Please forward
“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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For the most complete evidence that was intentionally and conveniently omitted from all Federal Gov’t studies/reports/committees.
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Falsified assault charge
Kelowna Courthouse
R v David Lindsay s. 266 Criminal Code Assault
Court trial update:
Tuesday, Sept. 12, 2023
I have always been a stickler for details. I hope you appreciate the details set out below to give you a clear picture of what is happening in this case, especially as it has been a while since I have had the time to send out an email with these updates.
At the previous trial dates in May, 2023, dates were reserved for Dec. 13, 14 for final submissions. Judge Heinrichs apparently wasn’t all too happy with that, and in June, arranged to set one further date for Sept. 12.
I was required to begin submissions. The first issue was judicial bias. The Crown and even its own witnesses controlled this Judge from the very beginning of the trial. I would ask questions, and the Crown would answer instead of the Judge. Witnesses would refuse to answer legitimate questions, and the Judge would refuse to compel them to do so. The Crown, Mr. Grabavac, repeatedly insisted to the Judge that there were only four (4) defences to an assault charge. The Judge then would keep repeated this to me and my questions if not relating to one of these defences were not allowed.
The Crown repeatedly questioned its witnesses, especially Interior Health (IH) chief security officer Greg Smith, to confirm that I was issued a No Trespass order the week prior to the date (Aug. 19, 2021) of the alleged offence and was not allowed into the IH building in Kelowna.
Despite this, I was prohibited from questioning the witness on this very point, and I was prohibited from introducing video evidence to show that I had done nothing to justify being banned. I lost 20 pages of questions to the witnesses on this legitimate issue that was put into evidence by the Crown. Remember, this was a gov’t building, or gov’t leased part of the building that I had a right of access to, and my Charter and common law rights and freedoms applied, including to Greg Smith, as these cases below illustrate and confirm that I cannot be banned from this government-controlled area without a legitimate reason for so doing. They knew that they had no such reason so the only thing that could be done, was to keep my questions and evidence off the record.
“I observe that where a government issues a trespass notice relying on the common law power to expel persons from property, it is exercising a power that is subject to implied limits…In a free and democratic society, it is no small matter to exclude a person from public property.”
Bracken v Fort Erie (Town) 2017 ONCA 668
CanLII para. 75-77, 79, 80
“Although the expressive activity took place on government property, the government cannot have complete discretion to treat its property as would a private citizen….Under the Civil Code of Quebec (or the common law of other provinces) the Crown as property owner is entitled to withdraw permission from an invitee to be present on its property, subject always to the Charter. “
Committee for the Commonwealth of Canada v Canada
1991 CanLII 119 SCC McLachlin J.
So, I requested a mistrial and that the Judge recuse herself for bias. This of course was reserved for later decision meaning on this issue, the Judge is not going to agree. That’s fine – there are appeal courts to go to if the Judge screws me in this court.
Then trial defences followed. The Judge walked into court and without notice to me, suddenly informed me that I had only one (1) hour to present my submissions. This was wrong…I required a full morning to so do. As it turned out, her demands did in fact cut off my submissions and force me to rush my entire submissions to her, as she intended to do.
I began by informing the Judge that the Crown lied to her when he stated that there were only four defences and her mindless repetition of same. I had spent weeks researching this issue and there was not only another defence available, there was another essential element required as well.
For anyone who has seen the video in this case, you can see that the ‘touching’ took about one second. Further, it can be seen that all three (3) security guards pushed forward into me to stop me from entering the building, thereby showing an intention to assault me, not the other way around.
Even if this was an assault, which is denied, this was so trivial it should never have been brought to court, and could not have happened unless the Crown Grabavac was politically motivated. There was simply no assault by me at all.
I provided dozens of case law from B.C. and all over Canada confirming that this defence of di minimus applied. Finally, half way through my submissions, the Judge finally had to admit that yes, this defence did apply, thereby admitted she gave me false information about available defences.
The next issue was whether it applied in the facts of this case. I then began to provide case law where people were actually injured, in a minor way from an assault yet the judges in those cases, still found the accused innocent because it was so trivial the charges should never have been brought to court.
Greg Smith, the poor he-man security guard, complained he had a small scratch on his fat abdomen. Ahhhhhh. And the sympathy in the courtroom was visibly absent! Mr. Smith admits he has been in court many times over 30 years. He knows that he is required to give evidence and to support his claims. He knows he is required to preserve evidence, and keep records. In this context, Mr. Smith, inter alia:
- filed no incident report with his superiors, Worker’s Compensation, or anyone else;
- did not tell anyone else of any alleged injuries he sustained, including other security guards;
- took no pictures of his abdomen as documentation, despite knowing he told the police to criminally charge me and this was likely to happen;
- could not say or describe how this alleged surface scratch occurred, it just happened;
- did not describe just what this scratch looked like and there is no evidence of bleeding;
- showed no display of pain on Mr. Smith’s face from the alleged scratch, as the videos confirm;
- did not at any time, pull his abdomen back as would be expected from any injury or scratch;
- lost no time from work as a result of any alleged incident and continued to work on that day; and,
- did not tell or show this alleged scratch to any police officer despite the fact that there were at least three of them in attendance at that time.
In short, it was pure fabricated, bald-faced and unsupported lies.
No one sustained any injuries, nor as I pointed out to the Judge, could anyone. I was standing less then three (3) feet away from these guards. I could not have mustered up enough speed in that little distance to injure anyone, especially as both my hands were holding a sheet of paper in front of me.
This case, with no injuries, was much less severe than many other cases where there were injuries and the charges were still thrown out as being too trivial. Even if Greg the Deceiver had a scratch, which is denied, it was less severe than some of the cases I put forward to the Judge.
The last point, was the essential elements of the offence. Assault under s. 265 of the Criminal Code is extremely broad and encompasses virtually any unwanted touching. Now clearly this could not have been the case or every parent disciplining their children would be up on assault charges, as would every push in a subway station.
I found a large number of cases ruling that there had to be “…anger, revengefulness, rudeness, or insolence, or at least some like behaviour to the touching performed before it can be said that there is the ‘force’ which completes the legal definition of assault”. “That offence is broadly constructed but also needs an element of aggressiveness to be complete.”There are many more cases out there than just these ones that I provided to the Judge.
Again, the Crown lied to the Judge who then just parroted the Crown and misrepresented the law to me. The Crown has to prove more than just unwanted touching, he has to prove some form of anger or hostility on my part, at the time of the incident. All the Crown could do was allege that I said something an hour after the incident that I hoped to see one security guard (not Greg Smith with the alleged abdomen cut) the following week. This of course, shows no anger or hostility on my part when the incident occurred, which fortunately thanks to Leo our cameraman, I have video evidence to confirm I was polite and respectful at all times.
We are back in court on Nov. 14 for ongoing final submissions on two other issues.
In May, I advanced a Charter challenge that banning me from the IH offices violated my s. 2 Charter freedoms. I agreed at that time to waive all Jordan (delay) rights, so that I would not raise any delay arguments to have the charges dismissed on that basis, to permit my Challenge to be heard. The Crown was visibly happy but still opposed my Challenge. The Judge to no surprise, said I should have filed it earlier and dismissed it without hearing it.
Now I have filed a Jordan application for delay as it is now 22 months since the charges were laid, and the SCC ruled 18 months is the max. The 18 month limit occurred about June 7, 2023. The Crown is going to falsely allege that I caused some of this delay to try and reduce the time of course.
Shortly after my submissions on Sept. 12, the Crown informed the Judge that he was now also applying to have me cited for contempt of court for allegedly failing to comply with a court order to file my submissions with the Crown prior to me receiving his submissions for final arguments.
This will also be argued on the 14th of Nov. I cannot at this time release my position of course, but I will after this hearing takes place. Some interesting surprises are going to happen at this hearing for sure.
That folks is where the falsified assault charges stand at present. This almost seems like something out of an American court case, where Conrad Black’s former lawyer Ed Greenspan once said about the U.S. court system, to paraphrase: They’re crazy down there. Well, to unfortunate surprise, they are crazy up here too…just in a more respectful manner.
Thank you for all your support, despite having two enemies in the courtroom – the Crown and the Judge!
See you November 14, 9:30 a.m. at the Kelowna Courthouse
Kelowna Petition to ban rallies
And the legal stupidity does not end there.
The City is trying to rush its case to be heard in the courts here in Kelowna. The original hearing was set for the week of August 28. But once the B.C. Supreme Court agreed that I had an arguable case with merit, the City’s council agreed to put this over to the week of October 10, 2023, at 9:45 a.m.
As part of my defence, I have filed a Constitutional Challenge, advancing that the RCMP have no jurisdiction in B.C. as only the provinces have jurisdiction over policing, and that the impugned Kelowna Bylaws that the City relies upon are unconstitutional as well, for a variety of reasons.
In addition, I have advanced the SLAPP defence (Strategic Lawsuit Against Public Participation.) This legislation was first passed in Ontario and is now here in B.C. Basically, it is designed to permit defendants (like me) to challenge claims made that are trying to shut down our freedom of expression, from wealthy or powerful people, corporations or governments, as is the situation in this case.
Once I file the actual Notice of Application to dismiss the Petition based on this SLAPP defence, all proceedings in the case come to an immediate halt. The City will have an opportunity to file its defence and supporting affidavits, which I have no doubt that they are presently working on. Then we are each allowed up to seven (7) hours to cross examine each other’s witnesses. At this time, I do not know who the City’s proposed witness(es) will be.
I expect to file my Application shortly and once filed, I will immediately post it on our website for everyone to keep updated on what is actually happening.
I have warned everyone of the dangers of this case if the City were to succeed. They will be used by every City in B.C. to stop all protest rallies, and using amplified sound. Try talking to 500-10 000 people without a sound system. It is not possible and it is an indirect way of the Governments to shut down public assemblies and protests.
This is the biggest attempt to control our freedom of speech and assembly in history.
Already, this past Thursday at the Vernon B.C. protest, Vernon Bylaw Officers were instructing organizers that they could not use sound equipment in the park and to take it down. You can see the dangers already as I predicted.
This is a massively important case that we need to be successful upon.
I will have more to report on this case once my Application is filed, which I continue to work on daily. Legal research is extremely time consuming, especially upon such important issues that involve so many areas of law, Constitutional, statutory, bylaws, and municipal law.
David’s Documents now up on the website! The document titled “Response” is the legal argument David has filed.
All City of Kelowna documents and pleadings are now placed on our website for public viewing: https://clearbc.org/city-of-kelowna/
The media has already confirmed to me that they were instructed by the Gov’t not to print anything contrary to the Gov’t COVID-19 narrative. If they deny us our freedom to protest where it is most effective, then other cities will follow likewise by banning our protests, and without any media assistance, the Gov’t will be free to do whatever it wants with no public exposure. Pure Communism. This is the most critical time in our struggle for freedom….right now.
NOTE:
The Crown has argued that the courts have required on this s. 11(b) Charter/Jordan hearing, that I am required to provide all transcripts of our hearings in support of it. Initial transcripts estimates were an amazing $12 000.00 for all hearing and trial dates, and about $4-5 000.00 if I can get by without the trial dates.
Putting aside the pure theft and selling of justice at this time, I am hoping that I can continue to lower these costs significantly. Fortunately, there are significantly less legal costs in this case then if I was required to have a lawyer, as is the case with the rallies. But there are costs for sure and we would be much grateful for any financial donations and assistance you can provide.
There will also be upcoming costs for production of transcripts from cross examinations in the Kelowna Rally case, and other legal costs as well.
Unfortunately, this case will have significant repercussions for every protest rally in British Columbia, and indeed, in Canada, as it is being heard in a superior court in this Province. This will be an incredibly complex case.
Donations would be very much appreciated as costs are now starting to come in.
E-transfers can be done to: clear2012@pm.me or cash donations can be mailed to: PO Box 21113 Cherry Lane Mall, Penticton BC V2A 8K8.
In freedom
David
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The Kelowna and Alberta Courts of Injustice
Pastor Artur Pawlowski
Recently on Sept. 18 Pastor Artur was required to face sentencing from a mischief charge for having a sermon in the Coutts area of Alberta.
The Crown was seeking 8-10 months in jail.
Judge Gordon Krinke in Lethbridge, determined that probation would not do any good because Pastor Artur does not believe he did anything wrong. Which is correct – he did not. Good for Pastor Artur for sticking to his beliefs.
What surprised me however, is that his lawyer also made a recommendation for incarceration in the sentence. Defence counsel sought time served. The Judge agreed to this and Pastor Artur was released the same day. I would have argued for no jail at all, and that the time served should never have happened. Had Pastor Artur been released on arrest, I doubt jail would have been ordered in this past sentencing hearing.
Everyone’s prayers were successfully answered that he did not have to spend any further time in jail for a crime he did not commit.
Fortunately, an appeal has already been filed in this case and let’s hope and pray he is successful in the Court of Queen’s Bench on his appeal. He should never have been convicted for simply giving a sermon and the Judge’s findings that because of the tone of his voice etc., that he intended to commit mischief, are pure political infestation into the judiciary. As is the case here in B.C.
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A class action lawsuit has been filed in Alta recently by Rebecca Ingram and Chris Scott, both small business owners. You will remember Rebecca Ingram was the person who just had the judge declare all COVID-19 orders in Alta unlawful simply because the Gov’t was telling the Health Minister what to do, contrary to statute.
Now she is part of a class action on behalf of small business owners against the Alta Gov’t for their losses during the COVID-19 false crisis.
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Our next protest/rally is set for:
Saturday
October 7, 2023
12:00 pm Stuart Park, Kelowna
Update:
We are planning to spend highway time again! October 21 2023, at Hwy 97 & Cooper St. If you have any sign or banner ideas, please send them immediately to:
To give us time to make up some signs on new issues such as digital ID and currencies, Gov’t control over supplements, and 15 min prison cities.
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As we warned in the past: It Ain’t Over
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See Cash is King Poster for businesses below!!
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Action4Canada
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.
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.
Learn more HERE.
4.45pm PST/7.45pm EST
Pre-Register Now for this Webinar |
Join us! Share this page and link with your friends and social media!
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Know Your Rights:
Guidelines for Peaceful Protesting/Gathering/Rallies and/or Attending Events (eg. Council Meetings, School Boards, Handing out Flyers)
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!
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Thank you to Bettina for all her dedication
and hard work on this vital topic
Contact us:
Geoengineeringfreecanada@proton.me
DONATIONS:
https://www.buymeacoffee.com/geoengineering
EVENT PAYMENT OPTION LINKS:
Etransfer:
Buy me a coffee:
https://www.buymeacoffee.com/geoengineering/e/138734
Event Brite:
JOIN THE COALITION FOR A GEOENGINEERING FREE CANADA
Contact Bettina
Email: geonegineeringfreecanada@proton.me
Geoengineering Free Canada | Facebook
This group is to educate people and try to put a stop to the geoengineering and poisonous chemtrails they spray in our skies.
https://www.facebook.com/groups/1780830142282917/?mibextid=6NoCDW
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Scientist admits the ‘overwhelming consensus’ on the climate change crisis is ‘manufactured’
https://nypost.com/2023/08/09/climate-scientist-admits-the-overwhelming-consensus-is-manufactured/
Thank you, Nadia for all your hard work and dedication to freedom!!!
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Subscribe now for freedom activities in the Kootenays!
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The original reason CLEAR was founded was to expose the fraudulent usury (interest) based banking system. You should obtain a copy of the short book, USURY by Hilaire Belloc, as was as Billions for the Bankers, Debts for the People by Joe Thaughberger. Understanding the fraudulent banking system is the fundamental key to opening up the knowledge of freedom.
Every single problem in societies the world over, is traceable back to the fraudulent money system.
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An incredible examination into the basis for our law.
Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.
- Frederick Bastiat
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.sjsu.edu/people/john.estill/courses/158-s15/The%20Law%20-%20Bastiat.pdf
This short 60 page book is a must read for anyone who truly believes in freedom.
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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
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Welcome to the
BC 15 Minute/Smart City Coalition
August 27, 2023
NEW! BC 15-Minute/Smart City Coalition
Click Subscribe Nowto receive our
NEW weekly newsletter which includes zoom mtg links, latest news & local actions
Don’t Miss Out On The Next BC -Wide 15-Minute/Smart City Coalition Online Meeting,
Open our newsletter to get the latest on BC Fires and 15 Min. Cites:
If you have difficulty opening the newsletter link, pause your VPN and try again.
Prepare for the meetings by watching 3 pre-requisite informational videos on 15-Minute cities.
15 Minute Smart Cities – The Pig Problem –Watch
Investigating Smart Cities –Part 1
Investigating Smart Cities –Part 2
Support CLEAR by putting more pressure on the City. Join Kelowna online meetings starting Monday Sept. 11th at 7:30-8:30 PM
Email: Kelowna15min@proton.meto join the Kelowna 15 Min. meetings or open the newsletter and scroll down to the zoom link in the Kelowna group section.
For more info. or to add your group to the BC 15-Min./Smart City Coalition, contact:BC15Min@proton.me
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Fundraising and
Donations
In the absence of rallies every Saturday, we don’t get the funding we used to that allowed us to print all the resources we provide at the CLEAR booth, as well as the inserts that go into the Druthers newspapers for our Sunday paper deliveries. Thanks to your past donations, we have delivered over 8000 copies of Druthers, plus various inserts, in Kelowna and W. Kelowna, with lots more to go!
Future protests are being strategically planned right now for City Hall, the courthouse, and other locations.
Many people believe that the COVID-19 issue is over – and it is not. Freedom is a multi-generational struggle, where we hope to leave a better place for our children. Other serious issues are lurking ominously in the near future that we will need to focus on: 15 min cities; legal actions; digital ID and digital currencies to start. These will require ongoing research and production of signs and materials for public education. The digital ID and currency issues are two of the most critical and going to involve significant amounts of education for people.
Please give generously by etransfer to: clear2012@pm.me or our endeavours
to educate the public we will not be able to educate people as effective as we are doing now. You can also mail cash (this remains safe) by Expresspost to: P.O. Box 21113 Cherry Lane Mall, Penticton, BC, V2A 8K8. Cash of course, would be the preferred method to protect everyone’s privacy.
These are unfortunately the only methods available right now to accept donations outside of the monthly rallies. Everything we do is on a volunteer basis and if you are not able to volunteer, your cash donation is what keeps the freedom wheel turning.
We do need volunteers to join our Fundraising Focus Group. If you are good at event planning and have some time to devote to organize regular fundraising occasions, please come see Linda at the CLEAR booth this Saturday or contact CLEAR.Linda@proton.me.
We need volunteers who are:
Proactive
Can work independently
Able to collaborate with others
Responsible and Dependable
Trustworthy
Enthusiastic
Result-Oriented
Committed
Motivated
If you possess these qualities and want to make a difference right now as a Freedom Activist, please add your name to the Volunteer List at the CLEAR booth this Saturday or contact CLEAR.Linda@proton.me to get more information.
Freedom requires time, energy or money. Thank you all for your help, in any form you are able to assist with. Everything you do for the sake of freedom is a seed planted. And although you may not see where it lands, trust that it will grow and bear fruit! Otherwise, why have the City, Province and Feds continually tried to shut us down?!! We are effective with one of the lowest vaccination rates in BC and Canada – thanks to YOU!
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Sunday Paper Deliveries
Next delivery day:
Oct 1, 2023
(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!
Every Sunday at 11:30 am
Oct 1, 2023
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
3 Simple Things Freedom Activists can do to WIN this War:
Spread the Word by delivering papers and flyers everywhere:
1 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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REMINDER
New Credit Card Fees & Lack of Privacy
It is starting – Use cash as much a