|(by Michael Martin, Crown Attorney, Owen Sound)
Source: Page 45 of Nov 2 Transcript:
HER MAJESTY THE QUEEN vs GEORGE HUGH BOTHWELL
Quoting Martin when Farmer George Hugh was on the stand and they are trying to get him to consent to their jurisdiction:
Your Honour, Iím sorry, Iíve got to rise and just indicate he has to understand that
by coming across that bar, heís attorning to the jurisdiction of the court.
Attorning means that he is before the court,
Your Honour has got that jurisdiction to find him Guilty or Not Guilty
and the bottom line is I canít sit here and have us not make sure thatís on the record because thatís what this is about.
This is the fact that this court has got to have jurisdiction over individuals
and by coming across the bar he is before the court.
He is answering the name that, and he can refer to himself as anything he wants but
he has to answer to that name,
he has to come across into the jurisdiction of the court.
Thatís what the recognisance is talking about.
That doesnít affect his charter of rights, in fact his God-given rights.
There is a jurisdiction issue here which is fundamental to all of us.
This is what Farmer George Hugh has asked us to tell you, as MR. MARTIN is also quite predominant on his current case ĎAssault with Weapon.í
George wants you to know:
- Cross the bar
- Answer to ďTHE NAMEĒ
- USE A LAWYER or OTHER COUNSEL (this is not shown here, but George has told us thatís another way Ė you get a rep to cross the bar for you ?! Do Lawyers take oaths to serve their clients or do they take oaths to serve the Bar ?!)