“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 represented the banks 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/...05bcsc1730.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.
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
