from k1w1 on 07/18/2015 12:29 PM
Hello Quatlooshill, a.k.a. Burnaby49
You said: "Menard has since preached the same routine, even though he knows it is false, or at a minimum, it doesn't work.
This is a problem."
No, actually this is not a problem.
Presumably you believe this is a problem because you think people who are party to his "preaching" about law will end up in litigation which will inevitably cause them harm because, as you rightly point out, those ideas are not accepted by the courts and Rob Menard knows it. Therefore you believe Rob Menard must be, or should be, responsible for causing that harm to these people... if not fully responsible then at least partly responsible, eh.
If that's what you believe, my friend, then you are sadly mistaken.
As Justice Rooke observed in the reasons for his decision in the Meads v Meads case: "Courts have commonly rejected claims by OPCA litigants that their actions were in good faith or innocent". He also noted: "The justices of this Court routinely encounter OPCA litigants who seem quite willing to 'pull the wool over their own eyes'."
People who are recipient to Rob Menard preaching about matters of law are not being harmed any more than they are by someone preaching about laws from the Bible or by watching any of the many Law & Order-type programmes that fill the television screens.
For those people who decide to go off and actually practice what Rob Menard preaches, far from being some sort of innocent clean slate corrupted by exposure to Rob Menard as you try to portray them, Burnaby, these people will have been predisposed to the ideas preached to them (e.g. to evade taxes, to not register their vehicle, to avoid financial obligations, to get something for free, etc., etc.) and they will be well aware that what they're trying to do is essentially faulty. Far from being the unwitting victims of a scam perpetrated on them by Rob Menard, as you apparently believe (or want others to believe), they are in fact willing participants in whatever scheme they're involved in to further their own predisposed interests.
People who attend to Rob Menard preaching about matters of law have no reason to believe that he is any sort of legal professional or that he is imparting professional legal advice; people have no reason to believe he is anything more than some bloke down at the pub who has an opinion about how he reckons some aspect of the law works. Even if people give him money or otherwise pay to be party to his sermons still doesn't give anyone a reason to believe they're receiving information or advice that will be accepted by the courts or any other authority.
Like any ordinary person Rob Menard is free to have and to express an opinion or a view about any aspect of the law he wishes even if his view is wrong or is contrary to the crown's position, and even if he knows it is wrong. Rob Menard is under no obligation to correctly interpret the law since there is no reasonable expectation that anything he (or any other ordinary person) says about the law will be legally correct or acceptable to the courts or the crown.
Given there can be no reasonable expectation that anything he says about law will be accepted by the courts or anyone else, it is entirely incumbent on a person to properly verify any legal information they may be in receipt from him before they go ahead and use it -- and that's regardless of how sound or reasonable the information may seem to be to them. But that's not what these people do -- quite the opposite.
Even though they claim to do research (they call it doing their "due diligence") what they do instead is dismiss any information or advice that disagrees with their scheme even if it comes from sources who they have no reason to distrust or doubt, such as friends or family or people who are legal professionals, will dismiss that in favour of anything that supports their scheme, even from sources that they have no reason to trust or expect to be either legally correct or to have their best interests at heart.
These people do not require Rob Menard to inform them that the schemes he preaches about won't be accepted by the courts. Beyond the fact they have no reason to expect anything Rob Menard tells them will be accepted by the courts, they also know as well as you and I and everyone else that these schemes are wrong-headed and faulty and would never be accepted by the courts, they know as well as everyone else that no one in society conducts affairs in the way their scheme demands but they wilfully go against their own common knowledge and forge ahead anyway and try to force it. As well as that, as well as their own common knowledge telling them it won't be accepted, in the past few years their "research" will undoubtedly have made them aware of the Meads v Meads case in which Justice Rooke explicitly states that none of these so-called OPCA schemes has ever been accepted by the courts nor will they ever.
These people have got no excuses for the way they decide to act -- but you do try to excuse them.
These people -- who you try to portray as some sort of victims whose actions, or "fires" as you put it, Rob Menard should be responsible for -- these people are not acting with anything that even approaches good faith or honesty and to try and suggest otherwise is just pulling the wool over your eyes or our eyes. When they go off and try these things they're acting no better than Rob Menard is when he also tries doing the same thing, but you only cast one of them, Rob Menard, as a villain and the rest as victims. That's just perverse. They're all as dishonest and as culpable as each other when they wilfully practice their little schemes.
Except you don't really even condemn Rob Menard that way: For you his culpability lies in preaching nonsense about law, which he is actually entitled to do, more so than in the actual practice of it. Or so it seems to me.
As for the crowd of de-taxers who you purportedly have some admiration for... Yeah, well, those people are not being any less dishonourable simply because they advertise their court failures after the fact. An honest person, or a person who was acting in good faith, would run their tax avoidance idea, their "loophole", past a chartered accountant or a tax lawyer before they actually put it into practice.