Categories
Judicial

A Golden Age?

I am making the following grievance public because I believe Canadians deserve to know how the youth of our nation are being taken advantage of (ageism).

For future reference, I define ‘youth of our nation’ as 20-something year-olds or younger.

The youth of our nation are being denied their right to reasonable enjoyment of property.

During the 43rd Federal Election (September – October, 2019), I rented the Golden Age Center located in Redvers. However, during the time I leased this property, the Committee responsible for renting it frustrated the agreement by continuing to enter the premise without any advanced notice.

Even though I paid the full price to rent the building, the Committee continued to enter the building as though no agreement was in place.

It is reasonable to suggest that at the price paid, I should be able to enjoy the use of the property without disturbance of my peace.

The Committee was aware that I am a political candidate participating in public affairs. No explanation was given at the time, nor have I received one about this incident from the Committee.

Based on the actions of the Committee, it made no difference that I paid a substantial amount to rent the building. They first quoted me a price, then when I agreed, went back to their Committee and quoted me a new, increased price. Once I had agreed to the newly quoted price (which was double), they continued to enter the building as if nothing had changed – even when I was inside the building and the door was locked.

The Golden Age Center is located at 11 Broadway Street in Redvers, Saskatchewan.

Pursuant the Frustrated Contracts Act of Saskatchewan, I am entitled to restitution for the Committee frustrating my tenancy of the Golden Age Center during the election period:

Apportionment of lost expenses
In determining the value of the expenses lost due to frustration or avoidance, the court shall consider the contract price.

– Section 6(1), Frustrated Contracts Act

This frustration of our tenancy during the election period must be remedied.

Landlord’s right to enter rental unit
A landlord must not enter a rental unit that is subject to a tenancy agreement for any purpose unless one of the following applies:

(a) the tenant gives permission at the time of the entry or not more than seven days before the entry;

(b) at least 24 hours and not more than seven days before the entry, the landlord gives the tenant written notice that includes the following information:

(i) the purpose for entering, which must be reasonable;
(ii) the date and the time of the entry;

  • Section 45, Residential Tenancies Act of Saskatchewan

A tenant is entitled to quiet enjoyment including, but not limited to, reasonable privacy, freedom from unreasonable disturbance, exclusive possession of the rental unit subject only to the landlord’s right to enter the rental unit in accordance with section 45, use of common areas for reasonable and lawful purposes, free from significant interference.

Therefore, it is appropriate that I be refunded the entire contract price of the tenancy agreement in response to the Landlord violating my right to quiet enjoyment of the property.

Categories
Policy

Memoriam Eorum Retinebimus

The Royal Canadian Legion is a public house subject to the right of candidates running in the ongoing 45th Federal Election to make reasonable use of the premises in order to promote Canadian nationalism:

Right of Candidates to Campaign in Public Places

No person who is in control of a building, any part of which is open without charge to members of the public, whether on a continuous, periodic or occasional basis – including any commercial, business, cultural, historic, educational, religious, governmental, entertainment or recreational place – may prevent a candidate from campaigning in that part when it is open without charge to members of the public.

– Section 81.1(1), Canada Elections Act

The purpose of the Royal Canadian Legion is to promote the ideology of Canadian nationalism.

RCL Branch #293 in Redvers is no exception to this rule. When the writ is in force, election candidates are entitled to make reasonable use of the space.

Provincial Public Works and Property to be Property of Canada
Custom Houses, Post Offices, and all other public buildings, except such as the Government of Canada sees appropriate for the use of the provincial legislatures and governments.”

– Third Schedule(8), British North America Act (1867)

The Canada Elections Act sets out the rights of candidates and their representatives to canvass and campaign in public places.

A person gains the rights of a candidate to canvass and campaign in certain locations under section 81 and 81.1 when their nomination is confirmed by the local returning officer.

After election day (April 28th), the rights pursuant the Canada Elections Act empowering candidates to the use of public places for campaigning expires. This is not to say that a political entity loses the right to use public property for campaign purposes, only that the provisions contained in the Canada Elections Act cease to apply after April 28th.

A person who claims to be in control of a public building must identify themselves if they are invoking an exception to deny candidates and their representatives the right to campaign there.

A wide variety of locations that are open free of charge to the public, even if privately owned, qualify as public places.

When deciding whether to invoke an exception to the right of access for canvassing or campaigning, the person in control of the premises should interpret the candidate’s right broadly in light of the democratic principles at stake and must treat all candidates equitably.

The person in control of a premises may be committing an offense if their decision to deny access is not based on an applicable exception.

Every person in control of premises who refuses to give access to a building open to the public when an exception does not apply is guilty of an offense.

Election Offenses requiring intent — summary conviction

Every person who contravenes subsection 81.1(1) (refusal to give access to place open to the public) is guilty of an offense.

– Section 486(2), Canada Elections Act

As it now stands, there exists no reason to exclude myself or members of the Canadian Nationalist Party from making use of Redvers Legion Branch #293 for electoral purposes. Neither does there exist reason to exclude us from any branch of the Royal Canadian Legion.

The reason many of these Legion branches are on the brink of insolvency is because they are managed by people who do not represent the values held dear by Canadians.

For the sake of our national heritage, it may be time for a changing of the guard at the Royal Canadian Legion …