A Dunster woman claiming to be a "sovereign freeman" has filed a civil court lawsuit against the federal Attorney General and an RCMP member seeking $200,000 and an apology after she was pulled over for driving without a licence and insurance.
In a statement of facts included in documents filed at the Prince George courthouse, Mindy Marie Sears, 31, said that when she was pulled over on Sept. 4, she "served" the member with two notarized documents, one stating her name is copyrighted and the other a 113-point "Affidavit of Truth" outlining "my Truth and my Law."
"I am a Sovereign Freeman who operates with full responsibility and am not a child of the government, I do not see the need to ask permission to engage in lawful and peaceful activities, especially from those who claim limited liability," Sears states at one point in the affidavit.
According to Sears, she had pulled off to the shoulder of the highway to allow an "emergency vehicle to pass" but instead it stopped behind her and the RCMP member approached her "private travel conveyance."
After she presented the two documents to the member, stating clearly "you have been served," the member then "tried to remove a label from the private travel conveyance."
Sears said the member was then "asked to cease his actions and show clear lawful authority to remove property without consent" and asked if he was aware of section 39.1 of the Criminal Code, "which covers personal property and a claim of right."
In part the section states every person is protected from criminal responsibility for defending possession of personal property, "even against a person entitled by law to possession of it, if he uses no more force than necessary."
Mears said the officer ignored the question, "failing in his duties as a peace officer," and then told her he was arresting her for obstruction of justice "because I was not allowing him to remove my personal property."
When Mears repeated her question, she said the member asked if he needed to put her in handcuffs.
"Confused by his reaction, I restated my question," Sears said. "Then the officer got loud and shouted loudly at me, 'Do I have to put you in handcuffs?'"
Mears asked her question a third time and said the member then grabbed her arm, "physically assaulting me." Mears said her arm was bent behind her back and she was thrown against her vehicle then handcuffed.
"This action bruised my forearm, upper arm and wrist and caused severe pain to my shoulder and back," Mears said. The documents filed at the courthouse include a physicians' report outlining her injuries.
She said the member forced her into the back of the RCMP vehicle "simply for asking questions to the questions that I was being asked."
She said the member then "engaged in fraud by associating me with an expired licence without my consent. I did not ask him, at any time, to be my agent. He then removed my personal property without my expressed, written, and Notarized consent."
Sears was taken to the McBride RCMP detachment where she signed "under protest" a promise to appear in court. Sears is simultaneously facing charges of willfully resisting or obstructing a peace officer and is scheduled to make a first appearance in McBride provincial court on Friday.
Mears is claiming mental and physical duress from the incident. Responses from the defendants have not yet been filed.
