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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