It appears that McCormick got off very lightly, given the number of charges, the previous convictions, and that the loaded, restricted firearm when not licensed charge carries a minimum three year sentence.
As a member of Freeman on the Land, McCormick believes he has the right to carry a loaded handgun, and during the trial he boasted of his speed on the draw.
New words added, not rewritten.
True, there was always a smell about him. However, it was his public breach of the MA he had with JREF which he consented to that revealed his serf like status.Menard never seemed to realize that folks rightly sensed he had something to hide when he used a fez to hide his bald head, over sized clothes to hide his gut and never gave a straight answer to a question.
...However, it was his public breach of the MA he had with JREF which he consented to that revealed his serf like status.
Interestingly, that is the one mandatory minimum sentence that has been struck down as unconstitutional, at least in Ontario:
R. v. Smickle, 2012 ONSC 602It would seem Mr. McCormick did not argue that point.
Chaetognath.
Well, the Ontario decision in R.v. Smickle (which is being appealed by the Crown, as an aside) was a decision by an Ontario Superior Court judge and is not binding on the N.S. court in R. v. McCormick anyway, as the latter was a decision by a N.S. Supreme Court judge and the two are at the same level, despite the different names in the different provinces.
Everybody here knows that he is as real as a $3 bill (created by his own signature of courseThat or 10+ years of selling very old lies to the gullible whilst, at the same time, never practicing what he preached because he knew he'd end up in Court.
Well, the Ontario decision in R.v. Smickle (which is being appealed by the Crown, as an aside) was a decision by an Ontario Superior Court judge and is not binding on the N.S. court in R. v. McCormick anyway, as the latter was a decision by a N.S. Supreme Court judge and the two are at the same level, despite the different names in the different provinces.
Is this to do with it being in a different jurisdiction? In English law appelate court decisions are binding on other courts of the same level (apart from the Supreme Court which is allowed to change its mind).
What Border Reiver said.Is this to do with it being in a different jurisdiction? In English law appelate court decisions are binding on other courts of the same level (apart from the Supreme Court which is allowed to change its mind).
Nope. But they can be persuasive. How persuasive depends on the court (and on the decision). There is an informal hierarchy of provincial appellate courts with the Court of Appeal for Ontario at or near the top.Ah. I thought they were appelate courts, not first instance. Are appelate court decisions from one province binding on courts in another province?
Well, they’re no dang good unloaded.
Seriously, it’s one thing to carry a revolver and another to have it on your person when you threaten a police officer.
As an American gun owner with a carry and conceal license I find this sort of behavior antithetical to the responsible behavior required of armed citizens. Handguns aren’t for settling arguments or for threatening anybody, least of all the police.
They are for personal protection in the event one’s life and limb is threatened!
This is the sort behavior I have to explain I don’t endorse every time somebody gets nervous when they find out I have a CCW license.
The court record says: Mr. McCormick was carrying a loaded revolver. . .modeled on an antique from the United States in the nineteenth century. . .
In the old days in the American west it was considered perfectly acceptable to shoot and kill any armed man (sorry ladies, they were sexist) who threaten to kill you, whether or not he reached for his piece.
http://en.wikipedia.org/wiki/Gunfighter
More than one old west lawman gunned down some suspected criminal just because he said, 'I'm gonna' kill yew, Marshal!"
One wonders if the free wheeling Quick Draw McCormick would be willing to extend his freeman philosophy to include that code?
I rather doubt it. I suspect he wants to threaten the cops as he pleases and yet expects them to peacefully deal with him at all times.
Is this to do with it being in a different jurisdiction? In English law appelate court decisions are binding on other courts of the same level (apart from the Supreme Court which is allowed to change its mind).
Despite the names (Ontario Superior Court of Justice and Supreme Court of Nova Scotia) these are courts of first instance and at the same level, so the decisions of a different provincal court are not binding on the courts of another province - they can influence, but are not binding on any court other than those of that province.
Ah. I thought they were appelate courts, not first instance. Are appelate court decisions from one province binding on courts in another province?
Nope. But they can be persuasive. How persuasive depends on the court (and on the decision). There is an informal hierarchy of provincial appellate courts with the Court of Appeal for Ontario at or near the top.