“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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Courts
Falsified assault charge
Kelowna Courthouse
R v David Lindsay s. 266 Criminal Code Assault
Next Provincial Court Hearing Date:
Completed
Thank you for all your support and belief for freedom!!
Remember the Freedom Principle:
An attack against one is an attack against all.
An attack against all, is an attack against one.
Next Supreme Court Appeal Hearing Date:
September 16, 2024 2:00 p.m.
This hearing is brief and only to set a date for my a case conference hearing to determine how it is to proceed.
I hope to proceed on the Jordan delay part of the appeal first. If I am successful the rest doesn’t matter and there is no use trying to raise funds for transcripts I may not yet need.
With thanks to everyone for all your previous help, I have all the transcripts required for the Jordan appeal. I have not ordered the actual trial transcripts, hoping I will not need them. Their cost is incredible and hopefully will not be required.
Hearing – September 10, 2024 — 2:00 p.m.
Notice of Application to be released from jail until the appeal itself is fully heard – adjourned…..
I would like to just begin once again by thanking God and Jesus for their protection in court, so that I remain able to still write to you today!!! Everyone’s prayers once again, made a big difference against the evils we are up against.
Importantly, I also would like to once again thank all of you so very much for all your kind support, in and outside of the courthouse. Some of you came from far away and I know many are watching intensely across the country. Your ongoing moral support is what will keep me going to preserve our rights and freedoms as well. Surrender is not an option!
On this past Tuesday afternoon, the courtroom buzzed with tension as another chapter in this corrupt legal saga unfolded. I attended armed with supporting authorities, videos and law, and ready to present my case to be released until the appeal is heard. However, as has become a pattern in these proceedings, the day did not progress as anticipated.
Crown Persecutor Grabavac immediately set a confrontational tone as usual by objecting to virtually every aspect of my presentation. His first salvo was an attempt to prevent the hearing from taking place, targeting the absence of transcripts and arguing that without them, I had no standing to be heard. Judge Wilson noted that the very issue of transcripts was central to the appeal at hand, effectively neutralizing this objection.
Undeterred, Grabavac pivoted to a new tactic – delay. He requested to cross-examine me on my supporting affidavit, a move that he intentionally threatened to consume hours of valuable court time with his irrelevant questioning. I have successfully filed these affidavits in support of this type of application in the past with no such questioning. Recognizing this as a delaying tactic, I made the strategic decision to withdraw the affidavit from the record, opting instead to rely solely on oral submissions and just using the documents from the affidavit in submissions only, not evidence.
Grabavac’s approach took a personal turn as he resorted once again to pejorative name-calling in open court and asserting that the appeal lacked merit. This breach of professional decorum did not go unnoticed; the judge intervened on a couple of occasions, subtly but firmly disagreeing with his comments and suggestions.
Time, as usual was a critical factor. The court had allotted only 1¾ hours for this session, a window already narrowed by Grabavac’s initial meritless objections, which had consumed almost 15-20 minutes. It became clear by the break, that just to get my case across to the judge, the proceedings would not conclude as scheduled, necessitating an adjournment.
A pivotal moment arose when I sought to present video evidence of the incident in question to show the judge just how stupid Grabavac’s objections to my release were. Grabavac objected, demanding case law to support its admissibility. I quickly responded by pointing out that if transcripts containing evidence were admissible (and they are), then video exhibits, as another form of evidence, should be equally acceptable. Evidence is evidence. The judge concurred with this logic. However, the necessary equipment for video playback had not been set up as previously arranged, despite my prior request. This oversight prevented the presentation of potentially crucial evidence. I will try and play this at the next hearing.
The Crown’s strategy became increasingly apparent: to prolong the proceedings, potentially pushing the conclusion of the appeal beyond the end of my jail sentence. Grabavac advocated for a full day to be set aside for future hearings, a move that would have delayed proceedings until who knows when. The four month jail sentence ends on Dec. 7.
The following day after court, I contacted the court scheduler, only to encounter more obstacles. The earliest available date was October 28th, with the Crown pushing for November 4th. This raised concerns about ex parte communications between the Crown and court scheduling, as these dates were discussed without my input. I questioned the fairness and purpose of scheduling hearings so close to the sentence’s conclusion, especially after the judge told the Crown to make himself available to be heard as quickly as possible.
I initially had this application heard before the Court two weeks ago before J. Hardwick. However, a particularly galling issue emerged during those proceedings. One of the grounds for appeal was against the contempt of court conviction, and the Crown now argued this should have been filed with the Court of Appeal rather than the Supreme Court. This jurisdictional issue, which Grabavac knew of back in January and intentionally withheld from myself and the Court, would have significantly altered the timeline of events.
The Crown has failed to justify why he said nothing. Had I been made aware of this issue, I would have filed it with the Court of Appeal weeks ago as well, and J. Hardwick could have released me two weeks ago, which would have started on Sept. 9, as that is when the contempt sentence ended. Instead, the Crown argued for everything to be put over to this week. Now it is delayed again.
The intricacies of the legal system came into sharp focus with the realization that contempt convictions from Provincial Court must be appealed to the Court of Appeal rather than the Supreme Court. This procedural nuance, buried in s. 10 of the Criminal Code rather than in the appeals section as it should be, added an unexpected layer of complexity to the case. Had this been brought to my attention when it should have been, I would have been ordered to be released two weeks ago, and effective Sept. 9.
I continue now to remain bound by a conditional sentencing order, including jail by house arrest, and that prohibits public discussion of certain people involved in the incident. The broad language of the order, which bars even “referring” to these people, creates a chilling effect on my ability to discuss this case publicly or engage with media.
These events highlight the frustrations and challenges we face when confronted with unscrupulous and politically motivated Crown Prosecutors. There is no way such prosecutors, who first and foremost are Officers of the Court and Ministers of Justice and duty bound to raise errors to the judges and unrepresented litigants as early as possible, should be permitted to keep me in jail until the jail sentence is over, only for me to win on appeal. And win I will do. But then who is to be held accountable for my four months in jail for an offence I truly did not commit?
In our other legal case on freedom related matters, my SLAPP (Strategic Lawsuit Against Public Participation) application against the City is scheduled for continuation on December 3, 4, 5, promising another intense legal battle in response to the City’s attempt to shut down our public Rallies.
It was shocking
Once dates are confirmed for my application to be released pending appeal, I will let everyone know as well.
Please join us on Sat. Sept. 14 at Hwy 97 and Cooper for our Hwy rally, which is proving successful in getting Druthers and information out to the public, and allowing us to remain in public visibility at all times. This is important so people know where to come for information when the next gov’t attempt to deny rights and freedoms begins.
Our documents in this case are located on our website at:
All City of Kelowna documents and pleadings are now placed on our website for public viewing: https://clearbc.org/city-of-kelowna/
In freedom
David
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