I have pointed out previously that one of the many dangers that Bill C-36 – now the misnamed Consumer Product Safety act – had hidden within it was the ability of a minister to avoid the courts by issuing “notices of violation” in a place of business with monetary sums attached rather than laying criminal or civil charges, and the only opportunity for objection was by review at a Ministerial review board.

Whilst both I and much more learned people such as Shawn Buckley, a constitutional lawyer, were ignored by all MPs and most of the Senators our fears that this would indeed be the beginning of change the rule of law in Canada are being borne out,

This is from the Canada Gazette, Part 1 of 29th January 2011 and clearly shows that the Minister of Transport is adopting the same process now it has been cleared by the House of Commons and the Senate as an “acceptable” means of avoiding the protection of the Canadian Courts in cases of suspected wrongdoing.

Highlighting in the main text is mine.

International Bridges and Tunnels Act.

Administrative Monetary Penalties Regulations

(International Bridges and Tunnels)

Monetary penalties can only be applied to “designated provisions”

in the proposed Regulations. Where there has been a contravention

of such a provision, the Minister of Transport would

decide on the amount of the fine to be charged. Before sending a

formal notice of violation to the offender, the Minister may enter

into discussion with the individual or corporation to try to have

them comply with the provision. If this attempt is unsuccessful,

the Minister has the authority to issue a notice of violation, identifying

the violation and the monetary penalty. Details concerning

the timeframe for payment and how the payment can be made

would also be included. If the payment were made as specified,

there would be no further proceedings under the Act with respect

to that contravention. However, if the individual or corporation

objects to the notice of violation, they have the right to request a

review by the Transportation Appeal Tribunal of Canada.

So I suppose my question is this:

Is this the way this dysfunctional Government will do away with the court system here in Canada and issue violations instead of arrests to violent criminals et al, which will lead to them filling their proposed super jails without the need to bother with courts? After all if the courts have not been involved in the process they can hardly be involved in any parole hearings can they?

Behind my supercilious question there lies a real worry that this government, to whom the people of Canada – their employers – mean absolutely nothing, really might be heading this way. Clearly the rule of law is under attack here in Canada as the Ministers of a dysfunctional government will soon be in charge of all “violations” and “penalties”.

One has only to observe the Minister of Justice to see that his blustering buffoonery when he is in the House, or at a parliamentary Committee, is just a façade to cover his removal of the rule of law and his rejection of the Canadian Bill of Rights, and the Canadian Charter of Rights and Freedoms, and indeed our constitution. Not only that but he is telling us what a wonderful fellow he is to be doing it and wildly criticizing anyone who does not agree with him!

Is this what we want to leave for our children and grandchildren? I know I do not nor do I give my approval to what my employees are doing.

If you treated your employer this way how long would you have your job?

Please help me send them a clear message about this and speak up now.

Jeremy Arney