miriam yaniv

Miriam Yaniv Court Spasms Jan 31, 2023

Miriam Yaniv appeared in court January 31, 2023 in relation to her four criminal charges. As we have come to expect from the Yaniv’s, it was a colossal mess.

Miriam appeared in court carrying her personal items in a grocery-store style canvas bag. Jon Yaniv, dressed in red plaid as if he’s a lumberjack now, appeared behind her with the COMPLETELY untrained fake service dog Rexy. To say it was “all downhill from there” would imply that they were ever up a hill to begin with. This was just all bad.

It started with some scheduling confusion. Miriam was being represented by Marcus Barichello, an articled student, and they requested the hearing be moved from 9:30 to 2:00 pm. They also requested a transcribing service be present, claiming Miriam needs a spoken-English to written-English “translator”. This transcriber arrived at 9:30 and was advised to move to 2:00. She said she was unavailable at 2:00 but logged off after Crown said she’d try to get everyone in earlier.

Crown also announced at this time that Barichello was only appearing to apply to get off the record. In other words, he was quitting, and firing Miriam Yaniv as a client. Can you blame him?

Around 10:00 am local time, the Yaniv’s appeared in person in court. Barichello and the transcriber were summoned, but the transcriber didn’t arrive. The Yaniv’s spent a few minutes waiting in the courtroom, and then Jon Yaniv left the courtroom. Soon after, he appeared on the virtual MS Teams chat, and posted several messages.

The first was that they wanted to hurry things along, as Miriam has a doctors appointment. Crown responded by asking if she wanted assistance from duty counsel, as she was effectively self-represented now. Yaniv responded by saying she wanted to vary her bail conditions, as the restriction that blocked her from entering her own home was costing her $1,500 per week and “we” can’t afford it. He also typed that Miriam wanted to enter a not guilt plea on all counts. Last, he added this request:

“The granting of a stay of proceedings due to a Charter breach is a constitutional challenge to the validity of the Crown’s case. The court must balance the public interest in the administration of justice against the seriousness of the Charter breach and the impact on the accused’s rights and freedoms. If the breach is deemed to be serious, the court may grant a stay of proceedings as a remedy to protect the accused’s Charter rights and to ensure that the proceedings are fair and just.

“The Canadian Charter of Rights and Freedoms guarantees that all individuals are entitled to the equal protection and benefit of the law, regardless of their disabilities. This means that the rights of individuals who are deaf or hearing impaired must be respected and protected, just like the rights of any other individual.

When a deaf or hearing impaired individual is arrested, they have the right to be informed of the reason for their arrest and to have their Charter rights read to them in a manner that they can understand. This may involve the use of sign language interpreters or other forms of communication that are accessible to the individual.

The right to counsel is also a fundamental Charter right that must be respected for all individuals, including those who are deaf or hearing impaired. The accused has the right to communicate with and retain a lawyer of their choice as soon as they are arrested, and the police must take reasonable steps to ensure that the accused is able to exercise this right. If the accused is deaf or hearing impaired, the police must provide them with access to a sign language interpreter or other forms of communication that are accessible to them.

It is unacceptable for the rights of individuals who are deaf or hearing impaired to be violated, and any breach of their Charter rights may result in a stay of proceedings or other remedies to address the violation. The courts take the protection of the rights of individuals with disabilities very seriously, and any violation of these rights must be remedied to ensure that the administration of justice is fair and just for all.

This was completely ignored by all parties. It’s interesting that Yaniv said “We” want to add, as if he’s representing Miriam. The Judge ignored this, I think mostly because Miriam was clearly unhinged and this hearing was completely devoid of value.

Shortly afterwards, Yaniv appeared back in the courtroom, Rexy in tow. Miriam was called, and Jon went up with her. Rexy, a dog that Yaniv claims is trained in several different service dog specialties, spent the next ten minutes roaming the courtroom floor as far as their leash would allow. Rexy was often rolling around, kicking their legs in the air, and tugging at the leash. Rexy was even jumping up on Jon’s back.

The Judge and Crown began to discuss Miriam’s need for a transcribing service to be present due to her claimed hearing impairment. During this time Miriam was pacing back and forth, waving her hands in the air, and verbally aggressive towards both Jon and the Judge. She’s difficult to hear, which the Judge said too, but at one point it sounded like she was threatening the Judge that if she didn’t get her bail order variation she was going to “walk right out of here”. The Judge didn’t respond.

I suspect there is some touchy ground here. Any sign of bias or insensitivity towards Miriam’s claimed disability would be bad for the court later.

Marichello did get a brief chance to speak. He said he was there on behalf of lawyer Jasmin Singh, and his instructions were that Ms. Singh was withdrawing as counsel of record. Miriam interrupted this with an incoherent rambling, but it sounded like she said, “I don’t want him on my team or I’m walking out”.

Crown and the Judge continued discussion about the logistics of todays hearing and agreed that it would need to be rescheduled. Miriam kept waving at the camera to get the Judge’s attention, often interrupting Crown or the Judge himself, and when he responded, she would shout incoherently at the camera. The Judge ordered that this hearing be rescheduled and attended in person by all parties.

Around this time, Miriam turned to face Yaniv and she grabbed him, either by the cheeks or the ends of his hair by his cheeks and got very close to him and spoke to him illegibly. The Judge was heard saying that this hearing was unable to proceed today and scolded her for being distracted and unable to pay attention. Miriam was wagging her finger at Jon and he was pointing his back but they couldn’t be heard.

During the entire 10 minute episode, Yaniv was slouched over in his 5XL lumberjack shirt, breathing heavily, and Rexy was jumping around. Miriam would pace from the camera to Jon, waving her hands in the air. At one point she angrily threw something, possibly a pen, on the desk that Yaniv was sitting at. When the Judge would speak, Miriam would wave her hands at him dismissively. When allowed to speak, she told the judge something to the effect of she was going to stand up for herself, she would speak up how she wanted, and she didn’t like having a “very small voice”. She also said she needed this heard now because she “needs to get back to her routine”.

When the Judge told Miriam that they would rebook this hearing for tomorrow, in person, she responded by angrily telling him (I can’t quote because she mumbles) that this bail order was making her effectively homeless, and costing her $300 out of her disability each month for a hotel (that part was clear) and asking the judge, “How do I do that?”

The Judge responded that he didn’t know anything about that and he was rescheduling her.

The hearing concluded, and the Yaniv’s packed up their backpack, grocery sack, stunt dog, and misery and left the courtroom.

The biggest takeaway from this hearing is this….

Remember Yaniv’s charge for Publishing Defamatory Material? Where he posted the pictures of the cop and accused him of sexual assault, etc.? Yaniv fought that charge as a Charter Rights issue – and the charge was stayed. Now he is trying the same thing with Miriam’s case, claiming her Charter Rights were violated (in relation to her hearing impairment). This is what happens when Crown bends over and takes it from Yaniv. They enable it to happen again. Let’s see what happens this time.