Artist receives probation for 'art project'
ANDREW PHILIPS/SPECIAL TO POSTMEDIA NETWORK JohnPaul Adamovsky plans to appeal his sentence on three mischief charges relating to a dispute over his art project with one of his former Tiny Township neighbours.
MIDLAND -- While the actual passing of sentence on three mischief charges lasted mere minutes, getting to that point took much longer as a Toronto man continued to argue he shouldn't receive any punishment for his Georgian Bay "art project."
Although eventually sentenced by Ontario Court Justice Enno Meijers to 100 hours of community service and two years probation on relating to his 'Welcome to Creation' beach paradise project, JohnPaul Adamovsky questioned many findings in a pre-sentence report as well as victim-impact statements submitted by a couple who were once his neighbours in Tiny Township.
"I believe it's too brief to sum up the last 35 years of my life," Adamovsky said of the pre-sentence report. "I'm an inventor, an artist, a creator.
"This seems to imply I'd be better off working at Walmart as a greeter. That's essentially languishing ... it'd be worse than prison because at least in prison I could work out and read books."
The suspended sentence that Adamovsky plans to appeal also includes an order prohibiting him from contacting the neighbour behind the initial complaint or from being within 250 metres of their residence or workplace. Meijers also issued a two-year weapons prohibition, to which Adamovsky questioned why, with his muscular physique, "would he use a weapon to intimidate anybody?"
Adamovsky is already appealing a June 1 sentence handed down by Justice of the Peace Carol Seglins in Barrie provincial offences court.
Under the Public Lands Act, Seglins fined Adamovsky $1,000 for unlawfully filling shore land and an additional $1,000 for failing to comply with a stop-work order in the case that involves breakwater-like structures and a small island he created near his parents' cottage, just off Concession Road 18 West.
And while Meijers found him guilty earlier this summer following a six-day trial, Adamovsky told the judge "there will be an appeal unless the verdict is changed to not guilty."
As well, Adamovsky said the pre-sentence report contained a number of factual errors, including who broke up with whom relating to a former girlfriend and even what year that courtship fizzled.
He also brought up a report notation that wondered whether he should attend counselling to develop problem-solving skills since he built " a shoreline paradise" to which Meijers replied: "Maybe it meant solving problems with your neighbours.
"You're a bright guy, you know the difference between abusive behaviour and reasonable behaviour. You need to modulate your behaviour with other people."
While there was much back and forth between the pair, Meijers seemed to become frustrated by Adamovsky's vigilant rehashing of trial arguments as they moved from the pre-sentence report to victim-impact statements.
"Listen to me, when I'm talking, you don't," Meijers said. "The trial is done, I've made my findings. We are at the sentencing stage. Limit yourself to whatever concerns you have with the victim-impact statements."
So, Adamovsky reviewed the statements and began questioning both the documents' motive and wording.
"I'd like the phrase 'defiant tirade' replaced with 'reasoned articulated argument," he said, adding that the husband of his former neighbour only testified in court to serve as "an avatar" for his wife.
Assistant Crown Attorney Carolyn Ross, who made her sentencing submission while Adamovsky regularly stood up to say "objection, speculation," sought a conditional discharge with three years probation, including not only a non-contact order with the neighbours and a prohibition from entering Tiny Township, but also one that wouldn't allow Adamovsky to directly contact the Barrie Crown Attorney's office since staff felt "intimated."
Ross told Meijers the criminal trial "was a procedure of last resort" and could have been avoided.
"It's a fairly straightforward case that ended up being protracted," she said. "There's no respect for anybody else's direction, wishes, rights or the law."
But while Meijers rejected the Crown's request for a non-contact order with Barrie personnel since Adamovsky plans to appeal, he didn't think this case qualified for a conditional discharge and noted he would have considered a custodial sentence in the 30- to 45-day range had the Crown sought it since Adamovsky ignored numerous requests from neighbours and authorities to cease and desist.
"He's been found guilty of a lengthy, persistent offence," he said. "It's evident and clear to me that he simply has no insight at all into the nature of the offence he's been found guilty of or his effect on other people."
Adamovsky, meanwhile, said it would be especially cruel to prohibit him from going to the beach or swimming near his family's former cottage since it would violate his freedom of religious worship.
"It's essentially a heritage site. I started going there in 1987 when I was five," he said, noting he has many close, long-term friends who still live there and that the project created an oasis for all to enjoy.
"This is what a passionate artist does; he becomes obsessed with a project. JohnPaul Adamovsky doesn't do what he wants in objection to others' wishes, he filters that through the mind of an expert. We know JohnPaul Adamovsky is an expert of creating beaches."