c. Robert Arthur Menard
[121]
Robert Arthur Menard [“Menard”] (typically styled “Robert-Arthur: Menard”) is the subject of less case commentary. He is associated with the Freeman-on-the-Land OPCA movement, and identifies himself as such: United States of America v. Emery, 2005 BCSC 1192 (CanLII), 2005 BCSC 1192 at para. 7, 70 W.C.B. (2d) 37. Menard has attempted to participate in legal actions as an intervener, but was denied that status: United States of America v. Emery. That was an extradition proceeding. Menard’s OPCA concepts outlined in that case include:
1. state actors require the consent of persons, any state activity without consent is oppressive;
2. a statute is not law and cannot be the basis for extradition; unlawful conduct is only something such as rape or murder; and
3. Canada had “abdicated” its role in the extradition process and that Menard would represent the interests of Canadians.
[122] Menard’s submissions concerning the United States were dramatic:
The American Prison System and SLAVERY:
Robert‑Arthur: Menard will argue that the American prison system has in fact turned into a system amounting to slavery, where prisoners are economically forced to provide labour for corporate entities. Stock in private prisons can even be purchased on the open market and the Prison Industrial System now operating is one very hungry Beast with a growing appetite. It a clear they will always need MORE employees/prisoners/slaves. Furthermore, these corporate enterprises are primarily concerned with profit and not‑rehabilitation or re‑integration and using punishment as a means of corporate enrichment is cruel and unusual. Speaking of societies, none of the accused are members of the society governed by and under the jurisdiction of the Grand Jury which handed down the Indictment.
[123] In 2008 the British Columbia Supreme Court in The Law Society of British Columbia v. Robert Arthur Menard (8 January 2008) Vancouver S073719 (B.C.S.C.) granted an order prohibiting Menard from acting as a lawyer and providing legal advice, and receiving compensation for the same.
[124] This Court’s review of the Freeman-on-the-Land phenomenon has observed that Menard is associated with or operates a number of “Freeman” Internet websites that market OPCA materials, including the “Canadian Common Corps Of Peace Officers” (“C3PO”) (website:
http://www.c3po.ca), a group of self-declared and appointed vigilante “peace officers” who:
... are the answer to avoiding a police state in Canada. All able bodied and suitable candidates can if they wish be hired to preserve and maintain the public peace under affirmation and contract. In this way the people of Canada can deal with errant or rogue police from the position of a peace officer, and those who are Freemen can exercise their rights without hindrance by existing policy enforcement officers and with the full protection of true peace officers.
These websites also indicate Menard travels and gives seminars, for pay.
