Bolszewickie prawo w Kanadzie, ktore pozwala konfiskowac mieszkania, domy, samochody za hodowle marihuany, niczym sie nie rozni od stalinowskiego prawa, ktore tez pozwalalo na wywlaszczenie, konfiskaty, wywozki do gulagow osob niepoprawnych politycznie, przeciwnikow systemu komunistycznego, czy posiadaczy nielegalnej bibuly.
Bolszewicko-nazistowska mysl, ktora to prawo stworzyla w Kanadzie bedzie niedlugo testowana w Sadzie Najwyzszym Kanady. Czy wolnosc i humanitaryzm zwyciezy? Czy sedziowie powiedza NIE dla totalitarystycznych ciagot prawodawcow? Trudno powiedziec. Zniewolenie spoleczenstwa w Ameryce Polnocnej pod przykrywka tzw. "wojny z narkotykami" doszlo juz do takiego stopnia, ze trudno bedzie to z powrotem odkrecic. Ostatnia szansa to w niezaleznym sadownictwie. Jesli ono jest jeszcze niezaleznym.
Supreme Court to rule on property seizures
GROW-OP CASES
Judges to decide if forfeiture of home is proportional to crime
BY SHANNON KARI
Pressed to explain why he would start a marijuana grow-op in his family's modest home, 60-year-old Tam Ngoc Tran finally broke down in court.
The Vietnamese immigrant tried not to cry as he called it a "blind moment of desperation" in an attempt to provide for his family including his three children.
Tran was trained as an electrical engineer and worked as a labourer since arriving in Canada nearly 20 years ago, eventually becoming a citizen. Unable to work regularly because of a stroke, he tried to grow marijuana in his own home.
Tran paid his own hydro bills, was not experienced at growing marijuana and was losing money on the operation by the time he was arrested by Toronto police. At a court hearing last month, federal prosecutor Dave Rowcliffe suggested to Tran that he should have sought welfare instead of turning to crime.
"What is more shameful: Getting social assistance or growing an illegal substance that may be sold to children?" asked Mr. Rowcliffe.
The federal prosecutor is seeking the forfeiture of the family's home, valued at about $300,000, in addition to a short jail sentence, to "send a message to the Supreme Court," Mr. Rowcliffe said.
The sentencing hearing has been adjourned until January, but next week the Supreme Court of Canada will hear arguments in four cases that will not only affect Tran and other defendants, but will also define the extent of forfeiture powers for federal and provincial governments.
The court must decide whether forfeiture of a residence for people convicted of marijuana grow-op offences is proportional if there is no link to organized crime.
In perhaps the most closely watched case, the court will rule on Ontario legislation that permits the province to seize property even if no criminal charges are filed. The federal and provincial powers were designed to combat organized crime, but critics say they are too often used to crush low-level offenders.
"We do not cut off the hands of shoplifters," said Peter Zaduk, the lawyer for Tran. One of the appeals next week is from a B.C. decision that ordered the forfeiture of the North Vancouver home of Judy Ann Craig.
The 58-year-old woman ran a profitable marijuana operation out of her 1,000-square-foot home and said she sold to people with AIDS, to professionals and others without any link to criminal groups.
She is also facing a $250,000 tax assessment by the federal government, based on her marijuana earnings. Her lawyer, Howard Rubin, noted that the seizure of property for anyone convicted of a criminal offence was a practice that ended in Britain in the late 1800s.
"There should be some taint, some connection to organized crime," for a residence to be forfeited, Mr. Rubin said. In its written arguments filed with the Supreme Court, the federal Crown stated: "Ms. Craig had a middle class upbringing, was relatively well off and chose to grow and sell marijuana out of sheer greed."
It is asking for a 12-month jail term in addition to the forfeiture of her home. To seek a forfeiture order, the federal government must first obtain a criminal conviction against an individual.
The Ontario Civil Remedies Act, which is facing a constitutional challenge, requires that a judge determine on the balance of probabilities that the property was used for unlawful activity. The unlawful activity can be an alleged violation of any provincial offence or federal statute. It does not have to be in the Criminal Code.
James F. Diamond, a Toronto lawyer who is part of the constitutional challenge, said landlords could potentially lose their homes if tenants are engaging in any kind of unlawful action.
"Everything is fair game for the province to seek forfeiture without a criminal charge," Mr. Diamond said. While Ontario was the first to enact forfeiture legislation in 2002, six other provinces have passed similar laws. The challenge to the Civil Remedies Act goes back to the division of powers outlined in the Constitution Act 1867.
The Supreme Court must decide if the legislation infringes on federal criminal law jurisdiction or if it falls under the provincial property and civil rights powers. While the federal government has stated that forfeiture of a residence is punishment, Ontario and its provincial counterparts are arguing that the Civil Remedies Act is not punishment. Instead, it is a tool to compensate victims of crime.
Critics of these provincial powers are missing a key point, suggested Rob Kroeker, director of the civil forfeiture office in B.C. "You never had the right to title," if property was obtained through the proceeds of crime, Mr. Kroeker said. "If you rob a bank, you can't say you have the right to possess the money," he added (NATIONAL POST, Sarurday, November 8, 2008).
06:30 Hrs. Lektura tronowa. "Polityka".
06:40 Hrs. Rano trzeba wstac. Rano, to jest tak cos po pierwszej, bo pozniej juz nie - unosi sie w Polskim Radiu Toronto na fali 1320 AM. Na dworze zimno. 1-stopniowo. Ubrany jestem w zimowa parke + rekawiczki. W dzienniku: Unia Europejska sklania sie do dyskusji z Rosja. Litwa i Polska sa przeciw takim rozmowom z Rosja. Ktos zapalil papierosa na rosyjskiej podwodnej lodzi nuklearnej. 20 marynarzy nie zyje. Wczesniej "Kursk" sie zatopil i zgineli wszyscy, 118 marynarzy. Wot, ta ruska flota! Wieczna, niezniszczalna, jak Lenin.
ESSO, Shell, Canadian Tire, Petro-Canada biora za litr paliwa $0.84.3.
Czestuje sie gazetami ze skrzynek: "Metro" (www.metronews.ca) z "Scribe was shackled in 'small cave' Freed CBC reporter recounts Afghan ordeal" na okladce + "24 hours" z "Feds hint at stimulus package" na okladce.
21:37 Hrs. Daje glos na Ustke (3811) na stronie "Gmina".
LEGALIZE.ORG
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