The Committee on Monetary and Economic Reform (COMER) seems to be a reverendjim obsession. I'll get to it in a minute. Reverendjim realized, after making the above posting, that Quatloos, no matter how ineptly, did indeed have a discussion on COMER. A sad, shabby, ignorant thing.its entertainment felix. i think that answers all your points. why would burnaby want to invite me to their little sewing circle? i have about as much respect for one side of the debate as i do for the other...i would think that is obvious.
why do i say "you guys"? you may as well be one guy talking to himself over there. its like some kind of wierd back patting exercise. theres no real discussion. just a lot of agreeing. and obsession, lol. sounds familiar doesn't it? reminds me of the way the freeman society forum was before everyone left it. just a big agreement session. about different things, but the same in essence. i have yet to see a real solution to anything presented on quatloos. just a quick perusal of their forum and i see no mention of the committee on monetary and economic reform. i wonder why?
Reverendjim must be referring to this discussion;i was wrong. quatloos does have a thread mentioning committee on monetary and economic reform. and the ignorance was astounding...
maybe they should contact the offices of rocco galati and have it explained to them. they seem to be stuck on old beliefs concerning money and debt. which means all their talk concerning taxation is moot. they also make quite an effort to make any talk of the subject look like conspiracy theory. i have no idea why hellyers belief in aliens has anything to do with it. after all jimmy carter claims to have seen a ufo. so what? no, i see a forum with an agenda. it smells. like a tight little bunch who want keep things just as they are. their talk of the decisions in the case concerning comer are very misleading.
edit: one has to wonder why this particular case has never made the news. go to cbc and look for galati's name and you find a list of constitutional challeges as long as your arm. but no lawsuit agaist the BoC and the federal government. not a peep. very telling. you will find it on no other major news outlet either. very very telling.
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And the comment about astounding ignorance is probably related to my posting!
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And I'd thought I was doing the COMER acolytes a big favour! There have been deep dark conspiracy theories about the government of Canada suppressing a court decision that vindicated COMER and handed them a clear win. Information on this was apparently quashed by the evil forces of Prime Minister Harper and his minions.
Obviously a case of such immense national import must have been deep-sixed beyond the abilities of even experienced Google detectives like reverendjim to find so I spent 30 seconds of my busy day and found it for them. Those cunning bastards in the federal government had hidden it in clear sight, in the decisions section of the Federal Court of Canada, the court that heard the case.
However, if you read my posting on the case you'll note that I did not profess to have any knowledge of the issues beyond what is reported in the decision itself. I was responding to a question by LordEd to do with the meaning of this decision;
http://www.canlii.org/en/ca/fca/doc/201 ... fca20.html
LordEd had asked;
A bit of background. COMER had filed a lawsuit in Federal Court against the Bank of Canada. I won't go into details. I believe that, essentially, they want the BOC to return to the original intentions of the federal government when they created the BOC back in the great depression. The lawsuit was reviewed by a Prothonotary, basically an individual whose purpose is to cull the totally hopeless filings out from the more worthy ones to lower the workload of the Federal Court judges. This is probably the level that Menard's doomed Statement of Claim will get tossed. The Protonotary granted the Crown's motion to strike COMER's claim in its entirety without leave to amend. In August 2013 COMER brought a motion to the Federal Court under Rule 51(1) appealing the Prothonotary's decision. In April 2014 the Federal court reversed the Prothonotary's decision and allowed COMER the opportunity to amend it's Statement of Claim into something intelligible to the normal person. This is the decision that conspiracy theorists and COMER supporters claim was hit by a news and publication blackout to keep the world from finding that COMER has won.I found this on canlii: http://canlii.ca/t/gg4h9
Can somebody with more legal experience confirm my interpretation? The way I read this is that the court dismissed the claim/amended claim, but overturned the 'no leave to amend' allowing them to try again.
The Crown appealed this to the Federal Court of Appeal and lost. They gave a short decision saying they had to give deference to the Federal Court judge because his decision was not unreasonable.
Although the FCA showed its distaste for the whole issue by choosing not to allow costs against the Crown.[4] This Court may only interfere with the decision of the Judge if it was arrived at on a wrong basis or was plainly wrong: see Z.I. Pompey Industrie v. ECU-Line N.V., at para 18 [2003] 1 S.C.R. 450, 2003 SCC 27 (CanLII). This standard of review requires us to afford deference to the Judge’s decision.
[5] Notwithstanding the able arguments of counsel, we have not been persuaded that the Judge made any error that would warrant our intervention in either the appeal or the cross-appeal. Accordingly, the appeal and the cross-appeal will be dismissed without costs. The Appellants are granted 60 days from the date hereafter to make amendments to the Amended Statement of Claim.
http://www.canlii.org/en/ca/fca/doc/201 ... fca20.html
My posting was just an answer to LordEd's question. It did include comments that that COMER's lawsuit was almost certainly scandalous, vexatious, and an abuse of process but that COMERS Statement of Claim was such an incomprehensible mess that there was no way to really tell for sure. This may be the astounding ignorance that reverendjim was referring too. Unfortunately for COMER and Galati I didn't say that, the Federal Court of Canada did.
My personal comment, based on this was;Conclusions
[99] In my view, this appeal cannot succeed in its entirety. However, given my finding that the allegations of breach of statute and constitutional obligations may be justiciable depending upon whether the Plaintiffs can establish a reasonable cause of action through appropriate amendments, the Plaintiffs should have leave to amend.
[100] In view of my reasons, the following paragraphs of the Claim must be struck in their entirety:
a. Paragraph 1(a)(viii);
b. Paragraph 1(b);
c. Paragraph 41;
d. Paragraph 47;
e. Paragraph 48;
f. Paragraph 49.
[101] If these paragraphs are struck, it is then my view that, in accordance with Rule 221, the entire Claim discloses no reasonable cause of action, is scandalous and vexatious, and is an abuse of the process of the Court. However, there is a possibility that these problems could be remedied by appropriate amendments. For this reason, then, the Claim should be struck in its entirety with leave to amend.
However this is just a reframing of the Federal court comment. If our monetary expert reverendjim is hoping for a happy outcome of this lawsuit he'd better be prepared for heartbreak and tears. The case is hopeless.So the Federal Court essentially said that COMER's lawsuit is almost certainly scandalous and vexatious, and an abuse of process but the Statement of Claim is such a mess that there is no way to really tell for sure. So all the court did was give COMER another chance to try and submit a Statement of Claim that makes a modicum of sense so the court can toss it out based on the lack of merit in the arguments rather than incomprehension. The Federal Court of Appeal gave deference to the Federal Court judgement and dismissed the Crown's appeal to dump the whole mess. That will happen when COMER submits a new Statement of Claim that the court concludes;
1 - Is still unintelligible and the court tells them they've had a fair chance so get lost. or;
2 - The court can understand it and rules, on it's merits, that it is vexatious and an abuse of process.
Either way the case is past life support and is waiting for last rites.
While COMER seems to take this as an actual major victory against the evil empire it is just a procedural step that does not in any way support the basis of their lawsuit. Right off the top I can see an obvious reason why at least one part of the original Statement of Claim is fatally flawed;
Note that the wording is that bank may do what is in (i), (j) and (m), not shall do what is in the section. When "shall" is used in Canadian statures it is a requirement to do something but when "may" is usd the actions are discretionary so the bank is under no legal requirement under the Bank Act to do anything in those subsections. So if this mess makes it to court that part is doomed to failure because whether the Bank of Canada should allow these loans is not law but policy (the reason for the "may", is to allow the Bank flexibility in implimenting policy) and the court will not rule on that.[9] The causes of action claimed are chiefly concerned with three subsections of the Bank Act:
[10] COMER claims that the Bank and other Crown actors have failed to comply with the requirements of subsections 18(i) and (j), which they interpret as requiring the Bank and the Minister of Finance to make interest-free loans for the purpose of municipal, provincial and federal “human capital expenditures”.[4] The only individual case of a rejected loan appears to be the August 18, 2004, decision of the Minister of Finance to refuse a loan to the Town of Lakeshore, Ontario.[5]18. The Bank may
(i) make loans or advances for periods not exceeding six months to the Government of Canada or the government of a province on taking security in readily marketable securities issued or guaranteed by Canada or any province;
(j) make loans to the Government of Canada or the government of any province, but such loans outstanding at any one time shall not, in the case of the Government of Canada, exceed one-third of the estimated revenue of the Government of Canada for its fiscal year, and shall not, in the case of a provincial government, exceed one-fourth of that government’s estimated revenue for its fiscal year, and such loans shall be repaid before the end of the first quarter after the end of the fiscal year of the government that has contracted the loan;
(m) open accounts in a central bank in any other country or in the Bank for International Settlements, accept deposits from central banks in other countries, the Bank for International Settlements, the International Monetary Fund, the International Bank for Reconstruction and Development and any other official international financial organization, act as agent or mandatory, or depository or correspondent for any of those banks or organizations, and pay interest on any of those deposits;
Reverendjim said;
I'll make a wild guess why it never made the news; it is a crank lawsuit that the media has cocluded isn't newsworthy. Nobody cares. You can find, as reverendjim said, a long list of constitutional challenges by Galati but very few winning ones. This one just isn't worth the effort of the press or media to promote. It may make the news when COMER finally loses but at the moment all that has happened is a batch of dry procedural reviews on the admissability of the Statement of Claim. Hardly a barnburner.edit: one has to wonder why this particular case has never made the news. go to cbc and look for galati's name and you find a list of constitutional challeges as long as your arm. but no lawsuit agaist the BoC and the federal government. not a peep. very telling. you will find it on no other major news outlet either. very very telling.
LordEd took a shot at explaining COMER's position and I'll let it serve as an explanation of what they are about. As reverendjim aptly said I focus on fluff like Menard and just can't be bothered to address the important issues facing us.
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Galati is a legal Gadfly with an animus against the federal government. An ex Department of Justice lawyer who files lawsuits against the government. Type his name in You Tube and you'll have a week's entertainment listening to him go on and on. Given him credit, he did lead a successful charge to stop a Supreme Court of Canada appointment although I believe the Supreme Court, which decided the case, found against Judge Nadon's appointment for reasons other than those advanced by Galati;
http://en.wikipedia.org/wiki/Rocco_Galati