Kelowna protestor loses in court again after claiming city was trying to silence him

More than three years after the City of Kelowna began legal action to block COVID protestors from rallying in a city park, a BC judge has ruled that it can finally move forward with its case.

The City filed its suit against conspiracy theorist David Lindsay in 2023 over anti-COVID protests held in Stuart Park, which the city claimed broke numerous bylaws.

However, Lindsay countered the move and filed a Protection of Public Participation suit, claiming the City was using legal action to shut him up.

Often referred to as an anti-SLAPP suit, the Protection of Public Participation legislation was introduced to protect individuals from lawsuits aimed at silencing free speech.

Lindsay, who was declared a vexatious litigant 20 years ago and needs permission to sue anyone, was given the go-ahead by the court to pursue a Protection of Public Participation suit against Kelowna, provided he kept his application to less than 10 pages.

Instead, he filed 103 pages, which included 421 footnotes, and for reasons unexplained in a May 7 BC Supreme Court decision, Justice Briana Hardwick let it go.

Joined by anti-COVID protestor Lloyd Manchester, the pair managed to drag their Protection of Public Participation case through a nine-day hearing that stretched over a year.

All the while, the anti-pandemic protests are still taking place in Stuart Park, albeit a mere fraction of what they once were. In 2023, the City said it had issued about 200 fines against protesters and at that time, none had been paid.

In the decision, Justice Hardwick noted that Manchester’s application was also 104 pages, commenting that Lindsay’s response was tediously lengthy.

“The evidentiary record before me for the purposes of the applications is more than 1,800 pages,” the Justice said.

Lindsay has claimed to be a legal expert running the organization Common Law Education and Rights. Over the years, he’s been jailed for not paying his taxes, and declared he wasn’t a “person” as defined by the Income Tax Act.

In 2024, he was sentenced to four months of house arrest for assault after he led a group of about 20 anti-mask protestors into the Kelowna Interior Health building. 

In his affidavit, Lindsay says his group is deeply concerned about the “upcoming threats” of digital ID and currencies, which will eliminate privacy rights. He also says Kelowna is planning on preventing people from travelling more than 15 minutes from their home and they will be punished if they do so. They are also worried about chemtrails.

In the decision, Lindsay argued that by prohibiting his protest, the City was blocking his common law rights, which are constitutionally protected.

“The evidence before the Court clearly establishes that (Lindsay) and certain third-party affiants, subjectively believe that the ‘Freedom Rally’ has been targeted due to the content of the subject matter of these rallies,” the Justice said.

The City argued he broke bylaws by setting up gazebo-style tents and having a sound system with a megaphone. The City also argued that they were selling merchandise in the park and were “highly disruptive and detrimental to the community” and hadn’t obtained a permit.

Ultimately, after nine days in court, Justice Hardwick dismissed Lindsay’s argument. And while the court proceedings would have been pricey, surprisingly, Lindsay wasn’t ordered to pay costs.

The question of whether the City can get an injunction to bar the protests can now be decided at later court appearances.