June 29, 2011 - The Plaintiff

The Plaintiff
Have you noticed or ever questioned the fact that HER MAJESTY THE QUEEN, a.k.a. REGINA (R.) is the plaintiff in many of the charges against us. This is especially true of offences coming under the Provincial Offences Act including the Highway Traffic Act. What is this all about?

First, this is not Elizabeth. HER MAJESTY THE QUEEN and REGINA are the names representative of a legal entity, a corporate entity, a fiction of law, an 'it'! In your trial, 'it' is the plaintiff, the one claiming to have been injured by you. Did you injure it? Not likely.

Remember from an earlier blog that, per the BNA Act, the Provinces have jurisdiction only in civil matters. Therefore, this offence or 'cause of action' must be civil in nature or it must be moved into a federal venu if it is criminal or it must be dismissed.

If it is a civil matter then the three elements of a civil case, discussed earlier, must be present including evidence of injury to the plaintiff.

A maxim of common law states: "An action is not given to one who is not injured." Jenk. Cent. 69.

If the CROWN, the lawyer representing the plaintiff, a legal fiction, cannot provide evidence of injury there is no justiciable cause of action. 

This argument is deffensive, what about an offensive approach?

Interestingly, another maxim of common law states: A legal fiction does not properly work loss or injury. Fiction of law is wrongful if it works loss or injury to anyone.”

Fictitious plaintiff. A person appearing in the writ, complaint, or record as the plaintiff in a suit, but who in reality does not exist, or who is ignorant of the suit and the use of his name in it. It is a contempt of court to sue in the name of a fictitious party. Black’s Law Dictionary, 6th Ed. (13th reprint, 1998), p. 624. (underline is mine).

The CROWN prosecutor, in representing a fictitious plaintiff, is acting in contempt of court in presenting this case against an individual. 

We've used many legal terms in these blogs, perhaps it would be beneficial and important to define and/or clarify some words in the next blog—afterall, they do speak a different language in courts and legal documents...

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