October 31, 2008

Hello everyone. Let me begin be apologizing for my lack of communication recently. It has been a trying past few months for myself and others. I have not been home in months as I try to prepare for my next round and finish my obligations assisting others. Let me explain.

Recently a judgment by the Dishonourable Judge Sinclair was handed down on
June 26 in the failure to file case the Crown has dragged me through, beginning
with my kidnapping in 2004 by Kelowna Sheriffs.

In my final submissions on the issue of 'personhood' on March 28, I put Judge
Sinclair on Notice that judgments given without jurisdiction are a nullity. As I
did not require his fiat to confirm that I am not a 'person', and as the Crown had
provided no case law, no authorities, no maxims, no principles of law, and most
importantly, no actual law itself, that prohibits me from refusing to be a person or that imposes
any punishment for so doing, I was not coming back notwithstanding any adverse
judgment he was ordered to produce.

As expected, a warrant was issued for the arrest of the legal fiction referred to on
the warrant as David Kevin Lindsay. At this point, I had to decide what options were
available. In hindsight, I probably should have prepared my 'appeal documents' earlier
however for various reasons I did not. As a result, I spent the next couple of months
preparing my legal documents for when they would arrest me. I thank God that I was
not arrested during this time as it permitted me to do some important research and
complete my documents.

These were the options available to me:

1. do nothing - of course we know the results - arrest and then sentence, likely jail, fine
and compliance order;

2. file an appeal - this was not an option as only the Defendant can appeal and for me to
so do would be an admission that I was the Defendant charged - a trap and not an option;

3. file for certiorari or judicial review - the problem with this is that the onus is upon me to prove
that the Crown and Sinclair were wrong. Why should I bear the onus of proof?;

4. wait to be arrested and file for habeas corpus again. Under this situation, they require 6 days
notice minimum that I would be in jail for. Under this procedure, the Crown and judge must
provide the law which enabled a conviction to be entered and if they cannot, I am released by
law. The onus is now upon the judge and Crown to show the law which prohibited my actions.

I determined this was the best route. I have substantially more research than 4 years ago, where my application was refused for being 'too early', ie: the trial had not occurred yet.

I was out east for a period of time assisting a couple of friends. I also successfully assisted
a friend here on his appeal from conviction on failing to file charges. I have yet to see this judgment so I can't comment further other than to say at least the convictions were successfully
quashed. I normally don't advertise my victories, but I can say that there have been many. Unfortunately, no one, including myself, has yet won on any issue of substance, as the ITA is still being enforced, as is the usury monetary system. But I believe we are getting close.

My concern, especially after the pigs plastered my picture all over Castanet and Crimestoppers
warning everyone what a dangerous man I was for failing to file and appear, that the pigs would
either be tapping the lines, watching my home etc. and it was vital for me to finish my research
and court documents. Not only for my Supreme Court Application, but I had to prepare in case
they screw me there and I have to appeal to the Court of Appeal and eventually to the SCC. I
can't do this from jail. This required substantial research and preparation. I have not been home
since the beginning of July and have been travelling and staying at friend's places locally for much of this time. Feedback was that the pigs found out where I was living and were banging on my doors regularly during this time so I'm glad I wasn't home.

In order to ensure that I could complete my material, I simply stayed off the lines of communication, all of them, as much as I could. Now that I have completed my documents, I
am starting once again to communicate! I'm still alive!!!!

I had a brief Court of Appeal hearing scheduled for Oct. 20 in Van. However, knowing that I would be arrested there and spending time in Van area jails, was not to appealing. So I had arranged my hearing by way of video conference from Kelowna. As expected, I've been politely
'asked' by the Court of Appeal that the Sheriffs want me to first report to them and then they will
lead me to the courtroom, as if after 9 years of appearances there I don't know where Room 100
is!!!

In any event, I expected to be falsely arrested on Monday, October 20 at about 11:00 a.m, the scheduled time for this video conference.
However I received a call at 5 pm on Friday before advising that suddenly Kelowna had cancelled the video conference and so this was adjourned into the new year.

These are the likely possible outcomes to occur, of which I will not know until next week:

1. Shortly I will be falsely arrested. I will apply for habeas corpus. They will still place me before the Dishonourable Judge Sinclair, who will issue a sentence, either jail, fine, compliance order, or just fine and compliance order in which case I would then be released. If sentenced and jailed, my habeas corpus application will still proceed. If not jailed, the habeas corpus cannot be used and I would have to proceed only by way of certiorari or judicial review.

2. I will be arrested and I will immediately file for habeas corpus. This will then stay all proceedings. The rules of court require 6 days notice so I will likely be in jail until the following week. I am demanding a Christian judge anywhere in the Okanagan or Vancouver. Likely a full day will be set for this hearing and I will have a friend send out a notice to everyone of when and where this will occur.

It is my understanding that once habeas corpus is filed, everything comes to a halt until this is dealt with however so I expect #2 to take place.

3. if they screw me in the Supreme Court, then my appeal is already drafted and ready to file, as are my Appeal Books, Transcripts etc. for the Court of Appeal. The Court of Appeal Act requires that if I am in jail, this hearing take place in priority over all else, however this could still be a few weeks down the road. If they screw me, then it is off to the SCC, depending on the nature of the judgments.

I could be in jail anywhere from a day or two, up to several months, I won't know until we move along.

I believe that my challenge on the issue of 'personhood' is the most comprehensive challenge every filed in any court. I have analyzed our entire 'constitutional structure' including the Coronation Oath of Her Majesty (which I have learned was worded illegally in 1937 for King George VI who gave Royal Assent to the ITA in 1948, and for Elizabeth in 1953 as well). I have for the first time, judicial admissions that the 'font' used on legal documents, ie: ALL CAPS, or italics etc., is used to denote the difference between the 'man' and the 'person'!!! And much more authorities to prove that we are correct. I have a superior court judge admitting that a 'person' is not a man but a status or capacity. All of this was of course ignored by Sinclair.

At trial, CRA official TRACY ELLEN TODD, admitted that everyone at CRA "assumed" I was a person because none of them knew what it meant, yet Sinclair still convicted.

I have been dragged through this case kicking and screaming on jurisdictional issues now for 5 years!! When the judges completely ignore 250 pages of law, you know you have them boxed in a corner they can't get out of. I still subscribe to the belief that one should not go into their corrupt courts unless there is no alternative - and in this case, after being kidnapped, if I had not challenged them they simply would have entered a conviction and sentenced - we would have nothing to show for all our knowledge.

Judge Sinclair still refuses to produce his Oath of Allegiance and the issue of the unlawful appoointments of all Governors General since 1931still remains a live issue which he simply has refused to rule upon. What does this tell you?

Did anyone see the article recently in Cranbrook where Chief Judge Stansfield has finally admitted publically what we have known for decades - that Canadians have completely lost faith in the justice system! I was stunned to read his public admission of this in the paper and spoken publically to an audience the night before. This is the foundation for the 3rd option.

In order for the 3rd option to be utilized, ie: civil obedience (disobedience to their corrupt 'laws'), we must have exhausted all other resources - the masses must be made aware of the corruption before they will support this alternative and they still don't believe it yet - believing all the propaganda put forth by mainstream media on a daily basis. My case is, I believe, the last chance. If I (we) are screwed in this case, then I can safely tell you no one will ever win and the only serious avenue left will be the 3rd option. The judges in effect will rule that even their own oaths do not bind them - they are a law unto themselves.

I will be going on tour after this all unfolds and hopefully showing everyone how I won - which will conclusively prove that all taxes are unlawful and alternatively, are voluntary. If we lose, I will still be touring to place my information in everyone's hands for the first time and beginning the crusade for the 3rd option for April 30, 2010 - obtaining as many people as possible, joined in one cause, and all of us refusing to file or participate in their court system, with a support structure in place for anyone whom they try and charge. Our solution must rest in peaceful activities as much as possible.

As I told Sinclair, notwithstanding any judgment, I will never file another income tax return again. Until we all take this attitude and action, notwithstanding the sacrifices some of us will have to make, we will never succeed. I believe that the time has come where, if we lose this case and people see the quality and quantity of information that I put to the court, (2 full days of straight argument, for lack of a better word), they will realize that the time has come to stop filing and paying taxes - and to destroy the usury monetary system, which we can see what is happening now around the world. More on that later.

I would like to thank everyone for their continued support during the past few months. Living away from home since July has not been easy for many of us. (I lost my veggie garden this year as a result of this damn warrant!) I will not let you down and will continue to put my case forth if necessary to the SCC, in jail or out. I will ensure that you are kept notified of upcoming dates and locations for hearings. This is the most important and comprehensive challenge to the ITA ever filed and we must succeed. No matter how long nor what judgment comes, we will succeed in the long run. In the court or out of court.

Donations are urgently required

This continued research over the past couple of years, and especially the past few months, has necessitated the need for renewed requests for donations. My new address is noted below and we would be very much appreciative for any donations (cash or blank money order) to these ongoing costs you can assist with. I hope the time in jail will be minimal and we will win in the first round.

Suite 432 113-437 Martin St.
Penticton, British Columbia
V2A 5L1

My upcoming tour (likely in January - April, in time for the 'tax season') will be the most exciting tour I believe in years!

Thank you again for all your support and understanding. Once released, I will again be back in continued contact with everyone!

In the spirit of the law of attraction, I hope we can all think positive that we will win this pivotal and most important case in the history of the freedom movement. No other case has put forth the amount or quality of documentation and law that I have here - which goes right to the fundamental structure and foundations of the law making process and claimed jurisdiction of the Queen in England.


in freedom I remain, always,
David-Kevin: Lindsay

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