With lawful excuse

1

• With lawful excuse
• Taking back authority from government.
• A presentation of thoughts and activities of
• Freeman-on-the-Land Robert Menard, Canada.
• www.thinkfree.ca

2
Every society must have its protectors and its
critics. If protectors have to much power abuse
and stagnation will inevitably result. If the
critics have too much power the stability
required for a flourishing society is lost. Only
when both work together does a societal structure
thrive. (From Henry David Thoreau)
3
How can a group of people or individuals taking
the role as critics in society empower themselves
in relation to government and legal authorities
by knowing and using the law and the judicial
system? From a Master-Subordinate to Equals!
4
How do authorities gain legitimate power?

5
How do authorities gain legitimate power?
Words and Discourses!
6
How do authorities gain legitimate power?
Words and Discourses! How can we create a more
equal relation?
7
How do authorities gain legitimate power?
Words and Discourses! How can we create a more
equal relation? Questioning Words and
deconstructing Discourses!
8
Some fundamentals

• Dont be deceived by words!
• Ask for clarification
• (if they cant clarify they lose power)
• Question/deconstruct words revealing their
  ambiguous meaning

9
Example
Criminal code of Canada, section 127
(1) Everyone who, without lawful excuse,
disobeys a lawful order made by court or justice
or by a person or body or persons authorized by
any Act to make or give the order, other than an
order for the payment of money, is, unless a
punishment or other mode of proceeding is
expressly provided bu law, guilty of (a) an
indictable offence and liable to imprisonment for
a term not exceeding two years or (b) an
offence punishable on summary conviction.
10
Example
Criminal code of Canada, section 127
(1) Everyone who, without lawful excuse,
disobeys a lawful order made by court or justice
or by a person or body or persons authorized by
any Act to make or give the order, other than an
order for the payment of money, is, unless a
punishment or other mode of proceeding is
expressly provided bu law, guilty of (a) an
indictable offence and liable to imprisonment for
a term not exceeding two years or (b) an
offence punishable on summary conviction.
11
What is Lawful excuse?
E.g. Killing an animal out of mercy Defending
children, animals or lawful property Honest
belief (mistake of fact) Necessity (saving or
protecting life) Entrapment, provocation,
duress Defence with claim of right

12
What is Lawful excuse?
E.g. Killing an animal out of mercy Defending
children, animals or lawful property Honest
belief (mistake of fact) Necessity (saving or
protecting life) Entrapment, provocation,
duress Defence with claim of right

13
What is Lawful excuse?
E.g. Killing an animal out of mercy Defending
children, animals or lawful property Honest
belief (mistake of fact) Necessity (saving or
protecting life) Entrapment, provocation,
duress Defence with claim of right

14
What is Defence with claim of right?
39 (1) Everyone who in peacable posession of
personal property under a claim of right, and
every one acting under his authority, is
protected from criminal responsibility for
defending that posession, even against a person
entitled by law to posession of it, if he uses no
more force than is necessary.

15
Notary Public and Claim of Right
Create a letter of understanding and
intent. Create a Claim of Right. If not protested
the notary signs a certificate forever barring
the other party or their agents from the rights
just claimed and established.

16
Winning the game by not entering

• What are the options in a conflict?
• Ignoring the Other
• Rejecting the others position/claim
• Accepting the others position/claim
• Engaging in a dialogue
• Asking questions
• Conditional acceptance

17
Winning the game by not entering

• What are the options in a conflict?
• Ignoring the Other

18
Winning the game by not entering

• What are the options in a conflict?
• Ignoring the Other
• Rejecting the others position/claim

19
Winning the game by not entering

• What are the options in a conflict?
• Ignoring the Other
• Rejecting the others position/claim
• Accepting the others position/claim

20
Winning the game by not entering

• What are the options in a conflict?
• Ignoring the Other
• Rejecting the others position/claim
• Accepting the others position/claim
• Engaging in a dialogue
• Asking questions
• Conditional acceptance

21
Example one Plougshare action
Creating a letter of understanding and
intent Creating a claim of right. (Use a Notary
or at least witnesses) The other party is
compelled to respond, if not, your position is
much stronger when doing the action

22
Example two IPRED
Deconstructing the law by identifying
ambiguities. If information about traffic is
stored, there is an obligation according to IPRED
to give it out after a court order. However,
according to the law concerning electronic
communication there is no obligation for the
operator to store information about traffic.
(E.g. Bahnhof Broadband) There is also no law
against providing a service anonymizing the
IP-adresses used in communication. Finally there
is no law prohibiting PIRATE BAY and other
providers of torrets and trackers to provide this
service to Swedish citizens if the service is
legal in the country of origin.

23
Comparing Sweden and Canada

• Basic ideas apply, but needs to be
  contextualised.
• No strong legal Rights tradition (but Sweden have
  ratified all charters on human rights)