Thursday, 28 January 2016

Thursday, January 28, 2016

Kelowna law court

1355 Water St,

Kelowna, BC V1Y 9P4
Accused: British Columbia Securities Commission
Plaintiffs: U-GO Brands, Board of Directors and Shareholders
                                                                     Seeking Court Injunction
withholding evidence
This brief is in regards to the missing hearing transcripts for October 8th and October 31st 2014, preliminary hearings. The British Columbia Securities Commission insists no such transcripts ever existed and it is not standard practice for one to be recorded for a preliminary hearing. At these preliminary hearings there was a stenographer present all day and we all had to state our name for the record at the beginning of the hearings. All other hearings and interviews had transcripts produced including the hearing preceding these two hearings in October. Why would there not be a transcript for these hearings? Even if they are preliminary hearings? There is a transcript for the march 13/14 2014 preliminary hearing and we will attach it as proof. Why would the next hearing even if 'preliminary' not be recorded?

Either the British Columbia Securities Commission is lying and withholding the transcript, or the transcript was destroyed.

For arguments sake let’s pretend we didn't see the stenographer and nothing was really recorded then this would beg the question how can the bcsc claim to operate as a court with all the authority of a supreme court as it is so fond of informing us it has. The British Columbia Securities Commission mandate is to operate in a fair, just and impartial manner yet its court proceedings are so far from impartial and just that it is a miscarriage of justice. I have copied a section of the commissions own policy on hearings. The commission believes since the securities act does not outline specific instructions on how to run its court proceedings that the commission may proceed as it sees fit and create its own procedures.

<<< Exert from commission policy on hearings>>>

Part 2 Hearings

2.1 procedures – the commission conducts hearings less formally than the courts. The act

And regulation prescribe very few procedures the commission must follow in hearings.

Consequently, except for these, the commission is the master of its own procedures. In deciding

Procedural matters, the commission considers the rules of natural justice set by the courts and

The public interest in having matters heard fully and decided promptly.

<<< end of exert>>>

How can the bcsc claim to operate as a court of law yet operate in such an arbitrary manner? By its own admission if it is to follow the rules of natural justice set by the courts then certainly everything should be on record including a preliminary hearing.

The commission and its agents have repeatedly stated that the commission is not governed by the Canadian constitution nor is it obligated to operate in a manner that is in accordance with the procedures and rules of the Canadian Supreme Court. This is contrary to the constitution which clearly states that unless specific provincial legislation outlines otherwise, all laws, regulations, rules, courts, tribunals shall operate in accordance with the constitution act of 1982;

Application of charter

  • 32. (1) this charter applies
  • (a) to the parliament and government of Canada in respect of all matters within the authority of parliament including all matters relating to the Yukon territory and northwest territories; and
  • (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

Either the transcripts were destroyed or withheld or there never were any in the first place as the bcsc insists. Whichever answer is true it is our position that the bcsc has lost all credibility as it operates in contravention of either the Canadian constitution and the guidelines for supreme court or the criminal code. Neither of these positions would support any supposed authority the bcsc operates with. It has compromised its position and is not fit to regulate the securities market in British Columbia as it does not operate in accordance with the principles of justice and the rule of law.

The British Columbia Securities Commission is guilty of either withholding/destroying evidence or a breach of the Canadian constitution. Either way the BCSC is compromised.

Peter Harris
Christopher Burke
U-GO Brands Nutritional Product Inc.

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