Landry (Re), 2021 ABQB 390

Court of Queen’s Bench of Alberta Citation: Landry (Re), 2021 ABQB 390 Date: 20210518 Docket: 2101 06420 Registry: Calgary Between: Vanessa Amy Landry Applicant _______________________________________________________ Memorandum of Decision of the Associate Chief Justice J.D. Rooke _______________________________________________________ I. Introduction [ 1 ] On April 30, 2021, my office received a package of materials from Vanessa Amy Landry [Ms.

Landry], including: 1. a cover page reading “PRIVATE TRUST DEPOSIT”, 2. a handwritten note that this is an urgent matter, 3. a one-page handwritten letter that reads: Dear Associate Chief Justice John D. Rooke. I accept the constitution Acts 1867-1982. I accept your Oath of Office therefore I am with the understanding that you will protect my rights as you have sworn to do, so help me God. I attach your Bond to all liabilities, debts, harm, or damage that may be caused to my person. I waive sections 1 and 3 and invoke sections 7 and 15 of the constitution Act of Canada 1982.

I look forward to the proper administration of Justice in accordance with the Constitution Acts. I hereby convene a constitutional court of Queen Elizabeth II for the security of my person.

Yours Truly vanessa by: [signature] - personal representative This document also has a Canada Post registered mail sticker attached, and has been cancelled with a Canada Post stamp. 4. A six-page typed letter that is witnessed by a notary public. 5. An unfiled Application [Application #1] and April 28, 2021 Affidavit of Ms. Landry. 6. A second unfiled Application [Application #2] that does not name any parties but seeks access to certain children, accompanied by a second Affidavit of Ms. Landry, affirmed on April 13, 2021. 7. A notarized Alberta Government Personal Property Registry Verification Statement. 8.

A handwritten list of contact information for five persons, including Ms. Landry. [ 2 ] Ms. Landry is currently subject to court access restrictions as a consequence of Ms. Landry employing Organized Pseudolegal Commercial Argument [OPCA] ( Meads v Meads , 2012 ABQB 571 [ Meads ]) strategies to evade debts in three Alberta Court of Queen’s Bench actions: Scotia Mortgage Corporation v Landry , 2018 ABQB 856 , court access restrictions imposed 2018 ABQB 951 [ Landry #2 ]. [ 3 ] While Ms. Landry’s materials are in certain instances confusing, her intent is nevertheless clear. Ms.

Landry is attempting to apply for permission, or “leave”, to file documents with the Court, pursuant to the requirements set in Landry #2 , at paragraph 38 , subparagraph 4. [ 4 ] As I understand Ms. Landry, her proposed litigation activities involve two separate family dispute scenarios: 1. Ms. Landry has four children with two fathers. The fathers currently have custody of the four children. Ms. Landry seeks access to those children, and that the children reside with her, at least in part. Ms. Landry makes many allegations of misconduct by one of the two fathers, GJ, who is the father of three children with Ms.

Landry. The relationship Ms. Landry has described between herself and GJ is high conflict. 2. Ms. Landry is currently living with, and in a relationship with, BS. BS has two children from a former relationship with CH. Ms. Landry indicates there are currently legal proceedings ongoing between BS and CH, and “[m]y name has been brought into” that proceeding: Alberta Court of Queen’s Bench Docket FL10 08018. [ 5 ] What complicates this matter is that the package received from Ms. Landry includes statements, concepts, and documents that are clearly OPCA in character.

OPCA strategies and ideas are legally incorrect and abusive strategies marketed to gullible, ill- informed, and often criminal anti-government activists: Meads . OPCA schemes are typically applied to evade income tax, as a “get out of jail free card”, to attack government and institutional actors, or as a way to purportedly nullify debts and get free money: Unrau v National Dental Examining Board , 2019 ABQB 283 at para 178 [ Unrau #2 ]. Employing pseudolaw is always an abuse of court processes, and warrants immediate court response: Unrau #2 at paras 180, 670-671 . [ 6 ] Ms.

Landry in her materials states that she has been educating herself about OPCA misconceptions, and recognizes these ideas abuse and misuse court processes. She agrees that steps such as court access restrictions “... are necessary in some cases ... for the greater good and I see that. ...”. Ms. Landry indicates she has reviewed Meads and academic literature written about pseudolaw. She says in 2018 she did not understand the implications of her actions, and: ...

It was not until recently that I had the realization of the importance of the Court system clamping down on people who employ abusive Organized Pseudolegal Commercial Arguments.

She states she has “... developed respect and knowledge of the Court system ...” as a result of her being subject to the Landry #2 court access restrictions, and her educating herself about pseudolaw. [ 7 ] A person who is subject to court access restrictions is presumed to engage in illegitimate litigation, unless the Court is satisfied otherwise: Re Thompson , 2018 ABQB 87 at para 19 , leave to appeal denied 2018 ABCA 111 , leave to appeal to SCC refused, 38204 (14 February 2019) [ Re Thompson ]. However, the threshold for a valid leave to file application is low.

As Nielsen ACJ stated in Re Thompson at paras 25-26: ... to initiate a court proceeding in the Alberta Court of Queen’s Bench [the applicant] is required to “demonstrate” that the proceeding is “not an abuse of process” and “there are reasonable grounds” for his proposed litigation. ... The applicant must establish “reasonable grounds” for its litigation, and “[depose] fully and completely to the facts and circumstances surrounding the proposed claim or proceeding”.

This standard is not onerous, since it is no more than mustering the evidence that a litigant would, in any case, require for their intended litigation. ... That information is critical to a reviewing judge being able to say whether or not a proposed action or application is an abuse of process. Provision of that evidentiary foundation falls to the person who applies for leave. ... [ 8 ] From my review of Ms. Landry’s materials, I believe she is attempting to satisfy that standard.

She has, for example, in her Affidavits indicated specific alleged facts, and provides an explanation of why certain outcomes should occur. She has provided documents and recordings that she says validates her claims.

[ 9 ] The problem, as I have observed above, is that Ms. Landry’s applications and materials still include OPCA strategies.

An application for leave to file may be rejected where the submissions exhibit indicia of abusive litigation: ET v Calgary Catholic School District No 1 , 2017 ABCA 349 , leave to appeal to SCC refused, 38081 (8 November 2018); Alberta Treasury Branches v Hok , 2018 ABQB 316 ; Thompson v Alberta Labour Relations Board , 2018 ABQB 220 ; Re Botar , 2018 ABQB 193 ; Trinity Place Foundation of Alberta v Templanza , 2019 ABQB 45 ; Onischuk (Re) , 2019 ABQB 229 ; Fletcher v Davidson & Williams LLP , 2019 ABQB 396 ; Ubah v Canadian Natural Resources Limited , 2021 ABQB 208 ; Knutson (Re) , 2021 ABQB 367 .

The OPCA component of Ms. Landry’s materials is a clear basis to reject Ms. Landry’s filings: Unrau #2 at paras 180, 670-671 . [ 10 ] I am mindful of my obligations, pursuant to Pintea v Johns , 2017 SCC 23 , to self-represented litigants, such as Ms. Landry. I therefore will take several steps: 1. Ms. Landry’s leave to file application is rejected as an attempt to abuse the Court’s processes via OPCA concepts. 2. Paragraph 38, subparagraph 6 of Landry #2 , states: “ An application that is dismissed may not be made again, directly or indirectly.” That provision does not apply to Ms.

Landry’s April 30, 2021 leave to file application. She is permitted to make a further leave to file application, if she chooses, subject to the guidelines detailed below. 3. The remainder of this decision will review Ms. Landry’s April 30, 2021 materials and provide information as to a number of issues, so that, if Ms. Landry wishes to make a valid, non-OPCA, leave to file application, she will be better positioned to do so. [ 11 ] In short, Ms. Landry says she wants to participate in Alberta Court of Queen’s Bench proceedings in relation to certain family disputes, and to do so in a valid, lawful manner.

This decision is intended to assist her in doing that. II. Family Dispute #2: BS and CH [ 12 ] The facts, as I understand them, are that BS and CH are separated parents of two children. There are presently family proceedings initiated by CH before the Alberta Court of Queen’s Bench, Docket No. FL10 08018. Ms. Landry lives with BS. Ms. Landry does not indicate that she has any legal rights in relation to the children of BS and CH. For example, she is not a guardian of the children. [ 13 ] If that is correct, then Ms. Landry has no standing to initiate litigation involving the children.

She is a third-party to that dispute. Her Application #2 at paras 5-8, 18-19, 21-22 purports to involve or relate to CH and the children of BS and CH. It appears Application #2 is a “parenting order”, as defined in the Family Law Act , SA 2003, c F-4.5 , ss 32-34. Applications for parenting orders may be made by one or more guardians: Family Law Act , s 32(1). Ms. Landry, therefore, appears to have no status to make an application of this kind. [ 14 ] That role falls to BS.

Since BS is not apparently subject to court access restrictions, he does not require leave to file an application relating to his children in the FL10 08018 action. Ms. Landry may provide evidence in that matter, for example by affidavit, but legislation does not permit Ms. Landry a larger role than that. This is BS’s family, not hers. [ 15 ] My review of Ms. Landry’s materials indicates that BS also subscribes to pseudolaw.

The six-page typewritten letter includes this passage: I am unsure as to whether or not [BS] can enter public courts as he is not in possession of the original security and has returned the birth certificate (reg # [XXXX-XX-XXXXXX]) to the Office of the Minister of Finance of Canada, indorsed and exempt from levy. (RN 517 496 450 CA) I am with the understanding that it may not be in [BS’s] best interest to ever mention RN numbers or securities in public courts. [BS] is with the understanding that he is not within her Majesty the Queen Et al organization (Canada), is in Canada but not “Of” Canada and that International Laws apply. [ 16 ] Further, the Personal Property Registry Verification Statement states there are eight “Debtors”, who are Ms.

Landry, BS, BS’s two children, and Ms. Landry’s four children. The “Collateral: General” for each “Debtor” is defined in this manner: Any and all credit and/or debt derived from the original Security Reg# [number in the format XXXX-XX-XXXXXX] up to and including but not limited to $500,000,000.00 The numbers in these collateral descriptions conform with Alberta birth certificate numbers. [ 17 ] The “Secured Party” for the Personal Property Registry Verification Statement is “2323676 Alberta Ltd.”, which has the same telephone number as BS, uses the same mailing address as where Ms.

Landry is living with BS, and has an email address that resembles BS’s name. [ 18 ] The Court is well aware of what the references to an “original security” and “birth certificate” mean, as well as the claims that BS is “not within her Majesty the Queen Et al organization (Canada) ... and that International Laws apply.” This indicates BS subscribes to “Strawman Theory”, a completely fabricated set of claims that birth certificates are a kind of contract that creates government authority over “flesh and blood” human beings through a conduit called a “legal person” or “Strawman”.

The Strawman is also purportedly associated with a secret bank account, that holds vast sums of money, which is why the Personal Property Registry Verification Statement indicates that there an “original Security Reg#” that is the same as the birth certificate numbers. [ 19 ] The fact that BS has sent his birth certificate to government officials is meaningless. Nothing has happened because of that. A birth certificate is not a “security”. It is an identification document - nothing else. BS is still subject to Canadian law, and not “International Laws”, whatever those might be.

Putting Canada Post registration number stickers on documents has no legal effect. That has no more legal relevance than putting a gold star or a banana sticker on a document. These practices are pseudolegal nonsense. [ 20 ] The good news for BS is he may enter Canadian courts just like any other person. I stress: BS is a person in law, and he

always will be a person in law. In fact, if BS were somehow to find a way to eliminate his person in law status, then, under the Englishcommon law, BS would be property, a slave: Pomerleau v Canada (Revenue Agency), 2017 ABQB 123 at paras 89-95 [Pomerleau].Fortunately enough for BS and Ms. Landry, that is impossible in Canada. [21] While I commend Ms. Landry for her educating herself concerning the differences between law and pseudolaw, she and BSneed to understand that references to or attempts to implement Strawman Theory have serious consequences.

She should read Meads atparas 417-466, Pomerleau at paras 67-88, Potvin (Re), 2018 ABQB 652 at paras 83-92, and Donald J Netolitzky, “OrganizedPseudolegal Commercial Arguments and Magic and Ceremony” (2018) 55:4 Alta L Rev 1045 to better understand why StrawmanTheory is nothing but a myth. Further, Ms.

Landry and BS should know that simply attempting to use Strawman Theory creates thepresumption that the person who advances these ideas does so in bad faith, and for an abusive and ulterior purpose: Fiander v Mills,2015 NLCA 31 at paras 37-40. [22] I stress this point because the Personal Property Registry Verification Statement appears to be an attempt to access fictionalsecret Strawman “birth bond” bank accounts, and obtain special extralegal status. While BS and Ms. Landry name themselves as“debtors”, and apparently are behind this document, BS and Ms.

Landry have also included their children in this pseudolegal scheme. [23] Attempting to implicate children in pseudolaw processes is a very negative indicator of parental fitness. Canadian courts haveruled that exhibiting OPCA beliefs is a serious reason to conclude that a person is not a fit parent.

Espousing OPCA beliefs means that aperson is not a suitable to be a child’s guardian or have custody of and access to the child: H v GJ, 2013 BCPC 242 at paras 136-166;MDC v TC, 2012 NBQB 376 at paras 19-20; Droit de la famille - 123381, 2012 QCCS 6120 at paras 6-8, 12, 111, 227, aff’d 2013QCCA 725; CP (Re), 2019 ABQB 310 at para 35; CP (Re), 2019 ABQB 388 at para 34-43; and AVI v MHVB, 2020 ABQB 489 at paras124-128. [24] In CP (Re), 2019 ABQB 388, Thomas J concluded, at para 43, that: “...

The false, paranoid, and anti-social beliefs that [theOPCA father] now espouses, and his illegal and abusive pseudolegal attempts to defeat Court and legal authority, means he is not asuitable guardian or parent. ...”. That is the potential consequence that faces BS and Ms. Landry if they continue to pursue OPCAconcepts in relation to their children. [25] I stress once again, any documents and processes purportedly undertaken by BS and Ms. Landry following Strawman Theory,and claims that birth certificates have hidden, secret significance, are a nothing. Ms.

Landry and BS obtained no benefit from takingthose steps. They will now suffer no negative consequences if they abandon these practices. What they choose to do moving forward isup to them. They now have no excuse to not understand the serious potential consequences of pursuing further ineffective OPCAmethods and theories. III. Family Dispute #1: Ms. Landry and Her Children [26] Ms. Landry’s Application #2 seeks a number of steps concerning her children, their fathers, and Ms. Landry’s sister. I am notgoing to respond to the proposed litigation, or detail Ms. Landry’s allegations.

The substance of those will be evaluated if Ms. Landrysubmits a second leave to file application following on these reasons. [27] That said, I do have several observations. First, Ms. Landry’s current documents appear to indicate there have been familysubject court proceedings that involve the custody of Ms. Landry’s children. If correct, then Ms. Landry needs to provide at least ageneral record of that litigation. Ms. Landry also indicates there are one or more existing parenting arrangements. If Ms.

Landry seeks tochallenge those, then she needs to provide the Court with those documents as part of her affidavit background, so the reviewing justiceknows the status quo. [28] Beyond that, Ms. Landry has made a number of pseudolaw references that should be avoided in the future. She, too, says sheis “... unsure as to whether or not I can enter public courts as I am not in possession of the original security and I have returned the birthcertificate (reg# [XXXX-XX-XXXXXX]) to the Office of the Minister of Finance of Canada, indorsed and exempt from levy. ...” Ms.Landry’s situation is the same as that of BS.

What she did with her birth certificate is a nothing. Her status to access courts, and that sheis subject to Canadian law, is the same as everyone else who is located in Canada. That has never changed - aside from her ongoing courtaccess restrictions. [29] Ms. Landry also wrote: I have learned that a public court venue is not a place to be verbalizing that “I am a woman”, “I have God given rights”, “Canadarecognizes the Supremacy of God”, “I am the beneficiary”, “the constitution’ etc etc.

The public courts only recognize “persons” andthat there is no such thing as an alive “persons” that could possibly be recognized as a man or a woman in a public court venue. I did notknow before and maybe that was something that I needed to learn the hard way by witnessing reactions in court venues, being tested andforced to see the beast from the inside. This is Strawman Theory nonsense. Ms. Landry is a person. That is all. There is only her. The same is true for how she signed herhandwritten letter, first as “vanessa” and then “by: [signature] - personal representative”. There is only one Vanessa Amy Landry.

She isnot a “personal representative” of herself. [30] Most of the rest of that letter is also nonsense. The claim to “... attach [my] bond to all liabilities, debts, harm, or damages thatmay be caused to my person ...” means nothing. Judges do not have a “bond”, but, instead, are protected by absolute immunity to legalproceedings based on judicial decision-making: Jordan v Nation, 2013 ABCA 117, leave to appeal to SCC refused, 35405 (19September 2013), citing Morier v Rivard, (SCC), [1985] 2 SCR 716, 23 DLR (4th) 1. What Ms.

Landry has written is athreat of litigation on abusive OPCA bases, and I am, unfortunately, very well aware that OPCA litigants carry through on those threatsagainst judges, albeit without any success: e.g. Williams v Payette, 2019 FC 800; Potvin v Rooke, 2019 FCA 285; Rooke v Williams,2020 FC 1070.

[ 31 ] Ms. Landry’s claim to “... convene a constitutional court ... for the security of my person ...” is further pseudolaw nonsense. The “security of my person” here is yet a further reference to Strawman Theory’s imaginary bank account concept. That does not exist. “Security of the person” in Canada is an aspect of Charter , s 7, a right to personal autonomy, and physical and psychological integrity: Carter v Canada (Attorney General) , 2015 SCC 5 at para 64 . Ms. Landry has no authority to “convene” any proceeding. The Court, and the Court alone, controls is own processes. [ 32 ] Last, Ms.

Landry called her filings a “PRIVATE TRUST DEPOSIT”, rather than an application in the Alberta Court of Queen’s Bench. That, of itself, is a reason to reject these materials. Ms. Landry can approach the Court according to its Rules and procedures, but framing her activities in a pseudolaw context will result in those materials being rejected. If she repeats this pattern, there is a very much reduced probability that further leave to file applications with this subject matter will be accepted. IV. Conclusion [ 33 ] Ms. Landry’s April 30, 2021 leave to file application is dismissed. Ms.

Landry has permission to submit a further leave to file application to me that relates to her status with her four children, following legal, not illegal procedures, as identified above. [ 34 ] I have gone into some detail in my response to Ms. Landry’s April 30, 2021 materials. I did so for two central reasons. First, the law in Canada recognizes the key role parents play in their children’s lives, and the benefits that result from that. Ms. Landry seeks more contact with her children. That should be facilitated, if a Court find that parenting time is appropriate. [ 35 ] Second, Ms.

Landry says she is taking steps to extricate herself from her earlier pattern of resorting to false, illegal pseudolaw strategies, and, instead, now will advance her rights under Canadian law and in Canadian courts. That should be encouraged. She is part- way there. I hope that my identifying her OPCA misconceptions, and directing her to actual legal resources, will help. The Canadian case law and legal authorities identified in this Decision may be viewed at no expense at the CanLII website (https://www.canlii.org). Ms. Landry and BS may both benefit from accessing that resource.

Recently, the Canadian Judicial Council has published handbooks for SRLs. The family law handbook may be downloaded here (https://cjc- ccm.ca/sites/default/files/documents/2021/Family%20Handbook%20-%20ENGLISH%20MASTER%20FINAL%202021-03-30.pdf). [ 36 ] Finally, I very strongly recommend that Ms. Landry and BS consult with a lawyer. Their misunderstandings of Canadian law put their relationships with their children at risk. If Ms. Landry and BS are unable to afford a lawyer, I recommend Ms.

Landry and BS contact a public legal assistance resource such as Legal Aid Alberta, Calgary Legal Guidance, the University of Calgary Student Legal Assistance, or Student Legal Services of Edmonton. [ 37 ] What happens next is largely in their hands, but the path forward is safer if Ms. Landry and BS receive valid and accurate legal information and advice. I encourage them to do so. Dated at the City of Calgary, Alberta this 18 th day of May, 2021. J.D. Rooke A.C.J.C.Q.B.A. Appearances: Vanessa Amy Landry Self-Represented Litigant