Dean Clifford - A Tale of Two Gurus

[Burnaby49]

I checked the Federal Court schedule for February and don't see Dean on it. I assume he would have a hearing in Winnipeg however I checked all of the prairies.

http://cas-ncr-nter03.cas-satj.gc.ca/po ... /West_List

I found both Dean and Darren in the Federal Court/Federal Court of Appeal database but it is old income tax stuff from 2000 - 2003 that didn't seem to go anywhere.

http://cas-ncr-nter03.cas-satj.gc.ca/In ... TA-4926-03
http://cas-ncr-nter03.cas-satj.gc.ca/In ... TA-3064-03
http://cas-ncr-nter03.cas-satj.gc.ca/In ... A-10243-00

There are no reported decisions in either court under either of their names.

http://decisions.fct-cf.gc.ca/fc-cf/en/ ... &p=&page=1
http://decisions.fca-caf.gc.ca/fca-caf/ ... t=clifford

[notorial dissent]

Considering who we are talking about, just because they make the claim doesn't mean there is any more reality to that than there is to anything else they come up with. I would suspect that Dean has all these grandiose suits in his head that are going to vindicate him and bring de ebil gubmint to it knees, however, I don't see it happening anymore than I see them getting out of this latest escapade in one piece, but the delusional can dream, can't they???? He/they have to keep telling themselves something, or else the reality of the kharma hammer that is about to come down on them might just get a tad too real.

[Hilfskreuzer Möwe]

Well well - Dean is actually telling the truth for a change. I located the following hearing from the Manitoba Courts' database:

Party Name: CLIFFORD, DEAN CHRISTOPHER DAVID
Solicitor: IN PERSON
File #: CR13-01-32571
Date: 13-Feb-2014
Time: 10:00
Hearing Type: CRIMINAL UNCONTESTED MOTIONS(THURS-10:00)
Full Title of Proceeding: BETWEEN: HER MAJESTY THE QUEEN -AND- DEAN CHRISTOPHER DAVID CLIFFORD, APPLICANT

This also appears on the Feb. 13, 2014 daily court list.

SMS Möwe

[Burnaby49]

Well well - Dean is actually telling the truth for a change. I located the following hearing from the Manitoba Courts' database:

Party Name: CLIFFORD, DEAN CHRISTOPHER DAVID
Solicitor: IN PERSON
File #: CR13-01-32571
Date: 13-Feb-2014
Time: 10:00
Hearing Type: CRIMINAL UNCONTESTED MOTIONS(THURS-10:00)
Full Title of Proceeding: BETWEEN: HER MAJESTY THE QUEEN -AND- DEAN CHRISTOPHER DAVID CLIFFORD, APPLICANT

This also appears on the Feb. 13, 2014 daily court list.

SMS Möwe

Jeffery said the Monday hearing was at Federal Court. Is this Queens's Bench?

[Jeffrey]

Quotes were taken straight off the Dean Clifford site, don't pin any inaccuracies on me.

[Burnaby49]

Quotes were taken straight off the Dean Clifford site, don't pin any inaccuracies on me.

What it means is that Dean can't even tell a true story correctly, even if it is something as basic as the court he is appearing in. He's involved in so many he probably gets confused.

I'm assuming this is a Manitoba court rather than Federal Court. The Federal Court doesn't handle criminal matters.

[notorial dissent]

Well, will be interesting to see what actually comes of it.

[Hilfskreuzer Möwe]

I'm taking something of a stab in the dark, but my suspicion is that Clifford is trying to challenge the Provincial Court's jurisdiction/procedures.

If I am (roughly) correct, his proceeding in Manitoba Queen's Bench is going to claim that the Provincial Court has not responded appropriately to Clifford's materials and arguments, and as the superior court of inherent jurisdiction (correct) Manitoba Queen's Bench should exercise its supervisory role (correct) in even unusual or novel circumstances (correct) to address Clifford's claims (wrong). The truth is no matter even if the Provincial Court has gone astray (wrong), Clifford's appropriate response is to complete proceedings at that level and then appeal. To do otherwise is a collateral attack - so I expect the Manitoba Queen's Bench hearing, whatever it is, will terminate on that basis.

Clifford will be told to complete the preliminary hearing at Provincial Court, and if he does not like that result? Challenge it. As I have previously commented, trial with the charges in question will be at Queen's Bench.

As for the Federal Court, my guess is Clifford going to argue that the Federal Court has a supervisory role over judges who are appointed by the Federal government - here that would mean Manitoba Queen's Bench judges. And somehow he can sue there to establish liability, get himself released, and stuff.

To which the Federal Court judge (or prothonotary) will say - "You've read the Federal Courts Act, right? You know you should be at the Manitoba Court of Appeal? We have no jurisdiction over non-Federal tribunals. Manitoba Queen's Bench and Provincial Court are provincial jurisdiction." Collateral attack (at best) so punt.

The usual proviso - these are guesses based on semi-logical argument and legal understanding. It is plausible, if not likely, that Clifford's claims have a more tenuous basis.

SMS Möwe

[arayder]

It seems to me that Mr. Clifford is in large part responsible for his continued incarceration.

He has refused bail and has refused to accept the manner in which he is to handle the evidence the against him, which would be provided to him, since he's acting in his own defense.

In addition Dean is filing a boat load of freemen paper, essentially demanding that the court release him. In these filings, it seems, he cites the usual freeman bilge saying the court has no jurisdiction over him and that by, as he contents, making it impossible to defend himself isn't protecting his rights.

Rather than railroading him as Dean implies, I think, the court is stuck trying to ensure fairness and due process with an unhinged, oppositional wannabe lawyer who insists that, at every turn, that the courts be run his way.

I suspect the case management hearings aren't Dean's brilliant Perry Mason-like outing of the courts, but rather simple proceedings in which it is explained to Dean that he may make bail if he chooses, why his latest filing is improper and that he'll have to follow certain procedures if he wants to continue in his own defense.

All this of course has little directly to do with the serious nature of the Dean's alleged crimes. By my unofficial count he's failed to show up in court when summonded, violated his old bail agreement, kept unregistered, unsecured firearms in his home and was growing large quantities of marihuana on his property.

[Fmotlgroupie]

Arayder - have you seen an indication that Dean was offered bail (I.e. was granted judicial interim release but failed to sign his recog or undertaking) or is that an educated guess based on Dean's, erm, Deanness?

My own guess is that it's quite possible he was denied bail (or would be if application was made for bail). You can do a lot of really nasty stuff and get bail in Canada, but failing to show up for court ticks the judges off (also because he was already on bail when he committed the new offences the onus would be on him to satisfy the court he should be released, which Freeman babble would not likely do (if he was smart enough to babble, promise to show up for court, and maybe offer a surety it would probably work.)

[arayder]

Arayder - have you seen an indication that Dean was offered bail (I.e. was granted judicial interim release but failed to sign his recog or undertaking) or is that an educated guess based on Dean's, erm, Deanness?

My own guess is that it's quite possible he was denied bail (or would be if application was made for bail). You can do a lot of really nasty stuff and get bail in Canada, but failing to show up for court ticks the judges off (also because he was already on bail when he committed the new offences the onus would be on him to satisfy the court he should be released, which Freeman babble would not likely do (if he was smart enough to babble, promise to show up for court, and maybe offer a surety it would probably work.)

I agree.

All I have to go on is that Dean said he refused bail. I, too, found that strange since any judge with his wits about him would bet that upon letting Cliffy out the RCMP would just have to track him down again and that next arrest might not be so clean as the November 24th one.

It's entirely possible Dean's talking through his hat, sounding tough and would, in his heart of hearts, dearly love to be out of jail.

[Jeffrey]

That's a nice catch by Arayder, it didn't stick out to me during the first listening but yeah I also call bullsh*t on his claim that he "refused bail" but the only "solid" information we have on that is the transcript excerpts where someone from the government said they oppose him being offered bail.

Not to split hairs though but we don't know whether he was actually growing "large amounts of marihuana", it could have been big or small. In fact we don't even have concrete confirmation of the drug charges, that's only a guess based on chatter from Facebook and Dean's prison phone calls. In fact we don't know why the charges from his previous arrest were stayed, the possibility of him posting bail was only a guess due to ROPE's involvement in his current arrest. The lack of information is kind of annoying.

Also Arayder stated previously that Dean was "driving recklessly". I gotta disagree, there's no indication any of this was based on him driving recklessly.

I also gotta disagree with the claim that he's "filing a boatload of Freemen papers". Between the last telephone update and this current update the only paperwork he claims to have filed were the habeas corpus and "writ to show cause". His conduct in jail so far is a bit bizarre because it's definitely inconsistent with the stuff he was teaching and preaching prior to the arrest. And his letter to the Queen and the UN seem like he took a page out of Nanya Shabu's playbook. In fact, his previous claim of placing a commercial lien on the previous charges he was facing also seems way too Nanya-ish to be a coincidence.

It looks like he's just improvising in jail. I'm actually kind of surprised he got the Feb 13th hearing, even if it doesn't go anywhere it shows he actually filled out the correct paperwork.

[Hilfskreuzer Möwe]

A couple minor observations - the Manitoba Queen's Bench hearing actually makes sense given Clifford is trying to pop himself out of custody via his various pseudolegal arguments. Regardless of whether or not Dean sought bail and had that refused, or never asked for bail, the Provincial Court does not have jurisdiction to hear a broader common-law based argument for his release.

Remedies like Habeas Corpus are only available at Queen's Bench as part of its inherent supervisory general jurisdiction. And Habeas Corpus still exists as a remedy, but it is most commonly used to complain about conditions in jail. Why? Because the right to be released from pre-trial detention is entirely handled by the bail and bail review apparatus. This is nicely reviewed in this British Columbia Court of Appeal decision:

• R. v. Ignace, 1996 CanLII 3046 (BCCA): http://canlii.ca/t/1f02k

So - given Clifford's usual arguments his application would be a mutant Habeas Corpus application. And yes that would go to Queen's Bench. However, once there, the hearing judge will simply say "Sorry - your appropriate remedy is to ask for bail. Why don't you do that?"

If the answer is "I did but it was refused" then the procedure is again to go back to Queen's Bench to have the bail ordered reviewed. But the onus then is reversed - Dean would have to prove he should be released. And that doesn't work out so well when you're a Freeman-on-the-Land. Here's an example:

• R. v. A.N.B., 2012 ABQB 556: http://canlii.ca/t/g203r

So yes, Dean is spinning his wheels, but really, it is his own fault.

SMS Möwe

[arayder]

I am basing my supposition as to the amount of pot Dean was growing based on a months old freeman radio web cast in which he challenged the authorities to do something about the field of weed he had growing. But who knows, he may have just had plant or two in the basement under lights.

Either way, I point out again that having unregistered, unsecured firearms around the grow site screams "armed drug operation" to the cops. That was a just plain stupid move, on Dean's part.

My comment about his reckless driving was with regards to his February 2013 arrest/dust up. But I honestly don't know if that charge stuck, or if the court just threw the book at him over his assault of the police officer.

By Dean's own account he's filed show cause and habeas corpus motions and now (as he says in his latest recorded call) two suits against the government over his jailing and access to justice since his arrest.

One suit was, according to him, to be heard today. I don't know if he plans to blurt the suit out at his hearing or what.

I think Dean's real problem with access to the courts and hence justice is that he won't accept any of the court's procedural rules, files multiple frivolous motions and in general insists that the courts and the judges kiss his arse before they can proceed.

He's had two procedural hearings and he hasn't gotten much done. Of course the court seems to be struggling with what to do about one so out of touch with reality as Dean. That he's been given a detailed copy of the procedural rules suggests somebody in authority has figured out they are dealing with imperious, manipulative little twit who lives to cry "foul".

[arayder]

A couple minor observastions. . .
SMS Möwe

Nice information, Möwe. Thanks.

[Jeffrey]

Yeah the February arrest allegedly involved him doing "donuts" on a parking lot but I don't think he was doing them and I think it's a red herring by Dean. At that point he had already lost ~3 trucks to RCMP and told repeatedly not to drive without a license or insurance. My guess is that was the actual cause for the cop arresting him (word had probably spread around the station that Dean was making a habit of driving without a license) and why Dean got into a tussle with the cop trying to arrest him.

Actually, I believe there's a parallel to the Menard situation with his SIN that probably explains some things. During one of the 2012 truck seizures the cops are able to get his license number off their cop computer. Dean actually does have a license but thinks that by destroying it and "revoking it" like Menard and his SIN it magically stops existing over at the Manitoba version of the DMV. So at worst he's only been driving with an expired license.

And I think the multi-acre marijuana grow he was referring to in the rant video isn't the one he got busted for. He says that grow would happen during the summer, this arrest happened in December and more importantly they only discovered the grow after entering his house with the arrest warrant which makes me assume it was an indoor grow, therefore immune from the cold Canadian winter.

There's also Audio of Dean interviewing Rick Simpson who ironically also got busted for his marijuana growing operation and prohibited weapons. There's no doubt the guns were there to protect the grow; the cops were smart to arrest him at the conference instead of at his house, avoided a potential tragedy.

[notorial dissent]

I really find it hard from any rational perspective to really believe a judge would offer bail to someone who has repeatedly jumped bail, failed to appear, and generally has no regard for the courts or their authority. I also find it hard to believe that he would know anyone dumb enough, or with enough capital to actually make the size of bond that would be warranted in such a case, and yes I have no doubt that the RCMP would have to go looking for him again if he were bailed out, as he has already set that precedent, and doesn't seem overly endowed with either good or common sense.

[arayder]

. . .During one of the 2012 truck seizures the cops are able to get his license number off their cop computer. Dean actually does have a license but thinks that by destroying it and "revoking it" like Menard and his SIN it magically stops existing over at the Manitoba version of the DMV. So at worst he's only been driving with an expired license.

So Dean's no so bad to the bone?

And I think the multi-acre marijuana grow he was referring to in the rant video isn't the one he got busted for. He says that grow would happen during the summer, this arrest happened in December and more importantly they only discovered the grow after entering his house with the arrest warrant which makes me assume it was an indoor grow, therefore immune from the cold Canadian winter.

There's also Audio of Dean interviewing Rick Simpson who ironically also got busted for his marijuana growing operation and prohibited weapons. There's no doubt the guns were there to protect the grow; the cops were smart to arrest him at the conference instead of at his house, avoided a potential tragedy.

The irony being that the cops Dean says are so dumb managed to safely scoop up His Muttonchopness at an event he, himself publicized.

[arayder]

I really find it hard from any rational perspective to really believe a judge would offer bail to someone who has repeatedly jumped bail, failed to appear, and generally has no regard for the courts or their authority.

Reviewing some of Dean's news releases he and his team say he refused to make application for bail, implying bail was available and that Dean just wants to stay put and kick the man's arse from his jail cell.

[notorial dissent]

Reviewing some of Dean's news releases he and his team say he refused to make application for bail, implying bail was available and that Dean just wants to stay put and kick the man's arse from his jail cell.

And there is any reason to believe this? This is after all the man who is going to bring the court system to its knees with his brilliant legal insight, adn yet he is still in jail.