Fishing with Rod Discussion Forum
Fishing in British Columbia => Fishing-related Issues & News => Topic started by: Novabonker on October 27, 2012, 04:49:09 PM
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>:( >:( We paid 26 million and the Cohen report may not be made public? If this is even close to true, I expect there should be a campaign to get the report out. This makes me sick and reeks if it's redacted or censored in any way..
http://www.cbc.ca/news/canada/british-columbia/story/2012/10/26/bc-sockeye-inquiry-report-public.html
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Ke-Rist! Harpo has gone so damn far off the rails in so many directions it is becoming Absolutely SICKENING!! >:(
26.5 Million Tax Dollars went into this. RELEASE the Findings You &%#@!!
Totally PO'd,
Nog
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Trying to cover so many things including fish farms? Sad. ::)
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Trying to cover so many things including fish farms? Sad. ::)
Very Mortonesque! Well done.
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Might be a bit early to be jumping to any conclusion.
It does appear from that article that the idea the report might not be released isn't substantiated by anything but speculation by a reporter based on a lack of information about a release date rather than a fact based on some piece of real information that indicates the report won't be released. A Google search of the news shows that single article is the only one reporting the possibility.
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I agree, it is early to be jumping to conclusions based on this news article. However, the article does states: Under the terms of reference, B.C. Supreme Court Justice Bruce Cohen must deliver his report to the federal government by Monday. This part is true.
It does not state that the government will never release it to the public. People should be cautious about how much they read into what the media says sometimes. After reading the posts about this on other forums it seems to be taking on a life all on its own. Nevertheless, I hope it is released.
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In accordance to section 337 criminal code of canada, it says the following!
Public servant refusing to deliver property
337. Every one who, being or having been employed in the service of Her Majesty in right of Canada or a province, or in the service of a municipality, and entrusted by virtue of that employment with the receipt, custody, management or control of anything, refuses or fails to deliver it to a person who is authorized to demand it and does demand it is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
[ hotrod
: UCC 1-207 .]
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I have a feeling it will leak once submitted ;)
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I have a feeling it will leak once submitted ;)
Please do. ;D ;D
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In accordance to section 337 criminal code of canada, it says the following!
Public servant refusing to deliver property
337. Every one who, being or having been employed in the service of Her Majesty in right of Canada or a province, or in the service of a municipality, and entrusted by virtue of that employment with the receipt, custody, management or control of anything, refuses or fails to deliver it to a person who is authorized to demand it and does demand it is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
[ hotrod
: UCC 1-207 .]
Sorry... I'm confused why this is relevant... yes he is a public servant and yes he already has delivered it...so? could you please explain
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It will be posted on the commission website after the news conference on Halloween. I expect all you whiners to read it cover to cover before commenting. That should lock this thread up until early December. ;D
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http://www.cohencommission.ca/en/FinalReport/
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Sorry... I'm confused why this is relevant... yes he is a public servant and yes he already has delivered it...so? could you please explain
So as it reads, If you or anyone in the public makes a 337 demand for the cohen report to be delivered to you and they refuse, they are breaking the law!
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ooh I get it
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For me, the key word is “authorized”. If someone is a lawyer who knows this stuff perhaps they can explain further; however, from my understanding not anyone can make a 337 claim – unless they are authorized. How can anyone be authorized? That does not make sense to me. That’s why I thought I would look into this. If you read the Term of Reference from the Cohen Commission website it clearly states how the report gets passed along and to whom.
Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, hereby
a. pursuant to paragraph (b) of the definition “department” in section 2 of the Financial Administration Act, designates the Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River as a department for the purposes of that Act; and
b. pursuant to paragraph (b) of the definition “appropriate Minister” in section 2 of the Financial Administration Act, designates the Prime Minister as the appropriate Minister with respect to the Commission referred to in paragraph (a).]
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, hereby
a. directs that a Commission do issue under Part I of the Inquiries Act and under the Great Seal of Canada appointing the Honourable Bruce Cohen as Commissioner to conduct an inquiry into the decline of sockeye salmon in the Fraser River (the “Inquiry”), which Commission shall
xv. direct the Commissioner to submit, on or before October 29, 2010, an interim report, simultaneously in both official languages, to the Governor in Council, setting out the Commissioner’s preliminary views on, and assessment of, any previous examinations, investigations or reports that he deemed relevant to the Inquiry and the Government’s responses to those examinations, investigations and reports, (as replaced by Order in Council P.C. 2010-954 of July 23, 2010)
xvi. direct the Commissioner to submit, on or before October 29, 2012 (as replaced by Order in Council P.C. 2012-1132 of September 24, 2012), one or more reports, simultaneously in both official languages, to the Governor in Council, and
xvii. direct the Commissioner to deposit the records and papers of the Inquiry with the Clerk of the Privy Council as soon after the conclusion of the Inquiry as is reasonably possible
In addition, seeing as though Bruce Cohen is an actual judge I would expect him to realize what the law requires him to do under the circumstances he was under. Honestly, I do not believe there was ever the intention to not release the report to the public considering the testimony that has been already available to the public on the commission website. If it was (dumbest move by Harper), it would surely be leaked (as dnibbles stated).
http://www.cohencommission.ca/en/Commissioner.php
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For me, the key word is “authorized”. If someone is a lawyer who knows this stuff perhaps they can explain further; however, from my understanding not anyone can make a 337 claim – unless they are authorized. How can anyone be authorized? That does not make sense to me. That’s why I thought I would look into this. If you read the Term of Reference from the Cohen Commission website it clearly states how the report gets passed along and to whom.
Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, hereby
a. pursuant to paragraph (b) of the definition “department” in section 2 of the Financial Administration Act, designates the Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River as a department for the purposes of that Act; and
b. pursuant to paragraph (b) of the definition “appropriate Minister” in section 2 of the Financial Administration Act, designates the Prime Minister as the appropriate Minister with respect to the Commission referred to in paragraph (a).]
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, hereby
a. directs that a Commission do issue under Part I of the Inquiries Act and under the Great Seal of Canada appointing the Honourable Bruce Cohen as Commissioner to conduct an inquiry into the decline of sockeye salmon in the Fraser River (the “Inquiry”), which Commission shall
xv. direct the Commissioner to submit, on or before October 29, 2010, an interim report, simultaneously in both official languages, to the Governor in Council, setting out the Commissioner’s preliminary views on, and assessment of, any previous examinations, investigations or reports that he deemed relevant to the Inquiry and the Government’s responses to those examinations, investigations and reports, (as replaced by Order in Council P.C. 2010-954 of July 23, 2010)
xvi. direct the Commissioner to submit, on or before October 29, 2012 (as replaced by Order in Council P.C. 2012-1132 of September 24, 2012), one or more reports, simultaneously in both official languages, to the Governor in Council, and
xvii. direct the Commissioner to deposit the records and papers of the Inquiry with the Clerk of the Privy Council as soon after the conclusion of the Inquiry as is reasonably possible
In addition, seeing as though Bruce Cohen is an actual judge I would expect him to realize what the law requires him to do under the circumstances he was under. Honestly, I do not believe there was ever the intention to not release the report to the public considering the testimony that has been already available to the public on the commission website. If it was (dumbest move by Harper), it would surely be leaked (as dnibbles stated).
http://www.cohencommission.ca/en/Commissioner.php
So basically, you don't have to be a lawyer to make a 337 demand. If you are a card carrying canadian you can make the claim based on section 337 of the criminal code of canada. If the fail to deliver, then you file a criminal complaint against the alleged parties and let the investigation begin.
Further, the fact that he is a judge is a sure sign that he swears an oath and is in service of Her Majesty, just as all canadians are! Therefore, it stands to reason that the criminal code of Canada applies ! Unless ,of course, he is not Canadian!
hotrod
ucc 1-207
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So basically, you don't have to be a lawyer to make a 337 demand. If you are a card carrying canadian you can make the claim based on section 337 of the criminal code of canada. If the fail to deliver, then you file a criminal complaint against the alleged parties and let the investigation begin.
Further, the fact that he is a judge is a sure sign that he swears an oath and is in service of Her Majesty, just as all canadians are! Therefore, it stands to reason that the criminal code of Canada applies ! Unless ,of course, he is not Canadian!
hotrod
ucc 1-207
Perhaps you don't need to be a lawyer, but you need to be "authorized to demand it" according to the Section 337. A "card carrying canadian" is not sufficient grounds to be deemed "authorized". If that were the case my mother could come to my office and demand the data I am working on right now. That makes absolutely no sense, hotrod. I think you are mixing this up with the Freedom of Information Act which is totally different with different legislation.
So, let me get this straight.....Because Justice Cohen swears an oath and is in service of Her Majesty this is the same as the average Canadian who has citizenship so they are automatically authorized. Not quite, hotrod…lol. The authority that Cohen received in his capacity as a Commissioner of a Public Inquiry is not the same as some average person just having Canadian citizenship alone. You need to read the applicable legislation that is mentioned in the commission website. However, if you are very certain that Section 337 works like the way you say it does in this case I would be very interested in getting an update from you at some point on this website to see if any public servants have been prosecuted.