Friday, October 15, 2010

Priority of the Fedeal Reserve M4 dream to succeed here

Leave to appeal amended
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And further take notice that the Court of Appeal will be moved at the hearing of this application for an order that:

[1] Under Court of Appeal Rule 4, this leave to appeal is amended and seeks these orders.

[2] Seek an Order to reverse Justice Cole’s decision that the Court had no jurisdiction to make a decision. When it warrants it, the Court can disregard British Columbia’s Constitutional Question Act; and therefore, the Court did have the jurisdiction to strike down Bill 42 section’s 198(1)a & 199(1)a. A Justice has no discretion to deviate from Federal law, and must strictly adhere to Charter Section 33’s court rules approach on a notwithstanding provision.

[3] Seek an order that Bill 42 impugned provisions must be registered under Section 33 of the Charter. This is the first question that the Court should be asking when the Province removed all doubt, and went on record that these provisions do infringe on Charter Section 2b.

[4] Seek an order to have certain topics be excluded from the political advertising definition: the budget deficit and the BC Rail tax indemnity. The Appeal Court has been asked by the Province to validate the election advertising definition and permit the censoring of every topic. It’s very complex to support this complex law. The Court cannot even consider censoring every issue, unless specifics have an opportunity to be raised.

[5] Seek an Order that some of the intervener’s arguments should have been considered, as the discretion to ignore the intervener is based on case law whose subject matter does not define the nature of Democracy.

[6] Seek an Order to reverse Justice Cole’s Charter Section 3 finding. By definition, striking down an election law must mean it violates Section 3. Its’ not logical to find that Section 3 of the Charter information component is kosher with Bill 42, yet it violates the Charter and cannot stand?! There is no discretion to slice this both ways.

[7] Seek a cost order that the plaintiff will not owe any funds to pay for the defendant’s costs, based on BC Court Rules pubic interest doctrine, appendix b, party and party costs 3b.

[8] Seek a cost order that on a successful appeal that the plaintiff’s legal costs are to be reimbursed by the Province. This appeal has a strong pubic interest, and is essential to the administration of law.

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