JUSTICE This appeal was set down for hearing by the Court at 9:30 A.M. on Tuesday, May 27, 2008 in the Law Courts Building in the City of Kamloops. On May 27, 2008 the Registrar called the appeal for hearing. The Appellant did not appear. Mr. Majawa, counsel for the Respondent said that on May 23rd, 2008 the Department of Justice received a letter from the Appellant, which stated that Mr. Majawa should be appointed the -- what did she call you, the "Fiduciary Debtor", is that what it was?
MR. MAJAWA: I believe so, yes.
JUSTICE: Just bear with me, I just want to get the exact words.
And the Appellant gives her name "p'ixya'qn",
"…hereby nominate and do appoint Andrew Majawa…Counsel as being qualified to fulfill the position of "Fiduciary Debtor" for the corporate entity described above in all-capital-letter-assemblages…"
And so on. Mr. Majawa said that he is not prepared to act as a Fiduciary Debtor for the Appellant, nor to represent the Appellant on her behalf. Mr. Majawa, counsel for the Respondent, moved that the appeal be dismissed for want of prosecution pursuant to Rule 18.2(1) of the Informal Rules. The Court adjourned the appeal until 10:00 A.M., and instructed the Registrar to check with court officials in the courthouse to determine if the Appellant was available. At 10:00 A.M. counsel for the Respondent moved that the appeal be dismissed for want of prosecution, and the Registrar indicated that there was no sign of the Appellant in the courthouse today. Before dealing with the motion, I wish to comment briefly on a comment made by the Appellant in her Notice of Appeal. In the Notice of Appeal the Appellant states, paragraph 2,
"I have recently learned that I, with a status of a full liability free willed woman, of no intention or knowledge of being any form of type of incorporated entity or being a commercial "also known as" or of my being a ward of the Crown, am not a person, a limited liability, legal fiction. I am therefore not a fictional entity called a taxpayer subject to the Income Tax Act of Canada."
Canada's Constitution provides that Parliament has the authority to pass laws to impose taxation on residents of Canada. Parliament has done this, and the Income Tax Act was passed by the Parliament of Canada. Since the Appellant is a resident of Canada and since the Appellant received employment income and EI benefits in the 2006 taxation year, she is subject to tax on this income. The Appellant's argument that since she is not a fictional entity called a taxpayer is without merit. I grant the motion made by Mr. Majawa that the appeal be dismissed for want of prosecution, and the appeal is dismissed. Before concluding my remarks I want to ask the Registrar to make sure that the document which was received this morning from the Appellant be returned to her, so that she has her birth certificate and whatever document -- should make a copy of that document, which is called Exhibit 2, and we should make sure that Mr. Majawa has a copy, but we should return the original documents back to the Appellant, to make sure that we are not responsible for losing whatever those documents are if she thinks they are of importance to her. So Mr. Majawa, thank you for your help, sir. Appeal dismissed, and we will see what develops from there.
The Tax Court's files show that p'ixya'qn decided to fight her loss by making an application to set aside the judgment. Denied. Some subsequent correspondence to Deb was returned by Canada Post and there was a final entry of a "Miscellaneous" filing on Mar. 2, 2009
So what's a Fiduciary Debtor? As far as I can tell it is another stupid Freeman concept that they believe allows them to magically pass on their debts to another individual by appointing that person as their "Fiduciary Debtor". In this case p'ixya'qn (I have no idea where this name comes from, The only Google hits took me back to the case) chose Crown counsel for the honour of paying off her tax bill. It sounds like a variation on Charles Norman Holmes little trick of appointing opposing counsel and the judge as his trustees and then claming they all had to do what he wanted because they were now legally required to act in his best interest.
Apparently the concept of a Fiduciary Debtor was considered by the United States Supreme Court in Chapman v. Forsyth, 43 U.S. 2 How. 202 202 (1844) but I'm not going to look it up. It appears to be an American concept. Somebody asked this question on an American free legal advice website;
In a small claims court,can i make the other attorney my fiduciary debtor,or creditor
The responses weren't encouraging;
"I don't mean to sound rude, but your question makes absolutely no sense. I have no idea what you mean by the term "fiduciary debtor". You should post a new question explaining why you might think you have legal grounds to sue the opposing attorney."
"This doesn't make any sense. I don't understand the question. Could you re post with more details so we can try to help you? Thank you!!"
http://www.avvo.com/legal-answers/can-i ... 19460.html
However it is easy to download forms for appointing someone your Fiduciary Debtor. This one is fairly short but filled right to the brim with Moorish craziness;
https://docs.google.com/viewer?a=v&pid= ... MDhjOWJhMQ
This one is far more comprehensive and legalistic;
https://secretsofsecret.files.wordpress ... ements.pdf
It allows you to access one hundred billion dollars! First you appoint the Secretary of the Treasury to be your Fiduciary Debtor. If you're a belt and suspenders man you also appoint him your Fiduciary Creditor. Why not be over-cautious? There is a hundred billion dollars at issue here. We could all use a little top up at month's end when the bills come in;
Appointment of Fiduciary
I, Your Real Name, “Third Party Interest Intervener,” having terminated the previous fiduciary to the corporate entity (ens legis), a documented vessel under the United States Registry, otherwise described, (different variations of straw name) STRAWMAN NAME, STRAWMAN NAME, STRAWMAN NAME, or any alphabetical or numerical variation thereof, a.k.a., (Debtor), nunc pro tunc (Birth date)1979 C. E., said entity having as it’s trustee the Secretary of Transportation of the United States, pursuant to and in accordance with [Title 46 App. U.S.C. Section 1247] and there being no living sentient being responsible to accept service of process or other documents, and cannot appear in a court of the United States or act as a duly appointed transfer agent, and cannot achieve parity with real people. Therefore I, Your Real Name, “Third Party Interest Intervener,” hereby nominate and do appoint Mr. Timothy F. Geithner, a.k.a., MR. TIMOTHY F. GEITHNER, INTERNAL REVENUE AGENT OF THE INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY as being qualified to fulfill the position of “Fiduciary Creditor,” and “Fiduciary Debtor” for the corporate entity described above in all-capital-letter-assemblages, the same as to be effective immediately as of the (date:_____) set forth below, and shall continue until further notice or reappointment, substitution or cancellation, within the venue a ordained and established by the people of the Territory of Florida through their original organic Constitutions of Florida State.
Whereas, said Fiduciary Creditor’s responsibilities are to exercise scrupulous good faith and condor towards, and for the benefit and on the behalf of Your Real Name, “Third Party Interest Intervener,” the exclusive and limited purpose of accepting and receiving all liabilities. Accepting and receiving all service of process and other documents, instruments, bonds or other important papers, to appear and discharge, settle and close all matters material to above referred (Debtor) in all-capital-letter-assemblages, the same shall be by order of Your Real Name, “Third Party Interest Intervener,” including assignments for or on behalf of the Principal (Debtor), STRAWMAN NAME including any alphabetical or numerical variation thereof as described above, and to do all other acts requisite to faithfully execute said appointment, fully, faithfully, specially, under this appointment.
So now that the Secretary of the Treasury is on board it's time for the big money!
Dear Mr. Geithner:
(Reference Registered Mail # RE_________________________)
I have accepted for value all related endorsements in accordance with U.C.C 3- 419 and House Joint Resolution – 192, from which said Resolution emanated the exclusive remedy of discharge ‘dollar for dollar, with the same being subsequently co-mingled with the Negotiable Instruments Law, an currently residing in the National Uniform Commercial Code. Accordingly, if you haven’t already done so, please charge my UCC Contract Trust Account via Exemption Identification Number, 162596244, for the registration fees and command the memory of account # 162-59-6244, to charge the same, to the Debtor’s order, or your order.
The total amount of this superseding NON-NEGOTIABLE ACCEPTANCE FOR VALUE in the enclosed filing is $ 100,000,000,000.00 (100 Billion US Dollars).
The Birth Certificate Instrument # 108-1989-011802, and Fiduciary appointment in this matter was delivered to Timothy Geithner by US Registered Mail # RE____________________, on 11/03/2011. Please find enclosed the Birth Certificate Bond for set off for deposit into the UCC Contract Trust Account Number, 162-59-6244
Thank you for your time in this matter, if you have any questions or need my assistance please feel free to contact me. Until then, I am…
To their credit they do stress the importance of good hygiene;
I, Your Real Name, “Third Party Interest Intervener,” asseverate that the facts enumerated herein are set forth in good faith with clean hands and that the same are true, correct, complete and not misleading, so certified without the United States. Fiduciary has my authorization to make any and all changes necessary to bring this document into complete and lawful compliance.
I find this part somewhat curious given that the writer is soon going to be worth 100 billion dollars yet is trying to scrimp on a bit of postage;
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing affidavit has been furnished by US Mail to: The Clerk of The Circuit Court, Register/Recorder of deeds, P. O. Box 700, Fort Pierce, Florida, 34954; The Clerk of The Circuit Court, P. O. Box 700, Fort Pierce, Florida, 34954; The Attorney General for your state; the Assistant State Attorney; the Secretary of state for your state; The social security administration; The US Department of Treasury; Your city police Department; your County Police Department; and the US Department of Justice, on this ___day of ________________2012. (Note: I know that’s a lot of stamps to buy but this is the only way I know how to give notice to the various departments of government. I did my paperwork like this because it has to be done right to prevent any excuses. Do not copy my certificate of service word for word. Put your county and circuit court information in this section, and send a copy to your register/recorder of deeds. File an Affidavit to Proceed In Forma Pauperis/Affidavit of Insolvency at the register/courthouse. If the courthouse/county register doesn’t have it, I have a version of the form included with this purchase. There is a fee per page for register/recorder of deeds. I think it’s like almost 9.00 dollars per page, but all you need is the first page recorded for each affidavit. If all else fails, file these affidavits as pleadings as a lawsuit against the state for declaratory relief in superior court/circuit court, the highest state court. Your main objective with all of the paperwork is to leave a paper trail. You have to get the paperwork recorded; preferably, with the register of deeds, because it’s cheaper if you just get only the first page of each document recorded).
Secured Party, Your Real Name
All Rights Reserved Without Prejudice;
U.C.C. 1-207 / 308, U.C.C. 1-103.
Your real name
Your address, [Zip Code]
This is clearly an attempt to access the Strawman account through the appointed fiduciary. Given the shoddy job that Judge Little did in giving his decision regarding Deborah Mcdougall's decision I have no way of knowing if she contemplated using the Fiduciary Debtor the same way or just as a way to pass a specific debt over to another party. Judge Little, now retired, generally wrote very skimpy decisions.