The BC Securities Commission denies transcripts to two hearings exist, hearings in which they denied our rights or lied to us. The following is a legal brief in relation to one of them.
How can the BC Securities Commission claim to run any sort of legal process and by their own account only "sometimes" record the Hearings??
How can the Commission have any credibility when they consistently commit criminal offences?
BCSC Tampering/Withholding evidence
Brief;
This Brief is in regards to the
missing hearing transcript for Oct the 8th 2014
preliminary hearing. The BCSC insists no such transcript ever existed
and it is not standard practice for one to be recorded for a
preliminary hearing. At this preliminary hearing there was a
stenographer, we all had to state our name for the record at the
beginning of the hearing. All other hearings and interviews had
transcripts produced including the hearing precluding the Oct 8th
hearing. Why would there not be a transcript for this hearing? Even
if it is a preliminary hearing? 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 BCSC is lying and
withholding the transcript, or the transcript was destroyed.
For arguments sake lets 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 Supreme Court as it is so fond of
informing us it has. The BCSCs mandate is to operate in a fair, just
and impartial manner yet its court proceedings are so far from
impartial and just that its a complete joke. I have copied a section
of the Commissions own policy on hearings. As 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 obliged to operate in a manner that is in
accordance with the procedures and rules of 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 etc 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.
- (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
Either the transcript was destroyed or
withheld or their never was one 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 BCSC is guilty of either
withholding/destroying evidence or a breach of the Canadian
Constitution either way the BCSC is compromised.
Peter Harris
Christopher Burke
Christopher Burke
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