Donald Smith vs Jonathan Yaniv - 8/11/2020 Criminal Case Update

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Spastic Colon said:
You know we have a thread about the BCHRT stuff don't you? This is supposed to be about Donald vs Yaniv. Why you are deliberately being obtuse and steering the conversation to your semantic nitpicking and theorizing is anyone's guess. You could actually be that stupid, though, so maybe you can't help it. If you want to keep beating this dead horse, please take it to the appropriate thread.
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Yes I do, and it wasn't I who made the non-Donald post that involved a discussion point about the BCHRT that derailed the topic. The discussion after that post involved a variety of people.
 
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Gustav Schuchardt said:
It is weird how Donald gets arrested almost immediately for threatening to punch Yaniv and yet there's loads of evidence that Yaniv has threatened and even attacked people and nothing ever seems to happen to him.
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It's clear that Johnny boi is a complete bitchmade wanker. It's clear he's willing to use his trans act to force people into sexual acts with them. It's understandable that people want to wack him but at the same time he's gonna cry harassment and then attack people over minor annoyances.
 
Gustav Schuchardt said:
It is weird how Donald gets arrested almost immediately for threatening to punch Yaniv and yet there's loads of evidence that Yaniv has threatened and even attacked people and nothing ever seems to happen to him.
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Yaniv and Donald have made threats of harm which is both childish and a crime in Canada. Uttering a threat is against the Criminal Code 264.1(1)(a). Janiv has made death threats to Donald, we know that for a fact. It was in a livestream. Donald has made threats of bodily harm to Yaniv and that was on livestream. There was a threat made in the elevator about pepper spray as I recall (I may be wrong), but I don't think it was ever *proven* they had it with them. I am well aware of a video frame showing that Yaniv had something in their hand. What it is if anything we don't know.

Just because something is a crime in the criminal code doesn't mean it is prosecutable where you can get a conviction. Case law and precedent in Canada about uttering threats has shown that in order to win a conviction on such grounds there has to be a bit more than proving that the threat was made. To win a case in Canada you need to prove:

- A threat was made to cause injury or death
- That you prove the threat was indeed made by the accused
- The threat was meant to be taken seriously (goes to whether it is credible)

Other things that are secondary that are often shown are things like whether the victim received the actual threat, motivation for the threats, the medium that the threat was made through, how the victim reacted to the threats, and how the accused was behaving and acting when the threats were made.

I can't say what a court of law would rule, but there are some differences between Donald and Yaniv that I see. Yaniv made a threat but I have never seen them suggest following up on such a threat and whether it was meant to be taken seriously. What seems pretty obvious to me is that Donald himself didn't believe the threat of being murdered was real because his response was immediately "bring it on!" and then encouraged Yaniv. Donald didn't fear for his life, and I don't think Yaniv was being serious in the threat. If Donald didn't take it seriously, I don't see how in a court you'd be able to show that the Yaniv made a serious threat in the first place.

I asked previously in this thread if anyone has any evidence that Janiv actively sought Donald for an actual confrontation in real life after making a threat. Donald has made a variety of threats over the month leading up to the December 5th, 2019 court date. At first it was the more vague "you'll need 20 or 40 bodyguards/police at the courthouse" and he said he would be going. He called into the RCMP and the officer has spoken to Donald on this very issue. Yaniv had complained to police already about the threat which Yaniv took seriously to report. Donald admitted what Yaniv claimed was true, police told him it sounded/appeared like it was intended as a threat and was advised it was in his best interests to stay away from the court on December 5th.

2 days before the court appearance Donald on the other hand made a threat of going to the courthouse and using violence (to hit) a pedophiler (Yaniv) knowing he risked going to jail (he said that on livestream). The reason was because of what he perceived as a variety of threats in email (not all related to bodily harm) and what was said about his grandmother. This could be seen that Donald had intent to make a more credible threat, although Donald could argue mental deficiencies etc that caused him to say it. Donald believed he had some kind of motive, especially since he told people erroneously that had he been in the US he'd have the right to assault Yaniv. Going and punching someone without them first attacking/engaging him is not an act of self defense, it is assault even in the USA.

Donald showed up on December 5th, 2019 anyway. He was originally barred from the courthouse and did a video about that. He did a second video away from the building where he stated he wanted to "confront" Yaniv. "confront" is the word he used in the video. I don't think it helped that Donald after making the threat 2 days prior to trial AND showing up at the courthouse, being barred from entry and then gaining access to the parkade where Yaniv's vehicle was helped matters any. It could well be seen that all of these factors may have made the threat more credible.

So while I agree both engaged in a crime, I do believe there are differences that make one of these cases more probable to get a conviction on. Having said that, we don't even know if the Crown has even decided to pursue criminal charges against Donald. He was arrested, given a notice to appear with restrictions on what he can't do with regards to communication with Yaniv or knowingly be where Yaniv is. Edit: Donald says he was charged.

I could talk about Menzies, Bexte and the Rebel media encounters but those are not about Donald so will refrain from commentary about them in this thread.
 
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beeble said:
I could talk about Menzies, Bexte and the Rebel media encounters but those are not about Donald so will refrain from commentary about them in this thread.
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Glad we're ignoring a history of violence when talking about if threats are credible. Did your mom push on your soft spot as a child or are you just naturally brain damaged Petch?
 
Swiss46 said:
Glad we're ignoring a history of violence when talking about if threats are credible. Did your mom push on your soft spot as a child or are you just naturally brain damaged Petch?
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Swiss46 said:
Glad we're ignoring a history of violence when talking about if threats are credible
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Not ignoring. I stated those other things for a reason. That I acknowledge there are other situations, and I was called out for being offtopic earlier today with the BCHRT (despite it being brought about by another offtopic post). Since this is a Donald vs Yaniv thread, I am staying on topic. However, if someone wishes to discuss Bexte, Menzies, and Rebel media with me with regards to alleged assault I am more than happy to discuss it on KF in a more relevant thread. Just lead the way.
 
John southern said:
View attachment 1044783
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If I could I'd go back in time and give him an atomic wedgie and then stuff him in a locker.

Luckily time travel is impossible given our current knowledge of physics and technology so I'm not put in the position of being tempted by such a heinous and unethical course of action.

If you're reading this in the 141st Century where time travel is possible and you go back to wedgie him I'd be forced to disavow that action. Instead please pick me up and take me to the future and away from this pedocratic dystopia.
 
beeble said:
Yaniv and Donald have made threats of harm which is both childish and a crime in Canada. Uttering a threat is against the Criminal Code 264.1(1)(a). Janiv has made death threats to Donald, we know that for a fact. It was in a livestream. Donald has made threats of bodily harm to Yaniv and that was on livestream. There was a threat made in the elevator about pepper spray as I recall (I may be wrong), but I don't think it was ever *proven* they had it with them. I am well aware of a video frame showing that Yaniv had something in their hand. What it is if anything we don't know.

Just because something is a crime in the criminal code doesn't mean it is prosecutable where you can get a conviction. Case law and precedent in Canada about uttering threats has shown that in order to win a conviction on such grounds there has to be a bit more than proving that the threat was made. To win a case in Canada you need to prove:

- A threat was made to cause injury or death
- That you prove the threat was indeed made by the accused
- The threat was meant to be taken seriously (goes to whether it is credible)

Other things that are secondary that are often shown are things like whether the victim received the actual threat, motivation for the threats, the medium that the threat was made through, how the victim reacted to the threats, and how the accused was behaving and acting when the threats were made.

I can't say what a court of law would rule, but there are some differences between Donald and Yaniv that I see. Yaniv made a threat but I have never seen them suggest following up on such a threat and whether it was meant to be taken seriously. What seems pretty obvious to me is that Donald himself didn't believe the threat of being murdered was real because his response was immediately "bring it on!" and then encouraged Yaniv. Donald didn't fear for his life, and I don't think Yaniv was being serious in the threat. If Donald didn't take it seriously, I don't see how in a court you'd be able to show that the Yaniv made a serious threat in the first place.

I asked previously in this thread if anyone has any evidence that Janiv actively sought Donald for an actual confrontation in real life after making a threat. Donald has made a variety of threats over the month leading up to the December 5th, 2019 court date. At first it was the more vague "you'll need 20 or 40 bodyguards/police at the courthouse" and he said he would be going. He called into the RCMP and the officer has spoken to Donald on this very issue. Yaniv had complained to police already about the threat which Yaniv took seriously to report. Donald admitted what Yaniv claimed was true, police told him it sounded/appeared like it was intended as a threat and was advised it was in his best interests to stay away from the court on December 5th.

2 days before the court appearance Donald on the other hand made a threat of going to the courthouse and using violence (to hit) a pedophiler (Yaniv) knowing he risked going to jail (he said that on livestream). The reason was because of what he perceived as a variety of threats in email (not all related to bodily harm) and what was said about his grandmother. This could be seen that Donald had intent to make a more credible threat, although Donald could argue mental deficiencies etc that caused him to say it. Donald believed he had some kind of motive, especially since he told people erroneously that had he been in the US he'd have the right to assault Yaniv. Going and punching someone without them first attacking/engaging him is not an act of self defense, it is assault even in the USA.

Donald showed up on December 5th, 2019 anyway. He was originally barred from the courthouse and did a video about that. He did a second video away from the building where he stated he wanted to "confront" Yaniv. "confront" is the word he used in the video. I don't think it helped that Donald after making the threat 2 days prior to trial AND showing up at the courthouse, being barred from entry and then gaining access to the parkade where Yaniv's vehicle was helped matters any. It could well be seen that all of these factors may have made the threat more credible.

So while I agree both engaged in a crime, I do believe there are differences that make one of these cases more probable to get a conviction on. Having said that, we don't even know if the Crown has even decided to pursue criminal charges against Donald. He was arrested, given a notice to appear with restrictions on what he can't do with regards to communication with Yaniv or knowingly be where Yaniv is. Edit: Donald says he was charged.

I could talk about Menzies, Bexte and the Rebel media encounters but those are not about Donald so will refrain from commentary about them in this thread.
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tldr:

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Allakazam223 said:
Show the whole page, and flip through it Yannie! The world needs to know what you are applying for.

Eta; if JY is really serious about this, the named person in the filing gets a copy, right? I'm sure as soon as Donald gets them, we shall get our tard cum. He won't be able to stop himself.
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Does Yaniv have to put his full legal name on there? That could be interesting.
 
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