Kelowna, B.C. ‘freedom rally’ organizer challenges RCMP following 2021 arrest – Okanagan | 24CA News
Dozens of individuals stuffed a Kelowna, B.C., courtroom on Friday morning to assist native freedom rally organizer David Lindsay.
Lindsay headed to path after he was charged with assault throughout a protest on the Interior Health constructing in downtown Kelowna in August 2021.
“They are saying I assaulted them, and that is essentially what it comes down to. I think the trial will show that there was no assault,” mentioned Lindsay.
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The assault path is scheduled to start on the primary of March and is predicted to final for 2 days.
Lindsay has since filed a Notice of Constitutional Challenge towards the RCMP, arguing, “They have no jurisdiction over the arrest nor the investigation that followed.”
“That the agreements between the province and the federal government are unconstitutional under the original British North America Act and now the constitution act of 1867.”
According to Vancouver lawyer Kyla Lee, folks can problem the structure in the event that they really feel the arrest is illegal.
However, Lee mentioned these challenges are sometimes unsuccessful, saying the bar for police to arrest folks could be very low.
“A caution to people who find arguments on the internet that suggest that the police don’t have the power to do what they’re doing: you should always consult with a lawyer before bringing any of these arguments,” mentioned Lee.
“Courts don’t take kindly to people who bring arguments that are based in nonsense. Sometimes when the judge is mad at you that can sometimes make your case go worse.”
In response to Lindsay’s request, the decide determined to proceed with the assault trial first. The constitutional problem would comply with if Mr. Lindsay is discovered responsible.
“I’m expecting to be found innocent and not guilty — not just not guilty but innocent. I am looking forward to exposing the fact that this was a political charge only,” mentioned Lindsay.
Lindsay has served time in jail for not paying taxes and has seen the within of a courtroom for each civil and prison proceedings.
He can also be at present being sued by the town of Kelowna for organizing freedom rallies in public parks with out acquiring permits.
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