It's Illegal For The Government To Enforce Laws That Aren't Publicly Disclosed ...

CDNBear

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Sep 24, 2006
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... good post ...

... but if the law is so bloody important in canada -- and it is, violating the law can cost you your job, your family, all your money, your house -- then shouldn't there be better disclosure of all the laws and how important they are? if the law is so important to the government then why isn't it taught in school?
Secondary School Mock Trials Tournament

Ontario High Schools have had a law class, since I graduated years ago.

... could there be a motive for the government keeping the rules semi-secret?
You're right, it's a big conspiracy. You and the rest of the "Chicken littles" like cannuck should run for the hills.

Let me know if you ever wish to answer the question.
Let us all know when you can nut up and just apologize for YOUR error.
 

wizard

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Nov 18, 2011
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Every law, in order to be in effect, must be published in The Royal Gazette.

That's called 'disclosure'. You did know that, right? It's one of the fundamental parts of our system.
... pretty limited disclosure. proper disclosure of law changes and new laws would include mailouts to every home and business, television ads, radio ads, newspaper ads and ... telling the young people about this little thing called the law when they're in grade school ...
 

Kreskin

Doctor of Thinkology
Feb 23, 2006
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If ignorance of the law was an excuse everyone would stay ignorant of the laws and use that as an excuse.
 

CDNBear

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Sep 24, 2006
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... pretty limited disclosure. proper disclosure of law changes and new laws would include mailouts to every home and business, television ads, radio ads, newspaper ads and ... telling the young people about this little thing called the law when they're in grade school ...


Done.

In Ontario, when they brought in new Highway Traffic Act laws regarding cell phones, there were radio, TV and print ads.

Not that the law needed to be legislated.

OK, I understand what you wrote. Your turn.
Then there should be an apology to Ten Penny in your post.

If you were man enough that is.
 

Goober

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Jan 23, 2009
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... pretty limited disclosure. proper disclosure of law changes and new laws would include mailouts to every home and business, television ads, radio ads, newspaper ads and ... telling the young people about this little thing called the law when they're in grade school ...

Do you have any idea of the volumes that would have to be sent out. Better yet do you have any sound ideas?
 

wulfie68

Council Member
Mar 29, 2009
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How many Canadians would actually do that? Despite the criticism of Wizard, he/she does raise a valid point. People can be fined or jailed because of what is written in the occupational health and safety laws and most people have no idea what is written in there. It's easy to say that the information is available and people should read it. They simply don't and it is a combination of two things. They are not capable of reading it or understanding it and they do not have the time because they are too busy living their lives. Our legal system is too complex for the average person and the system does not take that into account sometimes.

Seriously, anyone who works and DOESN'T look over their provincial OH&S Act IS an idiot: its what tells you the obligations, responsibilities and (legal)protections you and your employer (or possibly your employees) have. I have read Alberta's on several occasions and its really a pretty straightforward document. Its very much like learning the bare bones of the highway traffic act to get your driver's licence.

I do know the axiom 'ignorance of the law is not a defense' but realistically if an average person were to read to the point of comprehension every law and statute in the CCC and all the various acts both federal and provincial it would take a lifetime. Even lawyers specialize in certain fields because these 'professionals' cannot possibly know all there is to know. Bring into the equation that most laws , especially in the Acts, are written in complex legalese and sometimes take a team of high-priced lawyers to decipher. This leaves us in quite a conundrum whereby we are to be bound by laws that we do not know and most of the time cannot understand completely. Just try to read and understand the Land Title Act or even worse the Income Tax Act.

I would say the OP has a reasonable question as to the validity of a lot of the justice system given the complexity of the language it uses and the shear volume of laws. The government and justice system have to know there is no possible way for us not to be ignorant of a huge portion of the rules we are supposed to follow which is why the 'ignorance is not a defense' clause is in place.


You're referring to "the average person" and then you talk about the specialization required in some areas of the law, while ignoring the fact that "the average person" isn't going to come anywhere near many of the more obscure statutes that require the specialization. I'll admit that I haven't read the Land Title Act or the Income Tax Act but I am aware that some aspects of my life intersect these documents and thus I DO hire/consult professionals to ensure I am acting within them. On the other hand, I'm not worried about laws governing extradition of wanted persons from other countries, laws dealing with foreign trade, etc. as they have no direct bearing on my life.

Yes, our system of laws is huge and complex, but it has to be to cover various realms of activities performed by persons, corporations or other organizations within the country.
 

Cannuck

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Feb 2, 2006
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If ignorance of the law was an excuse everyone would stay ignorant of the laws and use that as an excuse.
Maybe the courts could just look at intent and what is reasonable. I seriously doubt anybody could argue that they had no idea that murder was illegal. I know a guy that is in some hot water with revenue Canada because of capital gains tax he owes on the only house he owned. Most of the population believes you don`t pay CGT if you only own one house.
 

Goober

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Jan 23, 2009
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This individual has been listening to groups like the Tea Party for too long. As someone
said, the government makes the laws the police find those who break the law and the
judiciary then interprets and administers the law. The only exception is the BC .05% law
where the police can do what ever the hell they like. Well that too may change because
parts of it are being stuck down by a judge who deems it goes too far.
For heaven sake, the law is the law and everyone knows, you can't go around killing
people, or committing fraud or a host of other crimes. They have been enforcing the law
for nearly a hundred and fifty years and if you don't know the law I suggest you go to a
library or get on the Internet and find out what they are. Everyone but you knows about
them what does that suggest?

DG - I strongly disagree. He needs a stronger tinfoil hat.
 

wizard

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Nov 18, 2011
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... another example of the canadian government falling flat on its face is regarding the filing of income tax returns ...

... the law states that you have to file an income tax return EVERY year once you start working. EVERY SINGLE YEAR! and if you don't file you can be severely penalized for it. yet this very important law is NEVER disclosed by the canadian government to anyone. if ever there was a law that should be at the very least MENTIONED in school, it's the law that compels people to file tax returns ...

... how lame is that?
 

Goober

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Jan 23, 2009
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Maybe the courts could just look at intent and what is reasonable. I seriously doubt anybody could argue that they had no idea that murder was illegal. I know a guy that is in some hot water with revenue Canada because of capital gains tax he owes on the only house he owned. Most of the population believes you don`t pay CGT if you only own one house.

You do not as far as I know.

... another example of the canadian government falling flat on its face is regarding the filing of income tax returns ...

... the law states that you have to file an income tax return EVERY year once you start working. EVERY SINGLE YEAR! and if you don't file you can be severely penalized for it. yet this very important law is NEVER disclosed by the canadian government to anyone. if ever there was a law that should be at the very least MENTIONED in school, it's the law that compels people to file tax returns ...

... how lame is that?

What problems have you and you whole family had with the law.Open a blog and place it all there and I am sure we will all read the volumes of evidence you have.
 

CDNBear

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Sep 24, 2006
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Ontario
... another example of the canadian government falling flat on its face is regarding the filing of income tax returns ...

... the law states that you have to file an income tax return EVERY year once you start working. EVERY SINGLE YEAR! and if you don't file you can be severely penalized for it. yet this very important law is NEVER disclosed by the canadian government to anyone. if ever there was a law that should be at the very least MENTIONED in school, it's the law that compels people to file tax returns ...

... how lame is that?
Canada Income Tax Filing Deadlines & Dates | Liberty Tax Canada

Enjoy.

 

wizard

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Nov 18, 2011
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What problems have you and you whole family had with the law.Open a blog and place it all there and I am sure we will all read the volumes of evidence you have.
... there you go again, fishing for private personal information from another poster ...

... try to stay on topic ...
 

Cannuck

Time Out
Feb 2, 2006
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Seriously, anyone who works and DOESN'T look over their provincial OH&S Act IS an idiot: its what tells you the obligations, responsibilities and (legal)protections you and your employer (or possibly your employees) have. I have read Alberta's on several occasions and its really a pretty straightforward document. Its very much like learning the bare bones of the highway traffic act to get your driver's licence.

Actually, it`s not. I read sections of it almost every week. Trying to explain to people the difference between a restricted space and a confined space is an ongoing battle. Many of the sections refer you to other things...and lets not even get into MSDS which is a one size fits all approach to safety.
 

Goober

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Jan 23, 2009
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Maybe the courts could just look at intent and what is reasonable. I seriously doubt anybody could argue that they had no idea that murder was illegal. I know a guy that is in some hot water with revenue Canada because of capital gains tax he owes on the only house he owned. Most of the population believes you don`t pay CGT if you only own one house.

There are a number of other crimes that are not as simple as murder. Some people still fight paying tax's based upon BS arguments.

Or the one where you donate 10 k and get 100 K donation receipt. Clearly illegal but people go for it

Or the Nigerian you have won 10 tons on money and all i need is xxxx K