Constitutional Challenge Update 3: It's been tossed in lower court, but far from over. – Adamson Barbecue

Constitutional Challenge Update 3: It’s been tossed in lower court, but far from over.

By now, I think most people know that our entire legal challenge was dismissed in Superior Court. We have 11 expert reports, none of which were challenged by the government. We have 9 questions of constitutional law, only 2 of which were countered by the government. Yet, not a single thing was heard today. No jurisdiction, said the judge.

This begs the question: if a Superior Court justice doesn’t have the jurisdiction to hear a constitutional challenge… who does??

What experts? What evidence? What Charter? They don’t exist, according to this judge.

What happened was a complete joke. If the government found a defect in our challenge, they could have brought a motion to strike, which would have been the correct action. Absent that, the judge could have adjourned the proceeding to allow us to do what the government and court wanted. But that would’ve been logical, reasonable, fair and just. Can’t have that.

The ONLY limitations to a Notice of Constitutional Question are 15 days of notice, in the proper form, with a sufficient evidentiary record. The Supreme Court has weighed in on this many, many times. I know all the cases off the top of my head. Dunedin in 2000, Doucet-Boudreau v. Nova Scotia in 2003, Vancouver v. Ward in 2010, Guindon v. Canada in 2015 and Ernst v. Alberta Energy Regulator in 2017.

The Superior Courts in this country have the broadest jurisdiction and maximum power and authority to hear every civil proceeding, especially constitutional proceedings. In a free and democratic society under British Common Law, one is subject to natural justice and fundamental justice. Simply put, one has the right to be heard. And that right was denied to Adam. Access to justice was denied.

This is the first time a Notice of Constitutional Question served and filed months in advance with a huge evidentiary record was refused to be heard in a Superior Court in Canadian history. The rule of law has been cancelled, once again.

If we had done this like the government and court wanted, then the injunction would have lapsed and another proceeding would have been brought… only for us to be told it’s res judicata (Latin for “already judged”) and we are trying to re-litigate the matter.

Damned if you do. Damned if you don’t.

We have a slam dunk, prima facie, open and shut case. The government hasn’t touched any of our evidence with a 40 foot pole and has minimally addressed a couple of our arguments, while ignoring the rest.

We will see this through to the Court of Appeal and are prepared to take this all the way to the Supreme Court. The evidence and the law are stacked in our favour. Please share our 11 expert reports worldwide and speak out.

We do not consent. We will not comply. We will not obey. WE WILL NEVER GIVE IN.

Most sincerely,

Chris Weisdorf

Advisor and coordinator of evidence for Adam Skelly and Adamson Barbecue

11 responses to “Constitutional Challenge Update 3: It’s been tossed in lower court, but far from over.

  1. Is it possible that some in the Common Law Movement are correct in that you are being stopped immediately in “civil” court? In other words, you have no jurisdiction or standing there, and never will, because you have none under that procedure.

    It seems to me that legacy legal and common law advocates need to band together and figure out how to get the court process back into our – we the people’s – hands. Do not throw the “practiced” lawyers under the bus. That would be like throwing the baby out with the bathwater. And the new common law movement needs to be listened to by traditional law practitioners; there is a synergy somewhere in that collaboration that will lead us to a resolution of our current stalemate.

    I have noticed the divided experts. (Traditional constitutional lawyers [most experienced in civil/case law ] and the common law-yers – are ignoring each other. One says: You have no idea what you are talking about. The other says: It’s all your fault and you are all corrupted and are disinformation agents working for “the Man.”

    The “powers-that-be” find this is a very successful divide and conquer strategy and and let it play out on its own.

    From “our” perspective – it needs to be stopped needs be stopped if we are to be successful in moving forward..

    Oh. And do not be surprised when you get to the Supreme Court and find the same thing transpires; no standing; no jurisdiction. For The Supreme Court of Canada – like all “supreme” courts – is not “we the people’s” friend. Nor is it interested in your cause. If they were – they would be getting pro-active on getting these matters resolved. Instead, all they are doing is waiting till you show up so they can look down their nose at you and say : No. You do not belong here.

    As well, do not let the name “supreme” fool you. All they are doing is supremely, effectively and strategically wasting your time and your money “in the ‘civil’ process” until you have neither left.

    Best of luck.

    Sincerely,

    Terry McDonald – Beeton ON Canada.

  2. May god bless you for everything you have done and doing for the kids in this unpleasant time.
    Without people like yourself and the people around you, we will be totally lost.
    No idea how the blindness still controls people’s life and choices, it is a crazy time when the prime Minister of Canada should be the owner/chef of a great great BBQ place.
    Sounds funny but 100% true,thanks for making great food and helping our brothers and sisters.
    God bless you all in this war

  3. Hello Adam;
    I welcome you and your family to Alberta. I have a golfing buddy whose butcher shop was invaded by the covid police (oh&s) in Sherwood Park a couple of weeks ago resulting in a $14,000 fine.
    It occurs to me that there is a possibility of connecting your defense and people with him before he hires some hack.
    I am reaching out to probe those possibilities.
    I wish you and yours well

  4. Good morning, Chris: Great job you are doing on behalf of Adam Skelly.

    As a former paralegal I agree 100% with your comments about the destruction of the Rule of Law in Canada–most poignantly in Ontario and Alberta. Ref: ONCA Justice Lauwers: https://www.youtube.com/watch?v=H5WTRCO-u9U at the Runnymede Society.

    In this video Justice Lauwers refers to the ‘collapse’ of the Rule of Law.

    I believe the Rule of Law is being ‘willfully’ destroyed and reminds me of F.A. Hayek’s arguments posited in the ‘Road to Serfdom’. I’ve experienced the same behaviour against my client from a Landlord and Tenant Tribunal that refused to hear arguments and in contravention of the Landlord and Tenant Act; switched tribunal chairs mid-hearing and then upon completion refused to make a ruling until I threatened of moving the case to a higher court–then produced a decision (8 months late) by an adjudicator who did not hear the evidence. Couple your experience with the Alberta Court of Queens Bench issuing ex parte injunctions and incarcerating people even though the government knew the citizen had legal representation–speaks loudly to a co-ordinated effort to dismantle the English legal system as a the foundation of Law in Canada.

    Keep up the great work.

    Bob

  5. Please read my blog first few posts re my attempt to sue a health authority.
    It was dismissed over procedural errors and the urgent need to clear the reputation of the defendants.
    How can dismissing a litigation before trial clear the reputation of the defendants.

  6. We are at war with the woke commies that have made a slow and deliberate infiltration of every aspect and institution of western Society. Those that see know it. It’s people like you Adam that say F you I’m not taking this shit and actually do something about it. Unlike the pussies that back out and cower. Cheers from Saskatoon and all the power to you and your team.

  7. Keep fighting the good fight! I look forward to trying your BBQ. After all, we are NOT all in this together

  8. Your “case” has been tossed where it belongs. To the garbage…. Kudos to Superior court for not wasting our tax dollars….

  9. We’ll see if you “approve” our previous comment, since you’re the “champion” of free speech, we don’t see why not, unless of course you’re nothing but a hypocrite…

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