On this episode of The Empower Hour, we are joined by Freedom Fighter and Author, David Lindsay, to discuss his ongoing battle with the BC government and the City of Kelowna. David has been a long-time supporter of Action for Canada and has been involved in freedom issues for over 30 years. He is the co-founder of CLEAR, which stands for Common Law Education and Rights, and many will recognize him as a passionate freedom fighter. David is the author of several books, including The Annotated Criminal Charging Procedure in Canada, and has created a 15-part webinar series entitled Common Law Made Clear, which is available for purchase. He has a great knowledge of the Constitution and the Charter of Rights and Freedoms, as well as the Coronation Oath, the original and longest-standing constitutional document that is essential to restore our rights and freedoms.
00:28:38.480The Emergencies Act and various other actions were taken,
00:28:40.940and now what they're doing is they're using city bylaws to come after people.
00:28:45.740In my case, they've provided $60,000 in fines against me for our weekly protests.
00:28:54.460On one hand, they say, yeah, you can have a protest, but you can't do it effectively.
00:28:59.000You can't use sound equipment without our permission.
00:29:01.100You can't put up a canopy without our permission.
00:29:03.100You can't put a sign on the ground without our permission.
00:29:05.260All you can do is sit there and look at each other, is what they're saying.
00:29:08.660So it's been a struggle over the last few years on these legal actions and what they've done.
00:29:18.160One of the ones they've applied for here in Kelowna is to get an injunction prohibiting me from having our rallies unless we get a permit
00:29:29.600and to get the RCMP to enforce it and hand out copies of the orders to everybody who goes to a public park in the downtown core of Kelowna,
00:30:22.680And every other second week, we get public visibility on the highway, which is awesome.
00:30:29.740But they are absolutely attacking me in this case to try and ban them.
00:30:37.900All our legal documents that have been filed are on our website, clearbc.org.
00:30:44.560And you can go on to our, just go under the legal tab, and you'll see all the documents that the city has filed and all the documents I have filed in response.
00:30:56.160And it's interesting because for the first time, about a month and a half ago, during cross-examination,
00:31:02.580the city official, Kevin Mead, admitted that if they lose this case, they are going to look at revisiting the bylaws.
00:31:12.240This is the first admission by the city that they are worried now.
00:31:16.420This has got beyond what they ever expected, and they're going to lose.
00:31:19.640They thought by filing a petition with affidavits, it would just get heard in court, and that would be it, and it would be over in a few months.
00:31:28.740And they got my response, and they realized that wasn't going to happen.
00:31:33.240It took a lot of work, took four months to file a response, and now what I've done is filed a SLAP application,
00:31:44.440Strategic Lawsuit Against Public Participation, to strike their petition to ban us.
00:31:50.660Because the only reason they want to ban us is to get rid of us and not have us speaking in public.
00:31:55.260The bylaws are just a means to an end.
00:32:00.080The end is they just simply want to get rid of us, right?
00:32:03.920So that application was supposed to be heard February 20th, but they couldn't find a judge in Kona to hear it for three days.
00:32:11.640So it's been put over until the week of June the 17th, and they'll call me on the Friday before and tell me what specific date.
00:32:20.180This is going to be one of the most important cases on freedom of expression in Canada.
00:32:24.300If they can force you to get a license from the city or municipality in order to have public protests, you'll never get them.
00:32:33.640They will not only charge fees, Kona does, they'll charge fees.
00:32:38.140They will require you to give two months notice, as they do in Kona, and they'll have other conditions so that you won't even be able to have impromptu protests.
00:32:48.240If something happens today, you want to get out tomorrow, you won't be able to do it because it takes a month or two to get permission from the city to do your protest, wherever you're going to have it.
00:32:58.380So the implications are absolutely astounding on freedom of expression.
00:33:03.980They've come after me basically because in their position, I've been the person, the guy responsible for having all the rallies in Kona for now four years.
00:33:15.060And so they've definitely, they've definitely hit after me.
00:33:19.500I'm grateful we have one of our people that have come to our rallies has now got his name on the list on the style of cause.
00:33:29.600So he'll be joining us as well in the case because it affects basically everybody in Kona and they will use it as a precedent to go after everybody else in the province.
00:33:38.600And then by extension, they will try and go after everybody else in Canada to say, hey, if you want to do this, you need a permit.
00:35:18.500And they just knew that if anything had happened, it was so trivial, it just didn't even warrant going after.
00:35:26.980So they knew from the beginning that there was nothing there.
00:35:30.780And despite that, they have gone and laid two charges of assault against me.
00:35:35.920And the way that they use the criminal system to stifle freedom of expression is varied.
00:35:44.180They get you on bail conditions, which is, I'll talk about that in a sec, they tried to do on me.
00:35:49.940So they'd want you on bail so you can't communicate or do anything.
00:35:53.680Or they'll keep you on probation for years to affect the same result so you can't talk or do anything with people.
00:36:00.080They will restrict locations you can go to and people you can talk to and what you can do to silence you.
00:36:10.680Or they'll simply keep you in jail so that you can't talk in the hopes that your support group will break down if they feel their leader or somebody is going to go after them or is taken out of the picture, I should say.
00:36:26.400And in my case, what we did is we were having protests at Interior Health in Kelowna downtown, their main office for the Interior.
00:36:38.100Sue Pollock, Dr. Sue Pollock, issued a mask order for the whole Interior.
00:37:28.360And Greg Smith, the head security for the building for Interior Health, physically assaulted Leo and pushed him out of the building and told him he couldn't be in there.
00:37:39.040Once I finished talking to the reception, basically, I walked out of the building.
00:37:48.620I'll show you the video in a few seconds.
00:37:51.180And at that time, it was interesting because none of the receptionists were wearing masks.
00:37:58.500The security guards had masks on, but none of the receptionists did, which I found very interesting because there was a mask order in place from their boss three or four stories above them.
00:38:45.120And I specifically said that was not the case.
00:38:47.400We had a right of access to the building.
00:38:50.740And I should pause for a second to note that these government buildings, whether they're owned by the government or at least in this case by Interior Health, is irrelevant.
00:39:03.760And if you're there in a government building that's open to the public, they cannot ban you arbitrarily.
00:39:13.020They have to have a reason to ban you or to not let you in the building.
00:39:17.400In the 1950s, a case went to the Supreme Court of Canada from Quebec called Ron Corelli versus Du Plessis.
00:39:26.060And the Supreme Court of Canada was very clear.
00:39:28.560Government officials, and this was a municipal mayor as well, I believe that was involved,
00:39:33.920cannot arbitrarily make decisions to take away your right of access, your rights under their bylaws and so on that you have.
00:39:40.940They have to have a reason for doing it.
00:39:45.300So when Greg Smith told the police that I had been banned, he didn't have a reason for it.
00:39:52.180He just didn't want me back in the building.
00:39:53.780So we had discussions over whether it was a right of access or a privilege.
00:39:58.960Three security guards blocked my entrance as I attempted to exercise my right of access to talk to reception about having an official come down and answer our questions on their mask.
00:40:10.700As you'll see in the video, they used their upper torso to block me from my right of access.
00:40:19.000And interestingly, under cross-examination, the one witness on the far right, his name is Taz Smith.
00:40:25.540He admitted that if it wasn't for Greg Smith's order banning me, they had to let me in the building.
00:40:33.500And consequently, my goal was to show that, of course, there was nothing to ban me with.
00:40:39.940And I'm grateful to Leo that I got it all on video, everything from my whole time that I was in the building then, which was only a couple of minutes.
00:40:49.520Greg Smith, the interior health officer, admitted the Charter of Rights and Freedoms applies to him and his actions.
00:41:19.880My voice was, as I'm talking right now, it was calm, cool, and collective the whole time.
00:41:24.580And we were under basically a peaceful protest, which everybody recognized at that time.
00:41:32.800And again, the streets are open to the public for protests, as the Supreme Court of Canada has repeatedly held.
00:41:38.680Now, some government or some judges on the Supreme Court of Canada have held that government property is held in trust for the people.
00:41:49.740Other judges, like McLaughlin, have held that it's similar to private property, that they own it and they can determine what they do with that property.
00:42:00.460But they're still bound by the charter either way, the court ruled.
00:42:08.380They can't do search and seizure without reasonable probable grounds if you're going in the building.
00:42:12.800And they cannot prohibit you from coming in if you haven't done anything wrong.
00:42:19.060At this point, Terengio, can I play those two videos from August the 11th and the 19th of me being in the building and then the incident with the security guards, please?
00:42:33.600This is August the 11th with me going in the building and talk to reception.
00:46:17.380So that is what they have spent two and a half years and tens of thousands of dollars or more to prosecute me on for allegedly committing an assault.
00:46:32.080They, security, prohibited me from my right of access.
00:46:37.220And it's similar if you went to go into a store and a security guard came up and physically pushed you out.
00:47:23.480And it's a slap in the face to the crown by saying, why are you bringing such stupid things to the court?
00:47:28.760I had family law cases where a husband assaulted their wife in the home and the case was thrown out because the judge said the assault was pretty minimal and it did not warrant a criminal conviction.
00:47:44.540In my case, the judge would not accept those 40 cases because she believed that the public interest required a conviction because we were in a constitutionally protected protest and it could have got out of hand and a riot could have taken place.
00:48:03.640You can see the people in the video, everybody's calm, nobody's violent, all we have are signs, nobody's doing anything.
00:48:14.540There was no evidence on the record of any threats of anything that would allow anyone to support a conclusion that the public interest required a conviction because people, there was a risk that people were going to get mad and storm the doors if they didn't let me in.
00:48:43.480I'd ask questions, the crown would stand up and answer them because the judge didn't know what the heck she was doing, but she was ordered to convict at any cost.
00:48:50.660Now, now that you've seen exactly what it's looked like, let me take you just for a few minutes on what happened in the court process.
00:49:00.200The charge was laid, authorized to be laid by David Grabovich, who's the crown persecutor, on December the 8th of 2021.
00:49:08.520And he had a miscommunication with his informant.
00:49:11.680He wanted what was called an endorsed warrant.
00:49:15.320And that means once they arrested me, they had to bring me before a judge, and a judge would determine what terms and conditions I would get released upon after hearing the crown submissions.
00:49:29.620But there was a miscommunication and an unendorsed warrant was issued, which means the police had the power to release me immediately upon arrest.
00:49:40.840Two days later, when David Grabovich realized what happened, he did a secret meeting with the court to try and get that changed.
00:49:53.680And the judge refused to do that and claimed she couldn't go back and change the order.
00:49:59.540But during this hearing, the secret in-court hearing, by the way, it was really interesting what Grabovich said to the judge.
00:50:09.660He was trying to get me banned from all schools and parks in the city of Kelowna.
00:50:16.360Keep in mind, this was in August of 2021 that it happened.
00:50:20.360This was December of 2021 when the charge was laid.
00:50:23.840And it was three months later, actually two months later, when the truckers convoy started.
00:50:29.320So if I had been banned, as Grabovich wanted throughout the entire city, all are massive.
00:50:37.520We had 2,000 people on Saturdays and Sarah had their convoys from the resistance.
00:50:42.340All of that likely would never have taken place to bring that to the public attention if he had got this order.
00:50:48.380So I praise God that they were protecting me and he never got what he wanted.
00:50:53.600But he did tell the judge a couple of things.
00:50:57.240He says, number one, Mr. Lindsay was involved in a heated protest, COVID protest.
00:51:02.420Well, as you can see from that, those two videos alone, it wasn't a heated protest.
00:51:15.000There was no heated element to it at all.
00:51:16.840And then he further goes on to state to the judge, the Crown is seeking other no-go conditions that have no, and then he stops himself, that are less related to Interior Health than this.
00:51:31.100So he was going to say that have no relationship to this charge, but he cut himself off.
00:51:39.120He got enough on the record to people could see what his intentions were.
00:51:43.260And then he says they were also going to ban – they wanted an order that I could not go to any school district and also not to attend any parks.
00:51:51.320And he says that's a little bit extensive from where the offense took place.
00:51:56.720That was at an Interior Health building downtown in Kelowna on Doyle.
00:52:01.180And why would he ban me from every park in the city?
00:52:06.360And what relevance does the school have?
00:52:08.560Well, the school has relevance because we were having rallies in front of the schools handing out flyers on the mask issue as well.
00:52:16.380So this was an attempt not for legitimate public safety concerns, but for political purposes to shut me up and in the hopes that once I couldn't do anything, the rallies would just go away and they'd be out of their hair.
00:52:30.280But that's what the Crown was trying right from the minute the charge was laid.
00:52:36.160These prosecutors – remember the SNC-Lavalin affair when Trudeau got involved and was trying to get Judy – Minister Attorney General Rudy – Judy Raybold to stay the charges on SNC-Lavalin.
00:52:50.800They're not supposed to interfere with the AG, and yet that's exactly what's happening here.
00:52:55.220The government has taken over the Attorney General's department, and they're prosecuting this case specifically to get me in jail and to have me silenced.
00:53:06.880In this particular case, after watching that video, I'll tell you what the Crown wants for sentencing, which is on April the 12th of this year.
00:53:16.660The sentencing hearing will take place that day.
00:53:19.980The judge will likely give a decision that afternoon, but she could reserve.
00:53:25.100I think the decision is made in the back doors, and I will hope to change their minds.
00:53:32.660But the date is April the 12th in Kelowna at 9.30 in the morning.
00:53:36.540And they want two years in jail, three years probation, unspecified terms.
00:53:44.460They want a weapons ban, and they want a DNA sample.
00:53:49.420Folks, you've got people that have committed far-serious, aggravated assaults with weapons and so on that have never had that all across Canada.
00:56:15.900In Magna Carta, which is part of our common law and our statutory law that's binding, it says to no one will we sell, deny or delay right or justice.
00:56:25.520You cannot sell your right of appeal or you cannot sell justice to correct errors.
00:57:49.740The politics involved in this case is astounding.
00:57:52.960And I want to finally mention in closing that underscoring all of this is their desire to cancel freedom of expression,
00:58:07.380especially for people who are opposing the government on Christian principles.
00:58:13.660They are attacking us everywhere in the country, and they're using every means possible to do so.
00:58:21.420Pretty soon, if it doesn't stop, they will criminalize being a Christian, period, if it gets to that point.
00:58:29.340All our rallies have started with an opening prayer by our lovely Maria, and they have focused at the very beginning.
00:58:37.640I've told everybody who I am at our rallies and the supremacy of God in our coronation note, where it comes from.
00:58:43.160So, they know everything that we're doing is based on God's law that they swore to protect.
00:58:49.620And they're hoping by getting me out of the picture that it will scare people, or people will say, we don't want to be associated with that guy.
00:59:02.260And I really want to emphasize for everybody, you need to stand by, not just me, but you need to stand by everybody who's been charged in support of our freedom issues.
00:59:15.940Because if you don't, they will come after all of us one day.
00:59:21.720And it's critical that all of us get support in whatever way is possible right across Canada.
00:59:28.240And these people in the government have just, I don't know what, well, they're obviously under control by a power other than God.
00:59:40.880And it's something that we need to stand firm in our beliefs, and we need to make sure we do not get the chip, whether it's under the skin, whether it's a micro, the digital currency, digital ID, yep, anything.
00:59:59.740It could be done in a variety of manner, but we need to make sure that we have our freedom of expression and keep it open.
01:00:07.420Because if you can't complain, then what else can you do if you can't speak?
01:00:15.460And that's what they're trying to do to me right now is completely to shut everything down that we're talking about.
01:01:11.380And there's a lot of people out there in Canada who do have courage.
01:01:14.980And if they take away these freedoms of expression, including taking away the section of the criminal code for using Christian religion to oppose what's going on with SOGI and everything,
01:01:27.200there can be a lot of people, a lot of people in Canada that are going to go to jail very soon if this gets through.
01:01:33.380And Tanya, I really do believe that the only solution to that type of legislation lies in the coronation oath.
01:01:44.700I know that it would be hard to put that in 10 minutes.
01:01:48.000And you really needed to have a voice on a bigger scale so that more Canadians could hear what's going on in just little old Kelowna here in British Columbia.
01:01:58.300And as you mentioned, Randy Hilliard is going through that.
01:02:02.140We've seen David Menzies and the trumped up charges of abuse that they've tried to press against him.
01:02:08.920And in my weekly news update that just for everybody, the Empower Hour, anybody that came late, the Empower Hour now starts if you're coming live at 4.30 p.m. PST.
01:02:19.860And the weekly news update will come after the show.
01:02:22.840And I have in the Toronto, before the mayor and city council, the Islamists, the Hamas supporters came storming in there, disrupted it, have made threats and demanding that the mayor and council comply to them and take steps against Israel, etc.
01:02:46.400And they were police in the building and not one of them got taken away.
01:02:49.540And, you know, we're hearing all about diversity, equity and inclusion and Black Lives Matter and all the rest of this garbage that's divided this country.
01:02:59.000And I've always said, God doesn't know the color of our skins.
01:03:01.840And then they're bringing in from the other side, you know, the so-called white colonialism.
01:03:06.440Well, I got to tell you, I'd sure prefer to live under European law based on Judeo-Christian beliefs, biblical beliefs, than what I'm seeing come out of Islam.
01:03:19.540And what I'm seeing out of coming out of communism and socialism and Marxism, because those are the individuals that are in government right now.
01:03:31.460And you and I, we've noticed that in the last four years, almost since we've met, that more and more Canadians are speaking out and on board.
01:03:40.140And there's a warning for anybody who's a coward, even those who are in a position of authority who could do something and are choosing not to.
01:03:47.780You spoke about the Bible and that this is a Christian nation.
01:04:01.180And you can see throughout the last four years of this assault against Canadians, who those cowards were and why you need to be courageous.
01:04:13.280If there were more courageous people four years ago, we wouldn't be in this situation.
01:04:17.500And so, David, we're very, very grateful for the stand that you've taken.
01:04:21.580And we're so grateful for your 30 years.
01:04:24.300You're not a lawyer, but your 30 years of studying the law so that you could not only defend yourself, but others.
01:04:32.380And so we're going to be praying for you come April 12th.
01:04:35.520Anybody in the area, even if you have to drive a couple of hours, please go to Kelowna in the courts and support David.
01:04:42.880And then as well, David, we're going to have in the description of this video, but also we've been posting it in the chat.
01:04:50.360You mentioned the cost of this transcripts.
01:05:48.280If somebody wants to send cash by express post to register mail, we've never had a problem ever.
01:05:55.420As long as it goes register mail and they can track it.
01:05:57.960So I'll just quickly put that in here as well.
01:06:01.500A friend of mine mentioned years ago, he said, if you believe in freedom, there's three things that you can do.
01:06:11.300Time, energy or money, but do something.
01:06:14.820And that needs to apply to everybody in Canada.
01:06:17.100Not everybody has money, but they have time, they have skills, they have qualities that can help do a lot of good freedom work.
01:06:24.020And as long as, well, you can see it already, what's happening, the town halls, everything that's happening is people by the thousands now are getting together across Canada.
01:06:35.940And it just, the interest has exploded, absolutely exploded where people are now finally, you know, doing something.
01:06:44.660And, you know, somebody mentioned in the chat about taking the oath to get into the Canadian forces.
01:06:50.140And it's interesting because when I was at the trucker's convoy, I was face to face with the guards.
01:06:58.960And I was literally telling them to their face, your oath is not to Trudeau.
01:07:08.100And you need to remember, all police officers need to remember, that oath to uphold the law is to the monarch, not the prime minister or the government.
01:07:16.320And hopefully more of them will remember that in the future.
01:07:21.500Well, I've always said as well, David, for years and years and years, I've always appealed to the police and the military, because I've said it's those officers, those ones who have taken that oath, are the ones that stand for the people rather than a corrupt government.
01:07:35.900And that's the difference between falling into tyranny or not, and oppression.
01:07:42.580I know a police officer through a family member, and she says, like, she's just so done.
01:07:49.200But at the same time, we need them to hold the line.
01:07:51.540We need you there with your badge on, because the time is coming.
01:07:55.380I truly believe that this is going to turn over.
01:07:58.200And on, I think it's April 10th, I'm having Lisa Robinson, Councillor Lisa Robinson on the show from Pickering, Ontario, and she's on the other side of this battle from you.
01:08:10.300She's actually a sitting councillor up against an incredibly corrupt mayor, just a nasty, lousy individual who lacks integrity, is so rude.
01:08:20.700And she is exposing their plans for 15-minute cities, their surveillance cities, I should call it.
01:08:27.940She's exposing the corruption in alignment with the radical trans activists and any other kind of ideology.
01:08:36.940So many different things that she's putting on the table and just asking.
01:08:40.500She's so professional the way she does it, and she's just getting hammered.
01:08:44.220And so we want to give her a voice and have her story out there.
01:08:47.200We also know of the mayor from, is it called Chester, Chestermere in Alberta, Jeff Colvin.
01:08:55.060I'm going to look to have him on as well.
01:08:57.100He's exposing an incredible amount of corruption.
01:09:00.080And I honestly believe this is the shot across the bow.
01:09:04.280And as we've been doing at, you know, how shall I say, school boards and trustees,
01:09:10.880we've been warning them in their support of this pedophile agenda and sexualizing, grooming and indoctrinating our children.
01:11:04.320And one of them is to basically emasculate men and elevate women, get them out of the homes so our children are forced into the schools and into the hand of the government.
01:11:15.080So they have spent years through media, through television, through Hollywood, emasculating men.
01:11:22.620And now they're trying to take our guns away so we can't even defend ourselves.
01:11:27.460But I was talking to Rocco, and I want to make it very clear to people, it isn't just the states that have the, their constitution behind them and the amended right, the right to bear arms.
01:11:39.000He gave parts of the constitution on Canadians' right to bear arms.
01:11:45.100With the mass immigration and the other corruption, and now what we're talking about, bills that are being passed that are against the coronation oath,
01:11:54.180that I say is that buried treasure that you brought to my awareness that needs to be resurrected,
01:11:59.140because everything is in there, David, that what Trudeau is doing, what David Eby is doing,
01:12:04.840what all governments that are anti-Canadian and pro-communism are doing is against our constitution and therefore against our laws.
01:13:40.720The only restriction is be peaceful and don't interfere with others.
01:13:44.260And so protest is absolutely critical.
01:13:49.040And I guess, you know, it leads to an interesting point that somebody said a while back.
01:13:55.420If these people, like the only power MPs have is to aid and advise the governor general.
01:14:01.500If they're aiding, advising the governor general to give royal assent to these laws that violate God's laws in the Bible,
01:14:08.160then the governor general, on behalf of the monarch, is required to tell them to stop.
01:14:14.260And say, no, I'm not giving you royal assent.
01:14:17.300And if they continue, then the monarch has the power to get rid of these MPs and dissolve parliament.
01:14:26.580And if that doesn't work, then the monarch has the power to call in the armed forces and get the armed forces to go into parliament and remove them.
01:14:36.040Because the armed forces are sworn in allegiance to the monarch, not the government.
01:14:41.280And that's something I think we need to consider more in the future, is getting our military establishment to recognize who their oath is.
01:15:35.920But years ago, when I was praying about taking legal action, and just with my belly before the Lord, and he says, just head to the courts and I'm going to meet you there.
01:15:43.860And we do see legal actions, not necessarily the majority in Canada, but around the world.
01:15:51.480I've often said that the tyranny as far as LGBTQ, etc., mass immigration started in Europe and the UK.
01:16:07.580The grassroots, right, the populist movement is rising.
01:16:10.680And the same thing is happening in Canada.
01:16:12.340So, I just want everybody to have hope.
01:16:15.560This is not a time to back down or away.
01:16:18.540We've got that snowball, like pushing it up that big hill, and it's just going to tip over the other side.
01:16:24.120I want to encourage our viewers to join Action for Canada and join a chapter, because we've got over 110 chapters nationwide.
01:16:31.940And we are very strategic in the way that we are unfolding our strategy, taking back all levels of government, mobilizing people, reaching out to the churches,
01:16:41.400and working together with them, getting our kids out of the school.