Freeman-on-the-land argument 'deserving of no further attention, energy:' Judge

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March 31, 2017 - 11:46 AM

KELOWNA - A B.C. Supreme Court judge has rebuked another so-called freeman-on-the-land, barring him from acting in court for others who follow his flawed 'legal' doctrine of ignoring Canadian law and refusing to pay income taxes.

According to a decision in Kelowna Supreme court, Kazimierz Chester Crischuk, also known as Kaz Crischuk, Kaz-Chester: Crischuk, Kazimierz-Czelaw: Crischuk and Mythlim-Axkw, attempted to represent several people in serious court cases. At his own hearing in Kelowna for practicing law without a licence, Supreme Court judge Gary Weatherill says he opened his argument by using the Holy Bible as a book of authority in court.

Calling his arguments "complete nonsense" Weatherill sided with the Law Society of B.C. in compelling Crischuk from practicing law and ordered him to pay costs of $2,600 to the society.

Weatherill says in his decision that Crischuk refers to himself as an "independent public accountant" but he's never been a member of the Law Society of B.C. nor a registered lawyer in any province.

Crischuk was previously convicted and jailed for evading taxes and for preparing false tax returns for his clients. He represented himself when defending those charges and Weatherill says Crischuk "repeatedly and unsuccessfully" used several tactics in his arguments.

Some of the tactics used are common with the "Freemen-on-the-land" movement. Followers of the movement and loose association believe they're freeing themselves from an overbearing government which has overstepped its bounds.

The Law Society filed the petition after a complaint that Crischuk was practicing without a licence. On March 17, 2016, a company had commenced an action in New Westminster Supreme Court after a man named Perry Mazzei had a credit card debt of roughly $40,000.

Mazzei told the company months later he had obtained Crischuk as agent, and he also spoke with a paralegal from the Law Society about his new counsel. Mazzei told the paralegal he had been receiving representation and legal advice from Crischuk.

In August, the Law Society wrote Crischuk saying they believed he was practicing law unauthorized and sought an undertaking that Crischuk stop practicing law without a licence. He didn't respond to that note.

But in Crischuk's submissions, Weatherill said, he didn't seem to understand why the court was hearing the petition.

"It seems that he does not recognize this Court's jurisdiction to either hear this petition or deal with the petition," Weatherill said. "His book of authorities starts with the Holy Bible. His submission was that the Bible was really the only authority there is."

Weatherill said Crischuk also relied on the Federal Interpretation Act, the British North America Act of 1867, the Statute of Westminster and other "unhelpful or irrelevant" statutes.

"He seems to suggest that the laws of Canada and the provinces are invalid, focusing on the various positions of governors general of Canada and the authority he says they did not have to enact laws or appoint provincial governors general," Weatherill said. "He also seems to believe that the laws of this province, including the Legal Profession Act, do not apply to him."

Crischuk claims he's a man created in the image of God and says he has no contract with the "legal fiction corporation" called the Law Society. In a sworn affidavit, Crischuk referred to Queen Elizabeth swearing an oath on the Holy Bible when she became the Queen.

"As I hear him," Weatherill said, "he completely denies the constitutional history of this country as it applies to the rights and obligations of its people before the law."

Weatherill called Crishuk's submissions incoherent, rambling and "complete nonsense." He said Crischuk has a distorted view of the legal system and found no valid legal arguments from Crischuk.

"They have no legal, historical, or constitutional foundation," Weatherill said. "They are deserving of no further attention, energy, or comment."

Weatherill found Crischuk has been practicing law without a licence and ordered him to pay the Law Society of B.C. a total of $2,600 in costs.

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