Article in the National Post (Canada)

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Fmotlgroupie
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Article in the National Post (Canada)

Post by Fmotlgroupie »

Mark Milke gives a brief summary of dr-taxers, which includes some old cases I've never heard of:

http://www.nationalpost.com/m/wp/full-c ... 2013-12-30
In 1999, Richard and Denise Rosenberg challenged the validity of the Income Tax Act and claimed that under common law “Canadians have control of their own affairs and the federal government has no authority to collect taxes.” Revenue Canada seized the couple’s Winnipeg house, cabin and even their canned food and toys due to an unpaid $1.2-million bill in back taxes.

In 2001, Sir Daniel Lear, whose real name was Ralph Swim, was convicted in the largest case of tax evasion in Manitoba history. With over $8.4-million in income from various pyramid schemes, and $2.4-million in taxes evaded, Swim accumulated a sprawling estate on the Red River, luxury cars and antique furniture for his home. In his defence, he cited the King James Bible, the “doctrine of Philadelphia,” the “Tokyo rules,” the constitution of Ceylon, and the British North America Act to support his claim that Canada’s laws and the Income Tax Act did not apply to him.
Sir Daniel seems like he would have been quite entertaining to watch!
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Re: Article in the National Post (Canada)

Post by Hilfskreuzer Möwe »

Thanks for posting that link, Fmotlgroupie!

A quick check did not identify any reported case law related to the Rosenbergs, but an earlier Quatloos post indicates they were David-Wynn: Millerites (viewtopic.php?t=2712#p41745)

That said, there is this case that involved Ralph Swimm a.k.a. Sir Daniel Kingley Lear:
That judgment reports the result of an application by Sir Lear to have his criminal tax evasion prosecution thrown out due to excessive delay (47 months) in bringing the matter to trial, which allegedly offended Sir Lear's Charter, s. 11(b) rights. The application was denied given the complexity of the case, Lear had a lawyer withdraw, and because Lear did not demonstrate any substantial prejudice.

Sadly, no reported decisions that relate to the tax evasion itself, however.

I did some more digging to see what else I could excavate about Swimm. Turns out he's a multipurpose miscreant, whose first run-in with the law was in securities fraud, to which he pled guilty and was sentenced to three months in 2002 (http://www.msc.gov.mb.ca/legal_docs/inv ... arsoa.html).

The following detax phase led to some other media reporting that is a little more detailed than the 2013 National Post article, for example (http://centre.telemanage.ca/links.nsf/a ... B7004CD284) which reports these exchanges during the sentencing hearing:
''I am not a legal person,'' he said yesterday and on many occasions throughout his trial.

''I'm not about to hear a bunch of nonsense,'' Judge Hanssen replied, cutting off Lear's speech.

However, for more than an hour, Lear described what he called the treasonous actions of Judge Hanssen -- who Lear maintained is acting without authority -- and the Crown.

''Destiny has brought the flesh against the infidel,'' Lear said. ''Truth be known sir, I am weary from the fight against the infidel.''
Sir Lear had been the subject of a psychiatric examination which indicated that while he was competent to stand trial, Lear most certainly was not entirely there...
During the hearing, Judge Hanssen wondered if there had been some deterioration in Lear's mental state. Last Friday, he ordered a psychiatric assessment -- the first one in the case, despite Lear's obvious erratic behaviour -- after he accused the judge of treason. Lear said the judge could not serve two masters; the Bible on which he swore his oath of service, and the government's law.

''There may have been a deterioration since the guilty finding,'' Judge Hanssen said. ''There was no previous assessment because he was clearly competent and I did observe him for three to five months.''

In a 12-page report, a psychiatrist found Lear was fit to be sentenced, although he noted some of Lear's unusual views. During an interview, Lear said he talks directly to Satan and God, but he did not receive legal advice from them. He also claimed to have had several out-of-body experiences and psychic powers. He said he has predicted a number of air disasters.

Dr. Frank Vattheuer concluded that while Lear was narcissistic and had delusions of grandeur, he is not mentally ill.
This report also elaborates on Sir Lear's scheme, which appears to focus as much on travel and holiday fraud as tax evasion:
The Getaway Travel Network was a pyramid scheme in which investors would pay $49, recruit 14 new investors and then move up the ladder and receive discount travel to exotic five-star locales around the world.

Through slick infomercials, Lear sold the vacation packages that frequently did not achieve expectations.

A retired Winnipeg college professor and his wife paid about $20,000 and induced friends to put up another $34,000 before realizing they'd been scammed. One former CFL football player described a trip to Mexico where his family expected a five-star hotel but ended up in a dive his children dubbed ''the yellow burrito.''

According to prosecutors, Mr. Lear sold other clients on schemes to avoid paying taxes on income. At one point he set up over 1,000 accounts in the Caribbean nation of St. Kitts and Nevis, which has no banking oversight, to help people eliminate their tax bills.
I also located this email message from Sir Lear himself (http://www.canfirearms.ca/archives/text ... 03n764.txt), apparently written during the trial.
Tomorrow I put before the court an argument that the flesh and blood is superior to the legal fiction and that I am flesh and blood created by the One Living God. The state owns the legal fiction on the birth certificate and I have told the court, in no uncertain terms, that I KNOW who I am and even that I know the court is asking me to stand-in for one of their legal fictions: the "Accused". Some of the material used is from Sir Lawrence; so we shall see if the judge is foolish enough to knock it out. Wouldn't surprise me, in the least, if the judge did; since it is becoming QUITE apparent that some person, way up there, has given the judicial system marching orders against "Sir Daniel". It is a GIANT, there is no question about that. But, it only took one little stone to slay GOLIATH. My stone is justice and I swing my sling with the might of the truth. May God have mercy upon us all, if I miss the mark.

Freedom is the birthright of every truth we experience.
Interesting to see how little the pseudolegal arguments have evolved in the past decade plus, isn't it? "Sir Lawrence" is "Sir Lawrence Leupol ["Loophole"]", another early Detaxer.

Did Ralph grow up? Well ... no. He instead changed his name to "Ethann Canfield" moved to Kelowna, and opened an investment business with a (now defunct) website, Urconnected.ca (http://www.castanet.net/news/Kelowna/10 ... In-Kelowna). Sure enough, that business also soon attracted complaints (https://groups.google.com/forum/#!topic ... L_BzYhr99g).

It's interesting digging into these old Detaxer matters, because as I noted earlier so little has changed in the pseudolegal arguments made from then to the modern Freeman-on-the-Land movement and its derivatives. Unfortunately, in the past decade a lot of information appears to have been lost, so for example it's not easy to pin down what was argued in certain instances, such as this bizarre duo (http://www.camagazine.com/archives/prin ... 23329.aspx):
Some detaxers believe wearing a postage stamp with your signature on it makes you equal to the Queen of England and this exempts you from paying taxes. Thus, when Paul and Myrna Schuck were arraigned before a court for failing to turn over their business records to the CCRA, they wrote their names on postage stamps and stuck these to their apparel for the duration of the trial. Surprisingly, this did not help them one bit. The schmucks were jailed for 30 days.
It appears this couple were other Millerites, but it would be interesting to know a little more on how the postage stamp gambit was rationalized.

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Re: Article in the National Post (Canada)

Post by Burnaby49 »

I mentioned Sir Larry Loophole in one of my first Quatloos posts;

viewtopic.php?f=46&t=7827&p=131049&hili ... le#p131049

He was one of the Poriskyites flogging the natural man/legal man tax avoidance scheme through the Paradigm Education Group started by Russell Porisky. Sir Larry's name cropped up as part of the decision in the Eva Sydel tax evasion trial.

http://www.canlii.org/en/bc/bcpc/doc/20 ... ZWwAAAAAAQ

Eva's been busy. Just checked her record in Canlii again and she has a dozen decisions with her name on them; the most recent last month:

http://www.canlii.org/en/ca/fct/doc/201 ... ZWwAAAAAAQ

Getting crazier and crazier.
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