The Legal Harassment of B.C. Free Speech Activist, Dave Lindsay
Below the – 30 – is a message in circulation re criminal charges against David Lindsay for his involvement in protests against the LOCKDOWN. To which I’m adding more information gained from speaking with him.
Dave has in hand the official transcript of what was said in a hearing where Crown Counsel Grabavac applied to change the Warrant for arresting him. Court was told that the original Warrant allowed for him to be released by the police on the usual conditions. But the Crown wanted a different Warrant so he’d have to go through a bail hearing from which he’d be released only on condition that he undertake not to go near Interior Health buildings, nor any school nor any park. Obviously ! it was a trick creating the premise for the NDP’s “no-free-speech bubble zones” around hospitals and schools
It doesn’t take a degree in political science to figure out that the maneuver by the Crown was first last and ONLY a way to hobble Lindsay from leading political activity to embarrass the NDP more. Their asking he be enjoined from attending Stuart Park, where he’s associated and communicated with citizens for nearly two years, to do with the CONTROLA-VIRUS horror story, is a rank perversion of Justice.
To her credit, Judge Daneliuk deferred ruling saying that she was unsure if it would be proper for her to accede to the change sought. And a good thing she did, too. In light of the ruling of the Supreme Court of Canada in the case of HM the Queen versus Chaycen Zora. It doesn’t get any clearer than its paragraphs 83 – 99, especially 85:
“Terms of release imposed under s. 515(4) may “only be imposed to the extent that they are necessary” to address concerns related to the statutory criteria for detention and to ensure that the accused can be released. They must not be imposed to change an accused person’s behaviour or to punish an accused person. ”.
By the Grace of God, Dave got wind of the Warrant a couple of days earlier. The usually-reliable source warned him that a tv camera crew would be hovering at Stuart Park at the upcoming Saturday weekly rally. So, the script was uniformed agents of the state ( with loaded weapons on their hips, never forget ) agreed to lend prestige and resources to a made-for-media spectacle so that the leader of the local political dissidents would be demonized on the evening news. How perfect is that, eh, for purposes of the New Democratic Party propaganda ?!
David Lindsay has ‘been around the block’ a few times in this game. In fact,very quietly, he went to the Kelowna RCMP HQ on Monday Dec 20th , surrendered, co-operated getting the bail paperwork done, so was out on the street within the hour.
One would think that expertise re what the Supremes had to say about how Bailment ought to go, would be part of the duty of the Agent for the Criminal Justice Branch. A handy explanation for Mr Grabavac’s ignorance, being that was above his pay grade. But he does not get off the hook that easily. There is no doubt in my mind that this outrage was co-ordinated from the very top of the hierarchy, by which I mean, the Chief Law Enforcement officer, by which I mean, the Attorney General himself David Eby. Mister Eby got elected as an MLA, largely on the reputation he’d made as head of the BC Civil Liberties Association. In the days when he was part of Her Majesty’s Loyal Opposition, had such a disgrace as this — the Crown perverting due process of law for a partisan political purpose –come to his attention, David Eby would have been on his feet in the House, making political ‘hay’ out of it.
This “devil-in-the-details” moment exemplifies how our institutions have failed us. Suffice to say that what went on in the Lindsay matter was a crime unto itself, ie. an attempt to pervert Justice contrary to section 139 of An Act respecting the criminal law RSC.
The Criminal Justice Branch didn’t just come up with this on its own. Don’t tell me David Eby wasn’t aware of it. There is no other, more logical explanation of this witting interference with the rights of a critic of the government, but that it was done with approval of David Eby. Which makes him accomplice before the fact, in another, distinct criminal offence — conspiracy to commit an indictable offence, section 465 ( 1 ) ( c ) of the Criminal Code. And for those who may say : ‘Oh, well, they did not succeed so no harm done’. I remind you-all the attempt IS the crime
The reason I am sure of Eby’s involvement in the Lindsay matter, is that a similar thing happened to me, back in 1993. Then, AG Gabelmann was moved by lobbyists including the lawyer for the NDP David Bellamy, to pervert powers and resources at his disposal against me because I was out on the public sidewalk, informing and warning citizens how the NDP was laundering funds through the abortion ‘clinics’ back to itself. Years later, I proved in Court that Gabelmann had directed the head of the Criminal Justice Branch – then, Ernest Quantz – to frame me up for selective prosecution. I had the satisfaction of hearing Judge Keith Libby say from the Bench:
“There is probably more truth than not to Watson’s assertion that they are spinning a web to catch him.”
The “they” to which he referred was Colin Gabelman and Ernest Quantz. I boast that I ‘lit the fuse on the stick of dynamite that blew the doors off the NCHS”. Out of that commotion, the criminal enterprise known as the Nanaimo Commonwealth Holding Society went to pieces. Its mastermind NDP cabinet minister David Stupich was sent to prison.
History does not repeat itself, but it does rhyme. The pettiness of their attempt to outlaw a political adversary gives away how our relentless intelligent peaceful EVENTS convened in front of the Leg. and similar GATHERINGS all over B. C. have caused Eby & Co. to come unglued. For comic relief , see clause DD page 5 of GrandWitch Bonnie Henry’s latest Public Health diktat. She turns the screws torturing British Columbians still more, yet she knows bloodywell she won’t prevent us assembling in OUTDOOR GATHERINGS. To save face, she pretends to extend her permission !
The BonMonster says:
“I am not prohibiting outdoor assemblies for the purpose of communicating a position on a matter of public interest or controversy, subject to my expectation that persons organizing or attending such an assembly will take the steps and put in place the measures recommended in the guidelines posted on my website in order to limit the risk of transmission of COVID19.”
It’s worth noting that Dave has received 45 Violation Notices for alleged infractions of local by-laws, arising from his involvement in the END THE LOCKDOWN movement. Forty five … count ‘em. Every one a trophy of what? RESISTANCE TO TYRANTS!
looks like when push comes to shove.
* file 96731-1 Kelowna Registry Heard Dec 10 2021
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As many of you were aware, David was not at Saturday’s Kelowna Rally. As David predicted last year would eventually happen, the Crown has authorized two (2) falsified charges to be laid of assault, allegedly against two ( 2) Palladin Security officials at Interior Health 505 Doyle in Kelowna, from Aug. 19, 2021.
Media were present on Saturday in the hopes of getting pix of police arresting David and taking him away in handcuffs, to publicize and scare people away from coming to rallies. That did not materialize
That the Crown would do this is conclusive proof that our rallies are having a major effect on deterring people from getting vaccinated and from complying with Bonnie the Commie’s lockdown measures.
More information will be forthcoming; however, we are limited in what we say to protect the right to a fair and impartial hearing – something that is already tenuous at best.
Paid complainants on a witness stand is going to be very interesting indeed. First appearance is on Feb. 17, 2022. Full disclosure is expected by the end of January and with hopes to set a trial date at that time. The sooner the better.