LETHBRIDGE: 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
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
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
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.
After taking a break to consider both sides, Justice Tillman dismissed
Fearn's application, saying there was no basis in law to quash the case. He then
noted that he would not impose the cost application against Fearn for $4,000.
The judge also added a condition that Fearn can not file further applications in
the Court of Queen's Bench, unless he gets the proper consent from a judge to do
Fearn will go to trial in March.