Thunder Bay man alleges Charter of Rights breaches
A Thunder Bay man facing trial claims prosecutors and police violated his rights
Posted: Nov 29, 2012 12:28 PM ET
Last Updated: Nov 29, 2012 12:42 PM ET
A Thunder Bay man must wait until the new year to argue in court that his rights have been violated.
Allen Rosario brought numerous Charter of Rights complaints against prosecutors and police before a judge on Wednesday.
Rosario himself faces charges of criminal harassment, assault with a weapon and dangerous driving.
But he said he's not guilty of any of those charges — which stem from two separate incidents earlier this year — and alleged police have been out to get him because he filed a complaint against them.Thunder Bay resident Allen Rosario alleges police and prosecutors violated the Charter of Rights in arresting, charging and detaining him. (Nicole Ireland/CBC)
Rosario claimed that police and the Crown violated several sections of the Charter in arresting, charging and detaining him.
“I have my rights,” he said. “And they done me wrong. And I have to stand up to them."
Rosario said those rights are covered under the Charter's Section 7 (life and liberty) and Section 8 (not to be arbitrarily detained or imprisoned).
'Bald allegations,' Crown says
Rosario claimed authorities breached Section 12 on cruel and unusual treatment or punishment because he couldn't get his heart disease and stroke medications while in custody.
He also raised Section 15, relating to equal benefit of the law without discrimination based on race, national or ethnic origin.
The Crown denied any wrongdoing and said many of the claims are “bald allegations” and not factually based.
Rosario asked to have his claims heard before his criminal trial — and wanted the charges against him stayed.
Justice Frank Valente ruled against that and said the charter issues don't require a separate hearing.
Valente added Rosario can raise them during his trial, which is slated for February.
Refuses defence lawyer
Rosario has refused a defence lawyer and will represent himself at his trial.
While he said he's disappointed his claims of human rights violations won't be heard until the new year, he said he’ll use the extra time to prepare for his case.
“It gives me more time to study,” he said.
“It's almost three months (away) now. I can study more law. And that way I can be more forceful."
Rosario has spent several months distributing flyers around Thunder Bay and demonstrating outside the Ontario Court of Justice to promote his cause.
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