Tuesday,
July-19-11

To all of the
Public Servants that keep attacking us on our mining claim;



What are the
non-mining activities that Cpl. Henry Proce keeps complaining about? I have to
wonder why, when I ask various public servants what licenses I need to do what
I am doing on this property, they keep telling me that I have everything I
need.



The Mining
Titles Office does not say whether it is for hiking, walking my dogs, cutting
firewood or for fishing that they are seizing my mining claim. These are all
lawful activities and I have licenses for firewood and fishing. Perhaps instead
of constantly attacking me and attempting to jump my claim, the Crown could
simply state what other licences I need for what it is I am doing here, and we
could pay them. It seems evident from our paperwork and letters that we have
repeatedly asked in order to be in compliance with any particular relevant
statutes. What is with the determination of these select Crown Agents to remove
us from this property at all costs?



The records show
John Cox, an inspector from Mining Titles, thought our camp was fine and told
us our paperwork was in order and yet Don Smith initiated another complaint
less than two months later. The records show that Don Smith then waited three
months before attacking us on sight, after we were the victims of a drive by
shooting. It can be no coincidence that the attempted murder influenced Don
Smith’s decision to postpone his unlawful invasion of our privacy. When I wrote
a letter of complaint to the Ombudsman, I was charged with uttering threats
after the RCMP purposely changed what I wrote to charge me.



The matter under
dispute with the Mining Titles office is now under appeal to the Supreme Court;
a higher authority. Why can the Mining Titles Office not wait until the process
has been dealt with lawfully by a higher authority? It seems obvious that if I
am to have my property stolen by any minor little unelected bureaucrat making
up lies they can not back up as required to by their own legislation, then an
appeal to the courts is of no functional use. It seems to me the power of the
courts and judges has been usurped by petty bureaucrats abusing their authority
for private purposes. Does the Mining Act forbid disabled people from picking
up rocks as a hobby? Forbid disabled people from making rock jewellery from
semi precious stones found in the stream? Does it forbid anyone from having a
miners license for hobby purposes? Or require anyone to work fulltime on their
claim or leave immediately?



Over 100,000
people joined the Klondike Gold Rush and less than fifty struck it rich. What
is the requirement for the disabled guy to grab buckets and go directly to the
gold and start trotting out the wages of public servants who believe I have
contracted with them for a claim for no other reason than to be harassed with
non-specific charges?



Is it odd that
Cpl. Proce closed the investigation into the attempt to murder us and told us
that the result of the investigation is none of our business and yet he is
persistent in calling every provincial office in an attempt to move us from
this property? We would like Cpl. Proce investigated for attempted murder by
the new bc rcmp complaints office.

A Field Guide to
Gold, Gemstone and Mineral Sites of British Columbia states the following on
Pages 30 to 31;



Incidentally,
the Trespass Act, which everyone thinks they know, but probably don’t, contains
two key sections;



Section 4.1. A person found inside enclosed land without the consent of
its owner, lessee or occupier shall be deemed a trespasser..



Section 6. A person who is, within the meaning of this act, a trespasser or
who continues or who enters again on enclosed land after having been
notified, or required by or on behalf of its owner, lessee or occupier to quit
the land, commits an offence.



What this means
is (a) the property must be enclosed (usually fenced or walled\), and (b) you
are only trespassing is you refuse to leave when told to, or if you return
after being told to leave. If there are “No Trespassing” signs on fenced
property, the law considers you have been notified, and Section 6 applies.



The Crown can not restrict me from
property that everyone else is allowed on, nor can it charge me with trespass
for being on land they have specifically licensed to me. Everyone can use this
claim for non-mining purposes, so it is not clear to us why we can not. Hiking,
collecting firewood, walking our dogs and fishing are all non-mining purposes
for which everyone is allowed to use this property. I also have a Crown permit
to collect firewood and to fish. How can the Crown give me these permits and
then not allow me to be on this property. The Crown must fence and restrict
everyone from my one hundred and fifty acre claim and not sell me a license to
occupy it in the first place if they are going to fence it and place up no
trespassing signs. Why would the Crown want to fence and restrict access to one
hundred and fifty acres in the bush?



Like many other
Canadians, for many years I have hiked on Crown Land in the province that I was
born in. I am disabled and under the Disability Act, not required to work.. Many
days I am unable to get out of bed or my arms, which have been broken off on
the inside at the shoulders, simply do not work. The main focus of my life
since being crushed has been my physiotherapy. Having broken all of my ribs and
crushed my vital organs, I have very little stamina. One of the simple
pleasures I have in my life is going out into the wilderness and going hiking
with my dogs.



Many people come
out here to hike and walk their dogs. My wife and I walk for miles in the back
country, walking our dogs and photographing and picking plants. She is an
Iridologist and Herbalist and has written and is writing books on local plants.
It is perfectly legal for ALL Canadians to walk their dogs and hike the back
country, including the property on my mining claim. Hiking is a non-mining
purpose. If other people have the right to access property I have licensed from
the Crown for mining purposes, then certainly myself, my wife and children do.



Don Smith is
quoted in the paper as saying everyone has a right to camp or hike on a placer
claim. Surely it is not the intent of the placer license to restrict the same
rights to the property that everyone else has. Surely it is the intent of
paying the license that I acquire something more than what I already possess.
No one would buy a license to lose their rights. Especially for something that
is nothing more than a hobby.



Having a placer
mining claim allows one to build a camp a maximum of one acre in size, do
exploration and recover rocks and minerals. It gives the placer miner the
exclusive right to recover placer minerals, but it does not convey any right to
restrict others from using the property for non-mining purposes and it does not
restrict the licensed placer miner from using the property for legal non-mining
purposes either.



I have many
interests in life and many hobbies. Placer mining is simply a hobby for me, it
is not a full time job. The same book quoted above states you have more of a
chance winning the lottery than you do of getting rich by placer mining.
According to the Mining Titles Website, hobby placer miners have doubled their
license sales and it is obvious the vast majority will get nothing for the money
they spent, other than fresh air in the wilderness. To charge them with
trespass after selling them a license to camp, explore and recover minerals and
rocks sounds like fraud.



Speaking of
fraud. Is it fraud for the Mining Titles Office to go into their computer
systems and simply take my mineral and placer claims offline to stop me from
renewing them? One cannot appeal their decision to the Supreme Court when they
simply hack their own computers to stop you from acquiring the license when it
renews. This shows they are trying every means they can to stop me from being
here.



How is it that
John Cox confirmed all of our paperwork was in order and not a few months
later, Don Smith invades our privacy claiming it is not? We spent nearly four
hours talking to John Cox and he gave us nothing afterward. Obviously because
nothing was wrong. Why is Henry Proce attacking us with every office we deal
with. He even called my disability worker, who then called the mining titles
office. What is going on?



The Mines Act
requires the MTO to give details and evidence of non-mining activity that would
force the forfeiture of my claims. To take my claim for cutting firewood,
fishing and hiking is ridiculous. If you are making some other claim, then you
can state what the non-mining purpose is and what evidence you have of that..
You keep acting like you can’t hear me when I ask you what Proce is telling you
our non-mining activity is. Entering our camp without lawful authority and
taking pictures of our private property when we specifically ask you not to, is
invasion of privacy. You did not have a warrant to barge into our motor home.
Nor did you have a warrant or statute to ransack my property.



To say nothing
of the fact that it cost four hundred dollars to remove the danger trees that
John Cox ordered us to get rid of that were left by the logging operation. I
can spend months and hundreds of dollars to clean up someone else’s mess and
can’t even make a camp? Do I not have the right to provide some level of
security for my camp? It has been vandalized and property stolen many times..



We had five
cords of wood go missing when we left the place the last time. Now we have
given away eight cords of wood and spent 700 dollars to move a square 8x10 shed
with a stove and bathtub in it so that we do not even have the most basic
camping facilities found on any other camp site. Camps and their buildings are
not within the scope of the Mining Act or within the authority of mining
inspectors. All it says is the camp must be left clean and the buildings
securely locked when you leave for the season.



A camp is simply
a place to camp. Camping has nothing to do with any activities carried on in
any tenure. The tenure is for logging, the camp for camping. The tenure is for
mining, the camp for camping. The tenure is for range, the camp is for camping.
When you rent a campsite from the Crown in a provincial camp ground, you are
granted exclusive right to camp in that camp site. There are no restrictions as
to what your motor home or tents are to look like and outhouse, shower and
washing facilities are provided. You will find firewood, clotheslines and kids
bikes in the camp, just like in ours. Incidentally, being disabled, I can stay
in provincial campgrounds for free.



Does the Range
Act give the Range Rancher exclusive right to the range? The right to pollute
the water in the creek with their cows defecating in it? The right to attempt
to murder people who share a tenure and the rest of the country who have every
bit as much right to be here. I thought this was all Crown Land along the
creek. Who harrowed the creek bottom and blocked it off with a log? Can you
clear cut log and harrow Crown land with a range license? The Mining Act
specifically says that a free miners license does not give you the right to
have firearms. Does the Range Act give the ranchers kids the right to drive
around with high powered rifles, blasting at everything that moves?



Crown tenures
are attached to Forestry Free Use Permits to use wood for the purpose of
constructing camp buildings and carrying on tenure related work. ie, you can
cut lumber to build a sluice and you can also cut wood to use for firewood in
your camp and you can cut wood to construct buildings.




Crown tenures
allow .4 hectares, one acre, to construct a campsite. Since my mining tenure is
also on a range tenure, I am required to fence out the range cattle if I do not
want cow excrement and urine in my campsite. Since I have an outhouse for our
own defecation use in order to comply with common decency and health
requirements, it would seem reasonable to ask the range rancher to restrict his
cows to the other 149 acres of my 150 acre tenure. Similarly to ask others
coming out into the wilderness to hike, hunt, fish, camp and escape the city
for a while, to not occupy a camp site that I have been required to upgrade for
my own usage during the term of my tenure.



There are NO
REGULATIONS pertaining to any buildings in a mining camp in the Mines Act.



I learned in
Business Law in a Policy and Environment Course I took in the Bachelor of
Commerce Program at the University of Calgary, that there are three main
elements of a contract; 1) Full Disclosure, 2) Mutual Consideration 3) Mutual
Agreement.



Again and again,
Dr. Joanna Bates stressed to us; if it is not in the contract, it is not part
of the contract. Make sure you get what you want, this is consideration, make
sure you are sure you want to enter the agreement, this is mutual agreement and
make sure that you have explicitly what you want in the contract because a
verbal assurance is not enough. If it is not in the contract, it is not part of
the contract.



Consider this
then, in light of Don Smith’s attack on my camp site and his declaration that
nothing I am doing is allowed or disallowed by the Act. In other words, it is
not in the contract I have with him and not part of the contract. Not being
part of the act, he has no jurisdiction in my camp and in my life and his
invasion is an abuse of authority, a breach of contract and a breech of the
peace. Henry Proce’s constant harassment by bringing everyone he can think of
up here is public mischief and a breech of the peace.



In his book on
placer mining, Garnet Basque shows pictures of what an ideal site would look
like to find a mother lode. It looks as if the drawing was made on this
property. When I found little bits of gold in the milk white quartz, as I
showed John Cox, I became very excited and that is why we licensed the property
for placer and minerals. I did want to get a saw and tumbler and make jewellery
from the semi precious rocks in the creek. Everything we are doing on this
property we asked about first. On the one hand when you call the MTO and ask
about placer mining, they play it up and tell you about the Duteaux family who
spent years looking for gold on their claim, but never gave up and eventually
struck it rich. When you get all their licenses they start to attack you.



Does the mining
titles simply sell licenses to let people find minerals and then simply allow
their employees to use the system to jump other peoples finds? Does it sell
licenses to lands it never allows you to have quiet enjoyment of? This is a
criminal code violation. All of the complaints show we occupy this property on
a seasonal basis and leave it locked up when we go, conforming to the only
guidelines there are in the Mining Act with respect to camps. What right does
Don Smith have to make up things that are not in the Act and then impose them
on me? What right does Henry Proce have to call up all the government offices
we deal with and tell them we are not complying and yet offers no particular
details? What right do people have to try to murder us? And better yet……



Why are so many
public servants ignoring us when we ask them about investigating the attempt to
murder us? Don Smith, Mining Titles inspector, seized this property before he
even came out to do an inspection, which was completed before he got here..
Nothing in the Act says we must cooperate with a constant barrage of unfounded
allegations that cannot even be articulated in the first place. Why can’t Don
Smith wait for the Supreme Court decision on November 21, 2011? Why was his
inspection needed immediately after John Cox inspection? Don Smith says he
knows nothing of geology and is just an office administrator. It is obvious he
wouldn’t know a rock on the ground from one in his head. Perhaps if he can
state what the non-mining activity is, we could help him with his
paperwork. These are all valid questions
Don Smith keeps ducking.



Sincerely, Jim and Judith Townsend



http://bcombudsman.com/Sworn_Oaths.html
Sworn oath - Bank of International Settlements Immunity Act is Supreme Law of Canada
The Bank of International Settlements Immunity Act of 1938, handed Canada to them as a plum.
It has two clauses

1) They are above ALL our laws
2) None of their property can be touched under any circumstances

ALL BANKING IS FRAUD

Here are the documents.
Read for yourselves.

much love,

Jimi

Please sign these petitions to free your country from the grip of foreign tyranny
http://www.thepetitionsite.com/709/petition-to-kill-the-rcmp-organization/

http://www.thepetitionsite.com/699/petition-to-retire-blindfolded-justice-and-put-her-on-disability/

John Hawks (604) 662-1439 has stolen my money and brochures. As you can see from my prior video, he told me weeks ago that he was sending back my brochures and money and would send me a letter, but never did that until we went into the Post Office in Nakusp to complain on March 18 2011. Please call Mr. Hawks and ask him to return my money and brochures. Remind him that he is a public servant and is an unelected bureaucrat and does not have the right to make up rules that violate my right to free speech of carry on commerce. He also refused to deliver my wifes brochures which advertise her Iridology and Herbal Consulting Business. This is an unacceptable abuse of public office and is outright theft not to give my brochures and money back so I can have them distributed elsewhere.
http://vimeo.com/21369024
http://youtube.com/townsendjim

http://townsend.be