Concerned
Citizen
Background
- The government of Canada is actually the people of Canada and the
elected persons and public servants are just that: Employees of the
People. No one is above the law of the land. Laws are put
in place at the wish of the people and to protect their well-being,
all of these which are in compliance with the Charter of Rights and
the Constitution of this country. There must be no room for
interpretation and altering of the basic rights of the people of this
land. Failure to comply with an Act of Parliament would
constitute an offence under the laws of Canada.
- Producers convicted in Western Canada are alleged to have failed to
comply with the Customs Act:
- failed to provide a Canadian Wheat Board license to the Chief
Officer of Customs
- failed to report in writing the goods exported
- failed to put into custody of Customs conveyances and goods
seized
- removal of conveyance and goods seized under the Customs Act
- many more
To date producers have been jailed for months at a time; had their
trucks and products seized for more than 7 years; had their income tax
and GST refunds seized; lost ownership of their farms; paid fines,
ascertained forfeitures, legal cots, bail and bonds worth hundreds of
thousands of dollars; and more. Public servants have accumulated
costs in the millions of dollars attempting to uphold these alleged
offences. One must say: Why is this happening? Has the
Minister of the involved department lost control or have the people lost
control of their servants.
- The laws of Canada must be clear so that compliance with an Act is
adhered to. Producers have been handcuffed and shackled and
taken before a "Court of law." Producers have found
themselves victims of:
- being denied the right to an agent for defense
- assumed to be guilty with the absence of a charge and defense
- tampering of transcripts
- servants failing to tell the truth
- and much more
- Aside from the producers, the Ministers responsible also have a duty
to comply with the Act. Under section 129 of the Customs Act
that the Minister review the matter and render a decision in
respect of the civil enforcement action. The provisions of the
Customs Act require that the decision of the Minister be made as soon
as reasonable possible. The matter to be reviewed in this
instance is the fact of whether or not the seizing officer had
reasonable and probably grounds to seize the goods and/or conveyance
for the producer's failure to comply with the Act. Without the
grounds to seize no offence, of civil or criminal nature, could have
occurred under the Act.
- To bring you to the heart of this issue referring to a January 15,
2003 letter, the Canada Customs and Revenue Agency has decided to vacate
this civil action and it will not proceed with the review of the
matter. The CCRA has put the Minister of National Revenue in
non-compliance of the Customs Act of which he or she is responsible.
- Due to the fact the the Courts of Canada have not responded to the
rule of law in the past it would be futile for the people of Canada to
attempt to enforce compliance of the minister in this direction.
The only solution for this problem would be the public court.
History has proven over and over again that no force can override the
fundamental rule of law upholding the wishes and the well being of the
people of this land.
Note - Documents acquired under the Access to Information show clearly
that the only non-compliance of the Acts in question would be the actions
of the elected persons and public servants involved.
Concerned Citizen of Canada
Andrew M. McMecham
Possible Remedy:
- That the citizens of Canada do nothing so as their children and
grandchildren would be subjected to much greater abuse in the future.
- That an action be filed in our courts that could be dismissed or
papered in a fashion that would further erode the fundamental rights of
the citizens of Canada
- That concerned citizens proceed to their local offices (Customs Port
of Entry) on a date to be announced forcing the minister to comply
with the Act of Parliament for which he or she is responsible to the people.
If the Minister is unwilling to comply with an Act the message sent
could be the fact that the people need not comply. |
