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02-26-2020, 09:21 AM
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Join Date: Jun 2018
Posts: 114
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Lawsuits for Native Blockades
Today, when I watched the various news stations and news feeds, there was a significant amount of information and feedback on the effect the blockades are having on small and medium size businesses and farmers. So my question is, the blockades have been found to be illegal, injunctions issued and ignored, should these businesses and farmers be launching civil suits to recover the lost revenue?
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02-26-2020, 09:32 AM
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Join Date: May 2013
Posts: 3,221
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Well, the question is, who do you launch the suit against? If the band is in favor and has given approval, and a few members with hired protesters paid for by foreign money are protesting, who do you sue?
Getting garnishments against individual agitators could be interesting.
I wonder if one could sue the Foundations encouraging this behaviour.
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02-26-2020, 09:37 AM
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Join Date: May 2007
Location: Calgary
Posts: 5,297
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class action against the RCMP or the government for not enforcing the law.
will never happen but have seen stranger things in my day...
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Avatar by Gitrdun
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02-26-2020, 09:38 AM
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Join Date: Oct 2018
Posts: 7,334
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Lawsuit should be towards the federal government do lose of wages/business from lack of enforcement of Canadian laws. Might as well add in some mental anguish/trauma for good measure
Is this legally possible I don’t know
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02-26-2020, 09:46 AM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,072
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You can sue anyone in Canada.
The problem is, proving loss of sale or income is very difficult to do in Canada. You can't go to the Judge and say 'in the same 90 day period last year I made $99,000 and this year because of the protests I made $33,000 so I want to sue them for $66,000.
Well you can but it is impossible to prove unless you have signed testimony from a customer stating 'because of a result of so and so causing this problem we will not be purchasing from you this year' sort of a deal and even then the Liberal Judge likely will throw it out. (They all seem to be lately)
The only real way would be for some sort of victim restitution, through a PPSR search or asset investigation. If they have seizable assets, great.
The bad part is with a garnishee outstanding against the individual it may hinder their ability to secure employment, but you do have 10 years with Judgement to complete your action in Queen's Bench.
I would think anyone that has hired these idiots is out of country, and likely under a heavily worded contract with no indemnity clause. 'If caught you are on your own'.
__________________
Only dead fish go with the flow. The rest use their brains in life.
Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
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02-26-2020, 09:54 AM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,072
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In Alberta and Saskatchewan, there used to be a rule about Indians being 'execution proof' on reserve land, but I am unable to find that anymore, it has maybe been revised? In the late 80's many reserves in the area were screaming racist because the banks and finance companies would not loan to them, likely because neither were able to seize assets if and when the payments stopped. It was a very interesting time.
I have gone on the reserves many times in the past couple decades for seizure of assets, but I know in the 80's we were unable to do so.
I have been told (by natives) that assets placed on reserve land was untouchable, but that could be just in their minds as well, have not yet acted on Judgements for such.
__________________
Only dead fish go with the flow. The rest use their brains in life.
Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
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02-26-2020, 09:57 AM
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Join Date: Apr 2013
Location: Medicine Hat, AB
Posts: 401
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Quote:
Originally Posted by gramps73
class action against the RCMP or the government for not enforcing the law.
will never happen but have seen stranger things in my day...
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Just an FYI.
The reason why so much hate is directed against the RCMP is because they HAVE been enforcing the injunction for MONTHS on territory which they have primary jurisdiction over (IE. at the Coastal Gas Link site near Houston, BC).
Vancouver Police have also been enforcing the injunction and a degree of hate has been focused on them, but, not to the same degree as the RCMP.
The police forces late to the table are the ones in Ontario and Quebec (IE. the OPP and Surete).
Do not expect the RCMP to roll into Edmonton, Calgary, Ontario nor Quebec to solve this issue as they are not the jurisdictional police service.
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02-26-2020, 11:29 AM
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Join Date: May 2007
Location: Calgary
Posts: 5,297
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Quote:
Originally Posted by Big_Willy
Just an FYI.
The reason why so much hate is directed against the RCMP is because they HAVE been enforcing the injunction for MONTHS on territory which they have primary jurisdiction over (IE. at the Coastal Gas Link site near Houston, BC).
Vancouver Police have also been enforcing the injunction and a degree of hate has been focused on them, but, not to the same degree as the RCMP.
The police forces late to the table are the ones in Ontario and Quebec (IE. the OPP and Surete).
Do not expect the RCMP to roll into Edmonton, Calgary, Ontario nor Quebec to solve this issue as they are not the jurisdictional police service.
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I have no hate for RCMP and never stated that either
if they are under pressure because they are inforcing that law, then so is every cop in uniform.
that is what they a paid to do.
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Avatar by Gitrdun
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02-26-2020, 11:41 AM
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Join Date: Jun 2014
Location: Canmore
Posts: 2,102
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If you sue the brave warriors you will be suing yourself because most of their money comes from hard working non indians.
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Woke up with a pulse, best day ever
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02-26-2020, 11:59 AM
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Join Date: Oct 2009
Posts: 1,240
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Quote:
Originally Posted by Ken07AOVette
You can sue anyone in Canada.
The problem is, proving loss of sale or income is very difficult to do in Canada. You can't go to the Judge and say 'in the same 90 day period last year I made $99,000 and this year because of the protests I made $33,000 so I want to sue them for $66,000.
Well you can but it is impossible to prove unless you have signed testimony from a customer stating 'because of a result of so and so causing this problem we will not be purchasing from you this year' sort of a deal and even then the Liberal Judge likely will throw it out. (They all seem to be lately)
The only real way would be for some sort of victim restitution, through a PPSR search or asset investigation. If they have seizable assets, great.
The bad part is with a garnishee outstanding against the individual it may hinder their ability to secure employment, but you do have 10 years with Judgement to complete your action in Queen's Bench.
I would think anyone that has hired these idiots is out of country, and likely under a heavily worded contract with no indemnity clause. 'If caught you are on your own'.
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Of hard to prove loss of income if you are a railroad employee on lay-off due to a blockade.
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02-26-2020, 12:31 PM
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Join Date: Feb 2014
Posts: 248
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Any of these police forces are run by politicians. The guys on the ground are doing what they are told to do in order to keep their jobs and themselves out of jail. Most I have met would have been in there swinging if they were directed or allowed too. The chiefs of these forces and the RCMP commissioner are being controlled by our politicians and those folks love it when we blame the rank and file and do not voice our dissent directly on them.
Give the police direction and they will get the job done. We do not need any more laws enacted ( another smoke screen) enforce the ones we have or get out of politics. Or out of the path of the citizens.
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02-26-2020, 02:33 PM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,072
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Quote:
Originally Posted by dgl1948
Of hard to prove loss of income if you are a railroad employee on lay-off due to a blockade.
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Yes, trouble is the government has that tied up in a neat little bow- EI after waiting period. Liberal judges have that figured out for sure.
__________________
Only dead fish go with the flow. The rest use their brains in life.
Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
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02-26-2020, 04:02 PM
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Join Date: Apr 2012
Posts: 1,103
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The higher up you are in the police ranks, the more politically correct you have to be or, you won't be appointed to that position. Justin Trudeau is not going to appoint an RCMP
commissioner that is a hard azz on crime, aka the Wyatt Earp Syndrome.
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02-26-2020, 06:13 PM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,072
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Trudeau just gave another 2,1 Billion to FN.
If his part of that is 10% he gets a 200,000,000 kick back,
Would anyone be surprised if they were the ones that own him?
__________________
Only dead fish go with the flow. The rest use their brains in life.
Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
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