I noticed that today is the first anniversary of the release of A.C.J. Rooke's decision of
Meads v. Meads, 2012 ABQB 571, and in celebration of "Meads Day" I decided to do a little investigation on what has occurred during the previous year.
First, A.C.J. Rooke has spoken at a number of conferences on the subject of OPCA litigants and litigation, including a Canadian Bar Association national conference last month, and in the process has provided some details on just what subsequently happened in the
Meads v. Meads action itself. In brief, ::Dennis-Larry: of the Meads:: Family:: smartened up! He ditched the OPCA concepts, hired an actual lawyer, and reached a negotiated settlement with his now ex-wife. Unfortunately those are all the details I have been able to uncover, so the fate of Mr. Meads' bullion remains unknown to us curious snoopers.
As far as I am aware neither Meads has spoken to the public on the matter - and it's kind of hard to blame them.
That said, Ms. Meads lawyer, Michelle Reeves, has been interviewed (
http://www.canadianlawyermag.com/4463/t ... gants.html). She thinks it was an ambush!
Michele J. Reeves, a veteran litigation lawyer in Edmonton and counsel for Crystal Lynne Meads, says she does “a ton” of family law, and “another ton” of civil cases. Was Meads her first exposure to vexatious self-reps in a courtroom? “Hell no,” she says. “I’m old and it seems like it’s always been going on since I first entered a courtroom. Vexatious litigants are not the norm, but they are a common problem and feature in family law — and it’s not just self-reps.”
She says they are easiest to spot in morning chambers, where they derail proceedings over the need to produce documentation. “They come in and start their spiel, ‘That’s my commercial name, but it’s not me. I’m a sentient man, yadda, yadda, yadda.’ Sometimes they even bring in the Magna Carta. The poor judges sit there like the proverbial deer in the headlights,” she says. “You could never charge your client for all the time and trouble it costs to deal with all their shenanigans. They’d go broke. As a lawyer, you just have to have the patience to slug through it to the end. I like to tell people that dealing with vexatious litigants is like eating an elephant: you have to do it slowly, one bite at a time.”
In this case, she says she quickly realized Dennis Meads was “going to take us to Crazytown. And he wasn’t even that bad. But once it became clear that he was going to be difficult, I did what I always do in those cases, I brought in a motion for case management.” Normally, she adds, the judge will issue a decision on the matter. But in this case Rooke called the parties to open court. “That was interesting. I knew something was up.” She said it took only a few questions from Rooke for Dennis Meades “to start doing his thing.”
She says the judge listened patiently to all of his arguments, then declared he would render a written judgement — another rarity in a case like this, notes Reeves. “When you read his ruling it’s obvious that Justice Rooke had an agenda. He was waiting for a case like this.”
In the intervening year there has been broad-based reference
Meads v. Meads in Canada. I have identified a total of 31 decisions that cite
Meads v. Meads, here in chronological order:
- R. v. Bydeley, 2012 ONCJ 837 (http://canlii.ca/t/fwtwr)
Grattan (Re), 2012 NBQB 332, 395 N.B.R. (2d) 198 (not in CanLII)
Stancer (Re), 2012 BCSC 1533 (http://canlii.ca/t/ft9nt)
HSBC Bank Canada v. Lourenco, 2012 ABQB 648, 549 A.R. 2 (http://canlii.ca/t/ftjrr)
R. v. Duncan, 2013 ONCJ 160 (http://canlii.ca/t/fwsm0)
Scotia Mortgage Corporation v. Gutierrez, 2012 ABQB 683 (http://canlii.ca/t/ftq8h)
R. v. Martin, 2012 NSPC 115, 323 N.S.R. (2d) 376 (http://canlii.ca/t/fvfwl)
R. v. Lavin, 2013 ONCJ 6 (not in CanLII)
MacDonald v. Smith, 2013 NSSC 143 (http://canlii.ca/t/fxb0m)
[b]Cassa v. Canada[/b], 2013 TCC 43, 2013 D.T.C. 1060 (http://canlii.ca/t/fw1v5)
A.N.B. v. Alberta (Minister of Human Services), 2013 ABQB 97 (http://canlii.ca/t/fwx39)
R. v. Tyskerud, 2013 BCPC 27, 2013 D.T.C. 5049 (http://canlii.ca/t/fw4sw)
R. v. Valliere, 2013 ONCJ 158 (http://canlii.ca/t/fws16)
Law Society of British Columbia v. Goodwin, 2013 BCSC 537 (http://canlii.ca/t/fwsvd)
R. v. Sands, 2013 SKQB 115 (not available on CanLII)
J.A. v. New Brunswick (Minister of Social Development), 2013 NBQB 137 (not in CanLII)
R. v. Jastrebske, 2013 SKQB 150 (http://canlii.ca/t/fx72k)
A.R. v. Alberta (Child, Youth and Family Enhancement Act Director), 2013 ABQB 280 (http://canlii.ca/t/fxkb8)
R. v. Cassista, 2013 ONCJ 305 (http://canlii.ca/t/fxs0b)
Isis Nation Estates v. Canada, 2013 FC 590 (http://canlii.ca/t/fxr9t)
Banque Royale du Canada c. Minicozzi, 2013 QCCQ 6566 (http://canlii.ca/t/fzlg1)
R. v. Fischer, 2013 BCPC 154 (http://canlii.ca/t/fzf8j)
First National Financial GP Corporation v. Maritime Residential Housing Development Ltd., 2013 NSSC 219 (http://canlii.ca/t/fzkvt)
O'Brien v. Murchland, 2013 ONSC 4576 (http://canlii.ca/t/fznz5)
Haynes v. The Queen, 2013 TCC 229 (http://canlii.ca/t/fzqr1)
Sinclair-McDonald v. Her Majesty the Queen, 2013 ONSC 4900 (http://canlii.ca/t/fzs5k)
Dillon v. The Queen, 2013 TCC 242 (http://canlii.ca/t/fzxbs)
Dalle Rive v. The Queen, 2013 TCC 243 (http://canlii.ca/t/fzxbt)
1158997 Alberta Inc v Maple Trust Company, 2013 ABQB 483 (http://canlii.ca/t/g0bdl)
R. v. Westover, 2013 ONCJ 472 (http://canlii.ca/t/g098h)
Dominique (Re), [2013] O.R.B.D. No. 2236 (not in CanLII)
R. v. Leonard, 2013 ABQB 531 (not in CanLII)
In every reported decision
Meads v. Meads has been either applied or acknowledged as an authoritative source.
Meads v. Meads has been similarly endorsed by reported decisions in four Commonwealth jurisdictions, in two instances by appellate courts:
Of all these cases I think the most unusual application of
Meads v. Meads is in
Dominique (Re), which is a decision of an Ontario tribunal that evaluates the status of persons who are detained for mental health reasons. One issue in that decision is whether a refusal to acknowledge the authority of the courts is a basis to conclude a person is unfit for trial due to mental defect. The answer is no -
Meads v. Meads identifies an entire category of persons who deny court authority who are at least sane enough to face trial.
Meads v. Meads has been reported in three published case law reporters:
- [2013] 3 W.W.R. 419
(2012) 543 A.R. 215
(2012) 74 Alta. L.R. (5th) 1
These collect general purpose Western Canadian case law, so nothing particularly remarkable there.
Meads v. Meads has been the subject of considerable media and editorial attention. I will point out just a few examples of that which I identified in Canada and elsewhere:
Another development, and this is purely my qualitative opinion, is that the public as a whole now exhibits a far greater knowledge of and hostility to OPCA litigants, particularly the "Freeloaders-on-the-Land." Interest and knowledge of this particular judgment emerges ... well, pretty much anywhere! In forums about hockey, Irish poker discussions, even SomethingAwful.com.
At the end of 2012 the Canadian Legal Information Institute (CanLII) released statistics on how many times various court decisions had been accessed in 2012 (
http://www.canlii.org/en/blog/index.php ... cases.html). Though
Meads v. Meads was issued 3/4 of the way through the year, it was overall the third most accessed decision (13,378 views), and the second most accessed decision issued in 2012. CanLII also releases weekly reports of the top three referenced decisions, and
Meads v. Meads has appeared in many weekly lists to date in 2013.
Something else that I have noticed is that there are certain persons who are
not talking about
Meads v. Meads. That would be those who participate in Canada's Sovereign / Freeman-on-the-Land message forums. In fact, I would go so far as to suggest it has become "The Decision That Is Not To Be Named". Though many OPCA gurus commented on the decision shortly after its release, it has since been a non-subject. Aside from the occasional but ignored plea from an OPCA litigant facing impending court sanction.
I'll offer a couple particularly stupid examples of the initial OPCA guru response:
- Robert-Arthur: Menard complains to the Canadian Judicial Counsel about A.C.J. Rooke ... by video (http://www.youtube.com/watch?v=dGdQjknv1kE). Sorry Rob, the procedure is actually to mail your complaint.
Frank O'Collins of UCADIA 'codifies' various variations on "OPCA" in his "Books of Canon Law" (http://blog.ucadia.com/2012/10/opca-exp ... inion.html). Guru Principle #413 - when threatened by authority put on a paper crown and wave a twig, while shouting "I'm the king! You can't touch me I'm the KING!"
So what comes next? The next major development that I anticipate is some judicial commentary on OPCA litigants as criminal defendants in non-tax proceedings. To date there has not been a substantial post-
Meads v. Meads analysis of the criminal implications in Canada of being a Sovereign or Freeman-on-the-Land. What I think can be predicted with some certainty is that OPCA affiliation will not be seen as a mitigating factor.
R. v. Jastrebske suggests custodial sentences will be the usual result, rather than conditional sentences served in the community.
I am aware of a number of what appear to be serious criminal matters that have OPCA aspects that are moving to trial. I expect in the next year we will see some interesting scenarios for commentary and analysis.
So everyone - Happy Meads Day!
(and with that I think it's time for a suitably themed drink.)
SMS Möwe