"Organized Pseudolegal Commercial Arguments ["OPCA"] as Magic and Ceremony"
A new article by Donald Netolitzky, Alberta lawyer, very infrequent Quatloos contributor, and indefatigable OPCA author. Actually his job title is "Legal Counsel for the Alberta Court of Queen’s Bench" which probably means he's a hit man for the dreaded Judge Rooke. He apparently fills an unusual function. As I understand it he's a lawyer working for the court itself rather than as a prosecutor or legal consultant.
Anyhow here's the paper.
https://www.researchgate.net/publicatio ... d_Ceremony
A manageable 58 pages if, like me, you skip the footnotes. Somehow I can struggle through my blank endless days without resorting to close examination of things like this;
There is one interesting footnote however. Page 4 has this;6 Kaitlyn Compari, “The Moorish Science Temple of America and the Legal System:
Exploring the Need to Take Proactive Measures Against Radical Members of an
Incorporated Religion” (2014) 15:3 Rutgers JL & Religion 507; Spencer Dew,
“Washitaw de Dugdahmoundyah: Counterfactual Religious Readings of the Law”
(2015) 19:2 Novo Religio 65; Spencer Dew, ““Moors Know the Law”: Sovereign
Legal Discourse in Moorish Science Religious Communities and the Hermeneutics of
Supersession” (2016) 31:1 JL & Religion 1:70 [Dew, “Moors Know”]; Bill Osinski,
Ungodly: A True Story of Unprecedented Evil (Macon: Indigo Publishing Group,
2007); Susan Palmer, The Nuwaubian Nation: Black Spirituality and State Control
(New York: Routledge, 2016).
7 Donald J Netolitzky, “The History of the Organized Pseudolegal Commercial
Argument [OPCA] Phenomenon in Canada” (2016) 53:3 Alta L Rev 609 [Netolitzky,
“OPCA History”] at 624-27; Barbara Perry, David C Hofmann & Ryan Scrivens,
“Working Paper 17-02: Broadening our Understanding of Anti-Authority
Movements in Canada” (Waterloo: TSAS, August 2017).
8 E.g. Angela P Harris, “Vultures in Eagle’s Clothing: Conspiracy and Racial Fantasy in
Populist Legal Thought” (2004-2005) 10 Mich J Race & L 269; Susan P Koniak, “The
Chosen People in our Wilderness” (1996) 95 Mich L Rev 1761 [Koniak, “Chosen
People”], Susan P Koniak, “When Law Risks Madness” (1996) 8 Cardozo Stud L & Lit
65 [Koniak, “Law Risks”]; Francis X Sullivan, “The “Usurping Octopus of
Jurisdictional/Authority”: The Legal Theories of the Sovereign Citizen Movement”
(1999) Wis L Rev 785; James M Vache & Mark Edward DeForrest, “Truth or
Consequences: The Jurisprudential Errors of the Militant Far-Right” (1997) 32:3
Gonz L Rev 593; Mark Edward DeForrest & James M Vache, “Truth or Consequences
Part Two: More Jurisprudential Errors of the Militant Far-Right” (2000) 35:3 Gonz L
Rev 319.
And what's in footnote 12?Post-Meads, appreciation of the social significance and illegal consequences of
pseudolaw has led to academic investigation, a growing collection of highly detailed
and responsive case law,12
In other words Alberta Queens' Bench seems to have been supplying almost all of the cases that Donald, an employee of Queen's Bench, has been using for his academic research. Very convenient. Does he sit at home Saturday night banging away on his keyboard and saying to himself "Gee, I could really use a good case on fake banks in Britain to round this off, let's just check next week's docket"?12 E.g. Fearn v Canada Customs, 2014 ABQB 114, 94 Alta LR (5th) 318 [Fearn]; Bank
of Montreal v Rogozinsky, 2014 ABQB 771, 18 Alta LR (6th) 1 [Rogozinsky]; Servus
Credit Union Ltd v Parlee, 2015 ABQB 700 [Servus]; Crossroads-DMD Mortgage
Investment Corporation v Gauthier, 2015 ABQB 703, 28 Alta LR (6th) 104
[Crossroads]; Fiander v Mills, 2015 NLCA 31, 368 Nfld & PEI R 80 [Fiander]; Bossé v
Farm Credit Canada, 2014 NBCA 34, 419 NBR (2d) 1, leave to appeal to SCC refused
36026 (11 December 2014) [Bossé]; Pomerleau v Canada (Revenue Agency), 2017
ABQB 123 [Pomerleau].
He checks and Quatloos gets Parlee;
viewtopic.php?f=48&t=10878&p=216604
Coincidence?