{"id":8960,"date":"2023-08-25T08:46:17","date_gmt":"2023-08-25T12:46:17","guid":{"rendered":"http:\/\/cafe.nfshost.com\/?p=8960"},"modified":"2023-08-25T08:46:17","modified_gmt":"2023-08-25T12:46:17","slug":"c-l-e-a-r-updates-david-lindsay-legal-news-other-freedom-issues-for-the-okanagan","status":"publish","type":"post","link":"https:\/\/cafe.nfshost.com\/?p=8960","title":{"rendered":"C.L.E.A.R. Updates, David Lindsay Legal News & Other Freedom Issues for the Okanagan"},"content":{"rendered":"\n
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\"🔴\" CLEAR Updates, Legal news and Events<\/h2>\n\n\n\n

ExternalInbox<\/p>\n\n\n\n

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to me \"\"<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n
If this email is not displaying properly please<\/strong>
click here to read in browser<\/strong><\/a> \"\"<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Please forward<\/h2>\n\n\n\n

\u201cIt Ain\u2019t Over\u201d<\/strong><\/em><\/p>\n\n\n\n

Where have all the men gone?<\/strong><\/p>\n\n\n\n

\u201cWe can easily forgive a child who is afraid of the dark; the real tragedy of life is when men are afraid of the light<\/strong><\/em>.\u201d<\/strong><\/p>\n\n\n\n

Plato<\/strong><\/p>\n\n\n\n

————————————–<\/strong><\/p>\n\n\n\n

Falsified assault charge<\/strong><\/p>\n\n\n\n

Kelowna Courthouse<\/strong><\/p>\n\n\n\n

R v David Lindsay<\/strong><\/em> s. 266 <\/strong>Criminal Code<\/strong><\/em> Assault<\/strong><\/p>\n\n\n\n

Court trial update:<\/strong><\/em><\/p>\n\n\n\n

Two days for final submissions were originally set for Dec. 13, 14, 2023. Apparently, the judge was not happy with this and forced a short hearing two weeks ago. At this hearing, she insisted upon a hearing date before then. This date has now been set for Sept. 12, 2023.<\/strong><\/p>\n\n\n\n

Further, she demanded that I provide all my submissions in writing to the Crown prior to that date. That is not going to happen.<\/p>\n\n\n\n

Had a hearing taken place as schedule on Dec. 13, I would have simply showed up with my submissions.<\/p>\n\n\n\n

I am not going to give my defence to the Crown months or even weeks in advance for Mr. Grabavac to start e-mailing every prosecutor in the country for Crown responses and help. That is neither fair nor just to me.<\/p>\n\n\n\n

Meanwhile, the Attorney General filed her Motion to Strike my RCMP challenge and served me on Friday morning with it. Her claim is that it is moot (ie: the reason for it no longer exists) or would have no impact on the trial.<\/p>\n\n\n\n

The Crown is dependent in my case upon all law enforcement by the RCMP, including investigation, interrogation of witnesses, and Crown Report. If the RCMP have no jurisdiction, because policing is a Provincial matter under s. 92 of the Constitution Act<\/em> 1867, then all evidence obtained was obtained without jurisdiction to so do, and must be thrown out. Once that happens, the Crown has no evidence to rely upon, not that it has any to begin with.<\/p>\n\n\n\n

The informant was an RCMP officer. The Crown is trying to claim that under s. 504 of the Criminal Code<\/em> anyone can lay an information. That is true\u2026but the informant did not lay the Information as a member of the public or \u2018anyone\u2019, he laid it in the capacity or as the person of an RCMP officer. Being so, again, once determined that the RCMP have no jurisdiction in B.C. then the Informant also had no power to lay the Information against me in that capacity.<\/p>\n\n\n\n

Although a Provincial Court cannot strike down legislation, if the judge finds it to be unconstitutional, they simply cannot apply it pursuant to s. 52 of the Constitution Act<\/em> 1982.<\/p>\n\n\n\n

Thank you for all your support, despite having two enemies in the courtroom \u2013 the Crown and the Judge!<\/p>\n\n\n\n

See you Sept. 12 9:30 a.m.!<\/strong><\/p>\n\n\n\n

In freedom<\/p>\n\n\n\n


David<\/p>\n\n\n\n

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Update<\/strong><\/u><\/em> — Petition to ban Kelowna Protest\/Rallies<\/strong><\/em><\/p>\n\n\n\n

David\u2019s Documents now up on the website! The document titled \u201cResponse\u201d is the legal argument David has filed.<\/strong><\/em><\/p>\n\n\n\n

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David<\/a><\/blockquote>