Notice of Application for Judicial Review: Expected filing date: September 28, 2010

you see it posted here on September 30,1020

Table of Authorities

[01] Sections 1, 6(1), 6(1)(b), 7, 12, 14, 15.(1), 15.(2), 24.(1), 24.(2), of the Canadian Charter of Rights and Freedoms
[02] Alberta Justice Minister and Attorney General - Mandate [03] Sections 63.(1), 64, 65.(2)(b) to (d) PART II Judges Act
[04] Sections 6(1), 6(2), 28(1), and 28(2) Canada Evidence Act [05] Alberta Rule of Court 158.5(1)(e)
[06] Paragraphs 122, 126(1)(2), 362(1)(c), 380(a), 463(a), 471 of the Criminal Code of Canada

Case Law:
[1] Kurukkal v. Canada (Minister of Citizenship and Immigration), 2009 FC 695, [2010] 3 F.C.R. 195
Print: PDF Format
Date: 2009-07-03
Docket: IMM-309-08
Parallel citations: 2009 FC 695 (CanLII)
[2] Mena Narvaez v. Canada (Citizenship and Immigration), 2009 FC 514 (CanLII)
Date: 2009-05-21 Docket: IMM-3938-08
[3] Dahlseide v. Dahlseide, 2008 ABCA 429 (CanLII) — 2008-12-17 Court of Appeal — Alberta
[4] Ambrozic v. Burcevski, 2008 ABCA 194 (CanLII) — 2008-05-22 - Court of Appeal — Alberta
[5] Conway v. Zinkhofer, 2008 ABCA 392. Date: (2008-11-20............Court of Appeal of Alberta
[6] Cosgrove v. Canadian Judicial Council, 2005 FC 1454 (CanLII)
Date: 2005-10-26 Docket: T-101-05
Parallel citations: 261 D.L.R. (4th) 447 • 40 Admin. L.R. (4th) 1 • 282 F.T.R. 60
[7] Doucet-Boudreau v. Nova Scotia (Minister of Education), 2003 SCC 62, [2003] 3 S.C.R. 3
Date: 2003-11-06 Docket: 28807
Parallel citations: 2003 SCC 62 (CanLII) • 218 N.S.R.(2d)311 • 232 D.L.R. (4th) 577 • 112 C.R.R. (2d) 202
[8] Khamo v. Daved, 1998 ABQB 832 (CanLII) — 1998-10-14 [9] Naistus v. Huculak, 1998 ABQB 263 (CanLII) — 1998-04-15)
[10] R. v. H. (E.F.) 1997 CanLII 418 (ON C.A.), (1997), 115 C.C.C. (3d) 89 (Ont. C.A.)
[11] Chandler v. Alberta Association of Architects, 1989 CanLII 41 (S.C.C.), [1989] 2 S.C.R 848
[12] Grillas v. Minister of Manpower and Immigration, 1971 CanLII 3 (S.C.C.), [1972] S.C.R. 577
[13] Paper Machinery Ltd. v. J. O. Ross Engineering Corp., 1934 CanLII 1 (S.C.C.), [1934] S.C.R. 186).
[14] In re St. Nazaire Co. (1879), 12 Ch. D. 88.
[15] In re Swire (1885), 30 Ch. D. 239.

List of EXHIBITs 1 to 10

EXHIBIT 1 - Defendant's, "1st List of Exhibits"
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EXHIBIT 2 - Defendant's, "2nd List of Exhibits"
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EXHIBIT 3: Analysis of Ms. Achtem's Exhibits M to R and Cross-examination
EXHIBIT 3A - Mrs. R. Sail's (Achtem) exhibit M
EXHIBIT 3B - Rhonda Sails's (Achtem) Cross-exam of exhibit M
EXHIBIT 3C - The Proper Response to exhibit M
EXHIBIT 3D - Mrs. R. Sails's (Achtem) exhibit N
EXHIBIT 3E - Mrs. Sails's (Achtem) cross-exam of exhibit N
EXHIBIT 3F - The Proper Responce to exhibit N
EXHIBIT 3G - Mrs. R. Sails's (Achtem) exhibit O
EXHIBIT 3H - Rhonda Sails's (Achtem) Cross-exam o exhibit O
EXHIBIT 3I - The Proper Responce to exhibit O
EXHIBIT 3J - Mrs. R. Sails's (Achtem) exhibit P
EXHIBIT 3K - Rhonda Sails's (Achtem) Cross-exam of exhibit P
EXHIBIT 3L - The Proper Response to Rhonda Sails's exhibit P
EXHIBIT 3M - Mrs. R. Sails's (Achtem) exhibit Q
EXHIBIT 3N - Rhonda Sails's (Achtem) Cross-exam of exhibit Q
EXHIBIT 3O - The Proper Response to exhibit Q
EXHIBIT 3P - Rhonda Sails's (Achtem) exhibit R
EXHIBIT 3Q - Mrs. R. Sails's (Achtem) Cross-exam of exhibit R
EXHIBIT 3R - The Proper Response to exhibit R
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EXHIBIT 4 – Mr. Achtem's Medical documents, was marked as Exhibit 2K at Trial. Marked as sub-exhibits to EXHIBIT 4 in this Affidavit listed are as follows:
EXHIBIT 4A – Letter from Dr. Patry to Dr, Hunt Jan 13, 00
EXHIBIT 4B - Letter from Dr. Patry to Dr, Hunt Nov 13, 03.
EXHIBIT 4C – Medical Visit Record with Dr. Hunt, Oct 28, 03
EXHIBIT 4D – Medical Visit Record with Dr. Hunt Jul 16, 04.
EXHIBIT 4E - Letter from Dr. Patry to Dr, Hunt Aug 4, 04.
EXHIBIT 4F - Letter from H. Friesen to Dr. Hunt Aug 17, 04.
EXHIBIT 4G - Doctors Note from Dr. Gawlinski Dec 30, 05.
EXHIBIT 4H – Medical Visit Rep. with Dr. Bakker Mar 12, 07
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EXHIBIT 5 - Order ascending action to Trial:
EXHIBIT 5A - Order of Justice Hughes Family Chambers Hearing, May 6, 06. Filed June 28, 2006
Pre-trial Judge's Order and Court Notes:
EXHIBIT 5B – Pre-trial Order of Justice Rawlins, dated March 29th, 2007, filed April 2nd, 2007
EXHIBIT 5C – Pre-trial Court Notes of Justice Rawlins, filed March 29, 2007
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EXHIBIT 6: Court Services and Transcript portions:
EXHIBIT 6A – Envelope S. Jobagy sent Pre-trial Instructions to wrong address Mar 11, 07
EXHIBIT 6B – Pre-trial Instructions sent to wrong address Shauna Jobagy, March 9, 2007.
EXHIBIT 6C – Pre-trial Order prepared - letter from Shauna Jobagy April 2, 2007.
EXHIBIT 6D – Clerks Pre-trial instructions, Civil Practice Note 5 Family Law Pretrial Conferences, Shauna Jobagy, February 14, 2007
EXHIBIT 6E – Letter from Gerry Marsh,/Alberta Justice TMS, Regional Oct 29, 07
EXHIBIT 6F – Letter from AB Justice TMS Regional C. Reynolds Oct 31, 07
EXHIBIT 6G -- Reply from Court of Appeal to Mr. Achtem Nov 02,07
EXHIBIT 6H – DENIAL of Pre-trial Order from Shauna Jobagy, Nov 6, 07.
EXHIBIT 6I – Shauna Jobagy recovers the Pre-trial Order Nov 7, 07
EXHIBIT 6J - Letter from Court of Appeal Registrar, Jan 8, 08
EXHIBIT 6K – Operator licence cancellation/suspension notice from Alberta Justice Maintenance Enforcement, Jan 19, 10
EXHIBIT 6L – e-mail from Shauna Jobagy, refusal to let the Plaintiff make an application unless he pays $750.00 to Ms. Sails (Achtem). Pursuant to the Order of Justice Miller EXHIBIT 9A. May 25, 2010
EXHIBIT 6M - Mr. Achtem Recieved an e-mail Reply from Shauna Jobagy, Sept 07, 10
EXHIBIT 6N - Letter from passport Canada Pasport supended due to MEP, Sept 15, 10
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EXHIBIT 7 - Mr. Achtem Pre-trail Material filed Mar 26, 07]. Sub-Exhibits to EXHIBIT 7 all documents filed together, are listed as follows:
EXHIBIT 7A – Mr. Achtem's Pre-trial Summary, filed March 26, 2007.
EXHIBIT 7B – Statement of assets, liabilities and exemptions, filed March 26, 2007.
EXHIBIT 7C – Memorandum to Judge Dated March 4th, 2007, filed March 26, 2007.
EXHIBIT 7D – Index to Originally filed and served Blue Binder, Mr. Achtem's Notice of Intentions of what documents he would be using at Trial, pursuant to sections 28(1) and 28(2) of the CEA C-5. Filed March 26, 2007.
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EXHIBIT 8 – Ms. Achtem's "Pre-trial Material", filed March 26, 2007]. Sub-Exhibits to EXHIBIT 8 all documents filed together, are listed as follows:
EXHIBIT 8A – Ms. Achtem's Concise Letter - Pre-trial, In lieu of a Pre-trial Summary .Filed Mar 26, 07. (Pre-trial Summary is included)
EXHIBIT 8B – Ms. Achtem's Statement of assets, liabilities, and exemptions, filed March 26, 2007.
EXHIBIT 8C - (Duplicate of EXHIBIT 1) – Ms. Achtem's “1st list of Exhibits”, filed March 26, 2007
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EXHIBIT 9A - Order of Justice Dallas Miller - Family Special Chambers Hearing: Feb 1, 2008, Filed Febuary 11, 2008
EXHIBIT 9B - Order of Justice Wilkins August 31, 2008
EXHIBIT 9C - Order of Justice Sulatycky, March 12, 2008
EXHIBIT 9D - Order of Justice Cairns – August 6, 2009
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EXHIBIT 10A – Letter from Ms. Linton to Legal Aid, Jan 21, 08 and
EXHIBIT 10B - letter from Legal Aid to Mr. Achtem Jan 24, 08

List of EXHIBITs 11 to 20

EXHIBIT 11 - Certified General Accountant's Letter to the Supreme Court of Canada, an offer to prepare a balance sheet, Nov 25, 2008. Motion for the abeyance was dismissed
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EXHIBIT 12: Materials SENT by Ms. Sails (Achtem) - Court Documents/Letters/e,ails:
EXHIBIT12A - Letter Ms. Sails SENT to the Court of Appeal of Alberta September 12, 2007
EXHIBIT 12B - Letter Rhonda Sails SENT to the Court of Appeals of Alberta, Jan 24, 08
EXHIBIT 12C - Letter Ms. Achtem sent to Mr. Achtem, May 24, 08
EXHIBIT 12D - Ms. Achtem Received an e-mail from Mr. Achtem, Jun 3, 08
EXHIBIT 12E - Ms. Achtem Received an e-mail from Mr. Achtem, Jun 8, 08
EXHIBIT 12F - Ms. Achtem Motion filed Jul 14, 08. Heard by Justice Wilkins, Jul 31, 08
EXHIBIT 12G - Ms. Achtem's Affidavit filed Jul 14, 08. Application Heard by Justice Wilkins, Jul 31, 08
EXHIBIT 12H - Ms. Achtem Replied to Mr. Achtem's email, Jul 22, 08
EXHIBIT 12I - Ms. Sails's (Achtem) SCC Response, Oct 7, 08
EXHIBIT 12J - Rhonda Sail's sent Letter to SCC, Oct 30, 08
EXHIBIT 12K - Letter Ms. Achtem sent to Mr. Achtem, Dec 22, 08
EXHIBIT 12L - Ms. Achtem sent an email to Mr. Achtem, Jan 22, 09
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EXHIBIT 13 - Complaints and letters, e-mails sent by Mr. Achtem:
EXHIBIT 13A – Complaint Sent to TMS Regional, Oct 29, 07
EXHIBIT 13B – Complaint Sent to TMS Regional, Oct 29, 07
EXHIBIT 13C – Complaint Sent to Court of Appeal, Oct 30, 07
EXHIBIT 13D – Complaint Sent to TMS Regional Oct 31, 07
EXHIBIT 13E – Complaint Sent to Shauna Jobagy, Nov 6, 07
EXHIBIT 13F – Complaint Sent to TMS Regional, Nov 6, 07
EXHIBIT 13G – Complaint to Chief Justice Wachowich and Canadian Judicial Council and other officials, Nov 7, 07
EXHIBIT 13H – Complaint Sent to Shauna Jobagy, Nov 9, 07
EXHIBIT 13I – Complaint Sent to Chief Justice Wachowich, Dec 4, 07
EXHIBIT 13J – Complaint Sent to Justice Minister of Alberta Ron Steven and Canadian Judicial Council, Dec 5, 07
EXHIBIT 13K – Complaint Sent to Canadian Judicial Council, Dec 9, 07
EXHIBIT 13L – Complaint Sent to public officials Dec 12, 07
EXHIBIT 13M – Complaint Sent to Ed Stelmach, Dec 17, 07
EXHIBIT 13N - Letter sent to the Court of Appeal, Jan 7, 08
EXHIBIT 13O – Complaint Sent to Chief Justice Wachowich, Jan 9, 08
EXHIBIT 13P – Complaint Sent to Canadian Judicial Council, Jan 09, 08
EXHIBIT 13Q - Complaint sent to Court of Appeal, Jan 14, 08
EXHIBIT 13R - Complaint sent to Legal Aid Alberta, Jan 23, 08
EXHIBIT 13S - Complaint sent to Chief Justice K. Fraser, Jun 17, 08
EXHIBIT 13T - Complaint sent to Justice Wilkins, Jul 30, 08
EXHIBIT 13U - 08-11-00 sent to Supreme Court of Canada,Nov `08(aprx)
EXHIBIT 13V – Complaint sent to federal Prime Minister Ministers of Canada, Justice Minister of Alberta, Justice Minister of Canada, and others, March 10, 09
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EXHIBIT 14: COMPLAINT REPLIES, from pubic elected or appointed officials, judges and/or their representatives:
EXHIBIT 14A – Complaint reply from Justice Minister Ron Stevens, August 27, 2007.
EXHIBIT 14B – Complaint reply from Peggy Kobly, Oct 4, 07
EXHIBIT 14C – Complaint reply from Peggy Kobly, Oct 9, 07
EXHIBIT 14D – Complaint reply from Canadian Judicial Council, Oct 10, 07
EXHIBIT 14E – Complaint reply from Canadian Judicial Council, Oct 10, 07
EXHIBIT 14F – Complaint reply from Peggy Kobly, Oct 12, 07
EXHIBIT 14G – Complaint reply introduction from Peggy Kobly, Nov 15, 07
EXHIBIT 14H – Complaint reply from Chief Justice Wachowich, Nov 26, 07
EXHIBIT 14I – Complaint reply from Peggy Kobly, Dec 5, 07
EXHIBIT 14J – Complaint reply from Peggy Kobly, Dec 13, 07
EXHIBIT 14K – Complaint reply from Canadian Judicial Council, Jan 3, 08
EXHIBIT 14L – Complaint reply Justice Minister Ron Steven, Jan 16, 08
EXHIBIT 14M – Complaint reply from Canadian Judicial Council, Feb 21, 08
EXHIBIT 14N – Complaint reply from Canadian Judicial Council, Mar 30, 09
EXHIBIT 14O – Complaint Reply from Justice Minister of AB – A. Redford, Apr 6, 09
EXHIBIT 14P – Complaint Reply from Canadian Judicial Council, Jul 9, 09
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EXHIBIT 15 – Analysis of the alleged fictions by the appeal panel breakdown “complete dissection of the alleged lies” on their “Memorandum of Judgment”.
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EXHIBIT 16 – Statement of Division of Assets Since Separation. Supporting Documents for EXHIBIT 16 are listed as follows:
EXHIBIT 16A – Letter from Your Lawyer regarding sale to Mackenzie (Red Cliff home sale)
EXHIBIT 16B – Residential Real Estate Purchase Contract; To purchase the Medicine Hat home, June 22, 2003.
EXHIBIT 16C – Alberta Registries Land Title Certificate (Medicine Hat Home Purchase)
EXHIBIT 16D – Residential Real Estate Purchase Contract; July 14, 2003. (Calgary home purchase)
EXHIBIT 16E – Certificate of Title (Calgary home purchase)
EXHIBIT 16F – ATB Financial Statement of Disclosure (Calgary home purchase)
EXHIBIT 16G – ATB Loan Agreement; August 8, 2003 (Calgary home purchase)
EXHIBIT 16H – Land Titles Act Mortgage (Calgary home purchase)
EXHIBIT 16I – Investment Property Information (Calgary home purchase)
EXHIBIT 16J – Letter from Litwiniuk and Company, February 28, 2004. To Edward Achtem and Rhonda Achtem (Calgary home Sale)
EXHIBIT 16K – Letter Litwiniuk and Company; April 12, 2004. Re: Sale of Calgary home
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EXHIBIT 17 – Analysis of Mr. Achtem Financial Situations: Before separation, on separation, after separation, after loosing his house through the form of alleged Racketeering and Fraud and his current financial situation today. And how the alleged fraud has effected Mr. Achtem.Supporting Documents for EXHIBIT 17 are listed as follows:
EXHIBIT 17 A – Mr. Achtem's Revenue Canada Income Tax Notices of Assessments 1999 to 2009
EXHIBIT 17B – Adriana Gutierrez Galindo's (Mr. Achtem's current wife) Revenue Canada Income Tax Notices of of Assessments 2007, 2008, and 2009.
EXHIBIT 17C – Edward Achtem's TD Canada Trust account statements. Bank Statements from July 1, 2003 to April 30, 2004 (missing February and March 2003).
EXHIBIT 17D – Edward Achtem's TD Visa Statements from July 1, 2003 to September 10, 2003.
EXHIBIT 17E – HatFax's TD Canada Trust Bank Statements from July 1, 2003 to January 30, 2004.
EXHIBIT 17F – ATB Financial (joint) Account Information
EXHIBIT 17G – ATB Financial (joint) MasterCard Information
EXHIBIT 17H – RBC Visa Statement Pay $11,192.29, November 3, 2009. (stopped paying as of November 2008)
EXHIBIT 17I – TD Visa EMERALD Canada Trust to pay $9,291.30 October 21, 2010. (Stopped paying Jan 2010)
EXHIBIT 17J – Demand letter from TD Canada Trust to pay $9,770.05, October 21, 2010.
EXHIBIT 17K - COLLECTION NOTICE Vonage Phone Pay $64.91, October 12, 2010.
EXHIBIT 17L - PAYMENT DEMAND RBC Visa Pay $13,342.19, October 14, 2010.
EXHIBIT 17M – E.I. OVER PAYMENT Must pay $757.00 November 13, 2010.
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Cross Reference Material; from the Trial and the Appeal:
EXHIBIT 18A – Mr. Achtem's EVIDENCE BINDER #2 INDEX (table of contents) of Mr. Achtem's Blue Exhibit Binder used at Trial)
EXHIBIT 18B – Mr. Achtem Table of Contents of the Appellant's Appeal Books.
Please Note: Ms. Achtem's Table of Contents for Trial is referred to as “2nd List of Exhibits” marked as EXHIBIT 2, and Ms. Achtem did NOT file any appeal material.
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EXHIBIT 19 – Whatever financial information Mr. Achtem has on Ms. Achtem which is limited to what was produced at the Trial.
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Mr. Achtem's Medical Information NOT used at Trial; that the appeal refused to view, This information was NOT available to Mr. Achtem until after the Trial:
EXHIBIT 20A – OT Multiple Sclerosis Assessment, OPTIMUS program, January 23, 2004.
EXHIBIT 20B – OPTIMUS Intake Assessment, March 15, 2004.
EXHIBIT 20C – Treatment Summary OPTIMUS Program, March 23, 2004.
EXHIBIT 20D – MRI Diagnostic Imagining Report, Study of Mr. Achtem's Brain, June 17, 2008.
EXHIBIT 20E – Doctor's note from Dr. D. Miu, February 2009.

VERBATIM - Transcript and Audio EXHIBITS

Pre-trial Transcript EXHIBITS:
Subject of public interest deleted transcript by Alberta Justice EXHIBIT X- *
*EXHIBIT X * – From 1st transcript prepared by TMS – Regional; Trial withOUT the Order/Order deleted from transcript, 1st page 37.
EXHIBIT T1 – From 2nd transcript prepared by TMS – Regional; Trial instructions, vague “agreement concerning exhibit”, and the Order; page 34, line 44 to page 38, line 21.

Trial Transcript:
EXHIBIT T2 – Transcript page 39 to page 45
EXHIBIT T3 - Trial Transcript pages 94 to 101
EXHIBIT T4 – Trial transcript page 108 to page 125; (record time: 11:30:00 a.m. to 12:00:00 p.m.
EXHBIT T5 - 159, line 5 to page 161, line 11; (recored time: 2:01:30 p.m. to 2:03:11 p.m.)
EXHIBIT T6 - Exhibit T6 - Trial Transcripts Pages 179 to 185 SCC pages 108 to 122

Family Chambers Order Transcript:
EXHIBIT T7 - Transcript of Justice Miller's Order Feb 4, 08

Audio EXHIBITS (Trial):
EXHIBIT A1 - Record Audio Alleged Witness Box Attack 1st Climax time 11:30:00 a.m. to 11:31:42 p.m.
EXHIBIT A2 - Record Audio Alleged Witness Box Attack 2nd Climax Time: 11:43:32 am to 12:03:08 pm].

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FEDERAL COURT OF CANADA

Notice of Application for Judicial Review

Friday, September 17, 2010

Expected filing date: September 28, 2010

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