Property Rights Under Threat


“GSI financed further seismic exploration by licensing the data they had previously collected to energy companies who used the research in their resource exploration efforts. But now, the Newfoundland and Nova Scotia governments have begun releasing GSI’s seismic data to the general public for free on their government websites. The data was originally submitted to the governments as part of standard regulatory rules used to ensure the province’s resources were developed in a responsible manner…”
From the Frontier Centre for Public Policy.

19 Replies to “Property Rights Under Threat”

  1. I hope the government gets the ass whipping in court that they so richly deserve.
    This nothing but driving a business under with extreme prejudice.
    This is simply theft of original research on the part of government without compensation or benefit to the people doing the research. Further, to add insult to injury, these clowns in government would rather see more unemployed on the government dole because ‘killing business will stimulate tax receipts’!
    Another masterstroke of genius by those who purport to ‘serve you’.
    Cheers
    Hans Rupprecht, Commander in Chief
    1st Saint Nicolaas Army
    Army Group “True North”

  2. Well said Hans. Friggin shameful and the feds better get their sh!te together on this and slam NL and NS hardcore. I’ll be throwing this back at the CPC when they call looking for a donation again.

  3. What property rights?
    Canadians do not have a right to private property. There is no such right. Nothing is yours that cannot be taken away by a simple act of Parliament, including your organs. That is how it is, that is how its always been in this country. Any thoughts or feelings you may have to the contrary are the result of propaganda.
    You are not a sovereign individual, you are a SUBJECT. You have no rights. At all. None. Never did.
    Once that sinks in, you might want to call somebody to complain. Try the Prime Minister’s office.

  4. “…the feds better get their sh!te together on this and slam NL and NS hardcore.”
    The feds? You mean the same Harper/Conservative feds who promised us property rights back in 2006? Those guys?
    Sure. They’ll really “slam” NL and NS hardcore on this…..

  5. It is like this.
    The utterly useless people somehow blow snow over the population “for the greater good”. One of the most demagogic statements that seem to be effective for use on LIV’s and the “in” crowd.
    How is it that the politicians with lip can steal someone else’s work and give it for free or for a fee to someone else? Isn’t this a theft?
    There is much unknown in this case.
    So far only that the government of province which is true of all provinces, requires an information for regulatory purposes. Though it could be argued that the information that the company collects is really none of government’s business unless there is some agreement. It may become the government’s business when an exploration company uses it for application for exploration or such.
    On the face of it, it looks that the GSI is getting ripped off for the benefit of the low life politicians as opposed to “the greater good”.

  6. Not entirely true. If the legislature decides that it wants to take your property and not pay compensation, then there’s nothing to stop it from enacting legislation which EXPLICITLY disentitles you to compensation. The courts have said only that compensation must be paid if the statute is silent.
    However, Section 92(13) of the Constitution Act, 1867 (which remains in force) grants the PROVINCIAL legislatures of Canada the authority to legislate on property and civil rights in the province.
    Although your comment is bang on in regard to a desire by many, probably the majority of, Canadians for property rights (the left think the government should own all property), it would require a Constitutional amendment.
    That is not likely to ever happen given that every special interest group in the country will want to stick their nose into the mix as we seen during the Meech Lake debacle where the radical fringe showed up.

  7. As a former seismic data processor, I utterly cannot think of a single “regulatory process” which requires the government to handle this information.
    My old company was paranoid about the handling of data, and for good reason. Even survey designs, before the data is even collected, is developed through proprietary means in terms of geometry (you could surmise the target location based on the seismic array positioning). The data itself can be used over and over again via re-processing, so there is inherent re-sale value in it, which helps encourage resource companies to trade away old data while shooting new surveys.
    GSI should never had agreed to handing the data over in the first place, regulations or not. They trusted their business in the hands of the government bureaucrats. Big mistake.
    The governments of Newfoundland and Nova Scotia must be found legally responsible for the destruction to the business of GSI and other seismic firms, else you will soon see the oil & gas business dry up in Atlantic Canada.

  8. Not quite Phantom, there is the well established legal concept of ‘intellectual property’; which clearly the government rather shabbily trod all over in the case of GSI.
    http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home
    Canadian Intellectual Property Office
    What is Intellectual Property (IP)?
    Legal rights that result from intellectual activity in the industrial, scientific, literary and artistic fields.
    Constitution Act 1867
    Section 91: …the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say…
    22. Patents of Invention and Discovery
    23. Copyrights
    Copyright Act
    Section 89: No person is entitled to copyright otherwise than under and in accordance with this Act or any other Act of Parliament, but nothing in this section shall be construed as abrogating any right or jurisdiction in respect of a breach of trust or confidence.
    Section 34(1): No person is entitled to copyright otherwise than under and in accordance with this Act or any other Act of Parliament, but nothing in this section shall be construed as abrogating any right or jurisdiction in respect of a breach of trust or confidence.[1]
    I don’t see that the government hired GSI to provide the information that GSI spent years developing and gathering.
    Cheers
    Hans Rupprecht, Commander in Chief
    1st Saint Nicolaas Army
    Army Group “True North”

  9. “…grants the PROVINCIAL legislatures of Canada the authority to legislate on property and civil rights in the province.”
    Indeed. But other than Randy Hillier, there isn’t one other MPP in Ontario who has the guts to say anything about this property rights deficiency…and that includes Hudak, who will run away and hide rather than talk about the legislated, un-compensated land thefts that occur on a daily basis in this province.

  10. I just emailed GSI a few minutes ago.
    The ball is in the GSI court!
    …………………………………………………..
    PETITION TO THE HOUSE OF COMMONS
    IN PARLIAMENT ASSEMBLED
    We, the undersigned citizens of Canada draw the attention of the House to the following: THAT : as individual Citizens of Canada WE do NOT enjoy the protection of “PROPERTY RIGHTS” within the Constitution of Canada ! hence, THE LAW of Canada!
    THEREFORE: Your petitioners call upon Parliament to forthwith, incorporate and entrench FOREVER , individual “PROPERTY RIGHTS” INTO THE CONSTITUTION OF CANADA well as amending OR ABOLISHING THE Canadian Senate!! …………………………………………………………………..
    I AM, Joe Molnar
    Woodstock, Ontario, canada

  11. “That is how it is, that is how its always been in this country.”
    Pas necessaire!
    Prior to PET et al drafting a constitution etc…..Canada’s Constitution was British Common Law…..which does explicitly define and reserve private property rights. That ain’t propaganda! IOW the slimeballs deliberately omitted various rights which had been constitutional.
    Ironically the US founders deliberately drafted into their Constitution British Common Law. And that’s how Americans have property rights.

  12. Agreed, but the howling at Harper isn’t where the heat needs to be applied. But rather at the provincial level.

  13. “..but the howling at Harper isn’t where the heat needs to be applied…”
    Horseshit. Harper needs his balls held to the fire for promising property rights and not delivering.

  14. Canadians do not have a right to private property. There is no such right. Nothing is yours that cannot be taken away by a simple act of Parliament…Posted by: Phantom
    Prior to PET et al drafting a constitution etc…..Canada’s Constitution was British Common Law…..which does explicitly define and reserve private property rights…Posted by: sasquatch
    That is correct, the lieberals had the opportunity to include property rights and specifically decided to exclude them. If we had property rights most of their gun control agenda would not have been possible. No doubt that was part of the reason to exclude property rights.

  15. Thanks Joe…hope you have the support of everyone commenting here. You have been on this for awhile.

  16. You rare right in most cases. There is still the odd good politician.
    As Phantom suggests, we have no more property rights than the serfs had under feudalism. High River comes to mind in a few ways.

  17. “…the lieberals had the opportunity to include property rights and specifically decided to exclude them…”
    True. Contrary to another Trudeau myth (that says Turdo la First wanted property rights) it was Joe Clark who wanted property rights protected. But Turdo’s sheep and the NDP voted against it.
    However, it is also true that several Conservative governments have given speeches from the throne since Turdo drafted his rag, and we can say with certainty that they too had the opportunity to provide us with property rights but failed to deliver.
    Everyone seems fixated on Constitutional reform as the only method whereby Canadians can acquire the property rights they need and deserve. To a great extent this argument serves the needs of governments rather than the populace, because it ties the subject up in never-ending debate and there is always an excuse for non-action, e.g. Quebec would never support it.
    But there is another route, legislation, that no politician wants to talk about. There is absolutely nothing that prevents our federal and provincial governments from passing their respective “Property Rights Protection Act” that would protect property from their greedy clutches and over-ride any and all existing legislation that fails to do so.
    But I see nothing that would lead me to believe that Canada’s dull, shallow, selfish population will ever get sufficiently concerned about the erosion of property rights to demand that our politicians do something about it.

  18. Joseph Molnar – I agree with the petition regarding property rights however, just leave it at that. The senate is a different issue and should be restructured into the EEE model.
    I want the supreme court abolished and a reformed senate to be able to act in their stead. An elected and equal senate would carry regional and provincial concerns far better than the supremes do now. Each province has an appeal court so any legal concerns are already addressed. Any discrepancies in the courts should be sent to the senate and then back to the House for further review. The most recent ruling by the supreme court regarding the senate is an example of meddling. Canadians elected the government but they cannot act because of official meddling. (I would guess that not one Canadian out of 100 can name even 1 member of the supreme court. And they are our RULERS!)

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