Common Law Fundamentals: Fundamental principles cannot be set aside to meet the demands of convenience or to prevent apparent hardship
The Kelowna Bylaw Court — incredible unconstitutional procedures for bylaw tickets
by David Lindsay
As many of our local supporter are aware, the Kelowna bylaw officers have been serving myself, David Lindsay with 2-3 tickets/week from our rallies every Sat. So far, a total of about 48 tickets have been served me. Today was supposed to be the first hearing date on 11 tickets, with another 15 or more on Jan. 20. But things didn’t quite work out that way.
Tickets include using sound amplification and having an event without a permit, selling shirts (which we don’t and never have), and putting signs on the ground.
Mother Nature had a different plan. A huge blizzard swept through southern B.C. and the Okanagan last night dumping almost a foot of snow on us in Penticton. Kelowna got a bit less. Traveling to Kelowna from Penticton on the highway (1 hour), was not an option at 7:30 Thursday morning.
Upon my call at 9:00 am, the rude and callous Adjudicator Mellis(sic), whose demeanour tended to display immediate hostility towards me, refused to adjourn and demanded I do a zoom call, which I refused. I was then given the ultimatum – zoom or she would here evidence in my absence. Having been preparing all night with no sleep I was not in the mood for her take it or leave it attitude. I non-politely told her to0 f-off, and hung up.
My Constitutional Challenge will be filed early next week. Once filed, I will post on our website: clearbe.org.
I will follow up in the near future with an analysis of the incredible unconstitutional procedures for these bylaw tickets after lobbying by judges had them removed from the courts and into no-rules allowed, administrative adjudications. Lazy Prov. Ct. Judges simply don’t want to deal with these minor type of charges, and so we lose our procedural and substantive rights and freedoms as a result.
Our apologies to anyone who appeared at City Hall this morning. As I learned years ago, one of the unfortunate hazards of freedom, are court delays, adjournments and just plain waiting around all day until you get heard at the end of the day. It is what we can an “occupational hazard“!