Memorandum; to Chief Justices of Alberta of the Court of Queen's Bench of Alberta and Court of Appeal of Alberta, & Chief of Calgary Police ServiceJoint Complaint; Criminal Complaint to Police Court Complaint to Chief Justices because the court breached the Functus Officio Doctrine and Separation of Powers Principal, defacto courts' Judgments lawlessly aggregated a 6.893.2 percent split of matrimonial to the Defendant Accused from a divorce coming from a 14 year marriage with zero $0.00 exemptions. The Plaintiff Victim Edward Achtem is forced too pay high child supportsince 2008 withOUT remedy to have it reduced, due to the February 1st of Justice Miller. The Hearing is Ascending from sanctioned offenses purported at Trial by the Accused. the Victim is requesting remedy and police action.........A1 ___________________________________________________
Written Presentation: from; Christopher Wingate, Perth, West Australia, Australia“Law Management” Functus Officio.......................................................B1 to B4 ___________________________________________________
- [1] Introduction child support and court sanctioned crime issues, paragraphs 1 to 30
--- 2nd Family's Income paragraphs 5 to 10.
--- 1st Child's Child Support Adjustments proposed for 2008 to present, paragraphs 11 to 15.
- [2] Part I: The Trial Judge Sanctioned Rhonda Achtem's Offenses paragraphs 31 to 92.
-- Analysis of the Witness Box Attack Broken down into 2 Climaxes paragraphs 55 to 83.
--- 1st Climax - When and after Ms. Achtem presented her undisclosed 2nd Bundle of Documents; and cross-examination of her exhibit A; paragraphs 55 to 66.
---2nd Climax paragraphs Ms. Achtem's cross-examination of Edward Achtem paragraphs 67 to 83.
-[3] Part II: Monetary Elements of Sanctioned Fraud, Analysis of Division of Matrimonial as a Result of Defacto Court's Reasons for Judgment of Justice Horner, paragraphs 91 to 132.
- [4] Statement of Questions in Issue paragraph 133.
- [5] Argument paragraphs 134 and 135.
- [6] Conclusion paragraphs 136 and 137.
Federal Court Order and Judgments and 77 EXHIBITS:
EXHIBIT A: Federal Court Order of Prothonotary Lafreniener January 17, 2011...............................page D1
EXHIBIT B: Supreme Court of Canada (SCC) Judgment December 11, 2008...............................................page D7
EXHIBIT C: Court of Appeal of Alberta Memorandum of Judgment May 17, 2008...................................page D8
EXHIBIT D: In The Court of Queen's Bench of Alberta Judicial District of Medicine Hat Reasons for Judgment of JusticeHorner July 13, 2007.....page D12
Transcript Portions and Suppelment Audio Segment: EXHIBIT T - Transcript portions: Pre-trial pages 34 to 38, Trial pages 94 to 97, 108 to 125, 154, 155, and 159 to 161.
EXHIBIT TA: Supplement EXHIBIT Trial Audio of Rhonda Achtem's Cross-examination of E. Achtem, time: 11:29:50 a.m. to 12:03:09 a.m. May 17, 2007 COPY of prepared by Alberta Justice TMS Regional, Red Deer Alberta...Disk or click here. Note: (use Windows Play to play FTR segment)
Supporting Documents: EXHIBIT 1: Order of Justice Miller, February 1, 2008........................................................E1
EXHIBIT 2: Order of Justice Hughes, May 6, 2006...............................................................E4
EXHIBIT 3: Order of Justice Sulatycky, March 9, 2009............................................................E7
"Current child support, access and custody Order" EXHIBIT 4: Order of Justice Hembroff, December 24, 2004.....................................................E9
EXHIBIT 5: Certificate of Divorce, January 17, 2007....................................................E10
EXHIBIT 6: Edward D. Achtem's Notice of Assessments 2010,2009, and 2008....................E11
EXHIBIT 7: Edward D. Achtem's Pay stubs June, July and August 2011....................................E13
EXHIBIT 8: Maintenance Enforcement Program MEP Statements of Arrears....................................E14
EXHIBIT 9: 2nd wife's income for 2009, 2008, and 2007 is $0.............................E19
EXHIBIT 10: 2nd wife's 2010 income is $1,300.00 per month (part-time employment).....E20
EXHIBIT 13: 2nd child's money from birth to present............................E24 to E29a
EXHIBIT 14: Doctor Lopez's prescription.............E30
EXHIBIT 15: Doucet‑Boudreau v. Nova Scotia (Minister of Education), [2003] 3 S.C.R. 3, 2003 SCC 6.............................................................E31
EXHIBIT 16: Order of Justice Rawlins, March 29, 2007......................................................E69
EXHIBIT 17: Pre-trail Court Notes, March 29, 2007......................................................E71
EXHIBIT 18: Kathleen Linton's legal opinion for Legal Aid...........................................................E72
EXHIBIT 19A: copies of pages 2 and 3 of defacto appellant's court Memorandum of Judgment, with the fictions or perjuries underlined in red...................................................E76
EXHIBIT 19B: complete copy of defacto court's Reasons for Judgment of Justice Horner, with what is contrary underlined in red........................E78
EXHIBIT 20: R v Kusk 1999 ABCA 49 (CanLII).....E87
EXHIBIT 21: Rhonda Achtem's 1st List of Exhibits, notice of intentions.................E92
EXHIBIT 22: Rhonda Achtem's 2nd List of Exhibits...........................E93
EXHIBIT 23: Edward Achtem's Medical Documents grouped together.......................E94 to E101
EXHIBIT 24: Ms. Sails's (Achtem) letter to the Court of Appeal of Alberta, September 12, 2007............................E102
EXHIBIT 25A: deleted transcript, no Pre-trail Order exists, Pre-trial Order recoverered and Mr. Wachowich's letter...........E104 to E109b
EXHIBIT 25B: QB Civil practice Note 5, Family Law Pre-trial Conferences.............E109c
EXHIBIT 26: Appellant's Factum of Edward D. Darren Achtem...................E110
EXHIBIT 27A: Ms. Achtem's exhibit M, e-mail received March 20, 2006; 6:46 p.m. from E. Achtem to Les Scholly................E118
EXHIBIT 27B: Correct Answers to cross- examination of Ms. Achtem exhibit M..........E119
EXHIBIT 28A: Ms. Achtem's exhibit N,e-mail Ms. Achtem received September 4, 2003; 8:27 a.m from Edward D. Achtem...............E122
EXHIBIT 28B: Correct Answers to cross- examination of Ms. Achtem's exhibit N........E123
EXHIBIT 29A: Ms. Achtem's exhibit O, e-mail Ms. Achtem received October 3, 2003; 7:37 a.m. from Edward D. Achtem..............E125
EXHIBIT 29B: Correct Answers to cross- examination of Ms. Achtem's exhibit N........E126
EXHIBIT 30A: Ms. Achtem's exhibit P, e-mail Ms. Achtem sent November 17, 2003; 4:03 p.m. to Edward D. Achtem..........................E129
EXHIBIT 30B: Correct Answers to cross- examination of Ms. Achtem's exhibit P........E131
EXHIBIT 31A: Ms. Achtem's exhibit Q, e-mail Ms. Achtem received November 19, 2003; 9:09 a.m. from Edward D. Achtem..............E133
EXHIBIT 31B: Correct Answers to cross- examination of Ms. Achtem's exhibit Q........E134
EXHIBIT 32A: Ms. Achtem's exhibit R, e-mail Ms. Achtem received July 9, 2004; 2:48:30 a.m. from Edward D. Achtem........................E137
EXHIBIT 32B: Correct Answers to cross- examination of Ms. Achtem's exhibit R........E138
EXHIBIT 33: Order of Justice Wilkins July 31, 2008................................E141
EXHIBIT 34: Part I and II of Ms. Achtem's Supreme Court of Canada Response....................E144
EXHIBIT 35: Letter CMA accountant R Allen wrote to Supreme Court of Canada......................E151
EXHIBIT 36: Statement of Division of Assets Since Separation....................................E152
EXHIBIT 37: Adjusted Sheet, Statement of Division of Matrimonial Assets and Liabilities Since Separation, September 6, 2011...................E155
EXHIBIT 38: June 22, 2003 Medicine Hat home Real Estate Purchase Agreement.........................E157
EXHIBIT 39: Calgary home Real Estate Purchase Agreement............................................E161
EXHIBIT 40: July 24, 2003 Investment Property Information Calgary home purchase...E165
EXHIBIT 41: July 30, 2003 Re: Sale to MACKENZIE.................................E168
EXHIBIT 42: August 8, 2003 ATB Loan Agreement Calgary home purchase..............E173
EXHIBIT 43: Land Title Certificate Calgary home.................................E175
EXHIBIT 44: Land Title Certificate Medicine Hat Home............................E178
EXHIBIT 45: Edward Achtem's July and August 2003 Canada Trust bank Account Statement....................................E180
EXHIBIT 46: The Achtem's joint ATB bank account statements August 23 2003.......E182
EXHIBIT 47: The Achtem's August 7, 2003 joint ATB MasterCard Statement.....................E184
EXHIBIT 48: Edward Achtem's July 12, 2003 to August 12, 2003 TD Visa Statement........E185
EXHIBIT 49: Hatfax Laser Products July and August 2003 Bank Statements....................E186
EXHIBIT 50: January 4, 2004, ATB Financial Delinquent Payment Notice....................E190
EXHIBIT 51: 3 Letters from Litwiniuk and Company February 27 to March 2, 2004; for sale of the Calgary home.....................E191
EXHIBIT 52: 2 Letters with sales information from Litwiniuk & Company April 8 and 12, 2004................E194 to E204
EXHIBIT 53: Mr. Achtem's income for 2003, 2004, and 2005 Notice of Assessment..........E205
EXHIBIT 54: Ms. Achtem's CIBC bank statement, November 6, 2003.............................E208
EXHIBIT 55: March 26, 2004 Rhonda Achtem's Sun Life RRSP................................E210
EXHIBIT 56: March 26, 2004 Rhonda Achtem's Canada Savings Bond..........................E211
EXHIBIT 57: March 3, 2004 Ms. Achtem Payment of (-$2,571.69) to the Achtem's Joint ATB MasterCard.........................E212
EXHIBIT 58: February 11,2007 Statement of arrears from Edward Achtem parents...........E213
EXHIBIT 59: Rhonda Achtem's November 14, 2003 CIBC Visa Statement.....................E215
EXHIBIT 60: Canada Customs Business Arrears, for GST for `02 & `03's (EST)............E216
EXHIBIT 62: City of Calgary snow removal bill............................E218
EXHIBIT 63: Calgary home ATCO Gas bill March 30, 2004...............................E219
Memorandum; to Chief Justices of Alberta of the Court of Queen's Bench of Alberta and Court of Appeal of Alberta, & Chief of Calgary Police Service Criminal Complaint | Breaches of the Functus Officio Doctrine and Separation of Powers Principal Complaint, and requesting remedy..........................A1 to A
Written Presentation: Author; Christopher Wingate, Perth, West Australia, Australia Taken from his blog' “Law Management” From blog posting; at URL: http://lawisanass-wingate.blogspot.com/2009/08/functus-officio.html Functus Officio.................................B1 to B4
Table of Authorities...........................................B5
AFFIDAVIT | Victim-Witness Statement of Edward Darren Achtem......................…..................C1 to C36
Supporting Documents to affidavit: Page EXHIBIT A: Federal Court Order of Prothonotary Lafreniener January 17, 2011..........................D1
EXHIBIT B: Supreme Court of Canada (SCC) Judgment December 11, 2008.....................................D7
EXHIBIT C: Court of Appeal of Alberta Memorandum of Judgment May 17, 2008.................................D8
EXHIBIT D: Court of Queen's Bench of Alberta In the Judicial District of Medicine Hat Reasons for Judgment of Justice Horner July 13, 2007........................................D12
EXHIBIT 1: Order of Justice Miller, February 1, 2008......................................E1
EXHIBIT 2: Order of Justice Hughes, May 6, 2006...........................................E4
EXHIBIT 3A: Order of Justice Sulatycky, March 9, 2009.........................................E7
“Current child support, access and custody Order” EXHIBIT 3B: Order of Justice Hembroff, December 24, 2004.....................................E9
EXHIBIT 4: Edward D. Achtem's Notice of Assessments 2010, 2009, & 2008...................................E10
EXHIBIT 5: Edward D. Achtem's Pay stubs June, July & August 2011.............................E13
EXHIBIT 6: Maintenance Enforment Program MEP Statements of Arrears................................E14
EXHIBIT 7: 2nd wife Adriana M. Gutierrez Galindo's income for 2009 is $0................................E19
EXHIBIT 8: Adriana M. Gutierrez Galindo's 2010 income is $1,300.00............................E20
EXHIBIT 9: Adriana M. Gutierrez Galindo's last 3 months pay stubs..............................E21
EXHIBIT 10A: 2nd child Katherine A. Achtem's Birth Certificate..........................................E23
EXHIBIT 12: Kathleen Linton's legal opinion for Legal Aid..................................................E27
EXHIBIT 13: Doucet‑Boudreau v. Nova Scotia (Minister of Education) [2003] 3 S.C.R. 3, 2003 SCC 6 .......................E31
EXHIBIT 14: copies of pages 2 and 3 of defacto appellant's court Memorandum of Judgment, with the fictions underlined in red..................E69
EXHIBIT 15: complete copy of defacto court's Reasons for Judgmentof Justice Horner, with what is contrary underlined in red …............E71
EXHIBIT 16: R v Kusk 1999 ABCA 49 (CanLII)...........E80
EXHIBIT 17: Rhonda Achtem's 1st List of Exhibits notice of intentions.................................E85
EXHIBIT 18: Rhonda Achtem's 2nd List of Exhibits.................................E86
EXHIBIT 19: Edward Achtem's Medical Documents grouped together..............................E87 to E94
EXHIBIT 20: Ms. Sails's (Achtem) letter to the Court of Appeal of Alberta, September 12, 2007.......................E95
EXHIBIT 21: deleted transcript, no Pre-trail Order exists, Pre-trial Order recovered....................E97 to E102
EXHIBIT 22: Appellant's Factum of Edward D. Darren Achtem.............................E103
EXHIBIT 23A: Ms. Achtem's exhibit M, e-mail received March 20, 2006; 6:46 p.m. from E. Achtem to Les Scholly.......................E111
EXHIBIT 23B: Correct Answers to cross-examination of Ms. Achtem exhibit M........E112
EXHIBIT 24A: Ms. Achtem's exhibit N, e-mail Ms. Achtem received September 4, 2003; 8:27 a.m from Edward D. Achtem...E115
EXHIBIT 24B: Correct Answers to cross-examination of Ms. Achtem's exhibit N...........................E116
EXHIBIT 25A: Ms. Achtem's exhibit O, e-mail Ms. Achtem received October 3, 2003; 7:37 a.m. from Edward D. Achtem....E118
EXHIBIT 25B: Correct Answers to cross-examination of Ms. Achtem's exhibit N...........................E119
EXHIBIT 26A: Ms. Achtem's exhibit P, e-mail Ms. Achtem sent November 17, 2003; 4:03 p.m. to Edward D. Achtem....E122
EXHIBIT 26B: Correct Answers to cross-examination of Ms. Achtem's exhibit P...........................E123
EXHIBIT 27A: Ms. Achtem's exhibit Q, e-mail Ms. Achtem received November 19, 2003; 9:09 a.m. from Edward D. Achtem..E126
EXHIBIT 27B: Correct Answers to cross-examination of Ms. Achtem's exhibit Q...........................E127
EXHIBIT 28A: Ms. Achtem's exhibit R, e-mail Ms. Achtem received July 9, 2004; 2:48:30 a.m. from Edward D. Achtem....E129
EXHIBIT 28B: Correct Answers to cross-examination of Ms. Achtem's exhibit R...........................E130
EXHIBIT 29: Order of Justice Wilkins July 31, 2008.......................................E133
EXHIBIT 30: Ms. Achtem's Supreme Court of Canada Response....................E136
EXHIBIT 31: Letter CMA accountant R Allen wrote to Supreme Court of Canada..........................E143
EXHIBIT 32: Statement of Division of Assets Since Separation.................E144
EXHIBIT 33: Medicine Hat home Real Estate Purchase Agreement......................E147
EXHIBIT 34: Calgary home Real Estate Purchase Agreement...........................................E151
EXHIBIT 35: Investment Property Information Calgary home purchase...............................E155
EXHIBIT 36: ATB Loan Agreement August 8, 2003 Calgary home purchase...............................E157
EXHIBIT 37: Land Title Certificate Calgary home................................................E160
EXHIBIT 38: Land Title Certificate Medicine Hat Home................................................E163
EXHIBIT 39: Letter from Your Lawyer regarding the sale of the Red Cliff home............E165
EXHIBIT 40: Edward Achtem's July and August 2003 Canada Trust bank Account Statement...........................................E170
EXHIBIT 42: The Achtem's August 7, 2003 joint ATB MasterCard Statement......................E174
EXHIBIT 43: Edward Achtem's July 12, 2003 to August 12, 2003 TD Visa Statement...........E175
EXHIBIT 44: Hatfax Laser Products July and August 2003 Bank Statements................E176
EXHIBIT 45: ATB Financial Delinquent Payment Notice, January 4, 2004.....................E180
EXHIBIT 46: 3 Letters from Litwiniuk & Company February 27 to March 2, 2004; for sale of the Calgary home...E181
EXHIBIT 47: 2 Letters with sales information from Litwiniuk & Company April 8 and 12, 2004....E184 to E194
EXHIBIT 48: Mr. Achtem's income for 2003 Notice of Assessment................................E195
EXHIBIT 49: Ms. Achtem's CIBC bank statement, November 6, 2003....................................E196
EXHIBIT 50: Rhonda Achtem's Sun Life RRSP March 26, 2004......................................E198
EXHIBIT 51: Rhonda Achtem's Canada Savings Bond March 26, 2004......................................E199
EXHIBIT 52A: Statement of arrears from Edward Achtem parents February 11,2007..............E200
EXHIBIT 52B:Rhonda Achtem's November 14, 2003 CIBC Visa Statement..............E200a
EXHIBIT 53: Canada Customs Statement of Arrears, for GST.............................................E202
EXHIBIT 54: Ambulance Bill October 2003.............E203
EXHIBIT 55: City of Calgary snow removal bill.......E204
EXHIBIT 56: Calgary home ATCO Gas bill March 30, 2004........................E205
Transcript Portions and Audio Segment: EXHIBIT T: Pages
EXHIBIT TA: Supplement Trial Audio of Rhonda Achtem's Cross-examination of E. AchtemTime: 11:29:50 a.m. to 12:03:09 a.m. May 17, 2007.........Disk (use Window Player on Computer)