Well, time to finish this off.
The majority of the remaining Gerber affidavit exhibits date to June 27, 2006. First is an “Affidavit” of Robert-Scott: Christy (Exhibit P), “a non-consenting and ungoverned Freeman-on-the-Land who is not a child of the province.” It hints at attempts to implement the strategy in Menard’s “Parking Tickets The Scam Revealed!” book. The parking ticket is a bill, and is not “endorsed”. Vancouver is a legal fiction “without soul or conscience” and unless Christy has contracted with Vancouver it has no basis to bill.
The Affidavit repeats earlier arguments, including that the police stop was “extortion and unlawful”, so the ticket is unenforceable as “the result of duress.”
We get the “quazi-criminal” proceding argument again, along with the requirement for negotiation and discussion. Lots of rhetoric:
20. I do not consent to be governed by a corporation or by those who due to their own lack of honour, responsibility and character insist on operating under limited liability nor do I consent to having my Spirit hindered by soulless fictions.
21. The Corporation of the City of Vancouver is not now and has never been ‘Regina’ to me as I am my own Sovereign.
22. As a responsible Freeman-on-the-Land I do not consent to being governed by those lesser beings that require limited liability due to their own lack of personal responsibility.
The argument now expands to not merely consent being necessary for Vancouver, but any government:
24. I believe the only form of government recognized as lawful in Canada is a representative one. Representation requires mutual consent and I have never consented to being governed by a corporation. I have a soul; The Corporation of the City of Vancouver does not. Only a fool would allow a soulless fiction to dictate the actions of their conscience.
And now we have a shift in focus, one that will make up most of the June 27 documents. Rob and Rob specifically target Gerber, and demand she pay $27,130 “for the damages and harm she has unlawfully and unprofessionally caused":
26. I do believe she harmed my family relationships and my standing in my community by denying me my day in court and denying me lawful defence options. These actions have eroded my faith in the courts and the justice system and as such maintaining societal membership is no longer a viable option, as all societies need a system of justice which is fair and impartial and it seems obvious to me people in British Columbia no longer have that available to them, due mostly to the arrogant and deceptive practices employed by people like Ellen B. Gerber.
And once more, notaries are the actual judges:
29. I believe it is entirely lawful for me to seek justice and remedy using a member of the Notary Society and this sworn and uncontested Affidavit.
30. I believe a Notary Public has the power to craft and endorse court orders if they result from uncontested Affidavits and that these court orders as they are the result of default cannot be overturned by any court.
Notarized by Chad C. Kwon.
Exhibit Q, is a “Bill of Exchange” demanding payment:
Ellen B. Gerber you are hereby unconditionally ordered to pay within ten days of receipt of notice of the existence of this lawful bill of exchange the sum certain of $27,130.00 Canadian Dollars by way of certified cheque given to the Notary Public herein listed for delivery of the drawer of this bill.
The document instructs Gerber “a human being in a common law jurisdiction” to send payment to Notary Chad C. Kwon of Burnaby.
Exhibits R and S are letters that likely accompanied the Affidavit and Bill of Exchange. The first is from Rob, demanding payment of the $27,130:
… for unlawfully denying him a fair trial and having a serious negative and unlawful effect upon his life …
Your actions in dragging these proceedings on created much stress in his life and did have a very negative effect on his personal family relationships and did harm his standing in the community. You did in fact stop him from speaking the truth and expressing his belief which is required for any member of a society to feel included. … A fair trial would have allowed him to present information which may have changed the way in which bylaws are enforced. To claim that a fair trial is a right and then to deny that right to such a degree that it is impossible to achieve at all and then to claim that no trial is the remedy for a lack of a fair trial is ludicrous. It is akin to interfering with someone’s right to speak by punching them in the mouth and then claiming the remedy for this assault and negative effect on communication is to cut out the tongue. … By denying him a fair trial you denied him an opportunity to lay a foundation which would have been used in a civil action against the West Vancouver Police. A lack of trial does not begin to cover the damages you caused.
Your actions have reinforced his previous belief that The Corporation of the City of Vancouver is engaged in a fraud without granting him the relief of judicial acknowledgement or an opportunity to publically address these issues in an open and public court. Your temporized, were rude and unprofessional and you acted with arrogance unbefitting a court office purporting to serve the public. Your actions seriously eroded his faith and trust in the judicial system and he now no longer trusts it at all.
We get a break down on the bill: time - $2300, gas - $130, “emotional and general harm” - $12,000, “Lost Opportunities” - $7000, “Punitive and Exemplary Damages” - $5000, and $1000 for transcripts.
Then it’s the notaries again:
Because of your actions, Rob expressed a complete lack of faith in the judicial system and in the Law Society of British Columbia, and since the Law Society seems to have a strangle hold on the courts remedy will be sought lawfully using Affidavits and the power of a Notary Public. If you fail to dispute or pay, a court order directing a Bailiff to seize and auction sufficient property of yours to cover this claim will be created. A Notary Public has the power to do all of this under Section 18 of the Notary Act. Any dispute must be in the form of a sworn Affidavit of your own making and created under threat of perjury and upon your full commercial liability. If you do not dispute the facts stated in the Affidavit within ten (10) days, the facts within it will be deemed as uncontested and thus as truth accepted by all affected parties. If the Notary listed below does not receive either payment or disputing Affidavit a default judgment will be issued against you, as well as a permanent estoppel forever barring ‘The Corporation of The City of Vancouver’ from enforcing bylaws without consent or contract.
Having spoken with Robert Christy, I have managed to get him to agree to forego the punitive and exemplary damages in lieu of a written apology which acknowledges his status as a Freeman-on-the-Land. I hope you appreciate my efforts on behalf.
And the Notary is Chad C. Kwon, again.
Of course, Rob can’t help but put in a threat:
NOTICE: Attempting to contact him for any reason besides delivering your Affidavit or payment will be viewed as obstruction of justice and may lead to criminal charges. You may if you wish contact me for discussion and negotiation purposes only at 604 721 0890.
Exhibit S is the letter from Christy. It’s just more rhetoric about how Christy is going to opt out of state authority, you’re a jerk Ms. Gerber, he complains on how this has stressed out his wife and kid, etc. etc. No point in quoting from it.
So, the June 27 documents provide us with that classic maxim – an unrebutted affidavit is truth … or at least as far as notaries go. With their magic powers.
Exhibit T is a letter from Rob to Gerber, dated July 12. He threatens that not being referred to by his proper “lawful status” “an actual Freeman-on-the-Land could be seen as insulting and a potential tort.”
Apparently Gerber wrote Notary Chad Kwon, but in an unsatisfactory way:
… Be aware the truth requires neither your agreement nor does it need any concession from you; it merely is. The truth in this matter will be determined by sworn or duly attested Affidavits only. Your letter was not an Affidavit and therefore has been deemed by the Notary Public in his capacity as a Notary to be a non-response to the claims made in the originating documents.
I am thankful for your communication and for the wisdom of the Notary who recognizes as I do that it was not sworn or attested and thus is deemed to be a non-response, at least as far as us establishing the truth with Affidavits is concerned.
Unless you respond with a sworn Affidavit disputing each point made in mine, the points left undisputed will be deemed judicially to be truth and binding upon all. This seems really fair and merely binds you to the law and the truth like everyone else. I see no problem with that and do not understand why you would wish to claim otherwise.
If you fail to dispute an order will be signed and Notarized and this judgment may result in a lien on property, a garnishee of wages, an enforcement order, civil action, or perhaps action against your principal(s). I mean this only as a fair and lawful warning.
Have you ever played poker? You can not ‘ante up’ without actually throwing into the pot and merely saying you do ante and in reality not doing so means you lose.
Your letter in no way covers the Affidavits in this file.
Notably, though this document has a spot for the Notary Public that was left blank. Did Kwon finally catch on?
Now we move into the Three / Five letters procedure. Exhibit U is a July 20, 2006 “Notice of Default and Opportunity to Cure”.
Ellen B. Gerber you are herby served Notice of the following.
Whereas Robert-Scott: Christy did make certain claims against you, and
Whereas proper Notice of said claims was properly served on you, Ellen B. Gerber, and,
Whereas you, Ellen B. Gerber did fail to dispute said claims or make counterclaim in the proper fashion and within the allotted time, and
Whereas a bill of exchange as defined in the Bill of Exchange Act was created and endorsed by Robert-Scott: Christy, and,
Whereas a copy of that bill and Notice of how to accept was sent to you, Ellen B. Gerber, and
Whereas you, Ellen B. Gerber did dishonor said bill by non-acceptance, and,
Whereas a Notice of Default and Opportunity to Cure is hereby created, therefore,
BE IT NOW KNOWN TO ANY AND ALL CONCERNED PARTIES
that Ellen B. Gerber is in default and dishonor in regards to a bill for $27,130.00 lawfully created, endorsed and served upon her.
This Notice is to inform you that you have ten days to cure this default and failure to do so will result in judgment secured against you for the full amount.
Response must be made in the form of a duly sworn or attested Affidavit and created upon full commercial liability and under penalty of perjury and received within ten days of service of this Final Notice by the Notary Office herein listed. Default will result in judgment against you.
GOVERN YORSELF ACCORDINGLY
Yep, Chad C. Kwon, Notary Public of Burnaby B.C. notarized this one too. I guess he didn't catch on.
One would expect the next document would be that impending and threatened default judgment, but it’s not in the package. What gives? Did Rob and Rob decide not to continue the scheme? Did Chad C. Kwon, Notary Public bother to read the documents put in front of him and had a wee ‘ah ha!’ – perhaps pretending to be a judge is not such a good idea? Who knows.
Christy was found guilty in two of the four tickets on September 12, 2006, not guilty on another. One remained outstanding.
The next day Christy responded with a document called a “Lawful Public Notice” – this is Exhibit V of the Gerber affidavit. It deploys some more standard Menardian Freeman defences, including the split/double person:
5. Freeman-on-the-Land Robert-Scott of the Christy clan was not and is not surety for CHRISTY, Robert Scott, nor does Freeman-on-the-Land Robert-Scott of the Christy clan exist in any association with that entity.
…
7. Claim is hereby made that the trial conducted on September 12, 2006 and its outcome and any security interest generated by that transaction has nothing whatsoever to do with Freeman-on-the-Land Robert-Scott of the Christy clan and that any one who attempts to claim or acts otherwise is committing a fraud and a tort. Failure to dispute constitutes acceptance.
Does this imply Rob and Rob have unshackled the Strawman? If so, there’s no documentary record of that in the materials.
And Gerber allegedly committed a criminal act by not presenting her BAR card on demand:
2. Freeman-on-the Land Robert-Scott of the Christy family did demand Ellen B Gerber produce her BAR card and she refused to do so and thus did commit an offence against Section 337 of The Criminal Code of Canada.
Which reads:
337. Every one who, being or having been employed in the service of Her Majesty in right of Canada or a province, or in the service of a municipality, and entrusted by virtue of that employment with the receipt, custody, management or control of anything, refuses or fails to deliver it to a person who is authorized to demand it and does demand it is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
No basis for why you need to produce a BAR card on demand. Or even what a BAR card is. (I wish I had a BAR card.)
I have no idea where this document would be deployed. It shows no sign of being filed. Was it mailed to someone? In any case, it ends:
IT IS UNLAWFUL TO REMOVE THIS NOTICE WHEN PUBLICALLY POSTED.
YIKES! I guess I won’t touch this then. Online it stays!
So, this time we have four Menardian motifs:
- a) the Strawman is subject to criminal sanction and to unfavourable judgments, but not the not-a-Strawman half.
b) there are BAR cards.
c) failing to present a BAR card is a criminal offence.
d) denying the truth of the Strawman is “a fraud and a tort”.
One last document. Exhibit W. A “NOTICE to CEASE AND DESIST” from Rob, dated October 31, 2006. It references a trial scheduled at some point in the future. My guess is its the Nov. 17, 2006 trial where Christy once more gets found guilty and fined. But I don't know - Rob and Rob don't cite a docket number.
Anyways, not much new. Rob says Christy is not the Strawman, he has revoked his consent, doesn’t want your letters, and demands Gerber cease and desist.
And that’s it.
On November 17, 2006 Christy was found guilty of another ticket offence and fined. Nothing Rob or Rob did stopped that.
In total, the following Menardianism appear and apparently did not work:
- 1) the existence of the Strawman double/split person
2) that the Strawman is subject to state authority, not the human being
3) you can refuse to be liable to Strawman-based obligations or penalties
4) there is a constitutional obligation on state actors to clarify whether an action is directed against the Strawman vs shackled human being
5) denying the truth of the Strawman is “a fraud and a tort”
6) some kind of A4V scheme
7) the courts only have authority when a person consents to be subject to the court’s authority
8) a court judgment is a contract offer that can be rejected if you don't like it
9) that some kind of out-of-court dialogue and negotiation is a prerequisite to court jurisdiction
10) saying that you are under duress miracles away any document you signed
11) conforming with government legislation and regulation is “threats” which nullify a signed document or agreement
12) a ticket or other document that creates a fine or sanction is a commercial security
13) a birth certificate is a commercial security
14) government actors are corporations and so only can enforce contacts with persons (i.e. no consent means no authority to enforce legislation and regulations)
15) a government (or other) actor that does not respond on a deadline is deemed to have agreed unless it responds to the contrary:
- a) in response to a constitutional issue application,
b) in response to a foisted unilateral judgment from a fictitious court-like authority, and
c) to anything in someone else’s sworn affidavit – the unrebutted affidavit is truth in law
16) Notaries have magical judgment-making powers that are parallel to or trump those of courts
17) A Notary's decision cannot be appealed
18) Notaries have search, seizure, and liquidation authority when enforcing Notary "judgments"
17) If you give a Notary an affidavit then the Notary can make a default judgment out of that. If the affidavit is countered then presumably a Notary is a judicial finder of fact/law? Seems the logical endpoint
18) There are BAR cards.
19) Failing to present a BAR card on demand is a criminal offence
20) Saying you're a Sovereign gives you magic powers
21) Saying you're a Freeman-on-the-Land gives you magic powers
22) Denying the truth of Freeman-on-the-Land status is "a fraud and a tort"
So I have some closing thoughts. We can now put some concrete dates to Menard’s knowledge that the ideas he has promoted were false. The majority of those were rejected by the British Columbia courts by 2006. Menard did not choose to appeal those results, but continued nevertheless to teach ideas that he knew were wrong. There is no evidence in the B.C. Courts Online of an attempt to enforce a debt against Gerber.
The Christy lawsuit files cover
most of Menard’s pseudolegal schemes and concepts, though I see no explicit evidence that at least four major Menardian memes were addressed:
- 1. The “Notice of Intent, Understanding, and Claim of Right” documents allow an individual to ‘opt out’ of state authority.
2. One can create and enforce a “fee schedule” against state actions you don’t like.
3. That when the Charter of Rights and Freedoms mentions “the security of the person” in section 7, that means an A4V secret bank account.
4. His “consumer purchase” scheme for paying for stuff by writing “consumer purchase” on a bill, or by using the Menard Card based on that service.
5. The "Rob pays you a Dollar and you become a C3PO" fake peace officer scheme.
That said, the logical basis for item 1 would seem to collapse given the fact the Christy matters proceeded to conviction even though Christy said he didn't consent. Similarly, the failure of the various foisted unilateral thingies logically indicates a Fee Schedule would be equally ineffective.
Post-Christy we have no evidence that Menard ever again entered a courtroom. If he had done so in the period prior to the Law Society of British Columbia’s injunction then we could expect that to have appeared in the injunction application’s supporting materials. Similarly, there is no evidence Menard has ever challenged the injunction and appeared in court. That would be very likely documented on the B.C. Law Society’s website in a subsequent contempt application, or in the British Columbia Courts Online service, or as reported case law.
Menard does not appear to have subsequently personally used any of the schemes and strategies deployed in the Christy litigation, or directly assisted another individual in the implementation of these ideas. In fact, I believe we only have one record on which to infer that Menard ever personally using any of his ideas – his 2004 transit ticket action (file #135998) where he was found guilty and fined $50. This post-dates his alleged success reported in
Violation Tickets and Appearance Notices De-Constructed (Volume #2).
That said, Menard's ideas are promoted to this day on the World Freeman Society website by written materials for sale there which advocate these very concepts.
Menard has, of course, said that his techniques work. We now know that is false – he personally has failed. He has, for years, blamed his customers/followers for improperly implementing his “fun” strategies. We now know Menard himself did no better than anyone else.
All this is interesting and provides a useful historical narrative, but I think there’s another lesson here – one of a lost opportunity. The Christy litigation offered a chance to debunk at an early point a huge cluster of toxic memes that have caused harm to many. These documents have been sitting in court files since 2006. The Law Society of British Columbia knew about Menard and his concepts – in detail – by 2007. By 2008 the Gerber affidavit and its supporting affidavits were a public record. I believe that skeptics and critics of Menard have been aware of the January 8, 2008 injunction against Menard for many, many years.
I can only guess at what point the injunction became common knowledge in the Freeman community.
Only now do we have these documents in the public’s hands.
Here’s what we lost. And by “we”, I mean everyone – in Canada and elsewhere, both skeptics, ordinary citizens, “Freemen-on-the-Land”, OPCA affiliates of all kinds – all of us. We had a chance to know that the courts had already considered and rejected a very broad slice (probably the majority) of the ideas advanced by Robert Arthur Menard. We had a chance to say, conclusively: here’s the paperwork, here’s the result. I won’t tell you what it means – just read.
Instead, we get this data almost eight years too late.
Why too late? Because there are many persons who have oriented their lives, finances, families, jobs around concepts promoted by a man who knew that when he put those same ideas to the court they proved ineffective. He personally tried to use them in a court – and observed the result. That has cost everyone: court resources, police attention, regulatory and tax enforcement resources, persons have been arrested, tried, found guilty, lost their homes, jobs, vehicles. And worst – these ideas have interfered with families. It’s a toxic mess.
So, then, lessons learned? I actually don’t fault the persons who were well positioned to use this information at an earlier point. It would have been great if Justice of the Peace Makhdoom had written on the subject, presumably some other Provincial Court judge or judges were involved at some point. It would have been great to have a published decision to guide interested individuals. I know why that didn’t happen – why commit the time to rebut these freakishly weird, amorphous ideas? Who knew these memes would have then been spread and applied by many?
It would have been great if the Law Society of British Columbia had made this information public. Frankly, I think that’s a significant error – it’s a good thing to post online what persons have engaged in an unauthorized practice of law (
http://www.lawsociety.bc.ca/page.cfm?cid=188), but more specifics would have been an enormous benefit. Why doesn’t the Law Society post the supporting affidavits in these matters? I don’t know – I think it subverts the purpose of publicizing unauthorized lawyering activity if one just only knows a name. The public also benefits from knowing the kind and structure of the scam.
Similarly, the Society of Notaries Public of British Columbia likely had some inkling of what was going on. Adriana Baggio’s involvement with the “Default Judgment” is deeply disturbing – first that she notarized that document, and second if her action did not lead to some complaint to her and/or the Society. Chad C. Kwon doesn't come out smelling like a bouquet of roses, either. Here in 2006 we have the clear indication that the operation and function of notaries is being badly misrepresented, and that their authority (as claimed!) was being used as a weapon. This was a chance for an affected professional organization to act.
Now, I want to clarify that these two professional Societies have been leaders in Canada in responding to OPCA litigation and gurus. That’s worth a lot – the Notaries in particular have taken point in the public arena, and they deserve credit for that. What I am stressing here is that there was an opportunity – at an earlier, critical point – to cut this entire parasitic meme off at the knees. The material and judicial result was there – it just wasn’t exploited.
And Menard (wisely enough) never went back into a courtroom again.
Let’s contrast that with Dean Clifford. The SS Clifford is adrift, listing, on fire, leaking like a sieve, and has been the subject of criticism, mockery, and defections. Part of that is due to Dean being apparently unable to stop himself from a protracted campaign of self-injury – but a second and I think critical factor is that there are now resources available to investigate and debunk false claims. Disclosure of court materials has proven an issue for Dean. So has access to court records of what was heard when and the result. Sure, there are costs involved to recover some if these items, but the result – globally – is substantial.
Ultimately one can hope that court documents and activity logs will become more accessible and that will, no doubt, make it much harder for conmen such as Menard and Clifford to ply their trade. We also have the wonderful trend that courts are writing on these subjects, and their judgments are detailed both in response to the legal issues and in disclosing the scams and their associated paperwork.
In the meantime, I at least am quite happy to stroll over to my local Federal Court, plunk down a few coins, and shine a light into the dark corners. It’s a worthwhile investment.
And I do NOT want to dwell on how much pain could have been avoided if someone had taken that step in 2006-2008 with these items.
Again – thanks to Our Friend. Better late than never!
SMS Möwe