Dean Clifford: Sentencing & Beyond

[LordEd]

Before a real answer, my guess is an order to allow service or notice of whatever order they got by publishing in the Winnipeg free press for 5 days. Possibly can't find Dean to serve in person.

Now somebody who actually knows, let me know how close I was.

[Bill Lumbergh]

Before a real answer, my guess is an order to allow service or notice of whatever order they got by publishing in the Winnipeg free press for 5 days. Possibly can't find Dean to serve in person.

Now somebody who actually knows, let me know how close I was.

Damn close!

The court allowed an order for substituted service. So publishing a notice in the Winnipeg newspaper will count as Dean being served personally. Under Manitoba QB rules:

SUBSTITUTED SERVICE OR DISPENSING WITH SERVICE

Where order may be made

16.04(1) Where it appears to the court that it is impractical for any reason to effect prompt service of an originating process or any other document required to be served personally or by an alternative to personal service the court may make an order for substituted service or, where necessary in the interest of justice, may dispense with service.

Effective date of service

16.04(2) In an order for substituted service, the court shall specify when service in accordance with the order is effective.

I listened to Vinny's show - wow, they really hate lawyers. I mean, according to Dean, 9 out of 10 lawyers are drug addicted pedophiles!

But I guess lawyers aren't so bad when they file bail review applications to get you out of jail. Or maybe he just found that 1 lawyer out of 10 who wasn't so bad. I don't buy the "my dad hired that lawyer without my knowledge" excuse. Even if it's true that his dad footed the bill, there is no way a lawyer would file that bail application without explicit instructions from Dean.

[Burnaby49]

Dean's two small claims proceedings with Centra Gas Manitoba had a hearing yesterday. The result is the same in both cases:


(SC15-06-16490 CENTRA GAS MANITOBA INC. vs CLIFFORD, DEAN CHRISTOPHER)

4 23-Nov-2015 St. Boniface-QB REQUISITION OET TO 27JAN2016 AT 1:30PM, SUB/SER ORDER APPROVED IN CRT PER B.C., ADD IN SAT EDITION OF WFP LEGAL NOTICES, (EFF 5 DAYS)

Quite right. They're having trouble serving Dean - which is probably not a surprise since he's probably doing his best to dodge service of the claim. Centra Gas now has until Jan. 27, 2016 to serve him, if not then their claim could lapse. OET appears to mean "Order to Extend Time". However, since Dean has been dodging service, the Court has ordered that all that is needed to serve Dean is to publish the claim in the Saturday Edition of the Winnipeg Free Press, in the legal notices section. Once Centra Gas does that, Dean is considered to have been served five days later. That starts the clock ticking on Dean's need to file a statement of defense, or he automatically loses, and Centra Gas can move straight to collecting from Dean. Good luck with that!

I wrote about substitute service in one of my trial postings. In one case a wife wanting to serve divorce papers couldn't find her husband so the court ordered substitute service by sticking the papers on the bulletin board of his mosque. In another leaving the papers with the doorman of the building where the guy lived was equivalent to actual service.

[notorial dissent]

They can certainly accomplish service that way, and even get judgment, for all the good it will do. Blood, turnip...

[Dr. Caligari]

In another leaving the papers with the doorman of the building where the guy lived was equivalent to actual service.

New York City is full of high-rise apartment towers with doormen, so the New York courts have developed a whole body of law about when service on the doorman is valid service on the tenant. California has a similar body of law about serving the security guard at the entrance to a gated community.

[Wake Up! Productions]

I have a question that perhaps some of the greater minds on Q can answer for me.

As we know, Trudeau ran on the platform of legalizing pot. If pot is eventually legalized, would this effect Dean's pot conviction, and if so, in which way?

[JamesVincent]

I have a question that perhaps some of the greater minds on Q can answer for me.

As we know, Trudeau ran on the platform of legalizing pot. If pot is eventually legalized, would this effect Dean's pot conviction, and if so, in which way?

Won't know until it happens. When Washington state legalized pot they not only dropped any pot related charges but in some cases returned the pot to the owner. Don't know how well that would work for someone already convicted since it was illegal at the time of the conviction.

[bmxninja357]

Unless the new law is implimented retroactively the law at the time of the offense applies.

Plus there is an aggrovating factor in that illegal and restricted weaponry was found in a illegal drug production facility.

Peace
Ninj

[Bill Lumbergh]

Unless the new law is implimented retroactively the law at the time of the offense applies.
Ninj

This, but it's a bit of a moot point. The government has no plans to legalize unregulated trafficking and production, which are the offences in question here.

[Dr. Caligari]

If pot is eventually legalized, would this effect Dean's pot conviction, and if so, in which way?

I have no idea how this would work in Canada, and I haven't looked up what happened in those U.S. states that have recently legalized marijuana. But I do (vaguely) remember from law school what happened in the U.S. when alcohol prohibition was repealed: the courts held that, not only was alcohol legal from the date of repeal, but that criminal prosecutions for pre-repeal violations were "abated" by the repeal if the criminal case was still pending. Criminal convictions which were already final were allowed by the courts to stand, but President Roosevelt pardoned most (but not all) of the people still serving time for alcohol violations (he didn't pardon the ones who were believed to have been members of violent criminal gangs).

[Llwellyn]

The recently elected Canadian Government are looking a 'De-Criminalizing' pot/weed/marijuana .. That is the first step to EVENTUALLY legalizing it, but.. the first step, is at least 6 months away, if not longer. Then, once decriminalized it can then be looked at legalizing it.. that in its self will probably take another 2 or 3 years.
And, that is probably an optimistic view of the changes, in time frames.

For Dean, what this means.. near to nothing, unless the Judge at Sentencing, decides to defer or mitigate for the drugs charges.. (not gonna happen the, because it hasn't been decriminalized yet). That being said, Dean could, at a later date, apply for a review of the drug charges once it has been decriminalize, and then could get mitigation. Again, doubtful that will happen either.

Llwellyn
Guardian and Keeper of the Tor

[Wake Up! Productions]

If pot is eventually legalized, would this effect Dean's pot conviction, and if so, in which way?

I have no idea how this would work in Canada, and I haven't looked up what happened in those U.S. states that have recently legalized marijuana. But I do (vaguely) remember from law school what happened in the U.S. when alcohol prohibition was repealed: the courts held that, not only was alcohol legal from the date of repeal, but that criminal prosecutions for pre-repeal violations were "abated" by the repeal if the criminal case was still pending. Criminal convictions which were already final were allowed by the courts to stand, but President Roosevelt pardoned most (but not all) of the people still serving time for alcohol violations (he didn't pardon the ones who were believed to have been members of violent criminal gangs).

I understand that it is all theoretical until the law is actually written, but I suppose it would be possible to see Dean get a reduction in his sentence sometime in the future. Ninja does bring up a good point as far as the guns being tied in to the pot.

[Burnaby49]

If pot is eventually legalized, would this effect Dean's pot conviction, and if so, in which way?

I have no idea how this would work in Canada, and I haven't looked up what happened in those U.S. states that have recently legalized marijuana. But I do (vaguely) remember from law school what happened in the U.S. when alcohol prohibition was repealed: the courts held that, not only was alcohol legal from the date of repeal, but that criminal prosecutions for pre-repeal violations were "abated" by the repeal if the criminal case was still pending. Criminal convictions which were already final were allowed by the courts to stand, but President Roosevelt pardoned most (but not all) of the people still serving time for alcohol violations (he didn't pardon the ones who were believed to have been members of violent criminal gangs).

If the new federal government made marijuana totally legal tomorrow it wouldn't affect Dean's conviction, that would still stand. It might influence sentencing but maybe not. As Bill pointed out Dean was not convicted of simple posession. Additionally we don't have your free and easy pardoning system where the president or any state governor can pardon whomever they want without any justification. If Dean was to be pardoned he'd have to give the government a good reason. His background, the guns, and his long-term defiance of government authority over him would probably count against him. A few years back the government significantly increased the difficulty of getting a pardon because of a high profile case involving a sexual offender;

http://www.theglobeandmail.com/news/wor ... le7217712/

However that was under the Conservatives. It is entirely possible the new Liberal government wil relax the rules.

[Wake Up! Productions]

Dean/his webmaster aren't the smartest rocks in the bunch. I have set up 2 new youtube accounts, specifically to bait Dean/his webmaster. I really don't care if these 2 Youtube channels get shut down, this is more just entertainment for me at this point. And it's working, so far 3 new copyright claims for videos that he doesn't own the copyright to. It is only a matter of time before Dean's NEW channel get's TERMINATED !!!

[pigpot]

Dean/his webmaster aren't the smartest rocks in the bunch. I have set up 2 new youtube accounts, specifically to bait Dean/his webmaster. I really don't care if these 2 Youtube channels get shut down, this is more just entertainment for me at this point. And it's working, so far 3 new copyright claims for videos that he doesn't own the copyright to. It is only a matter of time before Dean's NEW channel get's TERMINATED !!!

Just as a matter of record, did "Dean's" channel get terminated?

[Wake Up! Productions]

Just as a matter of record, did "Dean's" channel get terminated?

To date Dean/webmaster has filed 8 copyright takedowns over all of my channels. I have filed counter claims on all of them. Each counterclaim takes a MINIMUM of 10 days to investigate.

Edited to add:

Interesting to note that the video Dean MOST wants down is the "F*CK YOU" Justice Chris Martin video. I wonder why?

[pigpot]

Just as a matter of record, did "Dean's" channel get terminated?

To date Dean/webmaster has filed 8 copyright takedowns over all of my channels. I have filed counter claims on all of them. Each counterclaim takes a MINIMUM of 10 days to investigate.

Edited to add:

Interesting to note that the video Dean MOST wants down is the "F*CK YOU" Justice Chris Martin video. I wonder why?

You avoided the question.

Just as a matter of record, did "Dean's" channel get terminated?

[Wake Up! Productions]

Here you go Deaner:

Man recants oath to Queen after citizenship http://www.thespec.com/news-story/61420 ... tizenship/

A Toronto man has recanted what he calls the "royalty part" of the mandatory Oath of Allegiance to the Queen after becoming a Canadian citizen this morning.

Dror Bar-Natan, a 49-year-old math professor from Israel, was one of three permanent residents who challenged the constitutionality of making citizenship conditional on the pledge to the Queen, her heirs and successors.

[Burnaby49]

Here you go Deaner:

Man recants oath to Queen after citizenship http://www.thespec.com/news-story/61420 ... tizenship/

A Toronto man has recanted what he calls the "royalty part" of the mandatory Oath of Allegiance to the Queen after becoming a Canadian citizen this morning.

Dror Bar-Natan, a 49-year-old math professor from Israel, was one of three permanent residents who challenged the constitutionality of making citizenship conditional on the pledge to the Queen, her heirs and successors.

I wrote about Bar-Natan's anguish at having to swear allegiance to the Queen here;

viewtopic.php?f=48&t=10167&p=174788&hil ... ch#p174776

[Wake Up! Productions]

The "Free Dean Clifford" Facebook page https://www.facebook.com/freedeanclifford/ (run by Rob Smith - Counsel viewtopic.php?t=9897 ) is no more. It has been renamed the "Live Free" page.

Dean has personally requested his name be removed from this community. You may feel that's unfortunate but this community was never intended to be Dean's but rather about independent minded individuals like Dean who feel he shouldn't suffer from policy violations as opposed to harming others.

Records show that Dean has been wrong in the past just as you and I have been and will be in the future but the punishment must fit the "crime". Excessive punishment becomes torture and we must strive to turn the other cheek whenever possible.

We definitely must NOT continuously beat on our fellow man as the corporate methods of justice teach us to do. No one belongs in prison for owning property whether it be firearms or plants or a car for that matter. The system has been derailed for a long time and it's time to either force it back on tracks or eliminate it.