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Gun Smuggling Case Takes A Bizarre Turn

 
 

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 Monday.

 

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 imprisonment.

 

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 left alone."

 

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 so.

 

Fearn will go to trial in March.



Posted on Monday, January 13, 2014 at 4/16/2014 5:27:57 PM
Source: Patrick Burles (@PatrickBurles on Twitter)-- Country 95 News
 
 
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