This whole discussion is getting way into the weeds.
The point I was originally trying to make was about the crappy job the
corporations we need to depend on are doing in keeping our information
secure.
On 12/18/19 9:24 PM, Russell Reiter via talk wrote:
On Wed, Dec 18, 2019 at 4:51 PM D. Hugh Redelmeier via talk
<[email protected] <mailto:[email protected]>> wrote:
| From: Russell Reiter via talk <[email protected]
<mailto:[email protected]>>
| I agree that many newcomers face significant barriers through a
lack of
| understanding of Canada's system of administrative law and the
policies
| which underpin it. However, as much we would like to believe law
concerns
| itself with vulnerable folks, that is not quite correct
Do you mean "administrative law"? That too is a technical term. It
refers to "the body of law that governs the activities of
administrative agencies of government."
<https://en.wikipedia.org/wiki/Administrative_law>
Technically speaking, every term used in English communications is a
technical term. In fact English is dubbed the language of the
technocrats by some others. What I was attempting to address was the
concept of victim blaming, as the issue was raised in a couple of posts.
There are two basic branches of Law, Public and Private. Newcomers
first contact with Canada is usually through an administrative agency
which vetted their candidate application. Then they become landed and
are expected to be able to function within the norms of Canadian law,
both public and private, even as while they familiarize themselves
with living under the Canadian system of established social norms.
In this system, ignorance of the law is not a defence to an outright
breach of the law, however can be a mitigating factor in determining
cause and effect, when it is necessary for a decider to make a
determination of remedy for a breach of the law, as that law may be
administrated under a Tribunal cluster regime dealing with social and
other public justice issues.
Ideally the Tribunal system allows for individual regions to set the
tone of remedy for equitable breaches which are not criminal but have
significant detrimental social (not necessarily financial) effect if
unchecked. Tribunals and boards are touted as informal resolution
services. This is supposed to spare the parties and the State the
burden of the very high costs of court time in settlement. Not to say
that Tribunals don't have significant cost in their own right, but
they are much less than formal court proceedings.
Private law deals with formal financial remedies for unlawful breaches
of mutually agreed upon contract terms under privity of contract.
The CRTC is one established administrative authority of government and
actually does govern cellular communications licensing as a trust issue.
I'd like to be clear on this, although it's only my personal opinion,
any monies collected in advance and held by a business owner
establishes a formal trust. Certain things have come to pass due to
the practices of phone services bundling hardware provision with
service provision.
In the land-line days, prior to WiFi mobile cellular, the courts
forced phone companies to allow consumers to actually be able to
purchase their own home phones and even to hook them up inside their
homes themselves, as opposed to only renting them from the services
provider and having only the providers technicians inspect and repair
them.
More recently cellular companies were forced to allow carrier
unlocking. This is why the CRTC now want's consumer input on moving
forward with establishing effective future regulations. Even on this
list the right to repair is a topical issue, so administrative law is
always a factor, whether it is immediately obvious or not.
From the CRTC webpage ...
"What is the CRTC?
The Canadian Radio-television and Telecommunications Commission (CRTC)
was created by the Parliament of Canada to regulate and supervise
broadcasting and telecommunications in Canada. This includes the
radio, television, cell phone, and Internet services that you and
other Canadians rely on every day. With headquarters in the National
Capital Region, the CRTC reports to Parliament through the Minister of
Canadian Heritage."
https://crtc.gc.ca/eng/acrtc/acrtc.htm
I happened to read this today:
<https://www.theglobeandmail.c
<https://www.theglobeandmail.com/canada/article-supreme-court-ruling-could-quell-chaos-surrounding-administrative-law/>>
I think that you were talking about law in general. Administrative
law only matters when you want to challenge government administrative
decisions.
Interesting. Here is an article on the debate relating to standards of
Judicial review of legal decisions made by both administrative
Tribunals and the Courts of Justice.
https://ablawg.ca/2018/07/23/the-great-divide-on-standard-of-review-in-canadian-administrative-law/
In Ontario some of the other administrative Tribunal bodies include
the Ontario Human Rights Tribunal and the Landlord Tenant Board. Both
of these administrative agencies and many others were recently
clustered under a new umbrella name as Tribunals Ontario,
A great deal of Canadians day to day business is dealt with by
administrative Tribunals, but I don't think even the Supreme Court
couldn't help you with a remedy, if you were expected to understand
it's not wise to share your personal SIN under certain circumstances
and you did so anyway.
The problems newcomers face such as language and financial barriers
are somewhat alleviated by the creation of Non Government
Organizations as settlement agencies. But the demand on training and
information services is high, the costs of service delivery are rising
and there is a significant shortage of funding to be able to engage
enough skilled individuals to act in counselling, training and
educational roles.
I always think back to the writers A & H Toffler and their original
work Future Shock when I sense that language use is changing too
rapidly for me to fully grasp the subtle and contextual nuances of
that changing language as it is used in communications, legal or other.
https://en.wikipedia.org/wiki/Future_Shock
---
Post to this mailing list [email protected] <mailto:[email protected]>
Unsubscribe from this mailing list
https://gtalug.org/mailman/listinfo/talk
--
Russell
---
Post to this mailing list [email protected]
Unsubscribe from this mailing list https://gtalug.org/mailman/listinfo/talk
--
Alvin Starr || land: (647)478-6285
Netvel Inc. || Cell: (416)806-0133
[email protected] ||
---
Post to this mailing list [email protected]
Unsubscribe from this mailing list https://gtalug.org/mailman/listinfo/talk
