A setback:The FCA Ruling is blunt and revolutionary. The law, we’re told, is privately owned.
18 Replies to “Renegade Regulator”
So now that you have to pay for the law, one may argue that ignorance of the law (which one might not be able to afford) is a viable excuse. And the law becomes unchangeable without the permission of its copyright owner (or it has to be overridden completely). So law is now being made by the highest bidder (which aptly describes the CSA members to a tee) and we have no recourse, except by paying the copyright holders,as citizens, in its creation or modification. And finally, the CSA has created an uneven playing field for anyone who might damage their income from either the law itself or with competing products that might make the wording of the legislation inferior. So if you want to create new product in this country, keep it to yourself and register it elsewhere – there is no justice here.
There will be a similar case brought to the SCOC in spring of 2019. It’s toward the bottom of Knight’s press release.
“We know the issue and the case and, because the FCA Ruling included a Dissenting Opinion, we have a very good chance of a Supreme Court review. There is a similar case from Ontario presently scheduled for the Supreme Court in February, 2018 which may now be postponed in light of the FCA Ruling. Either way, delay or not, our case is close enough to this other case that it would be difficult for the Supreme Court to decline a review of ours.
That said, and perhaps it’s seven years of litigation and political interference colouring my perspective, but if the Court process is generally just a veneer in the benefit of whatever the civil service wants, then the result is already known. It’s just a matter of time and money to get there”
marc, the court process is just a veneer and not a very thick one at that.
That is what “Law Enforcement” and the “Legal” system are in the West these days.
Sure will be a shame when they realize the consequences for their actions. Gilets Jaunes ain’t nothing compared to what will be coming at them and theirs.
He says: if the Court process is generally just a veneer in the benefit of whatever the civil service wants, then the result is already known. It’s just a matter of time and money to get there.
I think he is right. Courts in Canada will twist themselves into contortions to arrive at their preferred conclusion, the laws be damned. And they usually want to side with civil servants. This ruling is absurd.
This is just like the rulings that the constitution includes the right to strike and that freedom of expression ensures Toronto city council must be 47 councillors and not 25. Presumably there must be a number between 25 and 47 in which the number of councillors switches from unconstitutional to constitutional. Presumably if the constitution includes the right to strike (ie the right for employees to not work for employers and prevent others from doing so) then it must also include the right to slave labour (ie the right for employers to have employees that do not stop working and prevent others from taking their place).
I think Toronto should have 25,000 counsellors, and each one should speak for a minimum of 10 minutes on each and every motion. -sarc
But then nothing would get done!
Exactly.
Private Law means no law.
Mighty nice of the corrupt duo of that tribunal to tell us all no law needed.
Great no judges needed either because private law means private solutions.
This is a shining example of the Great Canadian Kleptocracy.
The ongoing saga of Reform CSA is a classic demonstration of how corrupt our institutions are.
Do you expect to go to private jail if you break private law? If you’re fined, do you pay with private dollars? or gov’t dollars?
sarcasm…
We see nothing; you see nothing but there strides the Emperor in all his naked glory. .
This saga is just one reason of many that Harper and the Conservatives deservedly lost the last election. They squandered their majority. Utterly squandered it. Low-hanging fruit like this, just left completely ignored. Mustn’t cause too much of a ruckus among the powerful in Ottawa, now. We’ve our majority to protect.
Fat lot of good it did them, didn’t it?
The next time (if ever) Conservatives form a majority, they need to go scorched-earth. Fast and hard and deep. Blow the deep state to hell, make no apologies for it. Salt the earth underneath so it never comes back. But they never will. They’re cowards at heart. Meek little wannabe Liberals, most of them.
This country’s so boned.
The law, the Government, and all it’s institutions including the plebes who toil beneath it are the chattel property of Her Majesty the Queen and her congenitally retarded family. Canada is a privately held business. Canada’s land and resources belong to the Royal Family. Why do Canadians just shrug this off and/or call anyone pointing this out to be wrong? Canada’s people are in denial and it is ugly.
Canadians are stupid. ————-six damn captcha screens.
Isn’t collectivism wonderful…left versus right,nowadays two visions of the right way to do collectivism.
Deuteronomy 28:
(15 ) But it shall come to pass, if thou wilt not hearken unto the voice of the LORD thy God, to observe to do all his commandments and his statutes which I command thee this day; that all these curses shall come upon thee, and overtake thee:
(49) The LORD shall bring a nation against thee from far, from the end of the earth, as swift as the eagle flieth; a nation whose tongue thou shalt not understand;
(50) A nation of fierce countenance, which shall not regard the person of the old, nor shew favour to the young:
((52) And he shall besiege thee in all thy (judgement) gates, until thy high and fenced walls come down, wherein thou trustedst, throughout all thy land: and he shall besiege thee in all thy (judgement) gates throughout all thy land, which the LORD thy God hath given thee.
(67) In the morning thou shalt say, Would God it were even! and at even thou shalt say, Would God it were morning! for the fear of thine heart wherewith thou shalt fear, and for the sight of thine eyes which thou shalt see.
When you have a hearing, and the judges -laugh- at the government counsel because his argument is utter garbage, then they find IN FAVOR of the garbage argument, that means somebody dropped a dime. Made a phone call. “Nice court ya got there, judge. Shame if something might… happen… to it.”
Clearly there is a great deal of money being generated by the corrupt setup at the CSA. Equally clearly, the people currently receiving all that money can get a federal judge to rule in favor of a guy they openly laughed at in court.
Just think about that for a moment. Somebody called those three judges, and two of them flipped. They created a transparent legal fiction that even a non-lawyer can see is fictitious, and they look bad doing it. This is costing those two judges major credibility points. They did it anyway.
That’s what I call power, right there.
Given other judgements from the Supreme Court of Canada, I do not doubt that if the Blackbirds hear the case, the lower-court fiction will be upheld. Same reason, somebody will tell them what the desired outcome is, and they will DO it.
Puts a whole new spin on the pipeline thing, eh?
Much like the beer-from-Quebec case. The constitution’s text was and is as plain as could be in that case. The Supremes utterly ignored it and said that it meant what New Brunswick and the other provinces wanted it to mean, so there. Go away you silly little plebe challenging your fine. This country’s not for the likes of you.
This country is for the likes of CSA. Not the likes of PS Knight.
While the power of the civil service could be in play, I believe it boils down to a judiciary and this applies across the country, who simply cannot abide or countenance any diminution or weakening of the status quo even if the current status quo, especially in this case, stands bereft of a serviceable leg to stand upon.
When the government is both the plaintiff and the judiciary, how can there be any other outcome? Seems we haven’t progressed at all since 1867…
If the law is privately owned, why don’t we simply take US and British statutes and reword them where necessary. It would take a week to draft, a week for federal approval, and a week for provincial approval. Fixed! Done!
So now that you have to pay for the law, one may argue that ignorance of the law (which one might not be able to afford) is a viable excuse. And the law becomes unchangeable without the permission of its copyright owner (or it has to be overridden completely). So law is now being made by the highest bidder (which aptly describes the CSA members to a tee) and we have no recourse, except by paying the copyright holders,as citizens, in its creation or modification. And finally, the CSA has created an uneven playing field for anyone who might damage their income from either the law itself or with competing products that might make the wording of the legislation inferior. So if you want to create new product in this country, keep it to yourself and register it elsewhere – there is no justice here.
There will be a similar case brought to the SCOC in spring of 2019. It’s toward the bottom of Knight’s press release.
“We know the issue and the case and, because the FCA Ruling included a Dissenting Opinion, we have a very good chance of a Supreme Court review. There is a similar case from Ontario presently scheduled for the Supreme Court in February, 2018 which may now be postponed in light of the FCA Ruling. Either way, delay or not, our case is close enough to this other case that it would be difficult for the Supreme Court to decline a review of ours.
That said, and perhaps it’s seven years of litigation and political interference colouring my perspective, but if the Court process is generally just a veneer in the benefit of whatever the civil service wants, then the result is already known. It’s just a matter of time and money to get there”
https://www.restorecsa.com/news/article/fca-ruling-arrives
Though it seems a long ways off for them atm.
marc, the court process is just a veneer and not a very thick one at that.
That is what “Law Enforcement” and the “Legal” system are in the West these days.
Sure will be a shame when they realize the consequences for their actions. Gilets Jaunes ain’t nothing compared to what will be coming at them and theirs.
He says: if the Court process is generally just a veneer in the benefit of whatever the civil service wants, then the result is already known. It’s just a matter of time and money to get there.
I think he is right. Courts in Canada will twist themselves into contortions to arrive at their preferred conclusion, the laws be damned. And they usually want to side with civil servants. This ruling is absurd.
This is just like the rulings that the constitution includes the right to strike and that freedom of expression ensures Toronto city council must be 47 councillors and not 25. Presumably there must be a number between 25 and 47 in which the number of councillors switches from unconstitutional to constitutional. Presumably if the constitution includes the right to strike (ie the right for employees to not work for employers and prevent others from doing so) then it must also include the right to slave labour (ie the right for employers to have employees that do not stop working and prevent others from taking their place).
I think Toronto should have 25,000 counsellors, and each one should speak for a minimum of 10 minutes on each and every motion. -sarc
But then nothing would get done!
Exactly.
Private Law means no law.
Mighty nice of the corrupt duo of that tribunal to tell us all no law needed.
Great no judges needed either because private law means private solutions.
This is a shining example of the Great Canadian Kleptocracy.
The ongoing saga of Reform CSA is a classic demonstration of how corrupt our institutions are.
Do you expect to go to private jail if you break private law? If you’re fined, do you pay with private dollars? or gov’t dollars?
sarcasm…
We see nothing; you see nothing but there strides the Emperor in all his naked glory. .
This saga is just one reason of many that Harper and the Conservatives deservedly lost the last election. They squandered their majority. Utterly squandered it. Low-hanging fruit like this, just left completely ignored. Mustn’t cause too much of a ruckus among the powerful in Ottawa, now. We’ve our majority to protect.
Fat lot of good it did them, didn’t it?
The next time (if ever) Conservatives form a majority, they need to go scorched-earth. Fast and hard and deep. Blow the deep state to hell, make no apologies for it. Salt the earth underneath so it never comes back. But they never will. They’re cowards at heart. Meek little wannabe Liberals, most of them.
This country’s so boned.
The law, the Government, and all it’s institutions including the plebes who toil beneath it are the chattel property of Her Majesty the Queen and her congenitally retarded family. Canada is a privately held business. Canada’s land and resources belong to the Royal Family. Why do Canadians just shrug this off and/or call anyone pointing this out to be wrong? Canada’s people are in denial and it is ugly.
Canadians are stupid. ————-six damn captcha screens.
Isn’t collectivism wonderful…left versus right,nowadays two visions of the right way to do collectivism.
Deuteronomy 28:
(15 ) But it shall come to pass, if thou wilt not hearken unto the voice of the LORD thy God, to observe to do all his commandments and his statutes which I command thee this day; that all these curses shall come upon thee, and overtake thee:
(49) The LORD shall bring a nation against thee from far, from the end of the earth, as swift as the eagle flieth; a nation whose tongue thou shalt not understand;
(50) A nation of fierce countenance, which shall not regard the person of the old, nor shew favour to the young:
((52) And he shall besiege thee in all thy (judgement) gates, until thy high and fenced walls come down, wherein thou trustedst, throughout all thy land: and he shall besiege thee in all thy (judgement) gates throughout all thy land, which the LORD thy God hath given thee.
(67) In the morning thou shalt say, Would God it were even! and at even thou shalt say, Would God it were morning! for the fear of thine heart wherewith thou shalt fear, and for the sight of thine eyes which thou shalt see.
When you have a hearing, and the judges -laugh- at the government counsel because his argument is utter garbage, then they find IN FAVOR of the garbage argument, that means somebody dropped a dime. Made a phone call. “Nice court ya got there, judge. Shame if something might… happen… to it.”
Clearly there is a great deal of money being generated by the corrupt setup at the CSA. Equally clearly, the people currently receiving all that money can get a federal judge to rule in favor of a guy they openly laughed at in court.
Just think about that for a moment. Somebody called those three judges, and two of them flipped. They created a transparent legal fiction that even a non-lawyer can see is fictitious, and they look bad doing it. This is costing those two judges major credibility points. They did it anyway.
That’s what I call power, right there.
Given other judgements from the Supreme Court of Canada, I do not doubt that if the Blackbirds hear the case, the lower-court fiction will be upheld. Same reason, somebody will tell them what the desired outcome is, and they will DO it.
Puts a whole new spin on the pipeline thing, eh?
Much like the beer-from-Quebec case. The constitution’s text was and is as plain as could be in that case. The Supremes utterly ignored it and said that it meant what New Brunswick and the other provinces wanted it to mean, so there. Go away you silly little plebe challenging your fine. This country’s not for the likes of you.
This country is for the likes of CSA. Not the likes of PS Knight.
While the power of the civil service could be in play, I believe it boils down to a judiciary and this applies across the country, who simply cannot abide or countenance any diminution or weakening of the status quo even if the current status quo, especially in this case, stands bereft of a serviceable leg to stand upon.
When the government is both the plaintiff and the judiciary, how can there be any other outcome? Seems we haven’t progressed at all since 1867…
https://www.youtube.com/watch?v=dOhw17nHNd4
Rest In Pieces, Canada….I weep for my country….
If the law is privately owned, why don’t we simply take US and British statutes and reword them where necessary. It would take a week to draft, a week for federal approval, and a week for provincial approval. Fixed! Done!