City of Kelowna takes aim at ‘freedom rallies’ and their organizer

A notorious anti-COVID-mandates protester is facing a lawsuit from the City of Kelowna, B.C., that would potentially stop him and his like-minded companions from using public spaces for their so-called “freedom rallies”.

The City of Kelowna names David Lindsay, John and Jane Doe, and “persons unknown” in a petition filed this week and asks the courts for, among other things, a declaration that reinforces several existing bylaws and an order that would authorize Mounties to “arrest and remove” protesters who are contravening that bylaw by using downtown parks and street corners for processions and marches without written permission from the city.

The city is also asking that the same groups refrain from selling their merchandise, or erecting tents without the approval of the city and creating a nuisance with their public address and voice amplification equipment in such a way that disturbs the “quiet, peace, rest and enjoyment” of individuals and the public.”

According to the petition, Lindsay and company continue to contravene the provisions of the city’s bylaws by continually carrying out what the city calls unlawful events, and it is therefore entitled to an injunction to require them to cease such activities without the required permits.

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The petition states that Lindsay is the co-founder and spokesman of the unincorporated association known as “Common Law Education and Rights” or C.L.E.A.R.

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“In or about 2020, the respondent Lindsay began and continues to organize, lead, and carry out weekly ‘Freedom Rally’ events every Saturday at Stuart Park,” the city states.

These events include erecting gazebo-style tents in the park, setting up and using amplified sound system equipment and a megaphone on public roadways to make speeches, “in a manner that is liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public.”

There, they also sell merchandise, loiter in public roadways and walk in group parades.

All of these activities, according to the city, have been flagged and multiple bylaw contravention notices have been issued.

“The authorities in the municipal bylaw enforcement context are clear that where a breach is established, the discretion of the court to refuse to grant an injunction to enforce a bylaw is narrow and is reserved for rare cases, for example where the   injunction would not properly address the mischief the bylaw is aimed at preventing,”

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Lindsay is a staple in B.C.’s court system, having been involved with multiple court cases and ultimately being flagged as a vexatious litigant.

Last February he was charged with two counts of assault following an incident that took place outside of Interior Health’s building in downtown Kelowna during the summer of 2021.

That matter is headed to court in the next couple of months.