[2] The information that initiated these proceedings was sworn on November 26, 2003. A copy was delivered to Mr. Lindsay’s home along with a summons requiring him to appear to answer to the charges. However, Mr. Lindsay returned the summons and information to the justice of the peace after endorsing them “void, returned for fraud” and writing on them that he was not the “person” named in the information. He was subsequently arrested for failing to appear. Then, he petitioned the Supreme Court of British Columbia for orders in the nature of prohibition, to prevent the Provincial Court from proceeding with his trial, and certiorari, to have the charges quashed, alleging the Provincial Court lacked jurisdiction over him. His petition was dismissed by Mr. Justice Barrow, whose reasons are indexed as 2005 BCSC 484 (CanLII), 2005 BCSC 484. His appeal to this Court was subsequently dismissed for reasons indexed at 2006 BCCA 150 (CanLII), 2006 BCCA 150. The events to this point in the narrative are described in Mr. Justice Barrow’s reasons and are concisely summarized in the reasons of this Court at 2006 BCCA 150 (CanLII), 2006 BCCA 150, paras. 2 to 6.
[3] When Mr. Lindsay appeared again in Provincial Court he purported to plead “in abatement”, that is, to plead that the court had no jurisdiction over him because he was not the party charged in the information. The presiding judge, the Honourable Judge Stansfield (as he then was), concluded, after considering evidence led by the Crown on the question, that the person before him and the person charged in the information were one and the same and, pursuant to s. 606(2) of the Code, directed the clerk of the court to enter a plea of not guilty.