Dean Clifford - A Tale of Two Gurus

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Re: Dean Clifford - A Tale of Two Gurus

Post by Burnaby49 »

Bill Lumbergh wrote:Good news for team Dean! Today the Supreme Court of Canada struck down the mandatory minimum sentencing provisions under s.95 (possession of a prohibited/restricted weapon with ammo).

R. v. Nur: http://canlii.ca/t/gh5ms

The decision is not necessarily helpful to Dean. I asked a lawyer friend involved in criminal law for his comments and below is part of his reply;
Dean has a legal victory, but factually he is still in trouble. The reason the minimums were struck down is two-fold:

1) Prosecutorial discretion is irrelevant in testing the legality of a mandatory minimum.

2) It is possible to construct hypothetical scenarios where the firearms legislation is breached but on an 'administrative' or 'logistical' sense, rather than a criminal one. For example, I have a legal licence to own my AR15 (I don't have an AR 15) but only to store it in locations in Burnaby. I take the gun to my cottage in the Yukon (I don't have a cottage in the Yukon) where the AR15 is not registered, and get arrested. Think of it as a 'technical' breach - that's what makes a three year sentence cruel and unusual.

But Bev says some things that are still going to screw Dean over. For one, a three year sentence is entirely fair where someone has an unregistered and prohibited weapons without any certification or legitimate explanation as to how it got into his hands. Similarly, higher sentences are just fine where firearms are associated with criminal activity ... like operating a grow-op. Presumably, the terms of pre-trial bail which banned firearms would also apply as a negative condition.

So Dean does not fall into any of the categories where a shorter sentence is appropriate. If anything, R v Nur gives some strong guidelines regrding when it is appropriate to sentence above the now struck out mandatory minimum. These are arguably Parliament setting some 'starting points' for typical gun crime.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs
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Re: Dean Clifford - A Tale of Two Gurus

Post by Bill Lumbergh »

Burnaby you are correct. With my initial post I didn't have much time for analysis. It's noteworthy that in the Supreme Court case, neither offender disputed that his sentence (3+ years) was inappropriate. The section was struck down on the basis of reasonable hypotheticals - as you pointed out, there is a type of offender who, in certain circumstances, would be nailed with a mandatory minimum that would be grossly disproportionate to the offence. As you can see in the court's analysis, they get into quite a debate about whether this kind of reasoning is appropriate to strike down law.

Dean has now accumulated a good 2 years or so of dead time (assuming he gets the enhanced 1.5:1 credit)... I suppose it would take a very lenient judge to give time served?
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Re: Dean Clifford - A Tale of Two Gurus

Post by Jeffrey »

Almost an update. Court file now lists REQUISITION - SUBPOENA : X2 on April 17th.

They're up to 11 subpoenas at this point, I don't think cops get subpoenaed when they have to testify at a trial do they(?), so who is being subpoenaed? Dean's roommate? The guy he bought the guns from? The people managing the drug money?
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Re: Dean Clifford - A Tale of Two Gurus

Post by Fmotlgroupie »

Jeffrey wrote:Almost an update. Court file now lists REQUISITION - SUBPOENA : X2 on April 17th.

They're up to 11 subpoenas at this point, I don't think cops get subpoenaed when they have to testify at a trial do they(?), so who is being subpoenaed? Dean's roommate? The guy he bought the guns from? The people managing the drug money?
Police are subpoenaed in some Canadian jurisdictions, not in others. I think that for superior court it's more likely than if Dean had been in provincial court.

Or the 11 subpoenas could be Dean's crazy-person efforts to subpoena the prime minister??
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Re: Dean Clifford - A Tale of Two Gurus

Post by Dick Dastardly »

Greeting to Quatloos! As a long time lurker (I like to read the forums on my lunch break) and casual observer of the FMOTL, Sovereign movement, etc., I just thought I'd mention while none of these types are very endearing, for me Dean Clifford likely tops the most repugnant list. I think what did it was a youtube video of him at a construction site posing in a overloaded tool belt boasting of how hard he works "how can anyone doubt a guy with this many tools dangling from his belt?" Well I instantly couldn't stand him and really hope him all the worst.
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Re: Dean Clifford - A Tale of Two Gurus

Post by Burnaby49 »

Dick Dastardly wrote:Greeting to Quatloos! As a long time lurker (I like to read the forums on my lunch break) and casual observer of the FMOTL, Sovereign movement, etc., I just thought I'd mention while none of these types are very endearing, for me Dean Clifford likely tops the most repugnant list. I think what did it was a youtube video of him at a construction site posing in a overloaded tool belt boasting of how hard he works "how can anyone doubt a guy with this many tools dangling from his belt?" Well I instantly couldn't stand him and really hope him all the worst.
Welcome to Q! I love that video too, I call it the "Muscular Freeman" video. I downloaded it and still watch it occasionally. No real workman would have lasted fifteen minutes with the weight of the tools he'd loaded on that belt for the video. Looked like he was walking around with a hardware store strapped to his pants.

He boasted about how he paid his full share of taxes because he pays the tax on gasoline so any other money he makes is his money because of his hard work to get it and the government isn't getting it. The only reason that weasel paid even the gas tax is because it is built into the pump price so he couldn't avoid it. His life has taken exactly the direction you'd expect and I'm enjoying that too.
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https://www.youtube.com/watch?v=XeI-J2PhdGs
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Re: Dean Clifford - A Tale of Two Gurus

Post by notorial dissent »

My nastier self hiding back in the deep recesses of my mind wonders if those weren't some of the tools Deano was alleged to have stolen???? Inquiring minds really don't care, but the question arises.
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Re: Dean Clifford - A Tale of Two Gurus

Post by Jeffrey »

My nastier self hiding back in the deep recesses of my mind wonders if those weren't some of the tools Deano was alleged to have stolen????
Stolen is a strong word. He "obtained" them without paying for them.

Back to waiting for the trial to start:

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Re: Dean Clifford - A Tale of Two Gurus

Post by Jeffrey »

We have no less than 4 new entries to the court registry:
RENDER OF ACCUSED OR APPELLANT BY SURETY - 08MAY2015; DARWIN A. CLAEYS REPLACEMENT OF SURETY - NO WRT ISSUED
RECOGNIZANCE - 08MAY2015; O/R & 2 SURETIES KP; PA; RESIDE; NOT MOVE W/O CRN CONSENT; CURFEW; CHECKS; NOT OPERATE MV; NO WEAPONS; NO ILLEGAL DRUGS; NOT LEAVE MB; NO C/C
DISPOSITION SHEET - MARTIN J, 12MAY2015, ALL MATERIALS WITH RESPECT TO CHARTER VIOLATION MOT BY ACC TO BE FILED BY 28MAY2015; NOT OF RE-ELECTION READ IN COURT- ACC RE-ELECTS TO QBJA; JS IS CANCELLED; ADJ TO 28MAY2015-1:00PM FOR P/T
BAIL HEARING ORDER - MARTIN J, 12MAY2015, 19MAR2015 RECOG BY MARTIN J IS VACATED UPON ACC ENTERING INTO A NEW RECOG, NEW BAIL GRANTED
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Re: Dean Clifford - A Tale of Two Gurus

Post by bmxninja357 »

So he swapped from judge and jury to judge alone and it required a transfer of bail. That's what it looks like to me.

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Re: Dean Clifford - A Tale of Two Gurus

Post by GlimDropper »

Well, if Winnipeg Alternative Media on facebook is to be believed, Dean is back in a cell:

https://www.facebook.com/WinnipegAltern ... nref=story

No details provided.
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Re: Dean Clifford - A Tale of Two Gurus

Post by Jeffrey »

If that's true my guess is it has to do with the latest post to the court registry:
12MAY2015; O/R & 2 SURETIES; KP; PA; RESIDE; NOT MOVE W/O CRN CONSENT; REPORT TO SELKIRK RCMP BY 15MAY2015 AND THEREAFTER TWICE A WEEK AS DIRECTED; NOT OPERATE MV; NO WEAPONS; NO ILLEGAL DRUGS; NOT LEAVE MB; N/C&C
If he failed to report by the 15th, an arrest on the 19th makes sense?
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Re: Dean Clifford - A Tale of Two Gurus

Post by arayder »

Dean's self chosen role in life is to be the baddest kid in the school.

A life spent sitting around waiting for the next freeman web radio interview or Skype chat isn't going to be enough for the boy. For him life is lived when cussing out a cop or a judge, filing magic freeman papers or standing up in front of bunch of paying freeman wannabes.

We are going to see more of the same. . .the same as we saw before. . . Dean's just a little boy who gets high on the stuff that pumps through his veins when he's on a rage.
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Re: Dean Clifford - A Tale of Two Gurus

Post by Jeffrey »

http://deanclifford.info/2015/04/12/2771/

Hadn't noticed Dean did an interview with Red Ice Radio. Contains quite a few gems and whoppers:

[*]Claims his dad hired the lawyer, not him. (Think we all know that's not possible).
[*]He will try to delay the trial.
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Re: Dean Clifford - A Tale of Two Gurus

Post by bmxninja357 »

Smart man. Delaying the trial is the best way to render any extra time off of sentence for time spent in remand non existant. Good work dean.

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Re: Dean Clifford - A Tale of Two Gurus

Post by Burnaby49 »

I'm going to admit, here and now, publicly, that I'm at least a bit impressed by Dean. Never thought I'd say that. However the evidence is in and it turns out that Dean actually committed funds and acquired property to start his own Freeman Valley (Deanistan?). Menard has, on many, many occasions, claimed have acquired land for his Freeman Valley, or Hobbiton, or Moose Head Junction, or whatever he planned to call it. However there is no reason to assume he even got off his couch. He certainly put no money at risk. Clifford at least put money down on real estate in northern British Columbia. As with all of Dean's ventures it fell apart but he tried.

It starts with this document. The September 2012 purchase of bare land in the Prince Rupert area.

http://www.mediafire.com/view/grwy5yl9w ... eement.pdf

Note the word "foreclosure" in the link name; that tells you where this story is going.
AGREEMENT FOR PURCHASE AND SALE

BOWEN CONTRACTING LTD., Inc. no. 299051
9100 Meades Creek Road, P.O. Box 923,
Lake Cowichan, B.C. VOR 2GO

(hereinafter called the "Vendor")

DEAN CLIFFORD

Box 123
Matlock, Manitoba ROC 2BO

(hereinafter called the "Purchaser")

A. The Vendor is the registered owner of the lands located on the Skeena River, BC having a legal description of District Lot 7550, Range 5, Coast District, PID no. 015-196-691
(the "lands")

B. The Vendor has agreed to sell and the Purchaser has agreed to purchase the lands on the terms and conditions hereinafter appearing.

Dean agreed to a price of$100,000 payable as;

(a) The sum of TEN THOUSAND ($10,000.00) DOLLARS payable by the Purchaser to the Vendor upon execution of this agreement

(a) the sum of NINETY THOUSAND ($90,000.00) DOLLARS. being the principal balance together with simple interest thereon at the rate of 6.50% per annum, calculated annually not in advance, to be paid by interest monthly payments in the amount of FOUR HUNDRED EIGHTY SEVEN ($487.50) DOLLARS AND FIFTY CENTS every month commencing on October 1, 2012, and then on the 1st day of each and every month thereafter up to and including September 1, 2013, when the full balance of principal and interest outstanding shall become immediately due and payable.
The terms did not allow Dean much leeway to build his Freemanistan.
6. The Purchaser shall not commit voluntary or permissive waste on the lands. In addition, the Purchaser shall not construct any buildings, erect any structure or otherwise place any permanent structures on the land without obtaining the prior written consent of the Vendor. Only tents or other temporary structures required for camping or temporary stays on the lands are permitted. Further, the Purchaser shall not remove any timber or other vegetation from the lands without the prior written consent of the Vendor.
By road the land is 36 miles east of Prince Rupert, the principal town of north-west British Columbia. However it only holds that distinction because there is little else for hundreds of miles. Prince Rupert is on the coast with only one road, the Yellowhead Highway, connecting it to the rest of B.C. The highway is a difficult drive which winds around through the Coast Range Mountains. Apart from Kitimat, a company town on the coast, the nearest sizeable town to Prince Rupert on the highway is Smithers, over 200 miles away. Prince Rupert is located on the slope of the mountains going into the Pacific Ocean and there is so little flat land in the area that the airport is on an island with only ferry access to Prince Rupert. In other words, isolated. This link shows Dean's Land;

http://www.mediafire.com/view/bec6701uv ... re_map.png#

If you have Google Earth this link will give you a good idea of the area;

http://www.mediafire.com/download/xp6jo ... 03I012.kmz

Note the yellow line running along the north bank of the river. That is the Yellowhead Highway. However Dean's land was on the south bank with no bridge access to the highway and no roads at all around it for miles so the only access is by boat. A real Freeman Valley apart from the fact that the land is useless for any homesteading purposes. Rains all the time, no utilities, not arable, no communications, nothing. But Dean had dreams.

This document gives a description of the property at the time of purchase. It appears that Dean wildly overpaid for it.

http://www.mediafire.com/view/oe5qx21re ... rofile.pdf

Dean was supposed to pay the entire purchase amount off by September 2013. Since he was otherwise occupied he didn't do so. The agreement was extended a few times but in the end the vendor started foreclosure proceedings;

http://www.mediafire.com/view/byp8q528k ... tition.pdf

This is dated September 2014 at which time, as we know, Dean was languishing in jail. On the 29th of October 2014 the court issued an Order Nisi;

http://www.mediafire.com/view/17fycgb3w ... r_Nisi.pdf

For those of you as unschooled in law as I am Wikipedia describes an Order Nisi as;
A decree nisi or rule nisi (from Latin nisi, meaning "unless") is a court order that does not have any force unless a particular condition is met.[1] Once the condition is met, the ruling becomes a decree absolute (rule absolute), and is binding.[2] Typically, the decree becomes absolute unless the adversely affected party provides satisfactory evidence or argument that the decree should not take effect.[2] For that reason, a decree nisi may also be called a rule, order or decree to show cause.
The condition imposed in the Order Nisi that gave Dean some leeway was that the Degree Absolute would not be issued until April 24, 2015 giving Dean time to pay out the purchase price. But, on April 24th, it was game over and the Order Absolute kicking Dean out was issued just this week;

http://www.mediafire.com/view/jm7yv2fg2 ... solute.pdf
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs
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Re: Dean Clifford - A Tale of Two Gurus

Post by Jeffrey »

So Dean loses the farm the same week that rumors start that he's back in jail? Wondering if that caused the confusion.

While we at it, is this the farm that they posted videos of with the wind generators and the solar panels and junk? The hemp farm?
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Re: Dean Clifford - A Tale of Two Gurus

Post by Burnaby49 »

Jeffrey wrote:So Dean loses the farm the same week that rumors start that he's back in jail? Wondering if that caused the confusion.

While we at it, is this the farm that they posted videos of with the wind generators and the solar panels and junk? The hemp farm?
I doubt it. This is raw uncleared wilderness. The land is unsuitable for growing anything except forest.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs
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Re: Dean Clifford - A Tale of Two Gurus

Post by Burnaby49 »

Steve Bates is having an argument with Robert Menard about Menard's begging for money in his new video.

https://www.youtube.com/watch?v=qkrifHQYzm8

As part of this he included an update on Dean;
Wake Up! Productions (backup channel) 7 minutes ago (edited)

+Doazic Dean Clifford's "wife/bum-buddy" (Rob Smith Council) confirmed that Dean was arrested by the RCMP on May 19th, and released without charge 48 hours later, on May 21rst. Based on the fact that there are no official updates regarding his arrest on the Manitoba Court Registry site, I believe this to be the truth. Less than 48 hours until Dean's pre-trial hearing, and less than 3 weeks until Dean's criminal trial begins !!!
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs
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Re: Dean Clifford - A Tale of Two Gurus

Post by Fmotlgroupie »

Burnaby49 wrote:Steve Bates is having an argument with Robert Menard about Menard's begging for money in his new video.

https://www.youtube.com/watch?v=qkrifHQYzm8

As part of this he included an update on Dean;
Wake Up! Productions (backup channel) 7 minutes ago (edited)

+Doazic Dean Clifford's "wife/bum-buddy" (Rob Smith Council) confirmed that Dean was arrested by the RCMP on May 19th, and released without charge 48 hours later, on May 21rst. Based on the fact that there are no official updates regarding his arrest on the Manitoba Court Registry site, I believe this to be the truth. Less than 48 hours until Dean's pre-trial hearing, and less than 3 weeks until Dean's criminal trial begins !!!
It would be extremely odd (though not impossible) that the police would arrest Dean and release him 48 hours later and without any new charges. Police in Canada are required to bring an arrested person before a Justice within 24 hours, and they would need some sort of good reason to do so. That is almost universally a new charge, but it could conceivably be that Crown got Dean's current bail revoked (perhaps a surety issue) and the police picked him up, and then his lawyer got him a new bail quickly.

More likely to me is either Dean was held less than 24 hours ("meh, we only caught him 5 minutes after curfew, it's not worth charging him") or the police /did/ charge him with something minor, and Dean got bail very quickly this time.