“It Ain’t Over”

Freedom activists are critical thinkers!

Our society is so dumbed down and indoctrinated that anyone who is a critical thinker is labeled as a Conspiracy Theorist

Did you know: The term ‘conspiracy theorist’ was first coined and used by the CIA to ridicule anyone who opposed the gov’t narrative?

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  Kelowna Courts

Falsified assault charge

Kelowna Courthouse

R v David Lindsay s. 266 Criminal Code Assault

Next Provincial Court Hearing Date:

I am only appearing to the scheduler’s office on July 17 to set a date for the sentence judgment.

I will not know of the Sentencing date until Wednesday morning at some point.

Thank you for all your support and belief for freedom!!

Remember the Freedom Principle:

An attack against one is an attack against all.

An attack against all, is an attack against one.

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Update on July 10, hearing

Let me begin by extending my heartfelt gratitude to everyone for all your kind support over the past week, and even ongoing. The amount of support was really overwhelming.

I am also much indebted to Bettina for all her sacrifices and appearing in Court for me when I could not make it. Appearing in Court for the first time can be frightening no matter what the reason, but especially under these conditions where she is simultaneously worried about me, while trying to convince the Judge and Grabavac that I truly was seriously ill, for which she had direct personal knowledge.

I was unable for the most part to communicate in the hospital as I had no computer for internet access until about ½ hour before I left. The weekend was pretty much spent in rest.

As by now all are aware, I was unable to make it to the sentencing hearing last Wed due to medical reasons; painful medical reasons.

Comments and actions taken by Grabavac (Crown Persecutor) and Judge Heinrichs on this date were completely unprofessional and disrespectful. And they may and likely do, go further than that.

Upon hearing Bettina in Court of my health situation, Grabavac immediately stood up in court and objected to my non-appearance, alleging that this was somehow typical Lindsay strategy, and on the basis that he is allegedly to be in pain every week and he still shows up to work. My life/health threatening situation was clearly of more importance than Grabavac’s weekly hemorrhoid problems. (Wait, yes this confirms he truly is a pain in everyone’s ass)

I wish to add at this point. Grabavac and local ragbloid media (primarily but not restricted to Castanet, InfoTel) strongly suggested I was on the lam to avoid the sentence, and possibility of jail. I have never been afraid of any Court in Canada, ever. I am not scared of Grabavac nor the Judge in this case. I have been falsely incarcerated for standing up for freedom in the past and this will likely happen in the future, simply because corrupt Socialist governments and justice system officials, do not like challenges to their corruption, not that I am doing anything wrong. The fact that sentencing involved the possibility of jail does not frighten me in the least. As Bruce and others will support, I was fully ready for Court the day prior.

J. Heinrich’s and Grabavac came to the decision that they did not believe Bettina when she appeared as my agent in court to advise them that she had to drive me to the hospital at 5:00 a.m. that morning due to unforeseen medical issues, that further resulted in absolutely no sleep at all. No reasons were provided for their unbelief, as usual.

Grabavac called the RCMP to come to the hospital and check on me that morning; as if they didn’t have more important things to do. The Officer arrived demanding the nurses and doctors tell them my private, confidential health information. Fortunately, and thankfully, they refused to so do and immediately came and advised me of his presence. They refused to tell the Officer any medical details and at their request, I agreed to speak to the RCMP Officer.

He arrived to my emergency room stall and the first words out of his mouth: “Good morning Mr. Lindsay….you don’t look too well.” He explained that he was there from the Court. He pretty much left immediately after that. He then filed a report with Grabavac confirming that there were real health problems. If he was there on behalf of the Court (Judge), why did he file a report with the Crown? Why did he not file his report directly with the Judge? Clearly Grabavac was behind this attack to my good name and reputation.

Have no doubt, that if Grabavac called in that he could not come to court due to medical issues, not one question would be demanded of him. The Court would simply adjourn and that would be the end of the matter. Why was I not accorded this same respect? If the Judge was truly believing that I was on the lam, all she had to do was have the Court clerk call the emergency department at the hospital to confirm my presence there. End of matter.

The fact that I had Bettina appear for me, still allowed the Judge to maintain jurisdiction over me. (Bit of a complicated legal issue – Provincial Court judges have jurisdiction over the offence and the person. If the person does not appear at all, warrants are issued to preserve the Court’s jurisdiction. If they did not, they would lose jurisdiction and it could only be regained if the accused voluntarily appeared at some future date.)

J. Heinrichs demanded that Bettina release the nature of my confidential health situation to her in open court. This was absolutely not permitted in law. No judge would compel any lawyer to release information under solicitor-client privilege, yet J. Heinrichs demanded Bettina release my private health information, against my express instructions, and which was completely covered in doctor-patient privilege/confidentiality. If anyone should know this, it is J. Heinrichs and Grabavac. Bettina has never been in any court in Canada in the past, and this was truly a dishonest opportunistic J. Heinrichs to compel answers to release my private health issues which she had no moral, ethical or legal right to know. Nor did Grabavac, or the media or the public. Remember, this was in open court with hounds of BC Socialist, ragbloid reporters just waiting to pounce.

At one point, after Grabavac finally conceded only after the RCMP report was provided to him that I was on IV in the hospital and it would be unfair to force my appearance, J. Heinrichs then exclaimed that the IV could be removed for me to appear at 2:00 p.m. that afternoon!!! So Judge Heinrichs is now Dr. Heinrichs. Compelling me to appear to any hearing, while I am high on opioids and incapacitated with significant amounts of pain, emanating from health and/or life-threatening issues and against doctor’s orders to remain in the hospital, is, to put it mildly, gross professional negligence at best. Forcing me to court could have been health or life threatening. I was in serious condition in the hospital for two days.

I have appeared to all court appearances in this matter without fail, for over 2 ½ years and done nothing to deserve any questioning or unbelief by the Judge or Grabavac. But if anything, this again confirms the politics behind these charges, as those people in attendance witnessed first-hand.

I now appear on July 17 to fix a date for hearing of the sentence and will let everyone know later this week of this date.

Once again, thank you to everyone for your kind support and concern. It is with your support that I will continue to stand for freedom in the coming years in ways that most people do not yet even know or are aware of. But more freedom issues will be arising, and I will be there. Quitting is not an option, period.

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Next Supreme Court Appeal Hearing Date:

July 22, 2024 — 10:00 a.m.

Notice of Conviction Appeal Hearing

This hearing date will be to set the agenda for the hearing of the appeal from the conviction and sentence of J. Heinrichs.

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City of Kelowna v David Lindsay et al

Petition to Stop Rallies

Week of September 3, 2024 10:00 a.m.

1355 Water St.

Kelowna Courthouse

for hearing on my SLAPP (Strategic Lawsuit Against Public Participation) application to strike the City’s Petition against us. (See the B.C. Protection of Public Participation Act)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19003

We had one day before the Hon. Justice Hardwick. The remaining two days were canceled apparently due to the judge either being ill or otherwise not available to appear.

There has now been a further three days set aside during the week of Sept. 3, 2024 for the continuation of this hearing. I will be notified on the Friday, Aug. 30, 2024 of what days this will be. Considering that Monday, Sept. 2 is Labour Day, it appears we will be heard starting Tuesday or Wednesday of that week.

Our documents in this case are located on our website at:

David

All City of Kelowna documents and pleadings are now placed on our website for public viewing: https://clearbc.org/city-of-kelowna/

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chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.jccf.ca/wp-content/uploads/2023/04/Digital-ID-Surveillance-and-the-Value-of-Privacy_Justice-Centre-for-Constitutional-Freedoms.pdf

Please remember other innocent people who have stood up for our rights and freedoms against our tyrannical governments during COVID-19 and to the present, who are now in the midst of their ongoing, oppressive trials:

Tamara Lich

Chris Barber

The Coutts prisoners: Anthony Olienick and Chris Carbert

Pat King

and many other real victims.

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It was an honour to meet Dr. Trozzi and Dr. Malthouse shortly before the hearing. Thank you to Teresa, Ted and all others whose efforts made our gathering possible.

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Empower Hour

Every Wednesday Action4Canada hosts the Empower Hour, an online zoom meeting open to everyone. We have a special guest each week, who will educate, inform and answer your burning questions. Also, watch the Weekly Updates HERE.

To be kept informed of these webinars sign up for our Email Updates so as to receive advance notification along with details on how to pre-register for each Empower Hour webinar.

July 17, 2024

Sign on starts at: 4.30pm PST/7.30pm EST

Pre-Register Now for this Webinar

Join us! Share this page and link with your friends and social media!

Know Your Rights: 

Guidelines for Peaceful Protesting/Gathering/Rallies and/or Attending Events (eg. Council Meetings, School Boards, Handing out Flyers)

Know Your Rights Guidelines

Check out A4C for some of the most successful actions and strategies available to us!

And a big thank you to Tanya for all her hard work and dedication and support for the Christian principles that founded our nation!

Home

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Below is a copy of the decision from the recent win in Ontario, where the Judge ruled that sticking a swab up a person’s nose for a PCR test, did violate the Quarantine Act. Interesting, that the Judge never dealt with the issue that this further constitutes a criminal assault if the legislation permitted it.

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R. v. Fernando, 2024 ONCJ 336 (CanLII)

CITATION: R. v. Fernando, 2024 ONCJ 336

DATE: June 26, 2024

Court File No. 3111-999-00-3261751F-00

ONTARIO COURT OF JUSTICE

HIS MAJESTY THE KING

v.

Meththa Fernando

RULING

BEFORE THE HONOURABLE JUSTICE PAUL MONAHAN

on June 26^th, 2024 at BRAMPTON, Ontario

APPEARANCES:                   

A. Gurpersaud                  Counsel for The Crown

C. Weisdorf                     Agent for Meththa Fernando

WEDNESDAY JUNE 26, 2024

COMMENCED

MONAHAN, J. (Orally):

INTRODUCTION

This is the case of Ms. Meththa Fernando, M-E-T-H-T-H-A, Fernando.  Ms. Meththa Fernando was charged with failing to comply with an order under Section 58 of the Quarantine Act.  (S.C. 2005, c. 20)

In particular, Ms. Fernando took an airplane flight to her home in Mississauga, arriving at Pearson Airport on April 9^th, 2022.  She was apparently vaccinated, but she refused the COVID test, which was randomly selected to be performed on her. 

In particular, she was asked by a screening officer, Mr. Aliel, A-L-I-E-L, Joshua, J-O-S-H-U-A, Roxas, R-O-X-A-S, employed by the Public Health Agency of Canada, to undergo a nasal swab COVID-19 test, and she refused.

The actual test was to be performed by another person (see trial testimony of Roxas at page 12).  The evidence from Mr. Roxas is that he was requiring Ms. Fernando to submit to a nasal swab test.

Ms. Fernando was convicted at trial of failing to comply with an order under Section 58 of the Quarantine Act (the “Act”) and fined $5,000 with additional charges, taking it to a fine of $6,255. 

She appeals now to this Court.

DISCUSSION AND ANALYSIS

Ms. Fernando appealed to this Court; she was assisted in her appeal by a non-lawyer, Mr. Weisdorf, who was helpful to her and to the Court.

Ms. Fernando sought to rely on the Canadian Bill of Rights before the Justice of the Peace and before me.  She was not permitted by the Justice of the Peace to rely on the Canadian Bill of Rights because there was no application before the Court.

Whether the Justice of the Peace should have let the defence argue about whether the Canadian Bill of Rights was violated or not is not necessary for me to decide, given my view regarding Section 14 of the Quarantine Act.

The defence raised an argument before the Justice of the Peace and before me which has merit.  The Justice of the Peace did not address this argument.  The argument, simply put, is that the Act did not authorize a screening officer to use a screening test which involved the entry into the traveller’s body of an instrument or other foreign body.

The screening test that Mr. Roxas proposed involved the insertion of a nasal swab into Ms. Fernando’s nasal cavity, contrary to Section 14 of the Quarantine Act.

The relevant provisions are as follows, quoting Section 14 of the Quarantine Act:

Screening Technology

14(1) Any qualified person authorized by the Minister may, to determine whether a traveller has a communicable disease or symptoms of one, use any screening technology authorized by the Minister that does not involve the entry into the traveller’s body of any instrument or other foreign body.

Refusal to be Screened

14(2) If a traveller refuses to be screened with the screening technology and the person using it is not a screening officer or quarantine officer, the person shall immediately inform the screening officer or quarantine officer of the refusal.

Section 58 of the Quarantine Act provides, in part, as follows:

[58(1)]   The Governor in Council may make an order prohibiting or subjecting to any condition the entry into Canada of any class of persons who have been in a foreign country or specified part of a foreign country if the Governor in Council is of the opinion that

(a)there is an outbreak of communicable disease in the foreign country;

(b)the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;

(c)the entry of members of that class of persons into Canada may introduce or contribute to the spread of the communicable disease in Canada; and

(d)no reasonable alternatives to prevent the introduction or spread of the disease are available.

The Governor in Council made numerous orders during COVID.  It appears common ground that the order in force on April the 11^th, 2022, was “PC2022-0321,” which I will refer to as the “Order.”  The Order is over a hundred pages long.  It provides for, among other things, pre-arrival COVID tests and arrival tests, including random tests: see Section 2.3(1.2).

It provides for a polymerase chain reaction “(PCR)” test in these circumstances.  The COVID-19 molecular test is defined in the Order:

Covid-19 molecular test means a Covid-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that is

(a)if the test is self-administered, observed and the result is verified

(i)in person by an accredited laboratory or testing provider, or

(ii)in real time by remote audio-visual means by the accredited laboratory or testing provider who provided the test; or

(b)if the test is not self-administered, performed by an accredited laboratory or testing provider.

I return to Section 14(1) of the Quarantine Act.  It provides that the screening test cannot involve the insertion into the traveller’s body of any instrument or foreign body.

The prosecution raised the point that perhaps the insertion into the nasal cavity did not involve the entry into the body.  I disagree.  The insertion of a nasal swab into the nasal cavity is most definitely an insertion into the body.

Another question arises as to whether a nasal swab is an “instrument” or “foreign body.”  “Instrument” is defined in the Canadian Oxford Dictionary, 2^nd Edition, as “a tool or implement.” A “foreign body” is defined in the Oxford Languages Online Dictionary, as “an object or piece of extraneous matter that has entered the body by design or accident.”

In my view, a nasal swab is “an instrument” or “foreign body.”  In my view, the Quarantine Act did not permit a screening officer in this case, Mr. Roxas, to require Ms. Fernando to be tested at the airport by insertion into her nasal cavity of a nasal swab.

I am also of the view that the Order did not purport to expand the powers of the screening officers, and it could not do so as a matter of law.  The governing legislation is the Quarantine Act.  An Order made under Section 58 of the Act could not add to the legislative powers.  Indeed, Section 6.1 of the Order provides as follows:

[6.1]      For greater certainty

      (a)  this Order does not affect any of the powers and obligations set out in the Quarantine Act.

I am not called upon to decide, and I do not decide whether the requirement for pre-arrival COVID tests performed outside of Canada by persons who were not screening officers under the Quarantine Act was a violation of the Act.

I do decide that the nasal swab test, which the screening officer in this case required or demanded Ms. Fernando submit to, was an unlawful requirement or demand.  Ms. Fernando’s refusal to comply with the requirement or demand was lawful on her part. 

Because the requirement or demand made of her by the screening officer was not lawful, Ms. Fernando should not have been found guilty by the Justice of the Peace.

I am reversing the Justice of the Peace’s decision and entering a finding of not guilty.  Those are my reasons.

***END OF TRANSCRIPT***

FORM 2
CERTIFICATE OF TRANSCRIPT (SUBSECTION 5 (2))
Evidence Act
I,	Tammy Duffy								,
	(Name of Authorized Person)
certify that this document is a true and accurate transcript of the recording of
R. v. MeththaFernando						in the	Ontario Court of Justice
(Name of Case)							(Name of Court)
held at		7755 Hurontario Street, Brampton, Ontario
		(Court Address)
taken from Recording			3111_105_20240626_084238__30_MONAHAPA.dcr					, which has been certified in Form 1.
29 June 2024
(Date)					(Signature of Authorized Person(s))

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Sunday Paper Deliveries

Next delivery day:

Summer
Holidays

(Weather Permitting)

Add your name to the delivery list and make sure to check your
email on Sunday mornings for confirmation that our paper delivery will take place that day

Make sure you arrive before the designated time so we can all get going ASAP!

Schedule TBA

• Sign-up on the Newspaper Delivery list so that you get an email confirming the deliveries for each Sunday. With winter in mind, we will only do this if roads are bare and it’s not snowing. The advantage of delivering this time of year is that nobody is hanging out in their front yards except for the odd snowman.
• We meet at the Capri parking lot between A&W and De Dutch Pannekoek House

• Bring a large bag for carrying the papers if you want

• Grab a free small Kelowna mapbook that can help you get situated. Your cell phone will be tracking and tracing you. Learn how to read maps again

• You will be provided with a printed google map of the area you will be delivering to. Bring a yellow marker to indicate which streets you completed. You may run out of papers or you may end up with extra

• We ask that with every paper you deliver, you remove the inserts and place them in the mailbox in front or behind the paper. That way, someone who may hastily throw out the paper will still be forced to see each individual flyer

• Please deliver only one paper per mailbox, regardless if you have different papers (we usually have a combination of different papers and editions). Some houses may have up to 4 mailboxes; put one paper in each as they are for different tenants

• Sign up as a Volunteer to participate in one of the many focus groups we are working to organize. Most people are too busy to commit to fighting for freedom. I guarantee you will have plenty of extra time after Canada becomes a full-fledged communist country and your jobs & businesses are gone. Time to add freedom-fighting to your list of priorities. Much of the help needed can be done at home and even one hour per week will be helpful. Even if you don’t want to join a specific group, maybe you have something you can offer to help out. Let us know!
  Contact Linda at CLEAR.Linda@proton.me

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3 Simple Things Freedom Activists can do to WIN this War:

1. Spread the Word by delivering papers and flyers everywhere:

Knowledge is power!

2. Replace your cell phone with a flip phone:

Think of your apps as TRAPS!

3. Use CASH:

Hand out the “Use cash cards” and “pay cash” business posters

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A bit about David

Due to time constraints right now, I will try and complete Part II asap.

Thanks for your patience.

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Freedom Rallies

“It ain’t over till it’s over”

Next Kelowna Rallies:

Saturday,

July 20, 2024

Hwy 97 & Cooper

Aug 3, 2024

Stuart Park

Join us for important announcements on the local, legal scene, and informative speakers!

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July 20, 2024

Vernon Freedom Rally

12:00 p.m. – 2:00 p.m. @ Polson Park

Join Darren for the Largest rally in the North Okanagan, and growing weekly!

North Okanagan Shuswap Freedom Radio

http://s1.voscast.com:11464/stream

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July 20, 2024

O.K. Falls Freedom Rally

11:30 a.m.

Across from Esso Station

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July 20, 2024

Oliver Freedom Rally

12:00 p.m.

Town Hall

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July 20, 2024 12:00 noon

Kamloops Freedom Gathering

Valleyview Centennial Park