Note from Connie... The full statement of Claim is 26 pages long. The following are the first 9 pages which set out the claim and the identities of the parties.The next 17 pages set out the facts. In my broadcast system I cannot send an attachment in order to send you the whole pleading right away.. I need someone who is able to host the whole pleading on a website and send to me an easily retrievable link that I can easily send out. Please contact me at firstname.lastname@example.org if you can help. I think this process may be in the works already, but the more places this is hosted , the better.
Court File No.:T-2010-11
B E T W E E N:
COMMITTEE FOR MONETARY AND ECONOMIC REFORM (“COMER”), WILLIAM KREHM, AND ANN EMMETT
- and -
HER MAJESTY THE QUEEN, THE MINISTER OF FINANCE,
THE MINISTER OF NATIONAL REVENUE, THE BANK OF CANADA,
THE ATTORNEY GENERAL OF CANADA
STATEMENT OF CLAIM
(Pursuant to s.17 (1) and (5)(b) Federal Courts Act,
and s.24(1) and 52 of the Constitution Act, 1982)
(Filed this 12th day of December, 2011)
TO THE DEFENDANT:
A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Applicant. The claim made against you is set out in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING, you or a solicitor acting for you are required to prepare a statement of defence in Form 171B prescribed by the Federal Courts Rules, serve it on the applicant’s solicitor or, where the applicant does not have a solicitor, serve it on the applicant, and file it, with proof of service, at a local office of this Court, WITHIN 30 DAYS after this statement of claim is served on you, if you are served within Canada.
Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.
IF YOU FAIL TO DEFEND THIS PROCEEDING, judgment may be given against you in your absence and without further notice to you.
Date: December 12th, 2011 Issued by:
Address of local office:
Federal Court of Canada
180 Queen Street West, Suite 200
Toronto, Ontario M5V 3L6
TO: Department of Justice
Ontario Regional Office
First Canadian Place
The Exchange Tower
130 King Street West
Suite 3400, Box 36
AND TO: Bank of Canada
234 Wellington St.
A/ have abdicated their statutory and constitutional duties with respect to ss. 18(i) and (j) of the Bank of Canada Act which subsections read:
18. The Bank may
(i) make loans or advances for periods not exceeding six months to the Government of Canada or the government of a province on taking security in readily marketable securities issued or guaranteed by Canada or any province;
(j) make loans to the Government of Canada or the government of any province, but such loans outstanding at any one time shall not, in the case of the Government of Canada, exceed one-third of the estimated revenue of the Government of Canada for its fiscal year, and shall not, in the case of a provincial government, exceed one-fourth of that government's estimated revenue for its fiscal year, and such loans shall be repaid before the end of the first quarter after the end of the fiscal year of the government that has contracted the loan;
B/ and further that the refusal to request and make (interest free) loans under s. 18(i) and (j) of the Bank of Canada Act has resulted in negative and destructive impact on Canadians by the disintegration of Canada’s economy, its financial institutions, increase in public debt, decrease in social services, as well as a widening gap between rich and poor with an continuing disappearance of the middle class;
(m) open accounts in a central bank in any other country or in the Bank for International Settlements, accept deposits from central banks in other countries, the Bank for International Settlements, the International Monetary Fund, the International Bank for Reconstruction and Development and any other official international financial organization, act as agent or mandatary, or depository or correspondent for any of those banks or organizations, and pay interest on any of those deposits;
has unconstitutionally abdicated its duty and function as mandated by ss. 91 (1a), (3), (14), (15), (16), (18), (19) and (20) of the Constitution Act, 1867, as well as s. 36 of the Constitution Act, 1982;
A/ does not apply to the seeking of “judicial review”, by way of action or otherwise, of declaratory relief with respect to any statutory or constitutional ultra vires action and/or section of the Act, by way of declaratory relief, or any other prerogative remedy, available to hear and determine the statutory and/or constitutional limits or actions under the Act, in accordance with, inter alia, in Supreme Court of Canada’s pronouncement in Dunsmuir v. New Brunswick  1 SCR 190, nor does it apply to seeking damages for ultra vires or unconstitutional damages:and
B/ if s.30.1 of the Bank of Canada Act is interpreted to so apply as a privative clause, then it is unconstitutional and of no force and effect for breaching the Plaintiffs’ constitutional right to judicial review, as well as breaching the underlying constitutional imperatives of Rule of Law, Constitutionalism, and Federalism;
which damages are on account of:
martedì 20 dicembre 2011
Lawsuit against the Bank of Canada