-Caveat Lector- >Ontario's Bill 155 is legislation that, if passed into law, will allow >the Queen in Right of Ontario to take people's land or possessions - on >the basis that they are or were purchased with the proceeds of crime, >or could be used in a crime - without first finding them guilty of an >offence. > >Have a gun, a knife, a set of scales, a computer in your house? The >cops will be capable of taking any such thing and having you prove that >you didn't purchase it with the proceeds of crime, or that you are not >going to use it to commit a crime. Same goes for your car, your house, >your cottage, your cash...you name it. There is a process, of course, >but the American example teaches us that obtaining your property will >be largely a process of rubber-stamping requests (search the web in >respect of the infamous, American "RICO" statute, and how innocent >Americans have had their property seized without ever having committed >an offence. > >It is an outrage that, in Canada, any politician would propose >legislation permitting the Crown to take your property without first >proving that the property was the proceeds of a crime or used to commit >a crime. Bill 155 will allow the government to loot the property of >law-abiding citizens, period. > >The government of Ontario is trying to sell Bill 155 as anti-biker-gang >legislation. It is not. It is much wider in scope than that. Even >the title for the legislation should make that clear: the "Remedies >for Organized Crime *and Other Unlawful Activities* Act, 2000". >Written as it is, the government could take your property for violating >a law of Quebec (e.g., sign law). Section 2 states that "In this part >[entitled "Proceeds of Unlawful Activity": > >" "unlawful activity" means an act or omission that, > >(a) is an offence under an Act of Canada, Ontario or another province >of Canada..." > >The Bill gives that same definition in respect of "Instruments" (as >opposed to proceeds) of Unlawful Activity. > >Speeding is an offence in Ontario: cars are used to speed and some >(like Ferraris, Porsches and Mercedes) are worth a fair penny - how >many government employees will show up at the auction? The possession >or sale of some erotica in Canada is considered criminal, and some >erotica retailers innocently offer erotica that someone from time to >time deems "obscene": erotica is sold in buildings, with cash registers >and other equipment, and it is impossible to distinguish the cash used >to buy an obscene thing from that used to buy a not-obscene thing. >Sometimes people who are underage by cigarettes or alcohol from >retailers/bars. Who is to say that your registered fire arm won't one >day be used in a crime: gone. Perhaps your boat will be used to >smuggle cigarettes or drugs: gone. Perhaps marijuana will grow on some >of your land: bye bye farm (prove you didn't intend it to grow there). >The list of possibilities is virtually endless. > >Notice something else: unlawful activity includes not only "acts" >(i.e., doing something) but "omissions" (not doing something). >Consider the various forms of registration required in Canada and the >Provinces, as examples. > >This legislation is BROAD, SWEEPING and capable of facilitating >government corruption, theft and abuse at several levels. If made law, >property rights will be meaningless: if made law, this bill arguably >will be the single greatest assault on property rights ever imposed by >a government in Canada. And you can be sure that the governments of >other provinces are watching to see whether or not the Harris >government can push this thing through. If they do so, you can expect >the same government looting/disguised-taxation law to be passed in the >other provinces. > >Arguably, the law would also violate our most long-lived guarantee of >property rights in Canada: the Magna Carta. Some people have argued >that, because the Canadian Charter of Rights and Freedoms does not >specifically grant or recognize rights of property - or because it does >not list the Magna Carta as a constitutional statute - Canadians have >no property rights. Contrary to what some have suggested, however, I >would argue that the Magna Carta - which protects property rights >expressly - remains part of the law of Ontario. It has been applied in >Ontario *even since the coming into force of the Canadian Charter of >Rights and Freedoms and has been held still to be law in Ontario*. > >Section 28 of the Magna Carta states: > >"No constable or other bailiff of ourse shall take the corn or other >chattels of any one except he straightway give money for them, or can >be allowed a respite in that regard by the will of the seller". > >Section 52 states, in part: > >"If anyone shall have been disseized by us, or removed, without a legal >sentence of his peers, from his lands, castles, liberties or lawful >right, we shall straightway restore them to him." > >Thus, the Magna Carta prevents Her Majesty from taking your chattels >(i.e., your stuff, your computer, your car, your _______ ) or taking >your land without paying you for them/it, and requires Her to return >your property to you immediately. I would argue that Bill 155 would be >in violation of the Magna Carta and would, on that basis, be a bill >which Her Majesty has no authority to make law (i.e., that, were Bill >155 made law, it would be "unconstitutional"). > >I would suggest that everyone phone their MPP and complain about this >bill right away. Don't mess around. Tell your MPP that you will fight >his/her re-election in the next provincial election if he/she votes in >favour of this legislation. Organize. Protest (peacefully, of course). >And DO IT QUICKLY. Don't wait until after the law is in place to >protest. If you do, your only hope will be a constitional argument the >courts...expensive, time consuming, and with questionable prospects of >success. > >You should be particularly concerned if you are a peaceful and law- >abiding Harley Davidson owner or member of any motorcycle club. Of >course, if you are such a person, you probably know this already. > >But the number of potential victims under this legislation is >practically unlimited. Examples might include the owners of >entertainment establishments, head shops, adult products stores, >gay/lesbian book stores, private libraries, the assets computers and/or >records of political or activist organizations, etc.. > >You can read Bill 155 for yourself at: > >http://www.ontla.on.ca/Documents/StatusofLegOUT/b155_e.htm > >You might also wish to contact the Freedom Party of >Ontario (an Officially Registered political party in >Ontario which is in favour of individual freedom and >responsibility...libertarian, essentially), which is looking closely >at this bill and considering what action to take. Your input could >be helpful and could make meaningful opposition to this >Bill a reality. You can contact Freedom Party at >1 (800) 830-3301 or e-mail it at [EMAIL PROTECTED] . >Freedom Party's president, Mr. Robert Metz, will be available >after January 15, 2001 should you wish to direct your comments >and concerns directly toward him. > >If you would prefer to speak to another political party or activist >organization about this issue, please do so. This legislation >definitely calls for wide spread, well vocalized dissent. > > >Regards, > >Paul McKeever >Barrister & Solicitor >Oshawa, Ontario. > >-Where freedom is outlawed, only outlaws are free. > > > >Sent via Deja.com >http://www.deja.com/ -- Crime does not pay unless you get elected. - Andrew J. Galambos <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! 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Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html">Archives of [EMAIL PROTECTED]</A> http:[EMAIL PROTECTED]/ <A HREF="http:[EMAIL PROTECTED]/">ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
