Members and supporters of a group called Common Law Education and Rights (CLEAR), gathered again in Kelowna court to support their leader and the founder of the organization, David Lindsay, in his most recent application.
Lindsay is currently serving a sentence of 120 days from his home, after being found guilty of assaulting security guards who were blocking his entry into an Interior Health building in downtown Kelowna during an anti-COVID mandate protest in 2021, as well as for a conviction of contempt of court stemming from the criminal trial.
Lindsay has already submitted appeals for the sentencing and convictions, and was in court on Sept. 10, requesting to be released on bail while the files are working their way through the judicial system, officially called release on bail pending appeal.
He is known in Kelowna as a prominent leader of the 'freedom' rallies that have been held in the downtown core since COVID-19 mandates went into effect in 2021. Members and supporters of CLEAR, in numbers ranging from two up to 100, have been present at all his court appearances.
According to evidence presented in the assault trial, Lindsay was aware that he had been banned from the health region building for his involvement in protests held on the sidewalk in front of the property, which intimidated Interior Health staff and patients, and for his refusal to wear a mask inside the premises.
On August. 19, 2021, during a protest held in front of the Interior Health building, Lindsay attempted to enter the property and in doing so bumped into two security guards, causing no injuries. He was immediately arrested and taken into police custody.
Lindsay has since said that he was mistakenly under the impression that the building was a public space from which he could not lawfully be banned.
He is now appealing both the Aug. 9, 2024 sentence and convictions for assault and contempt in the BC Supreme Court, claiming Judge Heinrichs erred in her findings of guilt and in the sentencing decision.
Lindsay is also challenging the authority of the RCMP to have conducted the investigation into the assault after his arrest, stating; "If RCMP have no jurisdiction to exist, they have no jurisdiction to investigate."
He has also filed a constitutional appeal in the Supreme Court of Canada to amend the definition of assault in the Criminal Code of Canada, claiming; "The definition of force as described is too broad and overarching."
In order to be released on bail pending appeal, a three-part test of merit must be met. On Sept. 10, Lindsay presented his arguments to the court for why he has surpassed the threshold and should be granted bail.
First, the appeal must not be "frivolous." Next, the court must be sure that the applicant will surrender themselves into custody and will abide by the terms of release. Lastly, the detention must not be necessary in the public interest.
Lindsay has previously been labelled a "vexatious litigant" in the Supreme Court of B.C., after "habitually, persistently and without reasonable grounds" filing applications in criminal and civil proceedings in courts across the country.
"In 400 court appearances, I have never seen anything like this in my life," said Lindsay in the hearing, claiming that Crown Prosecutor David Grabavac "controlled" Judge Heinrichs throughout the trial.
The hearing was not completed in the allotted time and a date will be set for the Crown's submissions and the bail decision.
