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David Lindsay says his case should be a “fait accompli”.
The well-known Kelowna man who helped organize protests against government COVID-19 measures was back in court Monday.
He was before a Supreme Court justice seeking leave to launch a constitutional challenge after an RCMP officer pulled him over while he was driving a scooter in July 2024. He’s facing a charge of driving while prohibited.
The crux of his argument is that Parliament had no jurisdiction to pass the RCMP Act, the B.C. government’s agreement with the RCMP is unconstitutional.
Thus the RCMP does not have the jurisdiction “to force municipal legislation upon me,” Lindsay told the judge.
The judge, who will decide if the challenge goes forward, suggested that Motor Vehicle Act tickets belong exclusively in provincial court and because that case is still outstanding, Lindsay’s charter application “sounds like a pre-emptive appeal." He said it seems odd to decide valid grounds of an appeal if Lindsay has not even been found guilty yet.
Lindsay dismissed the judge’s argument and continued with his lengthy dissertation, citing case law dating back as far as 1895.
However, he did back down when the judge questioned why he was bringing up civil court proceedings against the City of Kelowna. He is fighting an application by the city for an injunction barring him from holding protests in any downtown park.
“This is about whether you should be granted leave. It’s not related to your response in a civil claim,” noted the judge.
Lindsay told the court he believes he has only applied for leave to launch a constitutional challenge three times since 2006 and that so far he has not been refused.
In arguing that his case is a “fait accompi” he said, “Why it hasn’t been challenged in the past I have no idea.”
Lindsay was convicted of two counts of assault in December 2023 and was given a sentence of four months of house arrest for an incident outside the downtown Kelowna Interior Health building on Doyle Avenue in August 2021. He has said he will appeal his conviction.
Lindsay has a long history of making pseudolegal arguments in court. He was profiled back in 2012 by a judge in a ruling as one of Canada's most prolific gurus of "Organized Pseudolegal Commercial Arguments."
