Notice of Understanding and Intent and Claim of Right
Affidavit (As of 18/11/08) with amendments by dates
Notice of Understanding and Intent and Claim of Right
Affidavit DTH 181105 - NUI&CR
I, :Dave-Thomas :Hutchings., a living, sentient, flesh-and-blood Soul, having no corporate status, do hereby make oath and state the following is my Truth and my Law. (Each point of understanding and intention and each claim of right are numbered for easy reference.)
It is my understanding that:
1. The geographical area known, as Canada and The Government of Canada are both common-law jurisdictions.
2. Equality before the law is paramount and mandatory.
3. The law of agent and principal applies and that service upon one is service upon both.
4. For something to exist legally it must have a name.
5. All governments are corporations, which provide services.
6. All governments and corporations are bound by the Criminal Code of Canada.
7. A statute is defined as a legislated rule of society which has been given the force of law over members of that society and those who beg to have those rules applied to them.
8. A society is defined as a number of people joined by mutual consent to deliberate, determine and act for a common goal.
9. The Law Societies and Bar Associations of Canada are the ones who create the statutes and therefore the statutes are applicable only to those members and to those that both beg and consent.
10. The language/s created by the Law Societies is/are not English and are sometimes called and hereby known as “Legalese.”
11. Legalese closely resembles English but is in fact not English and cannot represent English.
12. Only members of the Law Societies can fully understand Legalese.
13. It is deceitful and fraudulent to use Legalese in place of English without thoroughly informing directly affected parties of such and properly communicating all information in English.
14. Legalese cannot be lawfully used to create liability over anyone who is not a member of a Law Society because of a lack of understanding of Legalese.
15. Any contracts, agreements, charges, bills and so on are null, void, discharged and by all other means re-quitted if one of the affected parties who is not a member of a Law Society, and was ill-informed due to a lack of Legalese comprehension, declares.
16. Constitutional Law has supremacy over and is separate from Statutory Law with the exception that Constitutional Law governs, limits, and often voids Statutory Law.
17. The only form of government recognized as lawful in Canada is a representative one.
18. Representation requires mutual consent.
19. In the absence of mutual consent neither representation nor governance can exist.
20. All Acts are statutes restricted in scope and applicability by the Constitution Act.
21. Section 32 of the Constitution Act limits all acts to members and employees of government.
22. Those who both consent to representation and have a SIN (Social Insurance Number) are in fact employees of the federal government and thus are bound by the statutes created by the federal government.
23. It is lawful to abandon a SIN.
24. It is lawful to reclaim a said abandoned SIN.
25. People in Canada have a right to revoke or deny consent to be represented and thus governed.
26. If anyone does revoke or deny consent they exist free of government control and statutory restraints.
27. A claim of right establishes a lawful excuse and that this factual truth is expressed in Section 39 of the Criminal Code of Canada.
28. If one is in possession of property under a claim of right, they have the authority to appoint any one to protect that property with protection from criminal responsibility for defending that property, even against a person entitled by law to possession of it and that factual truth is expressed in section 39 of the Criminal Code of Canada.
29. If one has lawful excuse one is not obliged to obey a court, tribunal, statute, Act or order, and that this factual truth is expressed in Sections 126 and 127 of the Criminal Code of Canada.
30. Section 15 of the Criminal Code of Canada clearly establishes that it is lawful to disobey a de facto government or court.
31. All presently existing courts and governments are de facto only and not de jure.
32. Any court or government has a legal responsibility to identify itself as de facto or de jure and not doing so when asked is fraudulent and in fact a criminal offense of fraud.
33. Any and all binding agreements, contracts, claims, and so on, are accordingly requitted to null and void if they are in unfair or unreasonable violation of a human’s constitutional, natural or God-given rights if the said affected human declares so.
34. A Functional Sovereign has lawfully revoked consent and does exist free of statutory restrictions, obligations, and limitations.
35. I, :Dave-Thomas :Hutchings am a Functional Sovereign.
36. Acting peacefully within community standards does not breach the peace.
37. To breach the peace one must, without others’ permission, greatly threaten the safety of others, impede on the rights of others, or act in a disturbing, riotous manner in the presence of others.
38. All transactions of security interests require the consent of both parties.
39. Any action for which one can apply for and receive a license must itself be a fundamentally lawful action.
40. I am a Sovereign Freeman who operates with full responsibility and not a child of the government, I do not see the need to ask permission to engage in lawful and peaceful activities, especially from those who claim limited liability.
41. A by-law is defined as a rule of a corporation.
42. Corporations are legal fictions and require contracts in order to claim authority or control over other parties.
43. Legal fictions lack both a soul and sentience and cannot exert any control over those who are thus blessed and operate with respect to that knowledge.
44. The Government of Canada is actually a corporation with the name CANADA (Central Index Key 0000230098) registered on the Securities Exchange Commission and its business Address is CANADIAN EMBASSY 1746 MASSACHUSETTS AVE NW WASHINGTON DC 20036, and,
45. “Geographical Canada” or “Canada” refers to the geographical area commonly referred to as Canada, and “CANADA” or “the Government of Canada” refers to the Corporation with the name CANADA; and CANADA, though operating throughout geographical Canada, is not geographical Canada, and has authority limited to employees, members, registered persons, and so on.
46. Notices served to Corporations, or persons acting as principals or agents for said Corporations, retain legal validity, effectiveness, and authority of any established Claims and/or Understandings and/or Intents, without prejudice, if positions or persons holding certain positions of the said Corporations are replaced, succeeded or changed in any way.
47. The Corporation of CANADA has the legal responsibility to provide any and all public services listed in any acts to human beings in geographical Canada when requested to do so by the party/s to receive the service.
48. A Sovereign Freeman does not have to register, apply, beg, pay or be governed to exercise their God-given, claimed, natural, common-law or Constitutional rights.
49. Being served by CANADA does not forfeit the rights of a Functional Sovereign.
50. All services provided by CANADA are to support human rights and should be free for all humans and are free for a Functional Sovereign or are paid for by CANADA.
51. I have a right to use my property without having to pay for the use or enjoyment of it.
52. I have a right to claim 160 acres of uninhabited land anywhere in the geographic area commonly referred to as Canada.
53. I can freely claim the right to collect a pension if I have paid into it and claim that said right is not affected if I abandon my Social Insurance Number.
54. It is both a common-law and a God-given right are to travel freely by any peaceful means.
55. A Functional Sovereign and his or her guests can travel freely through the Common-wealth and Canada, unmolested.
56. It is a lawful to travel through the use of a non-commercial “Private Travel Conveyance,” which is an unregistered, private automobile held under a claim of right mentioned in the criminal code.
57. A Private Travel Conveyance can be lawfully unmarked and void of license plates.
58. It is lawful for a Functional Sovereign to mark and identify his Private Travel Conveyance as he or she wishes, such as through the use of identification plates, similar in appearance to license plates.
59. A Functional Sovereign may travel peacefully anywhere in the Common-wealth and Canada unmolested, including through the use of his or her Private Travel Conveyance of the day.
60. A Notary Public can and when requested will perform duties found under any Act, thus they have the power to hold court and hear evidence and issue binding lawful judgments.
61. A summons is merely an invitation to attend and the ones issued by the British Columbia Securities Commissions create no obligation or dishonor if ignored.
62. If the Notary fails in their Duty, then they have abandoned their post.
63. If a person in office, such as a Judge, fails in their duty or commits fraud, an affected Sovereign Freeman can claim and thus lawfully acquire any bonds or security funds that hold/held that person in office.
64. It is the duty of the Minister of Transport to ensure the safe traveling of the public.
65. The Minister of Transport must upon demand create and post insurance bonds to aid any Functional Sovereign in exercising their common-law rights to travel by any means whilst keeping the public safe, and that failure or refusal to do so is to accept and declare that insurance is not needed for a Functional Sovereign to lawfully travel.
66. Peace officers (Police Officers) have a duty to distinguish between statutes and law and have two roles, first as a Peace Officer and secondly as Policy Enforcement Officers and Policy Enforcement Officers those who attempt to enforce statutes against a Functional Sovereign are in fact breaking the law.
67. I have the right to bind by appointment any and all Peace Officers under Section 39 of the Criminal Code.
68. The Government of Canada has the legal responsibility to thoroughly inform all humans in Canada of the Government of Canada’s legal, financial, political, and so on, plans, policies, actions and all other relevant information, with the exception of some covert military operations.
69. Peace officers are required to aid any humans who request aid within the geographical area of Canada with any distressing, potentially dangerous, or law-enforcement issues in order to keep the peace.
70. A Sovereign Freeman has the right to refuse intercourse or interaction with peace officers that have not observed them breach the peace.
71. Permanent estoppel by acquiescence barring any peace officer or prosecutor from bringing charges against a Sovereign Freeman under any Act is created if this claim is not responded to in the stated fashion and time.
72. I claim that my actions, especially points 110., 111., and 112., are not outside my communities’ standards and will in fact support said community in our desire for truth and maximum freedom.
73. I claim the right to demand from the Government of Canada updated and proper paper copies of the entire constitution of Canada, any and all Bills, receipts and other publicly accessable documents.
74. I claim the right to engage in the actions stated in points 110., 111. and 112., and further claim that all property held by me is held under a claim of right as mentioned in the Criminal Code of Canada.
75. I claim the common-law right to travel through the use of a “Private Travel Conveyance,” which is an unregistered, private transport device held under a claim of right mentioned in the criminal code.
76. I claim the right to use a different Private Travel Conveyance of the day, meaning that I will sometimes be using others’ Private Travel Conveyances, or more of my own.
77. I claim the right to demand that the Minister of Transport create and post an insurance bond of unlimited value [for example, $10 000 000 or “TEN MILLION DOLLARS”] in Canadian dollars of and in surety to be released accordingly in the case that any members of the public or property of the public be damaged, injured, disabled or otherwise hindered in an incident which I and/or my Private Transport Conveyance/s, or ones I am using, are involved and that perfection of this claim is in fact that demand.
78. I claim the right to appoint the Minister of Transport the Fiduciary over the said insurance bond and that perfection of this claim is in fact that demand.
79. I claim that the use of a Private Transport Conveyance does not endanger the public because of a lack of a classical corporate insurance policy in agreement with an insurance company and is in fact as safe as “persons” driving with a corporate insurance policy.
80. I claim that Guests under the care and traveling with a Freeman-on-the-Land in or on his or her Private Travel Conveyance of the day enjoy the same freedom from statutory compliance as a Freeman-on-the-Land and thus cannot be subject to Policy Enforcement Officers.
81. I claim that my Private Travel Conveyance of the day is reasonably safe and mechanically approved for use through safety certification.
82. I claim the right to identify and mark my Private Travel Conveyances as I see fit, such as through the use of identification plate/s, and to inform the Minister of Transport of how I will be identifying my Private Travel Conveyance and to have the Ministry of Transport identify my Private Travel Conveyance thusly and that perfection of this claim is such: I :Dave-Thomas :Hutchings, Sovereign Freeman, will be identifying my first Private Travel Conveyance with the identification plate labeled “Functional Sovereign… SOVEREIGN CA.”
83. I claim the right to generate Lawful Excuse, which is a general term, which includes all of the defenses, which the common law considers sufficient reason to excuse a human being from criminal liability.
84. I claim the right to unconditionally claim 160 acres of uninhabited land anywhere in the geographic area commonly referred to as Canada.
85. I claim the right to de-register anything that has been registered by me or any of my belongings.
86. I claim the right to demand all dividends and transfer payments be directed to.
87. I claim the right to demand all the moneys I paid into the Canada Pension Plan.
88. I claim the right to demand the return of all property, shares, land and monies held in trust for me by Her Majesty in right of Canada and/or the Government of Canada and perfection of this claim is in fact that demand.
89. I claim that anyone who interferes with my lawful activities after having been served notice of this claim and who fails to properly dispute or make lawful counterclaim is breaking the law, cannot claim good faith or color of right and that such transgressions will be dealt with in a properly convened court de jure.
90. I claim the right to demand at any time that peace officers identify themselves thoroughly using THREE (3) required and matching documents: a badge number, business identification number, and Government-issued identification indicating that they are a policing agent of the Government, or some variation thereof.
91. I claim that an out-of-uniform peace officer or one who refuses to identify themselves cannot claim authority as such over anyone for any purposes, especially a Sovereign Freeman, and that attempting to do so is fraudulent and a criminal offense of fraud, and furthurmore that I claim the right to refuse intercourse with peace officers who have not observed me breach the peace.
92. I claim that, the Crown’s claim of; “All property reverts to the Crown for want of a competent heir”, as referred to in the escheats act, stands as a lawful claim, and,
Whereas Canada is an insolvency, an estate, where everything is owned by God and currently held in trust under the Crown until a competent heir(s) shows up and lays a lawful claim of jurisdiction.
93. I claim that the corporation known as “THE CROWN” and/or “HER MAJESTY QUEEN ELIZABETH II” and all human beings acting as persons, holding the subordinate position, [office of a person] in Canada are in fact deemed incompetent by all legal means and therefore require a legal trustee (third party to an action), to legally represent the incompetent one to any and all other corporations and corporate persons such as “The Courts of British Columbia” and/or “Government of British Columbia” and/or “Government of Canada” and so on.
94. I claim that all “persons” acting as Governments, corporations, principals, employees, agents and justice system participants claiming, “retained legal counsel” have, by virtue of their own and/or their principals’ actions, claimed “total incompetence”, in handling any of their own affairs in law and have become an instant ward of the court, hence, they are imprisoned by their own actions in hand or lack thereof.
95. I claim that due to the self evident and the facts in truth at hand, that all persons, the Crown, Governments, principals, employees, agents and justice system participants claiming limited liability or immunity are doing so under the pretense of being in fact deemed totally incompetent and under law made instant wards of the crown and/or court and therefore, cannot claim good faith or colour of right over anyone who is thus blessed to being a competent heir.
96. I claim the universal maxim of law, to wit; “the partner (Government) of my partner (agent: DAVID THOMAS HUTCHINGS) is not my partner (Sovereign Freeman)” applies herein and is in full force and effect.
97. I claim that the present courts in Canada are de-facto and bound by the Law and Equity Act and are in fact in the profitable business of conducting, witnessing and facilitating the transactions of security interests and I further claim they require the consent of both parties prior to providing any such services.
98. The right to establish for me or anyone under my care a FEE SCHEDULE for any transgression(s) against me, my family or anyone under my care that is or are perpetrated by peace officers, government principals, agents or justice system participants, those fees being ONE THOUSAND DOLLARS ($1 000.00) PER HOUR or portion thereof if being questioned, interrogated or in any way detained, harassed or otherwise regulated, and TEN THOUSAND DOLLARS ($10 000.00) PER HOUR if handcuffed, transported, incarcerated or subjected to any adjudication process without my express written and Notarized consent, and a minimum of ONE MILLION DOLLARS($1 000 000.00) for any violence brought against me, my family or anyone under my care, and TEN THOUSAND DOLLARS ($10 000.00) PER DAY if any personal property is being taken away from me without my express written and notarized consent, and that perfection of this claim are those establishments.
99. I claim the right to choose a lawful method of payment upon demand.
100. I claim the right to use a Notary Public, Commissioner or any two (2) people not related to me by blood or marriage to secure payment of the aforementioned FEE SCHEDULE against any transgressors who by their actions or omissions harm me or anyone under my care or my interests, directly or by proxy in any way.
101. I claim the right to engage the services of a Notary Public, Commissioner for taking affidavits and/or any two (2) people not related to me by blood or marriage to attest to my signature for verification purposes and does not constitute adhesion, contract or change in status in any manner.
102. I claim the right to convene a proper court de jure in order to address any potentially criminal actions of any peace officers, Government principals or agents or justice system participants who having been served notice of this claim fail to dispute or discuss or make lawful counterclaim and then interfere by act or omission with the lawful exercise of properly claimed and established rights and freedoms.
103. I claim the right to provide for myself or anyone who wanted it any service provided by the Government of Canada.
104. I claim the right to use any service provided by the Government of Canada that I deem necessary without such affecting my status as a Sovereign Freeman.
105. I claim the right to keep and use as I see fit any and all inheritances given to me.
106. I claim the right to determine what is best for me, my family and anyone under my care.
107. I claim the right to govern myself accordingly and to refuse any service or intervention by any level of government.
108. I claim the right to deal with any counterclaims or disputes publicly and in an open forum using discussion and negotiation and to capture on videotape said discussion and negotiation for whatever lawful purpose as I see fit.
109. I claim the right to have, in the event of my death, all of my property and inheritances that I pass on, protected by this Claim and that my Will is my final word.
1. I claim the right to play golf, shoot, boat, garden and kayak by my own rules. (Added 29/11/08)
2. I claim the right to learn. read, interpret and formulate conclusions at my own pace. (Added 22/12/08)
3. I claim the right be referred to as a Sovereign Freeman in place of Freeman-on-the-Land (Added 26/12/08)
4. I claim the right to be called Dave-Thomas of the Hutchings family, to be written :Dave-Thomas :Hutchings (Added 29/12/08)
5. I claim the right to us 'By:' to mean to be a agent for ____________________ . (Added 09/01/09)
Therefore be it now known to any and all concerned and affected parties, that I, :Dave-Thomas :Hutchings. a Sovereign Freeman do hereby state clearly specifically and unequivocally my intent:
110. To peacefully and lawfully exist free of all statutory obligations restrictions and maintain all rights at law to trade, exchange or barter.
111. To travel peacefully and lawfully within the geographical area commonly referred as Canada by whatever means I deem necessary.
112. To be a Steward of the land and waters of the geographic area of Canada and the Commonwealth including the land, which I claim.
Affected parties wishing to dispute the claims made herein or make their own counterclaims must respond appropriately within TEN (10) days of service of notice of this action. Reponses must be under Oath or attestation, upon full commercial liability and penalty of perjury and registered in the Notary Office herein provided no later than ten days from the date of original service as attested to by way of certificate of service.
Failure to register a dispute against the claims made herein will result in an automatic default judgment and permanent and irrevocable estoppel by acquiescence barring the bringing of charges under any statute, by-law or Act against My Self Sovereign Freeman
Directions for response
Affected parties wishing to dispute the claims made herein or to make their own counterclaims must respond appropriately within TEN (10) DAYS of service of notice of this action. Responses must be under Oath or attestation, upon full commercial liability and penalty of perjury and registered in the notary's office herein provided no later than ten days from the date of original service as attested to by way of certificate of service, and;
Failure to register a dispute against the claims made herein will result in an automatic default judgment securing forevermore all rights herein claimed and establishing permanent and irrevocable estoppel by acquiescence forevermore barring the bringing of charges under any statute, Code or Act against myself a Sovereign Freeman known as Dave-Thomas of the Hutchings family, and;
Use of a notary is for attestation and verification purposes only and does not constitute a change in status or entrance or acceptance of foreign jurisdiction.
The place of claim of right, geographical area known as Victoria, British Columbia, Canada.
Autographed and verified this _____ day of the month of ________________ in the year two thousand and eight.
:Dave-Thomas :Hutchings __________________________________
(Claimant) (Autograph of claimant)
Without prejudice, reserving all unalienable God given rights,
powers and privileges waiving none ever. In my correct
capacity as beneficiary of the original jurisdiction.
In verification to the above signature:
(Verifier - print) (Autograph of Verifier)
(Verifier - print) (Autograph of Verifier)
Send counterclaims and/or disputes to:
c/o __________________ , Victoria city, British Columbia province
Sovereign Freeman, Non-consenting and ungoverned
All Rights Reserved, Exercised at Will and Fully Defended, By the Grace of God, The Rule of Law and the Law of the Land.