Enjoy the Silence: Pseudolaw at the Supreme Court of Canada

58 Pages Posted: 24 Aug 2019

Date Written: August 22, 2019

Abstract

Pseudolaw is a collection of legal-sounding but false rules, that purport to be law, employed by groups including the Detaxer and Freemen-on-the-Land movements. While pseudolaw is universally rejected by Canadian courts, no Supreme Court of Canada decision addresses these concepts. This study reviews 51 unsuccessful Supreme Court leave applications that potentially involve pseudolaw to determine what pseudolaw issues were raised, whether those issues were comprehensible, and therefore if by its silence the Court has implicitly rejected these concepts. Some pseudolaw-related leave applications were not comprehensible to a legally-trained reader, however the remainder clearly imply that the Supreme Court of Canada has been exposed to the cornerstone concepts of modern pseudolaw, including “Strawman” Theory, and has rejected these ideas as not having national significance.

Keywords: pseudolaw sovereign citizen OPCA freeman on the land

JEL Classification: K19, K49

Suggested Citation

Netolitzky, Donald and Warman, Richard, Enjoy the Silence: Pseudolaw at the Supreme Court of Canada (August 22, 2019). Alberta Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3440977

Donald Netolitzky (Contact Author)

Alberta Court of Queen's Bench ( email )

1A Sir Winston Churchill Square
Edmonton, Alberta T5J 0R2
Canada

Richard Warman

Independent

No Address Available

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