Glenn Winningham of the House of Fearn - Sovran in Canada

[JamesVincent]

IDK Burnaby, the article didn't say what was included as far as the weapons are concerned but the picture showed a very small semi-auto pistol. Someone more familiar with the law might be able to say but it "looks" like it would have been a "Saturday Night Special" here. Almost like a tiny .22 or .32, derringer sized.

[Burnaby49]

IDK Burnaby, the article didn't say what was included as far as the weapons are concerned but the picture showed a very small semi-auto pistol. Someone more familiar with the law might be able to say but it "looks" like it would have been a "Saturday Night Special" here. Almost like a tiny .22 or .32, derringer sized.

We have guys up on charges from time to time for trying to bring in Ninja rubbish, Nunchakus, throwing stars etc. As far as as I understand the law it really doesn't matter what is brought in, pretty much everything apart from kitchen utensils seems to be banned. As you said in a prior post:

A push dagger is considered contraband? The drum magazine, ok, but some of the others look like standard AK magazines. They are contraband there?

As you noted a poor job of reporting. The article should have mentioned the type of weapons. Couldn't have been much given they just got relatively small fines and no jail time.

[Hilfskreuzer Möwe]

Glenn is holding a 'webinar' entitled:

• Overview of "private person" and the Power in That Status They Don't Want You to Have (https://www1.gotomeeting.com/register/953007472)

Apparently it's free! And I bet worth every penny. Glenn promises:

Glenn Winningham: house of Fern invites you to join a live webinar to hear about the legal term and legal status at common law known as "private person".

Glenn previously was a staunch "avoid the term person" kinda guy but new information he was exposed to at http://private-person.com opened his eyes to the potential power in this powerful status - the why and the how.

People love Glenn's no-holds-barred-kick-ass attitude and within weeks of being introduced to this material he began integrating it into his own paperwork.

Glenn's open minded, constant search for the truth and what really works allowed him to reevaluate long held understanding and beliefs about "persons' after studying this information.

I'm tempted to suggest this blurb is a little misleading, given his in-court track record perhaps it should instead refer to Glenn's "no-holds-barred ass-kicked attitude".

But to register you not only have to provide a name and email address, but must also answer two questions. Not sure if they are "skill-testing" or not...

Have you been taught you don't want to be a "person":

Do you believe common law courts exist and operate today?:

The drop-down box selections are, respectively:

yes
no
yes, but I disagree
yes, but it’s all man’s law and doesn’t apply to me

yes
no
I hope so

I wonder if Glenn will comment on the criminal charges he is facing? Media reports that on Nov. 21, 2013 Glenn asked the court permission to relocate to Vancouver. The answer was no. (http://lethbridgeherald.com/news/local- ... ove-to-bc/):

A 57-year-old man from Arizona has been thwarted in his attempts to be with his family in Vancouver.

Glenn Winningham Fearn has been ordered to remain in Alberta while he deals with nine charges related to smuggling weapons into Canada. Fearn petitioned a Lethbridge judge Tuesday to allow him to leave the jurisdiction so he could move to Vancouver, but the Crown expressed concern about letting the accused leave the province and refused to amend his recognizance.

Fearn also told court he has a better chance of finding work in larger cities and if he lands a job it could be in Vancouver or a city in Eastern Canada.

Without Crown consent, however, Fearn was told his only recourse is to apply to the Court of Queen’s Bench, relate his story, and hope the higher court amends his recognizance.

Glenn's next court appearance is on Dec. 17, 2013. No indication what that will address.

SMS Möwe

[Hilfskreuzer Möwe]

The Lethbridge, Alberta local newspaper is keeping an eye on Glenn, and has reported on his Dec. 17, 2013 court appearance (http://lethbridgeherald.com/news/local- ... -over-him/).

Glenn of Fearn was asked whether he would plead guilty or not guilty, to which, naturally, Glenn of Fearn opted for ... nothing at all!

Glenn Winningham Fearn of Arizona refused to enter a plea Tuesday in Lethbridge provincial court to several charges under the Criminal Code and Customs Act, and told Judge Timothy Hironaka that he has no jurisdiction to hear his case. And when Hironaka said he was prepared to enter pleas for the accused, Fearn said he couldn’t do that, either.

“I do not give you permission,” he said, insisting the judge can’t enter a plea and has no authority to even hear his case.

But Hironaka did it anyway, and said if Fearn disagrees, he can argue with the trial judge.

“This court clearly has jurisdiction,” Hironaka said.

He directed pleas of not guilty to all the charges and set a trial date of March 3-6, 2014.

“The judge has pre-judged this case and entered a plea,” Fearn announced for the record. “You have no interest in protecting my rights.”

Fearn even refused to approach the podium when his name was called, and said to do so would indicate he believes the court does have jurisdiction.

Judging from the timeline the trial will in Alberta Provincial Court. Glenn of Fearn therefore appears to be facing a maximum sentence of six months per offence, with a few possible exceptions on that, along with fines of up to $5000.

SMS Möwe

[Kestrel]

“The judge has pre-judged this case and entered a plea,” Fearn announced for the record. “You have no interest in protecting my rights.”

What rights? If the court has no jurisdiction, how can he claim rights?

Seems to me that by claiming he has enforcable rights he admits the court has jurisdiction over him to see justice is done.

[Hilfskreuzer Möwe]

Glenn of the House of Fearn was back in court yesterday. It's clear the local media have caught on to the fact they have a Really Good Show playing, and so there are multiple sources reporting on the goings on:

• Lethbridge Herald: "You have no interest in protecting my Rights."(http://lethbridgeherald.com/news/local- ... my-rights/)
  
  Country 95.5 FM: "Gun Smuggling Case Takes A Bizarre Turn" (http://www.country95.fm/news.asp?ID=7916)

So Glenn appeared in the Alberta Court of Queen's Bench, which is a trifle odd since I understand his trial for smuggling weapons and stuff is in the Alberta Provincial Court. But that trial isn't over yet, so it's too early for an appeal. Nor is this a bail review, as Glenn of Fearn is out and loose. What's up?

The two accounts a little different, but the same theme emerges - Glenn wanted the higher (Queen's Bench) court to say the lower court had no authority to hear the matter at all:

Lethbridge Herald:

A U.S. citizen who says Canada Customs officials are little more than criminals was unable to convince a judge that charges against him should be dropped.

Glenn Winningham Fearn told Justice W. A. Tilleman Monday in Lethbridge Court of Queens Bench that border officers kidnapped, assaulted and unlawfully imprisoned him after he was stopped at the Coutts border Oct. 11 of last year.

Officers charged Fearn with four counts under the Customs Act after they searched his vehicle and found several prohibited items, including a blowgun, push daggers, pepper spray and 10 overcapacity magazines. Fearn was also charged with four counts under the Criminal Code of unauthorized importation, and one count of making a false statement.

Monday he applied in Queens Bench to have the judge prohibit Canada Customs from proceeding with the charges in provincial court, and that he be compensated for false imprisonment that resulted from Canada Customs’ “void decisions, judgments and orders, and the malicious prosecution that continues to this day.”

Tilleman dismissed the application, however, and told Fearn if he wants to file any other motions in Court of Queen’s Bench, he has to get approval from a judge first.

Fearn, who also goes by Glenn Winningham of the House of Fearn – a common title used by U.S.-based Freemen on the land – tried to convince the judge that Canada Customs has no jurisdiction over him or in court, and when customs officers encountered him at the border Oct. 11 they should have simply let him go, even though he is listed as “armed and dangerous” in their computer system.

“These people are nothing but criminals,” Fearn said.

He insisted the Customs Act and Canada’s Firearms Act are “pretend legislation” and that if he’s unlawfully arrested – which he claims happened when he was detained by Customs officials – he has the right to resist with lethal force.

Fearn’s issue with provincial court stems from a hearing he had in front of judge Timothy Hironaka Dec. 17 last year during which the accused refused to enter a plea, claiming the court has no jurisdiction over him.

“I do not give you permission,” he said, insisting the judge can’t enter a plea and has no authority to even hear his case.

But Hironaka did it anyway, and said Fearn can argue the matter with the trial judge.

“This court clearly has jurisdiction,” Hironaka said.

He directed pleas of not guilty to all the charges and set a trial date of March 3-6.

“The judge has pre-judged this case and entered a plea,” Fearn announced for the record. “You have no interest in protecting my rights.”

Country 95.5 FM:

A man accused of trying to smuggle numerous prohibited weapons into Canada at the Coutts border crossing last October is still going to trial, despite his efforts to have the case thrown out Monday.

Glenn Winningham Fearn, who holds duel Canadian and America citizenship, argued that the provincial court has no jurisdiction in the case, and that it should be quashed. He also stated that he wanted to be compensated for false imprisonment.

On October 21st, 2013, a male coming from Arizona and crossing into Canada at the Coutts border, was found to be in possession of a blowgun, push dagger, pepper spray and 10 over capacity magazines, items that are considered prohibited weapons in Canada. He was then arrested.

Fearn considers himself a Freeman on the Land, and stated that the Canada Border Services Agency (CBSA) has no authority over him, saying they should have simply confirmed that he was who he said he was, and let him go so they could focus on "the murders and thieves." He said that by detaining him, "I've been damaged, I've been assaulted, I've been kidnapped," adding that the arrest was a violation under the Magna Carta.

Fearn then made a comment that in the mid 1990's the CBSA stole his truck, and that he tried to file a lawsuit against them but he didn't understand the process so it didn't work.

Fearn called the CBSA the "mafia", and when Justice Tillman asked for clarification, Fearn stated, "It's kind of like organized crime." He also told the judge that the CBSA is under the control of the U.S. government and said the Customs Act and Firearms Act are "pretend legislation".

Going a step further, Fearn explained that while he never resisted arrest, his rights under the Magna Carta would have allowed him to use "lethal force" against an unlawful arrest, finishing the statement with, "I just want to be left alone."

Yikes! Now that's a hearing! "Pretend legislation"! State actors are the mafia! Glenn will use lethal force!

However, it's clear that the Crown attorneys are informed and taking the bull by its horns:

Lethbridge Herald:

Monday in Queen’s Bench Barry Benkendorf, civil litigator for the Department of Justice, said Fearn is what Associate Chief Justice John D. Rooke referred to in another case as an OPCA, organized pseudolegal commercial argument litigant. These litigants are distinguishable from other vexatious litigants because they use similar techniques and arguments sold by people Justice Rooke called “gurus.”

Benkendorf said Fearn’s arguments are incomprehensible gibberish, and he urged Tilleman to strike the accused’s motion. He asked the judge to prevent Fearn from filing any more motions that do nothing but abuse the legal process.

“Mr Winningham’s application is frivolous and vexatious,” Benkendorf said.

Fearn countered, however, by insisting he is entitled to due process, and suggested prohibiting him is “the same kind of stuff that precipitated the War of Independence.”

He then accused the court of harassment and suggested the judge was trying to make him his slave.

“It’s your job to protect my rights.”

Country 95.5 FM:

A civil litigator with the Department of Justice told the court that Fearn has made similar applications in the past, asking that the judge bar Fearn from making further applications in this case. He also asked for his costs to be paid by Fearn at $4,000 to act as a deterrent.

In the end Justice Tilleman rejected Glenn's application to end the Provincial Court lawsuit, restricted Glenn's ability to file new paperwork, but declined the request to order costs against Glenn.

In truth, the last is not a surprise, as to my knowledge it is extremely unusual for a defendant in a criminal matter (Glenn of Fearn) to be liable for costs when he fails to defend himself successfully. Still, a nice try by the Crown.

SMS Möwe

[grixit]

However, it's clear that the Crown attorneys are informed and taking the bull by its horns

A nice trick, considering that they're facing the other end of the bull.

[notorial dissent]

True, sounds more like they might want to get their spatter shields and aprons out as this one has a whole lot more left, I think.

[JamesVincent]

“It’s your job to protect my rights.”

What rights? He's a foreign National.

[erwalkerca]

What rights? He's a foreign National.

The one news report did say he held dual citizenship. No matter how stupid and out of touch with reality he may be, he is afforded the protections delineated in our Charter of Rights, including the right to vote apparently.

[JamesVincent]

What rights? He's a foreign National.

The one news report did say he held dual citizenship. No matter how stupid and out of touch with reality he may be, he is afforded the protections delineated in our Charter of Rights, including the right to vote apparently.

Next time I'll remember to put the [sarcasm] [/sarcasm] markers in.

[Hilfskreuzer Möwe]

... The one news report did say he held dual citizenship. No matter how stupid and out of touch with reality he may be, he is afforded the protections delineated in our Charter of Rights, including the right to vote apparently.

Well, he certainly doesn't like being a U.S. citizen very much, see Winningham v. Schulman, cited above:

... The complaint states that "ecause corporate commercial hired thugs insisted on falsely accusing me ofbeing a lowlife scumbag US citizen/slave, I have renounced their lowlife scumbag US citizen by registered mail RA 351 949 910 US . . . . " ...

Perhaps Glenn doesn't nearly mind being a lowlife scumbag Canadian citizen/slave?

I'd love to read his written submissions in this proceeding - given the items identified stateside by wserra, I am quite certain they are 'large and emphatic'.

SMS Möwe

[erwalkerca]

Next time I'll remember to put the [sarcasm] [/sarcasm] markers in.

Sorry. I think I've been reading too many FOTL posts on Youtube. It's affecting my ability to detect sarcasm.

[Burnaby49]

Now we have the NRA mad at us!

An article in today's edition of my local paper shows how seriously Canada takes attempts to bring guns across the border. While I'm fine with the law I think our border guards and crown prosecutors are getting too heavy handed. Fearn was deliberately trying to smuggle gun parts into Canada but this guy seems to have made just an honest mistake.

http://www.vancouversun.com/entertainme ... story.html

[JamesVincent]

From someone who lives in Kentucky and grew up in very similar environs, everyone out here carries. Oh, you might not necessarily worry so much about people BUT.... there is actually wildlife out here of a four-legged nature. Where I live it is about 2 miles or so in any direction to another house, even across the mountains. We have had your everyday things like deer, possum, raccoons, squirrels, etc. up at the house. I have also found wildcat tracks on my picnic table (he was after the dogs), seen coyote down on the lower part of the property and heard a bear within 100' of the house. We also have a random moose who shows up on the mountain behind the house for some reason couple of times a year and I've killed about 6 copperheads so far since last summer when we moved here. I've also been told that mountain lions have been seen within a few miles of the house, have yet to see one though and we have wolves that were released here at the other end of the property.

Having carried before for these reasons I can kinda understand forgetting that it's there. When you do something so much you do tend to forget, as I got reminded one time trying to enter the courthouse out here with my knife still strapped to my belt. Your mind knows it's there if you need it but you don't actively think about it. I agree with the heavy handed comment. Why didn't they just let the man turn around? Is there something against someone having a FMR moment at the border? They had no passports so they couldn't have entered anyway.

[Burnaby49]

As I said, I think the government overreacted. However, while it seems that Americans forgetting firearms in their vehicles is a frequent occurrence, it is (as you can tell from the reaction) a serious offense up here. So the border guards probably acted appropriately. As the lowest guys on the totem pole they probably had no discretion to do anything else. If you want to find fault it will be the crown prosecutors continuing the charge even after getting a fairly reasonable explanation.

A personal perspective here. I'm a 65 year old Canadian who has absolutely no criminal record or any other issues that might cause any problems whatever at the border. Worked all my life as a government tax auditor and am now retired. However it seems that every time I come down to the states your border guards treat me and my wife like terrorists. We've been chemically tested, interrogated, and, in general, treated like crap. They actually seem to enjoy their ability to humiliate us. At least the Canadian border guys were responding to an actual offense.

[arayder]

IDK Burnaby, the article didn't say what was included as far as the weapons are concerned but the picture showed a very small semi-auto pistol. Someone more familiar with the law might be able to say but it "looks" like it would have been a "Saturday Night Special" here. Almost like a tiny .22 or .32, derringer sized.

It looks like an old Colt .25 semi-auto pistol with a lot of the bluing worn off. http://en.wikipedia.org/wiki/Colt_Model ... est_Pocket This one looks like grandpa's old pistol with lots of wear from frequent carry. It's the sort of pistol Heddy Lamar pulled on Humphrey Bogart in some old movie.

"Better be careful with that pistol, doll, if may go off an' hurt somebody."

First manufactured in 1908 they were the pocket pistols of their day. But they are considered no match for today's lighter, more powerful pocket pistols in .380 and even 9mm.

If restored by a good gunsmith it would be a nifty little piece of history but would still be a puny little .25. Hardly the sort of pistol worth trying to sneak into across the border for sale and use by bad guys.

[Fmotlgroupie]

The general theory in Canadian firearms regulations is that concealibility is the trait most essential to criminal uses, hence the general rule that pistols with a barrel under 105mm(4" or thereabouts) are prohibited rather than restricted (and all .25 and .32s are prohibited, except sporting guns, if that's clear at all).

[Burnaby49]

Our Freeman hero has lost Round one, badly. As the Court said;

The application is best described as unorthodox

http://www.albertacourts.ab.ca/jdb_new/ ... qb0114.pdf

[Hilfskreuzer Möwe]

Oh my. That is ... quite something else. Sort of a 'mini-Meads', extending the Canadian courts' commentary into the criminal law realm as well as civil.

Since the decision mentions that Glenn's trial started today I did a check to see if I could find any media reporting. Instead I found these advertisements for Glenn teaching his "Sovereignty International" programs in British Columbia and Alberta throughout February:

• http://www.eventbrite.ca/e/asset-protec ... 7?aff=eorg
  
  http://www.eventbrite.ca/e/asset-protec ... 4?aff=eorg
  
  http://www.eventbrite.ca/e/asset-protec ... 5?aff=eorg
  
  http://www.eventbrite.ca/e/asset-protec ... 1?aff=eorg
  
  http://private-person.com/blog/training ... -strategy/

I don't know whether to classify this as synergy, coincidence, karma, or simply extraordinarily poor planning.

I rather hope Fearn v Canada Customs gets into the hands of the Crown attorneys in the Dean Clifford matter, since here is a basis to start hitting Dean with costs for his various applications to Queen's Bench.

Very, very interesting.

SMS Möwe