So I don’t have what is explicitly a FOTLish success story, but instead what is the closest I have ever seen to a judicial result that matches the theoretical construct in which Canadian FOTLish persons claim to operate.
And it’s not a Freeman On The Land, but rather a Moorish Law advocate. So lets call him a Free Moor Who Owns The Land [“FMWOTL”].
The individual in question is :Chief :Nanya-Shaabu:El, the Indigenous/Autochthonous Chief of the At-sik-hata Nation of Yamassee Moors. I have previously mentioned this individual in the “Rob Menard's FOTL Claims” message thread. :Chief :El claims many things, including immunity from state action, that his uncle is a CSIS assassin, and that he owns North America as a consequence of a treaty with the Olmec people.
He recently in a “Charter Notice” ordered that Canada be moved into the middle of the Atlantic ocean. His “Facebook” webpage 'links' section has many, many fascinating documents.
:Chief :El has not been successful in court. In 2010 Justice Slatter of the Alberta Court of Appeal declared him a vexatious litigant (Henry v. El, 2010 ABCA 312). And here’s where things get interesting…
The Supreme Court Act, R.S.C. 1985, c. S-26, s. 37 says "... an appeal to the Supreme Court lies with leave of the highest court of final resort in a province from a final judgment of that court ...". In Alberta, the highest court of final resort is the Alberta Court of Appeal.
On February 24, 2011, :Chief :El sought leave to appeal Justice Slatter’s decision from the Supreme Court of Canada. This is documented in Supreme Court of Canada Docket #34172.
For those who are unfamiliar with that court’s procedures, in most instances a person has to ‘ask permission’ to have their appeal heard by the Supreme Court of Canada. That is a “leave application”. If the court “grants leave”, you have the right to a full hearing at the court. If it denies leave, that is the end of that.
The file was assigned to three Supreme Court of Canada justices: Binnie, Abella, and Rothstein. The docket record shows a number of “miscellaneous motions”; I cannot suggest what those might be.
In July 14, 2011, the three justices dismiss :Chief :El’s leave application but the language they use is unique:
The miscellaneous motion is dismissed without costs. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1003-0045-AC, 2010 ABCA 312, dated October 14, 2010, is dismissed with costs for lack of jurisdiction.
The text of this leave decision can be read on the “canlii” website, and is reported at Nanya-Shaabu: El v. Kenyouth Lucien Henry (Alta.), 2011 CanLII 43414 (SCC).
The reason I observe that this leave dismissal is unique is the phrase “for lack of jurisdiction”. I have reviewed the Supreme Court of Canada’s leave decision history that is available electronically and this particular phrasing does not seem to appear in any other leave decision. Normally a leave application is “dismissed without costs”, “dismissed with costs”, or “dismissed without costs on a solicitor-client basis”. For example, :Chief :El had another leave application dismissed on that last basis, see Merle Berrinice Henry et al. v. Starwood Hotels et al., 2011 CanLII 20819 (SCC).
I certainly am not suggesting that the “dismissed with costs for lack of jurisdiction” means that :Chief :El’s claims are correct, but I note this is the one instance of which I am aware where a court, the Supreme Court of Canada no less, has said it has no jurisdiction over a person who claimed to be immune from state and court action.
There may be another alternative explanation for this result (and I can think of one very likely one), but at a minimum :Chief :El should be a focus for considerable FOTL interest. He is the only Canadian litigant of whom I am aware who has managed to obtain a result that matches his theoretical construct.
(Other than it was him asking for the court’s intervention…)
Chaetognath.