Join Heather and Tanya as they are joined by freedom fighter, David Lindsay, to talk about the Court of Appeal and the challenges they are facing in getting their cases before the court of appeal. David has been involved in freedom issues for over 30 years and is the author of several books, including The Annotated Criminal Charging Procedure in Canada. He is the co-founder of the Common Law Education and Rights, or CLEAR for short, and many of you will recognize him as a passionate freedom fighter. He has recently made available for purchase a 15-part webinar series entitled Common Law Made Clear. David also teaches about the Coronation Oath, which is the original and longest standing constitutional document that is crucial to restore our rights and freedoms.
00:00:00.000Well, the one principle for all lawyers seems to be what's called the adjournment game.
00:00:06.360And if it's not to their best interest to have a case heard, they will use a variety of techniques to make sure the hearing doesn't take place for an extended period of time.
00:00:19.940What's happening is the lawyers don't want it heard.
00:00:24.120So they're telling the court, I'm not available here.
00:02:14.840You're just such a delight to have on the show.
00:02:17.520I love it because you're so well-versed on so many different topics.
00:02:21.840And so here today, we're going to actually be talking about one of your favorite topics.
00:02:26.920But first, we're going to just do a little bit of an update again on the legal action with Action for Canada and Rocco.
00:02:36.640And so in the, well, it'll be on the weekly update.
00:02:40.680I encourage everybody that watches the actual show, please watch the weekly update as well,
00:02:44.620because I went into some detail on the website and brought up the information of the appeal that we filed last September
00:02:51.940in response to Judge Ross's decision, August 29th, that our case has merit.
00:02:57.520We have to file a shorter NOCC, which we'll be doing.
00:03:01.660And David, let's talk about what's going on with the courts.
00:03:04.960I know that you're experiencing yourself in these delays.
00:03:07.780We're experiencing and being able to get before the court of appeal in a timely manner.
00:03:14.260So explain to people what the process normally is when you do an appeal.
00:03:19.880Well, the one principle for all lawyers seems to be what's called the adjournment game.
00:03:24.560And if they can, if it's not to their best interest to have a case heard, they will use a variety of techniques to make sure the hearing doesn't take place for an extended period of time.
00:03:40.520And normally when you file an appeal at the court of appeal, what you need to file is, the first thing you need to file is your notice of appeal, of course.
00:03:48.340And then within 30 days, you have to file what's called an appeal record.
00:03:53.540And the appeal record will contain all the relevant documents from the lower court, any affidavits that were filed, any transcripts from people giving evidence in the lower court, any exhibits that were there, of course, any motions or applications in that trial and judgments and so on.
00:04:13.840All those documents go into one thing called an appeal record.
00:04:18.340Once that is done, then the moving party, the person that's made the appeal, it's called the appellant, they file what's called a factum.
00:04:31.700And the other party's got another 30 days for them to file their factum.
00:04:35.800And if there's more than one other party, they all have 30 days to file their written response factums.
00:04:41.040And then from there, the moving party usually sends a requisition or some form of instruction to the court and says, let's set it down to be heard.
00:04:50.640And normally that shouldn't take more than three, maybe four months tops, but usually around three months, somewhere in that area.
00:04:57.600And you get heard before a panel of three judges at the court of appeal.
00:05:03.680If the issue involved is extremely important, or it's clarifying another case in the past, sometimes you can apply to get five judges.
00:05:13.960But 99% of the time, you get three judges.
00:05:18.300And then it's set down for a hearing and everybody, all the lawyers in that show up and get their payday and so on.
00:07:01.780And there's a variety of techniques they'll try for that.
00:07:04.900If that doesn't work, then their second line of defense is to delay everything.
00:07:09.660Make sure it goes as long as possible so you ring up the cost for the other side in the hopes that they can't afford it and they eventually give up.
00:07:16.140Or if they do win, the time and effort wasn't worth it anyway.
00:07:20.200They'll be lucky to break even if they get that far.
00:07:23.240And the third thing that I added to that is I said, what the judges do now is they mischaracterize your arguments and your evidence.
00:07:32.820And if it all does get on the record, they will try and mischaracterize it in order to make sure you lose.
00:07:38.060So if I was to argue, hey, everybody, I'm arguing the sun is yellow.
00:07:43.080And they would say, Mr. Lindsay puts to the court that the sun is yellow.
00:07:47.580But what I really mean is, interpret him to mean is that the sun is beige.
00:07:57.620Right there is a lot of, you know, ideas as to what the courts do and what these lawyers are doing, too.
00:08:03.560And in your particular case, yeah, these lawyers are delaying it as long as possible by working with each other to say they're free, they're not free, and vice versa, to get it into the fall.
00:08:12.760And so that's why it's, yeah, that's why it's good to have this conversation, David, to let people know, because we got a little squawk mob out there, you know, who are trying to say that our case was fully dismissed and that there's no merit, and that we're not going anywhere and that we're wasting people's money.
00:08:28.860And they have no idea how hard we're working and how hard Rocco is working.
00:08:34.160You know, he is trying to assert himself with the courts and demand a date to be heard.
01:00:32.680Somebody's going to steal a bicycle out of your yard that doesn't give you the right to go and chop his head off, for example.
01:00:37.920So it's always been a test of reasonableness under common law, which means there has to be an underlying purpose and it has to be proportionate.
01:00:46.340But for what these people in power are doing, I don't know if I have an answer to that.
01:05:26.220And we've got some work to do, and I think we're going to come up in a force, as we are,
01:05:37.220and because we're getting the support of the people, we can tear this down.
01:05:41.220So, I just want people to have hope and take heart, but we need you involved. We need you actively involved.
01:05:47.220Okay. Our friend Dan Vashon has asked a question. It's that people keep saying the government works for us. Is that in fact true?
01:05:54.800I think in order to answer that, you need to look at their oath. Who is their oath to? Their oath is to the monarch. So, although you vote the men, you're voting the men for them to make your concerns known to the monarch. And that's constitutionally how it's working. And they are there to serve your interest to the monarch. And they have forgotten that. They don't do that.
01:06:24.800They don't say, hey, I've got 100,000 people. 99,000 are saying no. Therefore, I'm not voting for this. I'm recommending to the monarch not to put this statute into power and give it royal assent, and I'm voting against it. They don't do that. You could have 99,000 telling you to vote against it, and they will vote with their party, who happens to go along with it. That is a serious concern.
01:06:50.300So, to answer your question, look at the nature of the parliamentarians, the MPs and MLAs. They're there to aid and advise Her Majesty, and now His Majesty the King. And they're there to aid and advise the monarch with what your views are and the views of all their constituents, not what the party leader is telling them to do.
01:07:12.920Right. And it all, bottom line is, it comes down to the fact that they need to be upholding biblical principles.
01:07:22.200And so, you can pretty much bet that since Justin Trudeau came into office, what was one of the first things he did, my friends, is that he thought it was important to lower the age of anal sex from 18 to 16.
01:07:33.220Well, you know what? That's against biblical principles. So, that could be struck. And it's just a matter that we've got to get people into office.
01:07:42.500Bill C-16, allowing biological men into women and children's spaces. You know, that can be struck.
01:07:48.740Bill C-75, and lessening the crimes against sexual offenders. All of this needs to be overturned, according to the fact that Canada is 100% supposed to be governed by biblical principles.
01:08:00.280And that's why all those people that have beaten me up for years, we're a secular nation, Tanya, and we're a multicultural nation. It's like, you know what? You need to reconsider your position on that.
01:08:10.560Where have you known that, you know, a homosexual is safer in one of the 56 Islamic-majority countries?
01:08:18.260Take a look what's going on over there to Christians, non-Islamists, and to homosexuals.
01:08:23.500Take a look at how, you know, what their rights are in many countries around the world.
01:08:29.000And, you know, even atheists aren't safe in Islamic-majority countries.
01:08:34.160And so, people, I've been appealing to them. I'm hoping they're beginning to get it.
01:08:38.420That I'm not calling as much as I'd love for everybody to come to know the Lord and have, you know, eternity with Him.
01:08:44.120You know, if you're an atheist, you have free will and you're making that decision.
01:08:48.280But I'm just saying that by embracing the fact that we have godly principles, that gives you a much safer environment and much more peaceful environment that you would have an opportunity to live in than anywhere in the world.
01:09:01.140Okay, so, do we really need a monarchy at all?
01:09:06.980The Bible seems to warn against asking for a king, you had just mentioned that verse, and instead exhorts us to simply follow God's commands.
01:09:16.020I agree. But God did give them a king.
01:09:19.740And, ironically, even Christ is referred to from the lineage of the House of David, King David, all the way through to the New Testament as well, right?
01:09:29.760So, I think there's still a recognition by God.
01:09:33.500People wanted a king, and God kept His word and said, you'll have one.
01:09:37.020And He said, if your king violates our laws, you will suffer.
01:09:44.740So, I think it's also, it should be fundamentally easier to hold one man accountable than trying to hold 330 people in Parliament accountable to do what you want to vote.
01:09:56.780Because everybody's interest in the country are going to be different.
01:10:00.260So, if you have one leader who has limited powers, it, in law, should be easier to hold that person accountable than a whole government who says to you,
01:10:13.220we're going to give you your rights and freedoms, and we'll tell you what they are, and we'll decide in the future what they are.
01:10:19.020So, one person is easier to hold accountable than hundreds, and I believe it's much, much better.
01:10:25.520It's what's called a Republican monarchy, because the principles of God and so forth in that oath form part of the law that cannot be changed.
01:10:36.520And that's essentially what a republic like in the States is.
01:10:39.120They have laws that the government cannot change, period.
01:10:42.400They're there, and you cannot change them.
01:10:46.180It's a Republican form of monarchy, because being limited, the monarch does not have the power to remove God from the equation without breaking the law in the process of doing it as well.
01:10:57.060Okay, so there's a couple of similar questions coming in right now as well.
01:11:02.160One was, how can this oath be used legally by the average person, and then sort of into the next one?
01:11:09.220How can the coronation oath be enforced in our nation?
01:11:12.380Should the king be petitioned to bring justice to the ungodly laws and policies they keep passing that violate our principles?
01:11:19.460I was just going to talk about the governor general, but it says, does the governor general have to hear the plea of the people about this?
01:11:26.760I know that we've been talking about this for quite a number of years, right?
01:11:30.260And the governor general was always, you know, that block that's in the way of appealing to the monarch.
01:11:37.860Yeah, well, the governor general is put in place as the representative for the monarch here in Canada under the V&A Act, now the Constitution Act of 1867.
01:11:51.180And the powers of the governor general are limited by the powers, of course, of the monarch.
01:11:58.100You can't delegate to somebody more powers than you have.
01:12:03.680As a result, the governor general can only be accountable, or needs to be accountable as well to the people for when they're going to be giving that royal assent to legislation, sorry.
01:12:18.160So, with the monarch in place, I think I forgot part of that question.
01:13:18.600The other aspect of that is, and it's difficult for a majority of people, A, financially, and B, through knowledge.
01:13:31.320A lot of people have gone into court, and they don't know anything about court procedures.
01:13:38.720And they don't know anything about the nature of courts.
01:13:41.460For example, if you're charged with a provincial criminal code of defense or a provincial offense, and you go to court, and you want to say, hey, that statute's unconstitutional.
01:13:52.440It violates freedom of expression or whatever.
01:13:57.340The provincial court judge does not have the power to strike the legislation.
01:14:19.200And they get into court, and they're trying to get the judge to rule it unconstitutional, but the judge doesn't have the power to do it.
01:14:25.480And it's important to know how to present your case to the court on the oath, and how you're going to put your evidence and arguments to the court.
01:14:36.680It's something that's not for the faint of heart, because it is time-consuming, and it's something that you need somebody with legal experience to do it.
01:14:46.320You know, I called the Ontario Christian Lawyers Association a couple years back, and I said to them, I want to come out there, I want to meet with some of your board, and I want to show you where the supremacy of God really is in our Constitution, and see who I can talk to that will help take this to court if you want.
01:15:09.940And I said, I have the ability to do it, but I said, I personally don't have anything in the court at that time to go after.
01:15:18.360And they called me back a few days later, and they said, none of the lawyers want to have anything to do with it.
01:15:24.860And I said, what? They're Christians. Why would they not want to see the supremacy of God, where Section 1 of the Charter doesn't apply?
01:15:38.660I thought, this is a bunch of Christian lawyers who have sold themselves out, fear, whatever, or given in to something.
01:15:48.600But it's really, I mean, the law is there, and as long as you have that belief and knowledge, as you said earlier, knowledge is power, Tanya, and you have that knowledge, that will empower you to stand up against these people.
01:16:02.120And share that information with others, because going to court is not an option for most people.
01:16:48.240And you would win, in my opinion, if it was done correctly.
01:16:52.000But going to court on ambiguous cases, where it's kind of in, kind of out a little bit, or it doesn't totally apply, or there's other issues,
01:17:01.380we want to pick the strongest case possible, because if it's the strongest case, that will involve the least amount of evidence to prove it.
01:17:11.320And then you get in, and the law is already there to back us up, and I've got all the law on it.
01:17:15.340So then you would get in on that basis.
01:17:18.800Well, I think that moving forward, because I know we were going to, you know, apply some of this reasoning to the courts,
01:17:26.460but with King Charles coming in, we weren't sure if he was going to sign the oath, or what kind of changes he was going to make.
01:17:33.380But I think this is something that we're going to start to need to assert in the courts.
01:17:37.860And again, you know, we need to demand this justice, and to present it properly.
01:17:45.180It's just so unbelievable, the kind of things that are going on right now.
01:17:48.400And there's a law firm in British Columbia called Harrison Company, and they've become, you know, this pitbull law firm,
01:17:58.320this bullying law firm for the school districts.
01:18:02.240And so I'm just hearing about, I knew about this several months ago, but a gal had served a notice of liability,
01:18:09.840a SOGI notice of liability to the board in Vernon, British Columbia.
01:18:13.280And she was issued a no-trespass order.
01:18:16.560And this is not against the law to issue a notice of liability.
01:18:20.920It's just a document to say, to give somebody notice, to inform them that what they're doing is causing either harm or is illegal.
01:18:28.700And in most of the situations regarding the jab and what's going on with SOGI, it's both.
01:23:11.520Right. You know, I would imagine that what's going through my head is going through the viewers' heads as well,
01:23:17.240is that if we can't get Justin Trudeau removed with all the ethics violations and, you know, the criminality of his actions,
01:23:25.680how could we expect, you know, to get somebody removed at the civic level?
01:23:32.380And I think that's where it comes back to if it's a force of people that are coming together.
01:23:39.000Because as you know, I hope everybody's heard that there was, oh, just that horrible, was her name Ashby,
01:23:46.080or the school trustee in the Catholic School Board in Ontario who had made all those racist comments
01:23:53.080and derogatory comments about white people.
01:23:56.380And there was so much backlash that she resigned the other day.
01:24:01.100And that, to me, is as effective of trying to charge somebody.
01:24:05.900And, you know, we need to rightfully oppose these individuals because they are using their position to assert authority they don't have.
01:24:15.260And unless we bring them in to check with the backlash, they didn't sign up to become a school board trustee or councillor, you know, for all of this opposition.
01:24:25.760They want their cushy job and to get their paycheck and obviously to assert their agenda.
01:24:32.740And we do have the power to, you know, disrupt that.
01:24:37.600And I know just in closing, because I think we need to close, this has been a long session,
01:24:42.560is that people have asked about the laying of private information, which we were going so hard on starting a year and a half ago all the way into last year.
01:24:52.260And we're still pursuing that, but we're not promoting it as actively because the courts, the judges, I'm sorry to say this out loud,
01:25:01.200I'm going to say it, are spineless and we have solid cases in showing that an employer has committed extortion and intimidation and they're adjourning the cases.
01:27:44.820And that's one of the things that I want to bring before the court at some time, sometime when I, as soon as I can get away from all the other legal stuff that they've swamped me with, is to get an order from the court that if the Crown is going to stay charges, they need to give legal detailed reasons, number one.
01:27:59.060And number two, they should not be able to stay charges before you get the evidence on the record.
01:31:54.480And I was just going to ask Terenzio, could you please bring up David's website?
01:32:00.780And this is David's book that we're talking about, The Annotated Criminal Charging Procedure in Canada.
01:32:06.880David has written one of the only books in Canada on how to lay criminal charges against another individual without going through the police, straight to the Crown.
01:34:25.480So, there's a lot at risk, not just for us, but for every single person who has been at protests or rallies or street marches anywhere in B.C.
01:34:32.800And once it's here, they will start moving into other provinces.
01:34:36.100So, it will eventually affect everyone in Canada.
01:34:38.420And once they've taken away the ability to protest on the street, and as one media guy here told me,
01:34:44.800they were called by the B.C. government and said that nobody against COVID could get a platform in their media.
01:34:50.140So, they've taken away our ability to talk in the media.
01:34:53.140Then they're going to try and take away to talk on the streets.
01:34:55.720And then when they start taking rights and freedoms away, there'll be nobody to protest because they won't allow you on the streets to do it and get public visibility.
01:35:02.660So, this is going to be a critical, critical case that's going to affect everyone in B.C. and eventually probably everyone in Canada.
01:36:11.040Well, next week, as I mentioned, Dr. Anne Gillies will be joining us again, and she is going to be talking about the dangers of affirming gender dysphoria in children.
01:36:21.520We already have a good idea of that, but Anne has also a new book coming out.
01:36:43.600We're going to be exposing this, and we're going to really, is it a school board, or is this a fascist dictatorship going on in our school boards right now?
01:36:52.940And I think we need to take this kind of business seriously.
01:36:57.880And then, again, if you just want to bring up the Bible verses, I'm not going to go deep into this.
01:37:03.840I'm going to encourage you each to go and read this section of Scripture, and it talks about the Ten Commandments.
01:37:14.160Google the Ten Commandments and read them.
01:37:16.060And as I encouraged in the weekly update, I'm going to reiterate here, God's laws, those Ten Commandments, those principles from what we are to live by, are good, honest, upright, moral principles and values.
01:37:31.060And when communities and countries are living by godly principles, they prosper.
01:37:37.880When families know that a marriage is forever and children and neighborhoods prosper, it's advantageous.
01:37:53.500All right, and the second one, Trenzio, again, I'm going to just mention again in Deuteronomy 28.15 that it's in Deuteronomy, oh, what was the last one?
01:38:15.640And so now we're in Deuteronomy 28.15 and 16, and it just really talks about that, you know, when we don't honor God's laws, He loves us so much.
01:38:25.800But just so you love your children, just compare that.
01:38:29.640Make that comparison for those of you who have raised children.
01:38:33.300You love them, so you discipline them.
01:38:37.820And eventually they move out and they have free will.
01:38:40.720And the Bible says, teach them in the way they should go so that when they get old, they won't depart from it.
01:38:46.280Some of them, you know, they go through that season of rebellion.
01:38:50.260And that's for many just a normal way of, you know, becoming their own person.
01:38:56.080But if they were to continue that and completely in their free will remove themselves from God, then God sits back and He waits.
01:39:02.640He loves them, but He allows them their free will to make their decisions as He does with each one of us.
01:39:07.520But He loves us so much, He wants us to abide by His rules.
01:39:12.300And as you, as a good parent, would have consequences for your kids stepping out, because you want them to be good human beings and not end up in jail, God has consequences for us too.
01:39:22.220And Deuteronomy says that these decrees I am giving you today, you know, that all these curses will come upon you and overtake you if we don't listen to what God has to say.
01:39:31.280And we are suffering those consequences in this nation.
01:39:34.660So we need to get on our knees and we need to pray and we need to do our part to bring justice, righteousness, and godliness back into Canada.
01:39:41.860All right. Thank you. I'm going to look forward to seeing you all next week.