November 14, 2016 - Your Choice

Capacity is a legal term relating to an position we are likely unaware defines the role through which we engage in society.

Legal Definition of capacity
plural capacities
1:   a qualification, power, or ability (as to give consent or make a testament) created by operation of law
1 

Unless necessary to show the court's jurisdiction, a plaintiffs pleadings need not assert the legal capacity of any party. A party wishing to raise the issue of capacity must do so by specific negative pleading.2

"Must specify a negative pleading" as in I am not now nor was I then acting outside of my Private Capacity during the alleged infraction. This nullifies that court's jurisdiction.

Ballentine's Law Dictionary 3rd Ed., defines capacity as "the status in which one acts, for example, as an agent or an attorney." Other examples of status would be in the capacity of a corporation or that of a private person.

Although we have the potential from many capacities or roles only two have significant relavence to to our freedom—private capacity and legal or public capacity.

Private Capacity—as John-Henry Jones— subject to law common to God, nature, and man.

Legal/Public Capacity—as JOHN HENRY JONES—subject to law common to corporations, i.e. statute law, codes, by-laws, regulations, etc., a member of the public over which the various levels of government claim authority.

Government/the Crown created a corporation, naming it JOHN HENRY JONES and assigned it to you as a benefit. They did, however, neglect to tell you that this corporation was not you and that you need to be careful not to allow anyone (their judges) to assume you were acting in some capacity for that corporation, during the incident in question.

The government has no authority over you but it does have authority over the corporation that it created and all that it owns. By assuming you were acting in some capacity for that corporation it has authority over you.

In “Attorney General of Nova Scotia v. Attorney General of Canada, [1951] S.C.R. 31” we read:

The Parliament of Canada and the Legislatures of the several Provinces are sovereign within their sphere defined by The British North America Act, but none of them has the unlimited capacity of an individual.

What this case law clarifies is that the man/woman acting in the capacity of an individual, i.e. not a corporation or agent for the corporation nor performing a function for the corporation, has a superior capacity for sovereignty that cannot be limited by the Parliament of Canada nor the Legislatures of the serveral Provinces. Those two bodies politic, i.e. corporations, do not have sufficient authority to limit our rights or freedoms by their statutes. 

Public or Private? It's your choice—anytime, everytime—you state it, don't let them assume it.

"Sir (their roadside policy inforcer), on and for the record, I am now and have been acting in my private capacity. Before you quest anything of me please relay this to your superiors now."

"Sir (their judge), I was acting in my private capacity at the time of the alledged infraction. How would you like to instruct the prosecutor?"

Footnotes:

1"Capacity." Merriam-Webster.com. Merriam-Webster, n.d. Web. 14 Nov. 2016.

Black's Law Dictionary, 9th


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