Dozens of people filled a Kelowna, B.C., courtroom on Friday morning to support local freedom rally organizer David Lindsay.
Lindsay headed to trial after he was charged with assault during a protest at the Interior Health building in downtown Kelowna in August 2021.
“They are saying I assaulted them, and that is essentially what it comes down to. I think the trial will show that there was no assault,” said Lindsay.
The assault trial is scheduled to begin on the first of March and is expected to last for two days.
Lindsay has since filed a Notice of Constitutional Challenge against the RCMP, arguing, “They have no jurisdiction over the arrest nor the investigation that followed.”
“That the agreements between the province and the federal government are unconstitutional under the original British North America Act and now the constitution act of 1867.”
According to Vancouver lawyer Kyla Lee, people can challenge the constitution if they feel the arrest is unlawful.
However, Lee said these challenges are often unsuccessful, saying the bar for police to arrest people is very low.
“A caution to people who find arguments on the internet that suggest that the police don’t have the power to do what they’re doing: you should always consult with a lawyer before bringing any of these arguments,” said Lee.
“Courts don’t take kindly to people who bring arguments that are based in nonsense. Sometimes when the judge is mad at you that can sometimes make your case go worse.”
In response to Lindsay’s request, the judge decided to proceed with the assault trial first. The constitutional challenge would follow if Mr. Lindsay is found guilty.
“I’m expecting to be found innocent and not guilty — not just not guilty but innocent. I am looking forward to exposing the fact that this was a political charge only,” said Lindsay.
Lindsay has served time in jail for not paying taxes and has seen the inside of a courtroom for both civil and criminal proceedings.
He is also currently being sued by the city of Kelowna for organizing freedom rallies in public parks without obtaining permits.