Kelowna protestor who claims RCMP have no power loses in court

A Kelowna man who has spent more than two decades making pseudo-legal arguments in court has had his latest attempt dismissed by a BC judge. BC Supreme Court Justice Steven Wilson ruled that serial protester and leading voice of Kelowna anti-vaxxers David Lindsay couldn’t file a constitutional challenge after being arrested for driving a scooter without a license, helmet or insurance. According to a Feb. 10 BC Supreme Court decision, Lindsay wanted to challenge the charges by arguing that the RCMP has no power in BC and had no right to ticket him and seize his scooter. Rather confusingly, Lindsay argued that the Royal Canadian Mounted Police Act of 1985 is unconstitutional and has no effect under the Constitution Act 1982, therefore giving the police no authority. Lindsay has a long history of making pseudo-legal arguments and in 2006, was declared a “vexation litigant.” The label means that Lindsay is barred from trying to take people to court without the court’s permission. Over the years, Lindsay has claimed to be a legal expert of sorts and a member of the so-called Freemen-on-the-Land movement, which, among other things encourages people not to pay taxes. Lindsay has been a thorn in the side of the court system http://Kelowna's David Lindsay avoids sentencing with hospital stay and others, and was convicted for assaulting two security guards during an anti-vax protest at Interior Health offices in 2021. https://infotel.ca/newsitem/incendiary-crown-wants-protestor-david-lindsay-in-jail-for-a-year/it104252 His latest issue with the courts comes after he was pulled over while driving a scooter last summer. He ended up being ticketed for driving while suspended, riding a motorbike without a helmet, not having insurance or a number plate. He had his scooter seized and the charges are currently working their way through the BC provincial court. Lindsay now wants to make a constitutional challenge in the BC Supreme Court regarding the tickets. However, the Justice said it was “doomed” to fail. “The difficulty with Mr. Lindsay’s argument is there are presently no criminal proceedings in this Court, nor has there been a conviction in the Provincial Court from which to appeal,” Justice Wilson said. “Absent a conviction, the exception in the Vexatious Litigant Order for making full answer and defence to a criminal proceeding does not apply.” The Justice said Lindsay hadn’t been convicted or acquitted yet on the scooter file, which needed to be finalized before he could make any argument in the Supreme Court. The Justice said they wouldn’t address the merits of the constitutional challenge, although added, “I do expect that the Attorney General will be of a different mind.” Ultimately, the court denied Lindsay the opportunity to file his constitutional challenge. To contact a reporter for this story, email Ben Bulmer mailto:bbulmer@infonews.ca  or call (250) 309-5230 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here https://infotel.ca/newsletter .