campbell government. But are they satisfied? Oh, no. They want more granny blood. They want my little cabin in the woods. As I have no car, no money. no investments and live in a rented apartment in a cheap part of town, they can only go after my little cabin with its leaky roof and compromised front steps. Or is is that really what a giant US corporation like MacMillan Bloedel and its sub contractor, Hays Logging, is after?
Maybe not. . Instilling fear in me and other citizens is more likely. Fear works. Not always. But enough to make mullti national corporations who loot and plunder the world over even more arrogantly bold. And the loot and plunder becomes even sweeter still with provincial leaders like Campbell on side. Campbell is dazzled by the audacity of Americans. He loves their style of cut and run. And I have a deep, dark suspicion that the CEO’s of Kiewit and Sons, another giant US firm looting and plundering on Canadian soil (Eagleridge Bluffs) and the CEO’s of MacMillian-Bloedel with Hays Logging tagging along to give some hypocritical pseudo Canadian input, have tea together form time to time with Gordon Campbell. After all, he invited these Americans in to help formulate government policy on public logging.
The kind of law suits that Hays logging (surrogate for MacMillan Bloedel) will be pursuing against me is called a SLAP suit. These suits are used in BC with the help of the courts to keep citizens out of our own woods. SLAP stands for Strategic Lawsuits Against Public Participation. Isn’t that an apt title? Isn’t that beautiful? Again, Gordon Campbell thinks so. He canceled the NDP anti- slap suit legislation that was just beginning to take hold in BC as soon as he got into office. And Mr. Wally Oppal promptly informed the press that SLAP suits, piggy backed with court injunctions and charges of contempt of court would remain the preferred way to curb environmental protest. But can Canadians, on sovereign Canadian soil, slap back at these foreigner invaders and destroyers who are protected by slack minded politicians and vacant eyed underlings who steal away living Canadian treasures? Of course we can. More later. Betty Krawczyk
604-255-442
Betty_krawczyk@hotmail.com