“The People vs The Banks”
Vancouver, British Columbia, February 27, 2006
The People shut the court down after about twenty minutes into the
hearing scheduled to be heard on February 27, 28 and March 1, 2006.
After intensive questioning by the People represented by John-Ruiz:
Dempsey, Pavel-N: Darmantchev, Pedro Liong and Otto Luinenburg, the
presiding judge, Nicole Garson got out of the courtroom and left after
she gave the Sheriff an order to clear the courtroom. Game over, the
banks’ motion to dismiss the People’s claim will not be heard – at
least for now.
The People came prepared, knowing they are being led to the slaughter
by the banks’ lawyers and the judge who prior to becoming a Supreme
Court judge has represented the banks as lead counsel for one of the
defendant banks – TD Canada Trust; obviously a clear conflict of
interest which she refused to admit. Pavel said: “she had lots of
chances to recuse herself in order to avoid confrontation but she
failed miserably, presumably under the order of someone higher than
herself.”
John filed a Notice of Motion to be heard by the Chief Justice Donald
Brenner. Judge Garson took it upon herself to “hear” the motion in
clear violation of the Rules of Court which gave the moving party the
sole right to set his own motion for hearing. John was never given the
opportunity to file a Notice of Hearing; in fact it is not too clear
how the motion came to be heard or what caused John’s motion to be
heard; the People suddenly received a “Reasons for Judgment” released
by judge Garson on December 9, 2005. The People have no recollection of
any hearings being set or heard regarding John’s motion (see
http://www.courts.gov.bc.ca/jdb-txt/sc/05/17/2005bcsc1730.htm - Dempsey
et al. v. Envision Credit Union et al., 2005 BCSC 1730). It appears
like Garson J. decided to “hear” the motion and become the judge of her
own cause – in violation of the legal maxim: nemo judex in sua causa.
Apprehension of bias has been clearly evident since justice Garson was
appointed as case management judge. Her first biased act was to prevent
John from representing others despite the fact that John had private
power of attorney agreements with Pavel, Ian (Gravlin), Pedro and Otto
to represent them in court. As attorney-in-fact, it is trite law,
established by generations of jurisprudence, John can do all things
that his principals can legally do. The law regarding power of attorney
has existed long before any statute such as the Legal Profession Act
came into existence. Yet, the same judge who is supposed to be
our protector and public servant decided to violate and impaired the
People’s right of contract.
As humans, we have human rights and our rights are not subject to
statutory control. It falls within the sovereign individual paradigm as
reflected by the following US Supreme Court case:
"The individual may stand upon his constitutional rights as a citizen.
He is entitled to carry on his private business in his own way. His
power to contract is unlimited. He owes no such duty to the State,
since he receives nothing therefrom, beyond the protection of his life
and property. His rights are such as existed by the law of the land
[Common Law] long antecedent to the organization of the State, and can
only be taken from him by due process of law, and in accordance with
the Constitution. Among his rights are a refusal to incriminate
himself, and the immunity of himself and his property from arrest or
seizure except under a warrant of the law. He owes nothing to the
public so long as he does not trespass upon their rights." Hale v.
Henkel, 201 U.S. 43 at 47 (1905).
Justice Garson has shown her true colors and where her allegiance lies
by barring John to carry out his fiduciary duties to those who have
agreed to be his lawful attorney based solely on “judicial discretion.”
Judicial discretion has no validity when there is positive law;
judicial discretion cannot abrogate a living man or woman’s natural
rights; judicial discretion cannot overturn common law or statutory
law. In the case of the said power of attorney contracts entered into
between John and the people he represents, the contracts are even
protected by the Power of Attorney Act of British Columbia. Garson J’s
blatant disregard for the law is recorded in her Reasons for Judgment
in Gravlin et al. v. Canadian Imperial Bank of Commerce et al, 2005
BCSC 839
(http://www.courts.gov.bc.ca/jdb-txt/sc/05/08/2005bcsc0839err1.htm).
Justice Garson has shown her willingness and determination to bend over
backwards to the whims and wishes of the banks by bulldozing all the
bank class actions into one single action despite the objections of all
the representative plaintiffs involved in these class actions including
“The People vs. The Banks” class action. Although the class actions
involve similar causes of actions, not all the defendants are the same.
One thing is obvious however; the banks lawyers are clearly attempting
a judicial holocaust by herding all the class actions into one single
gas chamber (or judge chamber) so that all the class actions can be
slaughtered by one single judge/executioner in one fell swoop. John and
his co-plaintiffs will not allow that to happen. They represent the
People of Canada; they have the duty to ensure that such a planned
massacre against the People does not happen. “The People are counting
on us,” John said, “this is not up to one single judge to decide on our
class actions, it is the People who will ultimately decide on the
People’s fate, not judge Garson, this is the law of the land.”
There are other reasons why John and his friends believe that they are
being led to the slaughter such as: Garson J refused to strike the
banks’ statements of defence that really forms no reasonable defence.
For example, all the banks’ defence says that the class actions are
frivolous, vexatious, scandalous and an abuse of process, a typical
boiler plate defence that corrupt court always allowed corrupt
defendant lawyers to get away with. Such a defence is no defence at all
because it does not state why the class action suits are frivolous,
vexatious, scandalous or an abuse of process. It is an insult to the
People who know the truth.
Garson J has also allowed the banks to get away with serious violations
of the Rules of Court and established legal procedures by allowing the
banks’ lawyers to refuse to produce documents, answer Interrogatories,
and Notices to Admit. Based on our observation, it has been the normal
practice of the Supreme Court and the Court of Appeal, the highest
courts in the province to apply the rules only when they see fit.
Unrepresented litigants, particularly those who are not too familiar
with the rules of court have lost their cases due to such unfair double
standards. The People must follow the Rules of Court, but the lawyers
and judges, particularly those who gets paid handsomely by the banking
cartel need not be concerned about any rules. They make up their own
rules as they go along, and they have judges that makes them right all
the time.
As living men and women, we can only deal in truth. We can only deal
with what is wrong and what is right. The admiralty courts like the
supreme courts and appellate courts of the province only deal in
arguments, in fictions, in make-believe laws created by them, the “just
us” society. This is only one of the reasons why we have to shut them
down. We have no time for their arguments. Either they deal with us in
truth, or we will have nothing to do with their corruption. We are here
to set the People free, by way of the truth, not by arguing in court.
People lose in court because they argue. People are not allowed to
argue in court, only the “officers” of their admiralty courts are
allowed to make arguments in court. We play our own rules in their
courts – “for we can do nothing against the truth but for the truth.”
Justice Garson could not stand truth in her court room. Pavel asked her
many times: “are you a public servant?” Garson J refused to answer a
simple question with the truth. We already know the answer – she is
nothing but a public servant, she is our servant. Garson J. lost it
when the People in the court room themselves asked her: “why can’t you
answer a simple question – are you a public servant?” That was all the
heat she could take that day. She stood up and started to leave and
ordered the sheriff to clear the court room. However, before she
managed to get out of the court room, John and Pavel told her: “You’re
fired Nicole.” And all the People in the court said so: “You’re fired.”
At any rate, the matter is res judicata or already decided by virtue of
the fact that the banks have no answer to John’s Affidavit of Truth he
filed in court. The affidavit was intended to solicit answers from the
banks and establish the truth. In commerce, truth is established by an
affidavit. An unrebutted affidavit stands as truth in commerce. The
time for filing a reply has now passed. This means that the People have
already established the truth in accordance with the law of commerce.
In commerce, truth is sovereign and as sovereign, we, the People have
already established the truth. We have no time for the banks’ and their
lawyers’ arguments. They are precluded by estoppel.
So that was the end of that. We are ordering the transcript to make
sure that no one could tamper with the records if they have not yet
done so already. We will publish the contents of the court transcript
as soon as we receive it. What’s going happen next? Nothing. We, the
People are not going back into that temple until the court has
established that they have in rem or subject matter jurisdiction over
us. As sovereign men and women, they have no power over us, unless it
was given to them from above; or unless we accept their assumed power
or jurisdiction. God bless you all.
John-Ruiz: Dempsey
One of Many