Dean Clifford - A Tale of Two Gurus

[Hanslune]

Outstanding! Thanks just what I was thinking of.

Edited to add it looked correct when I first viewed it but after putting in my comments it changed to this

Dean Clifford Prison Countdown Clock: http://www.timeanddate.com/countdown/ge ... sz=1&swk=1

The number 82 is no longer showing

Finally got it its a link and that works just fine!

[Wake Up! Productions]

Outstanding! Thanks just what I was thinking of.

Edited to add it looked correct when I first viewed it but after putting in my comments it changed to this

Dean Clifford Prison Countdown Clock: http://www.timeanddate.com/countdown/ge ... sz=1&swk=1

The number 82 is no longer showing

I realised that it would be a hassle to manually change it each day.

[Hanslune]

Outstanding! Thanks just what I was thinking of.

Edited to add it looked correct when I first viewed it but after putting in my comments it changed to this

Dean Clifford Prison Countdown Clock: http://www.timeanddate.com/countdown/ge ... sz=1&swk=1

The number 82 is no longer showing

I realised that it would be a hassle to manually change it each day.

Yeah that works quite well - how cruel to post it as a comment to his youtube video!

[Jeffrey]

The f*ck does he mean not convicted?

[Wake Up! Productions]

The f*ck does he mean not convicted?

From previous Facebook comments I get the feeling that Dean didn't consider his trial to be a real trial, and it wasn't in a real courtroom, therefore he wasn't convicted, and he isn't going to be sentenced !!!

[LordEd]

I think the countdown will likely be a countdown to the next failure to appear and Dean being a fugitive again.

[Hanslune]

I think the countdown will likely be a countdown to the next failure to appear and Dean being a fugitive again.

I would agree that he won't show up. In Canada what is the normal response from the court if a person doesn't show up for sentencing?

[Llwellyn]

Failure to show up for sentencing.. will result in a lotta bad mojo.. heh warrants will be issued, and because it is Firearms related, he will be considered a potential violent/dangerous threat. The bail bonds will be revoked, and those that put up the cash.. will lose it all.. wait.. that is FIAT CASH.. (love when they bandy that around.. as ALL currencies are FIAT forms)... and it is just fake money.. so really, no loss at all to anyone.

[Wake Up! Productions]

Failure to show up for sentencing.. will result in a lotta bad mojo.. heh warrants will be issued, and because it is Firearms related, he will be considered a potential violent/dangerous threat. The bail bonds will be revoked, and those that put up the cash.. will lose it all.. wait.. that is FIAT CASH.. (love when they bandy that around.. as ALL currencies are FIAT forms)... and it is just fake money.. so really, no loss at all to anyone.

The thought crossed my mind that Dean's current "donation" drive may be a way to raise money to pay back his father and step-father the $30K that they will lose if he does run. Just a thought.

BTW - I'm blasting this out over Youtube and Facebook: Official Dean Clifford Prison Countdown Clock https://www.youtube.com/watch?v=jGfJFcesRGo

[notorial dissent]

The thought crossed my mind that Dean's current "donation" drive may be a way to raise money to pay back his father and step-father the $30K that they will lose if he does run. Just a thought.

That's a nice thought, but altogether too altruistic and unselfish and considerate of someone else to be coming from that quarter.

[Jeffrey]

Still got a gut feeling you should hedge on the prison thing.

[Wake Up! Productions]

Still got a gut feeling you should hedge on the prison thing.

As Ninja said, and I totally agree with:

do you think dean is a capable of showing the court that he sees the error in his ways that has lead him down this unfortunate path? will he convince the court he now intends to live as a productive member of society? can he show he no longer intends to keep unregistered and restricted weapons in his drug production facilities?

even then if he could do that, the punishment must fit the crime. and he is guilty of several offenses. many by indictment. some with aggravating factors. like keeping firearms, unregistered, at least one a prohibited handgun. not to mention his jailhouse conduct and utter and complete lack of remorse.

[notorial dissent]

I don't think he is in the least repentant or has any intention of changing, and I think his current actions are sufficient proof of that.

[grixit]

The f*ck does he mean not convicted?

From previous Facebook comments I get the feeling that Dean didn't consider his trial to be a real trial, and it wasn't in a real courtroom, therefore he wasn't convicted, and he isn't going to be sentenced !!!

There was a faith-healer of Deal
Who said, "although pain isn't real
If i sit on a pin
and should puncture my skin
I dislike what i fancy i feel"

[pigpot]

I don't think he is in the least repentant or has any intention of changing, and I think his current actions are sufficient proof of that.

A man of conviction....... Truly. Well played Deano. Kudos, love and light to you brother. Had 'em round at my place the other night. Scum and filth. We laughed our t1ts off when they left. Had a family friend around today who laughed "her" breasts off at their rubbish attempt to do something. Another family friend came around ten minutes later and he was in hysterics at how crap the "POLICE" were. We doubled them up. They fecked off quite quickly, within 6 minutes 48 seconds.... Next week, we'll be getting it "shopped" to take out the faces but I told them they'd be on "youtube".

They are the next youtube "STARS". Awesome.

Our thoughts are with you "Deano"........ Keep strong "Clifford".........

[LordEd]

A man of conviction.......

Several per the judge.

[eric]

Failure to show up for sentencing.. will result in a lotta bad mojo.. heh warrants will be issued, and because it is Firearms related, he will be considered a potential violent/dangerous threat. The bail bonds will be revoked, and those that put up the cash.. will lose it all.. wait.. that is FIAT CASH.. (love when they bandy that around.. as ALL currencies are FIAT forms)... and it is just fake money.. so really, no loss at all to anyone.

I've been a "citizen jailer" (surety) three times, so that although I'm not a lawyer, I have experience with the Canadian bail system. I also revoked my bail three times, but maybe because "I'm a right b***ard" in the words of a police officer on one revocation - I just viewed it as protecting my own interests, since the monies were on the same order as Clifford's.
1. A Warrant will be issued for his arrest, I don't know whether it will be Canada wide or not.
2. His bail was large enough to cause potential financial hardship to his babysitter (surety), but probably was not a cash deposit since he wasn't deemed a flight risk and they were family who were relatively local to him.
3. The Crown would go to the Courts to apply to seize the monies from the surety claiming inadequate supervision by the surety. The surety does have some defences, but they better be on the order of "I visited him last night to ensure that everything was fine and he was ready to go to court, and the next morning as I was driving him to court he jumped out of the vehicle and sped away".
4. The sheriff seizes the money from the surety's bank accounts or puts a lien on their real property.

I can only speculate as to the surety's motivation for making bail for Dean. It is most probably simple familial or friendship ties. However, there is always the possibility that the surety is a "silent" FMOTL. A surety can revoke bail by simply saying they disapprove of the person's conduct while on bail, even if they haven't broken any of the bail conditions. Even if there are no legal challenges, the whole process of seizing the money may take up to six months, more if they have to put a lien on the surety's home. Put up some OPCA legal gibberish and it would certainly be interesting... If I was a true FMOTL I would start with a CHRA challenge. A magna carta type assault probably wouldn't work since I believe that the Canadian bail system is closest to the 1000 year old system.

[eric]

A magna carta type assault probably wouldn't work since I believe that the Canadian bail system is closest to the 1000 year old system.

As an addendum to the above, the Canadian system can best be described as a three way contract between the parties. A defence lawyer would ensure that the surety, as a "citizen jailer" has personally spoken with the accused, is aware of their responsibilities, and has a practical means of keeping the accused on the straight and narrow. Examples would include: where would they live, daily visits or calls, employment or counselling requirements, etc. If the surety does not carry out their responsibilities, they are in very real danger of losing their bond should the accused screw up.

[Burnaby49]

The Beginning is Here - Dean Clifford - 14 August 2015

https://www.youtube.com/watch?v=LVIlBe21Ilw

At about 01:22:30 Dean claims he wasn't convicted, and that he isn't going to prison in November !!!

Just back from five days at a beachside condo unit (rented) at Qualicum Beach on Vancouver Island. Retirement is hell. Anyhow, since there is some confusion on what Dean might face at sentencing (apparently including Dean), I asked an expert what Dean is facing. A contact who is involved in the courts on criminal matters. What follows is his reply;

He has been convicted on 14 charges, but the serious ones are:

Criminal Code s. 95 - possession of a loaded prohibited firearm (count 11)
Controlled Drugs and Substances Act, s. 7 - production of marijuana (count 14)

Both these charges have a mandatory minimum sentence:

Criminal Code, s 95(2):

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, three years, and

(ii) in the case of a second or subsequent offence, five years; or

As far as we know this is Clifford's first offence, so 95(2)(a)(i) probably applies.

CDSA, s. 7(2)(b):

(b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of

(i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,

(ii) imprisonment for a term of nine months if the number of plants produced is less than 201 and more than five, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,

(iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,

(iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,

(v) imprisonment for a term of two years if the number of plants produced is more than 500, or

(vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;

The "subsection (3)" factors are where someone else owns the property, there was a safety risk to children, a public hazard, or the grow-op was booby-trapped. It's probable none of these factors apply. For argument sake we'll assume it was a small grow-op.

The mandatory minimum sentence for Criminal Code, s 95(2)(a)(i) was struck out as unconstitutional in R. v. Nur, 2015 SCC 15 because it is possible for someone to receive a three year sentence in scenarios that had little to no fault:

Given the minimal blameworthiness of the offender in this situation and the absence of any harm or real risk of harm flowing from the conduct (i.e. having the gun in one residence as opposed to another), a three-year sentence would be grossly disproportionate. Similar examples can be envisaged. A person inherits a firearm and before she can apprise herself of the licence requirements commits an offence. A spouse finds herself in possession of her husband’s firearm and breaches the regulation. We need not focus on a particular hypothetical. The bottom line is that s. 95(1) foreseeably catches licensing offences which involve little or no moral fault and little or no danger to the public. For these offences three years’ imprisonment is grossly disproportionate to a fit and fair sentence.

The court then continued to confirm two sentences were correct that ordered substantial jail time for possession of illegal firearms. Note - that is most definitely NOT Dean's situation described by the Supreme Court.

Clifford cannot receive a non-prison sentence. In Canada an offender can be given a "conditional sentence" that is served in the community. This is prohibited by Criminal Code s. 742.1:

742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if
...

(b) the offence is not an offence punishable by a minimum term of imprisonment;

(c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life;

Clifford's conviction from the marijuana grow-op alone ends the possibility he will not be sentenced to prison time. A 'probation' or 'house arrest' sentence is illegal.

So what are we looking at for potential sentences:

R. v. Johnson, 2013 ONSC 4217 - drug dealer is found in his apartment with a loaded prohibited pistol. Has a minor history of criminal conduct. Did not plead guilty. Will be deported as is a Jamaican. Four year sentence.

R. v. Nascimento, 2014 ONSC 6739 - drug dealer convicted of multiple firearms offences, including possession of a prohibited loaded submachinegun. No drugs were found, however. Nascimento is a Freeman on the Land and may have advanced some unusual arguments at some points. Nascimento had an extensive history of criminal misconduct. Mitigating factors include Nascimento is a drug addict, and is now attempting to change his life. Total sentence of six years, 2 months.

R. v. Holt, 2015 BCSC 462 - crack cocaine user found in a car with a loaded prohibited revolver. Limited family support. Breached bail conditions. Lives a marginal lifestyle with prostitutes and addicts. No prior criminal record. Unfavorable pre-sentence report. 2.5 year total sentence.

R. v. McCormick, 2012 NSSC 150 - Freeman on the Land found in public with a loaded, prohibited firearm. Threatened to kill police officers. Argued Freemanism miracled him out of restrictions of firearm use. Drug and firearm criminal history, alone with Detaxing activities in 1997-2001. Received a three year, 150 day sentence, which was confirmed on appeal.

R. v. Prosser, 2014 ONSC 6466 - first-time offender found guilty of possessing a prohibited loaded firearm and cocaine for trafficking. Was 18 at the time of the offence, acquired the gun to protect himself after being shot in a robbery, strong family support, offender showed post-offence improved conduct. Sentencing judge concludes has a low likelihood of re-offence. Drug dealing was at a low 'street' level. 2.5 year prison sentence.

R. v. Gladish, 2014 BCSC 977 - marijuana drug dealer found with a prohibited pistol in his residence. Quantities of drugs indicate 'street level' dealing. Drug trafficking and armed robbery criminal record. Court concluded reasonable chance of rehabilitation due to family connections (I think that's stretching it judging from the facts described). 3.5 year prison sentence.

R. v. Rider, 2013 MBQB 116 - offender operated a "stash house" for weapons and drugs. Plead guilty. Prohibited weapon was a sawed off shotgun. Was the base station for a 'dial-a-dope' operation. Young aboriginal offender who claimed a bad family/social history. While some supportive family present rated as a high risk for re-offence. Seven year two month sentence ordered, and eight or more years would be appropriate if offender had been older or had criminal history.

These are the kind of 'comparator' cases that will Dean will face when being sentenced. A judge is supposed to order a sentence comparable to other similar criminals. The chance of Dean getting a sentence for less than two years is zero. None of these comparators received that short a sentence.

We don't have Dean's pre-sentence report (yet!) but it's safe to say he has almost no mitigating factors that we are aware of:

1) he didn't plead guilty
2) he claimed a legal right to have the guns and drugs because he is outside the law
3) he has a criminal history
4) his associates are criminals who hold anti-government beliefs that reenforce his illegal conduct (arguably terrorist beliefs, if one spun it right)
5) any social support is has is from this counterculture in which he is not merely immersed, but he is a leader, and who encourage his illegal activity
6) he isn't aboriginal
7) he has shown zero remorse, but the opposite
he attempted to frustrate the criminal trial process
9) he engaged in paper terrorism against the Crown and judges: lawsuits and possibly liens
10) he is not young, but instead is an adult
11) he engaged in illegal conduct while in remand (may not be considered since he was acquitted on those)

The only mitigating factors I can think of is that;

1) he appears to perhaps have a job/run a company, but that won't be worth much if it turns out he's not paying taxes. (And given the Federal Crown is involved, you can be damn sure that data is in their hands.)

2) did not disappear once he was granted bail.

I think a realistic range is 5-10 years, and if the pre-sentence report explores Dean's anti-government world thoroughly, it could be significantly higher.

[Hanslune]

Excellent report and analysis - thank you very much.

However I hold to the point that he will not go to the court and will try a stunt that will end with him dead or under even more serious charges.