My legal battle-suing Canada government

                          

FEDERAL COURT

T-918-23

BETWEEN:

Xin Wang 

                                              Plaintiff(Respondent)

and

 mHis Majesty The King 

                                                         Defendant(Applicant)

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   Motion Record

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Xin Wang

The Plaintiff

(Respondent)

307 1st Ave W

Climax, SK S0N0N0

Tel:3065102499

                     

FEDERAL COURT

T-918-23

BETWEEN:

Xin Wang 

                                              Plaintiff(Respondent)

and

His Majesty The King 

                                                         Defendant(Applicant)

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 Table of Content

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1,Respondent's Written Representations.                                      3

2,Sample of Amended The Statement of Claim.                             9

                     

FEDERAL COURT

T-918-23

BETWEEN:

Xin Wang 

                                                   Plaintiff(Respondent)

and

His Majesty The King 

                                                         Defendant(Applicant)

—------------------

 Respondent's Written Representations

A,Introduction

The response is about to address the key points or grounds the defendant brought to this motion.

B, Arguments and Analysis to the grounds the defendant brought and why this case should proceed

C, Neglect

1,Police may not owe a duty of care personally to me to investigate crimes against me, but they do have a duty of care to the public. Given the nature of the attacks towards me,it posts great danger to the general public as well. Using ultrasound cannons as perfect stealth murder weapons, I am sure I am not the only victim. Maybe I am the one who discovered the crime. It can be used to eliminate any political opponents. Not taking this kind of public risk seriously and carrying out due investigation can be considered negligent.

2,If parking in a wheat field dirt road received police action while murdering complaints don't matter, that seem a very unreasonable way to prioritize the resources.

3,I believe I did a great favor in bringing this risk to the attention of society. That is why I have changed my reliefs to a  high level, if a judicial order to investigate is not feasible, I should ask the attackers to pay a high price to deter them.

D,Mental Health Acts Vs. Unlawful detention in Alberta

4,Can a police officer grab any one from the street looking unusual and throw him or her into mental unit for examination?

5,Does the police officer own a duty of care to obtain the correct facts and make a reasonable assessment about the facts and the possibility of any harm associated? Did the officer have reasonable grounds? Is it negligent in giving the wrong facts to the doctors who based their assessment only on the facts given to them by the police? Did the police officer intentionally give the wrong facts or didn't exercise due diligence to get the right facts in the first place? To this day I have never been informed of what I have been accused of doing that can be related to mental illness or pose any harm to any one. Only from the doctor's admission report I learn that I was described as driving wearing a helmet swerving in the empty Highway 42, AB. If that account was true,Why didn't the police officer charge me with careless or dangerous driving?  Can this omission of action be considered negligent? For how long can a highway remain empty? The police officer arrived 45 minutes later after I had been stopped by a conservation officer. How did he know what I was wearing  while driving? We met outside my vehicle.Did he look into the driver seat to see if it was physically possible to wear a large helmet sitting in the driver seat?If he had just paid a little attention to the  space in the driver seat area, he would have noticed it is physically impossible to wear the helmet while sitting in the driver seat. What danger or harm can possibly be associated with wearing a helmet? Is wearing a helmet more out of ordinary than considering a helmet dangerous? What mental issue can be suspected? I was ordered to get out of my van sitting in the glaring sun for 45 minutes, not even allowed to go back to get some drinking water, Is this necessary? Wearing some protection seems very reasonable in this situation. Is this a plot to get me away from my vehicle where I have protection shields inside against ultrasound cannons bullets so I got exposed to ultrasound cannons attacks?

6, The neglect by the police officer led to the wrongful assessment of the plaintiff causing him to be wrongfully detained?If the officer took action knowingly on the wrong assessment of harm, Is this a violation of the Charter? Without careful examination in a court proceedings, we will never find out the truth. While my vehicle got impounded and cost me thousands to get it back, can this be considered economic tort? Is this an unlawful seizure of property? My dental disease got worse due to denied access to dental care and bleeding heavily and costs hundreds of thousands of dollars to restore,my blood pressure surged to 180/160 documented in the reception paper, I could have a stroke any moment at the time.

7,As a long haul trucker, I stay on the road for a long period of time, this kind of police practice carried out in a string of series attack manner can cause serious emotional distress. Now I retired early only to get out of my yard three times a year to do groceries. I am afraid of getting to the public roads.

E,  No material fact

8,The facts are listed according to timeline order, in the filed Statement of Claims,whether they are factual enough is up to the Court to decide.

F, Scandalous allegations against RCMP

9,Please don't cherry pick what I said and take it out of context to over-interpret.

10,I believe some of the RCMP members are compromised and act as foreign agents. For example, a top RCMP intelligence officer was caught spying for China, his case is in court preceding now. 

11,Those who acted unlawfully outside the authorities on me are those RCMP members who could be secret members of Communist International networ. It is a loosely connected Communist organization started by the former Soviet Union in the early 1900s seeking global dominance. Their main tactics is infiltration to create deep subversion. They are a  small group that infiltrate the RCMP, they are not the RCMP itself. Anything related to this group does not apply to the RCMP in general. Most of the officers I encountered acted within the authorities, only 3 events with 6 officers involved acted unlawfully.

12, But the group targets me and seeks to do harm. I believe the group is planning to act unlawfully to imprison me so I could get killed in prison.The stress for me is that I don't know who may or may not act unlawfully.

13,My suspicions on motives were based on the irregularities that can not be explained by coincidence. For example, I haven't had many interactions with any police force for more than ten years, all of a sudden since early 2021, a series of serious events happened in a very short 4 months period. The same was true with other government agencies that have anything to do with my life acted out of ordinary recently. Another example is that the weight stations ordered 72 hours maximum suspension penalties twice for minor log book issues. 36 hours reset the whole cycle of logbook, 72 hours penalties were way too excessive for the issues.

14,Some of them were simply following orders not knowing any underlying causes.  

15,Even  those within -the- authorities actions if carried out in a targeted manner with high frequency combined across multiple government agencies,can be emotionally stressful, exhausting in many ways to defend those deft notices, tickets, penalties,checking,questioning,etc. That is intended to be vexatious.

16,With those actions within the authorities,if the calls  or CB conversation they claimed to hear and receive to initiate those actions were not true. That could be acting under false pretense and could be criminal offenses. I am sure at least one was the case because l don't use CB devices and was sleeping, not talking when The RCMP officers showed up. Without court examination,we can not have answers to these questions and find out whether those actions were truly legitimate or not.

17,I did meet some honorable and respectable RCMP members,for example,the one who was in charge of investigating the  case in British Columbia I complainted to the Civilian Review Complaint Commission. I just don't see the need to mention those honorable ones in my claim.

18,Most importantly I am just offering some possible explanation to why some acted unlawfully, my claims are not based on the explanations, my claims are based on the actions taken and the tortious consequences of the unlawful actions. Whether my explanation for the motive is true or not do not affect the tortious nature of those actions. The explanations help to consider all those incidents as a series of connected actions.

G,Frivolous

19,I take legal actions to protect myself from murdering attacks, maybe raise awareness about this risk to the public, if that's frivolous, then what is not frivolous?

H, No cause of action, no merit for leave to amend

20,The best argument is to do by example. I present a sample copy of the latest amended statement of claim along with this response,  plain and obvious to tell if it is up to the standards of the rules, or have the potential to meet the rules of the Court.

I, Statute Barred

21,Not all of the events had reached the nominal two- year limit. One exceeds the limits by 8 days,another by 70 days. The effective beginning day of two years limits does not have to be the same day as the event occurred.The following factors need to be considered:

22,the plaintiff took a legal action in other proceedings prior to this one in Human Rights Tribunal of Canada,the first action was within the two years limits,the effective beginning day of this action should be the date when the plaintiff is made aware of the result of the first action. The plaintiff is not supposed to start two actions in different courts for the same matter. The decision date of the first action was in January 2022.

23,the plaintiff has been detained wrongfully and restricted in access to resources to take action.

24,the plaintiff is under 24/7 attacks, including electronic magnetic jamming which cut out communication and damaging equipment for work. It is like living in a war zone. Given this unusual situation,a few days of extension of the limits should be granted. Law is about justice,not about perfectness of technicalities.

25,the case is about a series of events, the effective date should be the date of the latest event.

J, Excessive force, social profiling

26,I have been threatened with"do it the hard way"and my property was damaged.

27,I have been told "we don't trust you".

K, No grounds for my suspicions about The RCMP members involved

28, the police actions cooperated with attackers' needs (Get out my vehicle, alcohol tests, leave my current parking spot, detain me in hospital or prison ) on false claims (Swerving, calls, heard on CB). This pattern shares the same characteristics of my attacker's nuisance behaviors (hitting gas hard around me, banging my vehicle to argue with my parking, threatening to call the police on my parking if I don't move,park close to me to play loud music, parking on their property,parking close to their property, looking suspicious). The only difference is that one uses nuisance and another uses police power.

29,In order to strip me of protection and leave the difficult spot to shoot at, or there is an ambush setup in the next possible parking area.

30,Attack can come from air, ground housing or structures, vehicles and personal carry-on bags or suitcases.

31,This kind of police practice started recently concentrated in a very short period of time, three of the most serious misconducts in 4 months.

32, Ignoring obvious illegal activities around me like 

Speeding, excessive idling around my house on a daily basis for a long period of time, explosion noise shaking my house, trespassing, houe invasion, vandalism, airplane, choppers and unknown flying objects around my house and following me wherever I go,

Stalking, chasing me , excessive false calls. 

33, Accused me instantly on the phone without any investigating when I called to report those crimes. Sometimes the dispatcher said the officers would contact me but never did.

FEDERAL COURT

BETWEEN:

Xin Wang 

                                                   Plaintiff

and

His Majesty The King 

                                                         Defendant

Sample for demonstration of amended 

Statement of Claim

TO THE DEFENDANT:

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or a solicitor acting for you are required to prepare a statement of defence in Form 171B prescribed by the Federal Courts Rules, serve it on the plaintiff’s solicitor or, if the plaintiff does not have a solicitor, serve it on the plaintiff, and file it, with proof of service, at a local office of this Court

WITHIN 30 DAYS after the day on which this statement of claim is served on you, if you are served in Canada or the United States; or

WITHIN 60 DAYS after the day on which this statement of claim is served on you, if you are served outside Canada and the United States.

TEN ADDITIONAL DAYS are provided for the filing and service of the statement of defence if you or a solicitor acting for you serves and files a notice of intention to respond in Form 204.1 prescribed by the Federal Courts Rules.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO DEFEND THIS PROCEEDING, judgment may be given against you in your absence and without further notice to you.

(Date)

Issued by: 

(Registry Officer) 

Address of local office: 

TO: His Majesty The King

Prairie Regional Office – Saskatoon

Department of Justice Canada

Saskatoon Square

410 – 22nd Street East, Suite 410

Saskatoon SK S7K 5T6

Telephone: 306-518-0800

Fax: 306-975-4030

Email: AGC_PGC_SASKATOON@JUSTICE.GC.CA

Claim

• 1 The plaintiff claims:

A, the Claim 

Charter Rights infringements of unlawful search, unlawful arrest and detention, unlawful seizure of property, security of person

Section 7 - Life, liberty, and security of person

Section 8 - Search or seizure

Section 9 - Detention or imprisonment

Section 10 - Arrest or detention

Relief for  

A, loss of income and job opportunities:500,000

B,Charter Rights Damage:1,000,000

C,Health Damage 1,000,000

E, Punitive award :1,000,000

F,An order to investigate the attacks by police and agents on behalf of the China Communist Party (CCP).

B,The Facts

Since 2018 till today, I have been a victim of RCMP Royal Canadian Mounted Police (RCMP) misconduct , harassment and neglect. 

The incidents happened in many provinces across Canada and is still ongoing.

 Even though I filed 3 complaints to the Civilian Review and Complaints Commission (CRCC) about 3 serious violations by RCMP members, none of them have resolved anything. I haven’t reached any agreement with CRCC , or received any report. It proves CRCC is not effective in dealing with RCMP misconduct. Otherwise RCMP misconduct has stopped , instead the harassment gets worse. I have been wrongfully searched twice, arrested and detained unlawfully, So Yes I can get seriously harmed by wrongfully imprisoned or shot by RCMP if the harassment is not stopped immediately. 

 RCMP discriminating practice manifest in it’s actions against me, it also shows in its inactions towards me. I am under constant 24/7 ultrasound radiation attacks, there are sonic cannons installed around my house , the attackers chase me everywhere I go or stay, using all kinds of vehicles,choppers and airplanes, launching ultrasound bullets towards me.

I documented some of those attacks with YouTube videos but no one is interested in looking at them. The attacks are still ongoing and a group of people stalking me 24/7, there are multiple ultrasound shooting devices surrounding my house now.

The RCMP used unfounded calls and complaints, lied about what I did and gross violation of procedures of not  informing me of any accusations, searched and arrested and detained without probable causes.

Even those untrue complaint calls started all the police checks, discriminating policing definitely leads to all the abuse of police power.  The RCMP has been used to harass and persecute me, intentionally and/or unintentionally.  

If RCMP ‘s inaction continues, it will encourage more and worse attacks.

I tried to resolve the issues by going to the Human Rights Court of Canada as indicated in Exhibit 1. The case didn’t go through.

After years of evading attacks including police misconduct, I lost my sense of feelings, I guess it is because my feelings have been hurt too many times in too many ways. For me it is about life and death, not about feelings.

I could be wrongfully imprisoned or shot by police if the harassment is not stopped. If RCMP continue its inaction toward  murdering attacks on me, I can get seriously injured or killed. 

Fact 1,

Now I have to wear home made protection gear and sleep in an ultrasound shielding box.l can’t find a job that lasts more than one and half months due to all those attacks. I really don’t know how long I can stay alive like this.

Fact 2,

Right now I can’t live a normal life. I have to stay protected from attacks including ultrasound bullets, house invasions, car vandalism, slanders complaint attacks, etc. The attackers are basically murdering me now. The attacks started as early as 1996, since 2018, the attackers get more and more aggressive. I reported to RCMP about the attacks since late 2018. 

Fact 3,

 I reported the attacks to RCMP, each time they responded by asking if I was on medication. They didn’t bother to look at the evidence I have or heard my case seriously. No investigation to see if the attacks are true. Instead the RCMP accused me of being crazy.

Fact 4

On Feb.22,2021 in Jumping Pound provincial park by Hwy 68 ,Bragg Creek, Alberta.

My vehicle was searched by two RCMP officers badge #61404 and 57174.No search warrant given. Only said they got a call. After I showed my driver license, registration of the vehicle and insurance. I told them everything was fine.I parked in the designated parking area of provincial park for 3 hours before the officers showed up.They said they didn’t trust my answer that everything was fine and ordered me to get out of my vehicle. I said I didn’t consent to any search. The officers were very aggressive and threatened to do it the hard way if I didn’t get out of my van and charged me with obstruction of justice. In order to avoid confrontation. I got out and shut the door. The officers opened the door and did the search. The officers opened all the doors from and back and side ,got inside and searched my vehicle. I was also given office phone 4038518000

Fact 5

On March 16,2021,17:00pm 

 I was searched by three RCMP members by hwy 16 close to junction  hwy 5 and 16 near town of Valmont, British Columbia. 

I am a trucker parking in a rest area on hwy 16. I was sleeping when The officers banged my door claiming they heard something on CB radio and wanted to give me an alcohol test. I agreed to do the test , they demanded me to get out of the truck and go to the police vehicle to do the test. I said it was cold and not safe to stand by the road. I could do it here in my truck.  Then they charged me with obstruction of justice, put me under arrest and forced the door open , threw my stuff onto the ground , broke my mirror and other boards and dragged me out. Then searched me and emptied my pocket. After the test result showed 0 alcohol they released me. The officers refused to provide badge #s, I took pictures of them and my damaged stuff. I filed complaint and there was an investigation but no final report , I received $200 dollars compensation from the RCMP for property damage.

Fact 6

On April 2 ,2021 15:00 pm on county regional road close to town Olds, Alberta.

I parked my truck off road on the ramp, and one RCMP officer conducted a document check claiming someone cares about me. 

Fact 7

On  April 4,2021  about 21:00 pm on a regional road close to the town of Crossfield ,Alberta.

I parked off road  by a small unnamed lake to watch birds, by 13:30pm one RCMP officer conducted questioning and checking documents, the officer claimed they got a call. By 21:00 pm  the same day and location another officer conducted visual checking using a torch to look into my truck while I was sleeping and I was woken up by the activity.

Fact 8

On 20/04/2021 about 9am I was driving a semi truck along highway 1 A near  Lacombe, AB. I was stopped by a RCMP officer#52769. I was given a ticket for driving 75km/h on 100 km/h highway. I was also given an alcohol test for the same reason. I explained to the officer that the road was bumpy and my load was fragile. I had to drive to conditions. There was very light traffic at the time.

Fact 9

On June 20 2021 about 2 pm I was stopped by conservation officers on highway 40 near the Elbow River Pass. The officer asked me why I swerved . I said there were animals on the highway drinking water in the highway potholes, and many cars parking on the shoulder with people around and also some potholes. I slightly cross the yellow line to avoid road hazards. There was no oncoming traffic and it was safe to do so. It only happened three times lasting about 3 to 5 seconds.

Then the officer ordered me to get out of my vehicle. So I put on my home made helmet and foam board as Covid measures and ultrasound radiation I discovered around me. 

I waited outside for about 45 minutes and was not allowed to go back to my vehicle to even get some drinking water. 

Then RCMP officers came , and I explained to him the helmet was for Covid and ultrasound protection. I was not wearing it while driving. Then he handcuffed me and sent me to Rockyview General hospital of Alberta , Mental Health Emergency department. I have been detained until 14/07/2021. I had treatment forced on me despite my objection.

I was not provided any paperwork  or any explanation to inform me what I have been charged or accused of. My vehicle was impounded, towed and costs me more than $2000 to get back.

From the doctor report I was described as driving recklessly wearing a helmet all along the highway 40, which is not true. 

 The same Cochrane RCMP detachment conducted an improper search on my vehicle as described in Fact 4 . I filed complaints to the civilian review board for both incidents, file Number not given. Investigating officer is Cpl. Mathew Quallie for Fact 4 incident, but no response or investigation for Fact 9 incident.

Fact 10

I had two RCMP officers coming to my house in Coles Island, New Brunswick, walking all over my property without a warrant on Sep 30 2021, claiming my neighbor called the police about some burning smell.  They also demanded to look into my van despite my car having nothing to do with any smell. I refused,then they left.

Fact 11

June .2022, in Climax ,SK I was out around my town in a country field dirt road parking by the side of the road. Two RCMP cruisers with multiple officers came claiming someone called about a parking issue. It was a wheat farmland dirt road with no traffic, even though they found nothing wrong with my parking,they still asked me to move my vehicle for no reason.

Fact 12

Oct. 2022, Climax, SK Two RCMP officers came to my house claiming someone cared about me. I am not sure what they were looking for. But That is typical of the officers approaching me claiming they got calls or someone cares about me. In my opinion, they are the people who stalk me and attack me made those calls to use police to harass and intimidate me, also try to force me to leave the spot where I park because the attackers couldn’t get good shot at me, or force me or lure me to get out of my vehicle where I have protection shields inside.

C, Summary of event

Excessive force and unfounded suspicion is a typical sign of discriminating treatment.

I have been improperly checked and questioned , improperly searched and arrested and detained by RCMP officers in different locations in Alberta and British Columbia in a period of 4 months,  about 12 such encounters happened, 3 of them are serious abuses of police power.

It shows a pattern of checking, questioning, searching and arresting without any probable cause. I can’t see anything being done to stop this abuse of police power. This indicates I have been targeted by RCMP due to social profiling, as some of the officers put it, they don’t trust me. I don’t have any criminal history or any dishonest behavior to deserve their distrust. It is most likely by social profiling of race or ethnic origin, that certain types of people can’t be trusted. Since the police believe the complaint calls from white people rather than me, they took abusive action against me. 

I also believe that since I am a political dissident from China, the Communist government in China has influenced the RCMP policing practice to suppress me and kill me.

Using government agents to create opportunities to attack, forcing me to leave the place with protection, with shields in my vehicle  , exposed to sniper shots from airplanes and ground vehicles.

Deliver poison with poison laced devices like to blow a alcohol tester with poison laced nuzzles.

Conclusions

1,Only one review report out of 6 complaints, the oversight of police is a systematic failure, not one time mishap , even the only report was done improperly without interviewing me at all.

2,Acting extremely with  no probable cause ,no reasonable  suspicion. Using made-up false pretences to abuse police power. Lying to use police power is a strong indicator of intent to harm.

3,Fail to inform Rights and following procedures, Not following procedures is a typical indicator of neglecgence.

4, Premeditated, Planned deliberately, repeated and organized offences, indicates bad motive with intent to do harm.

5,Bold in abusing power and negligent in carrying out duty. 

6,The worst scenario of policing, instead of fighting crimes, they become the perpetrators, the agents of foreign powers.

7,Not a simple social issue, it is an assault with political motives and foreign interference, an assault on our values and way of life, democracy.

D,Impact of suffering

I  am a long haul trucker, staying on the road constantly for long periods of time. Knowing being profiled and targeted by police, I am now living in fear of being wrongfully charged and searched or shot by police for no reason. 

Each time I hear vehicle door banging near me, my heart tightens. Especially during night sleeping and have a hard time going back to sleep afterward, which makes me feel tired easily in the next day work because of the light sleep the night before. Fatigue caused by lack of rest can lead to losing focus , being distracted and causing accidents.

The suffering from staying in mental facility having treatment forced on me is unspeakable and long lasting. I typically wear personal protective gear when outside and using shields inside vehicles and home. Since I was not allowed to use any protective equipment, I was  exposed to strong ultrasound radiation for almost 25 days. My teeth bleeding heavily and there is an unknown pain in the liver area and backaches. I couldn’t get access to healthy food I have on daily basis. The damage to my health is unclear and serious. Not to mention the emotional torture of detention against my will. I feel mentally exhausted and lose focus. I am afraid of going back on road for work expecting the same or worse abuse of police power can strike again. 

The suffering from police power abuse Is overwhelming combined with financial loss.If this is not stopped I can see a very miserable future for me.

The damage can be categorized into the following points:

1,Denied reasonable enjoy of life.

2,Under emotional distress and living in fear.

3,Unable to find and/or maintain a job.

4,Mental sickness of PTSD and health damage and general health deterioration like blood pressure buildup, accelerated aging,etc due to denied access to dental and health care

5,Loss of income and opportunities.

6,damaging my professional career reputation and record as a trucker falsely accused of careless driving, mentally unreliable and potential DUI offender

7, physical wounds and scars all over my body. I have experienced volmitting blood from my stomach,countless seizures,frequent headaches, dizziness disorientation,loss of movement balance,joint pains,shortness of breath and heavy sweating , bleeding teeth and permanently damaged and lost teeth.

8,under 24/7 continuing attacks and stalking surveillance, from ultrasonic cannon bullets, poisoning, defamation,financial loss and ruins,

9,living daily life hardship in torturing conditions wearing protection shields, sleeping in the shielding box and evading attacks.

10,Not just the police,  it is all inclusive, multiple fronts gevernment and organized criminal group initiated  attacks, my EI insurance got unreasonably suspended and overpayment payback ordered, my tax return got unfaily audited and debt notice issued to me, the Labour Program officers cheated to delay my wage recovery claims for two years and still no sight of wage recovery, the city charged me for services I didn't use,  the auto insurance inspectors and consumer protection officer acted unfaily, weight stations of Ministry of Transportation doing unfair inspectios and issuing outrageous penalties and tickets, basically any government agencies that have anything to do with my life use their power to inflict harm or effort to do harm.

The plaintiff proposes that this action be tried at Regina SK 

June 4,2023

Xin Wang

307 1stAve W

Climax,SK S0N0N0

3065102499

SOR/2021-150, s. 12