Probation Variation Application [Mark Myhre (BCPS); Patrick Fox]
Dear Mr. Fox,
I have been asked to respond to your application to vary probation. As a preliminary matter, I understanding Judge Holmes is available any morning next week between 9 - 10 am. I could be available February 6 or 7. Would either of those days work for you? Do you have a preference?
Mark Myhre
Crown Counsel
BC Prosecution Service
Ministry of Attorney General
222 Main St., Vancouver
Phone: (604) 660-4353
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Mr. Myhre:
I have no preference. But please note, I have forwarded some documents from IRCC and CBSA to Miss Elliott, which I intend to provide the court to support my apparently "delusional" beliefs that I'm not a Canadian citizen. If you haven't already, may you please receive those from her? And perhaps she can forward you the email I sent her earlier today. It contains additional information which will be relevant to the application.
Also, I would love it if Dr. Levy from Forensic Psychiatric Services could be present to provide his expert opinion on whether or not I'm crazy - though I suspect you'll oppose that. If his testimony will delay things somewhat I'm fine with that - I don't expect my application is going to be approved anyway.
Sincerely,
Patrick Fox
Mr. Fox,
I will ask for the application to be scheduled for next Wednesday, February 6, at 9 am. I do have your documents from Ms. Elliott, however I do not have an actual application. Have you filed an application detailing what you are applying to change in your probation order? If so, could you send it to me? If not, could you create one so that I have some idea what you are requesting?
Thank you.
Mark Myhre
Mr. Myhre:
I had submitted the form, in triplicate, to the registrar when I first requested the hearing. I never received a copy of it.
On the form, all I requested was to modify the condition that I not leave BC (though I'm actually requesting to be able to leave Canada - not just BC). I stated that I have no status in Canada and am not authorized to work, so the condition is causing me very serious hardship - all the same stuff I brought up during sentencing.
There are other issues, for example, not being able to use the Internet to work on my appeal; or being prohibited from making any statements about Capuano or referring to her by name - which make it impossible for me to discuss her in the context of the appeal (the affidavit I just filed violates condition 12 because it refers to her). But those are secondary as far as I'm concerned.
At this point my only concern is the fact that I have no status in Canada - I am very literally here illegally - yet you and the court have imposed this ridiculous condition that if I try to leave I'll be arrested. I'm sure you've heard about the recent developments with respect to my lack of status and IRCC finally, openly and clearly stating I absolutely DO NOT have status in Canada. I, literally, have absolutely no place to stay - the shelters are all full and I can't afford to stay in a hotel; I can't work; I can't get social assistance; I can't rent an apartment. I brought this up, repeatedly, during sentencing! What were you and the court thinking? Anyway, I'm finding it extremely difficult not to yell and express my opinion so I should leave it at that.
Sincerely,
Patrick Fox
Mr. Fox,
Your probation order does not prohibit you from mentioning Ms. Capuano in your filed appeal materials.
I would agree with modifying your no internet condition to include for the purposes of legal research.
Regarding your status in Canada, all of the evidence I've seen supports the fact that you are a Canadian citizen. The documents Ms. Elliott sent me, which I understand came from you, include your Canadian passport and two emergency travel documents indicting you were born in Sudbury, Ontario. Reviewing my notes from trial, I believe you were removed from the US at least 4 times, suggesting that US authorities are firmly of the view that you are a Canadian citizen. At your sentencing hearing a document was filed detailing your conviction for committing perjury by claiming to have been born in the US. On what basis are you claiming you don't have status in this country?
Mark Myhre
Mr. Myhre:
Condition 12 reads:
"You must not disseminate, distribute, publish or make publicly available in any manner whatsoever, directly or indirectly, information, statements, comments, videos, or photographs which refer to or depict, by name or description, Desiree Capuano, James Pendleton, Sage Capuano, or any of their friends, family, relatives, employers, or co-workers."
The use of "disseminate", "distribute", "information", and "statements", therein sure seems to mean I cannot make any statements about Capuano to other people. Nor can I refer to her by "name" or "description". Please tell me how that condition does not prohibit me from speaking about or referring to Capuano in public court proceedings.
Regarding my status in Canada, my information comes directly from IRCC - the definitive source of such information! Tell me even one piece of direct, concrete evidence which "supports the fact I am a Canadian citizen". The travel document applications I sent Miss Elliott show that DHS or the Canadian Consulate modified the information I provided in order to get the travel documents issued - I stated country of birth as US, they changed it to Canada. That is not proof that I'm a Canadian citizen - that is proof that they committed forgery! The only people still clinging to the belief that the passport issued in the name Ricky Riess was "my passport" are you and Capuano. IRCC acknowledges that passport was issued based on false statements (fraud, if you want to call it that). I was only removed from the US twice - in February and March 2013. Based on a single removal order issued by the US Immigration Court in 2009. The number of times ICE deports me is irrelevant because they're merely enforcing a single removal order. They did not remove me in 2016 - they requested the RCMP request I be returned for questioning, so they could get around having to get another travel document. I was not deported in 2016 - I was brought to Peace Arch park and handed over to the RCMP to be questioned about where my firearms were. I was convicted of perjury for stating in the Immigration Court that I am a US citizen - which I am! That conviction is not proof that I am not a US citizen.
Rather than building a belief based solely on all that circumstantial and suggestive "evidence" you cited, why don't you just speak to IRCC? Are you worried the truth is going to make you and the court look bad? I suspect it's going to make the entire justice system and Crown Counsel look extremely incompetent and corrupt. Why don't you just ask Steve Riess for a DNA sample to determine whether he's my father?
Sincerely,
Patrick Fox
Mr. Fox,
Do you have some documentation from IRCC indicating you do not have status? If so, could you please send it to me.
In my view, filing materials in court does not amount to "disseminating", "distributing" or "publishing", and therefore you would not be charged for doing so.
Mark Myhre
Mr. Myhre:
I have already forwarded to Miss Elliott the ATIP reports I've received from IRCC and CBSA which clearly state I was born in the US and my citizenship is "unknown". There is no record of me ever applying for any kind of status in Canada - or of even having ANY contact with IRCC at all (other than the ATIP requests). Any person born outside Canada, is presumed to not be a Canadian citizen unless they inherit Canadian citizenship from their parents (which I did not), or they apply for Canadian citizenship (which I have not). Therefore, I have no status. Otherwise, there would be a record of an application. If I receive anything further from IRCC I will be sure to provide you a copy if it will be relevant to these matters.
Patrick Fox
Mr. Myhre:
For your convenience, I am resending the IRCC ATIP records.
Patrick Fox
Thank you. Please find attached the consent requisition scheduling your application for February 6 at 9 am.
Mr. Myhre:
I would also like to request the court provide a clear definition of what it means by "residential address", as used in the probation order. It is my understanding that spending one night at the apartment of a woman I just met and had a one night stand with does not constitute a "residential address", however Mr. Cowan seems to disagree.
Patrick Fox