Statement of Claim
Docket No: T-88-06
In the Federal court of Canada
Section 48 Federal Court Act
Section 3(b)(i) and (ii) of the Crown Liability and Proceedings Act
Between:
The Farmers (Individual Names Withheld Pending Consent)
Plaintiffs
-and-
The Attorney General of Canada
On behalf of
Her Majesty the Queen in Right of Canada
Minister of Justice for Canada
Minister Responsible for the Canadian Wheat Board
Minister Responsible for Canada Customs
Defendants
Statement of Claim
To the Defendants:
A legal proceeding has been commenced against you by the
Plaintiffs. The Claim made against you is set out in the following
pages.
If you wish to defend the proceedings you or a solicitor acting for you
are required to prepare a statement of defense in Form 17 B prescribed by
the Federal Court's Rules, serve it on the Plaintiff's solicitor or where
the Plaintiff does not have a solicitor, serve it on the plaintiff and
file it with proof of service, at a local office of this Court within 30
days after the Statement of claim is served on you, if you are served
within Canada.
If you are served in the United States of America, the period for
serving and filing your statement of defense is forty days. If you
are served outside Canada and the United States of American, the period
for serving and filing your Statement of defense is sixty days.
Copies of the Federal Court Rules, information concerning the local
offices of the Court and other necessary information may be obtained on
request to the Administrator of the Court as Ottawa (telephone
613-992-4218) 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: January 17, 2006
The Claim
The plaintiffs claim they were wrongly charged that in March of 1996
and on several occasions thereafter they did export wheat or barley to the
USA without a Canadian Wheat Board License thereby creating an alleged
offence under Section 160 of the Canada Customs Act.
The Plaintiffs further claim that in March of 1996 and on several occasions
thereafter that they were wrongly charged that they did export wheat or
barley to the USA and did fail to report in writing to the Chief Officer
of Canada Customs thereby creating an offence under Section 160 of the
Canada Customs Act.
The Plaintiffs claim that the potential penalties for the alleged
offences under section 160 of the Canada Customs Act are shown as
%50,000.00 for each incident for 6 months incarceration of both of the
Crown chose to proceed by way of a summary proceeding.
The Plaintiff's claim that the defendants caused the plaintiffs to be
subjected to criminal proceedings for a period exceeding ten years when
they knew from the beginning that the charges were unenforceable
fabrications of bogus charges that were not known to law and did cause the
Plaintiffs long term mental anguish, emotional pain, character defamation,
abusive stress and financial hardship to the family members, that included
the illegal seizure of money, grain trucks and personal property.
The Plaintiff Ralph Goodale, in his capacity as the minister
responsible for the Canadian Wheat Board knew full well that the
Plaintiffs were charged with offenses not known to law and did in May of
1996 obtain Royal Assent for an Order in Council that would serve to close
the loop hole in the law under which the Plaintiffs had been wrongly
charged.
The Plaintiffs claim possession of documents of a meeting held on the
23rd day of June 1997 at the Connaught Building in Ottawa attended by
several Wheat Board Officials and several Customs Officials that clearly
reveals the defendants and their officials knew full well that the
requirement to report in writing to the Chief Officer of Customs was not a
legal requirement and in accordance with the law.
The Plaintiffs further claim that Lorne Hehn in his capacity as Chief
Commissioner of the Canadian Wheat Board did publicly report in the
Western Producer on February 10, 1994, that the Canadian Wheat Board is
helpless to stop with industry sources say is an increasing number of
exports of wheat and barley into the USA and the Board can no longer
enforce a provision of the Canadian Wheat Board Act requiring exporters of
prairie grain to get a permit from the board. He stated further that
the Canadian Wheat Board does not have a vehicle to properly enforce that
law.
The Plaintiffs claim that the defendants devised an illegal strategy to
obtain the assistance of David Anderson in his capacity as Minister
responsible for the Canada Customs in an attempt to use the Customs
Officials to us In House Directives that did not have the force of law to
intimidate and abuse the rights of the Plaintiff.
The Plaintiffs claim that in spite of many substantial indicators
showing the defendants that they were acting unlawfully they did continue
to act with arrogance and with the aforethought thereby causing the
plaintiffs to suffer these unless prosecutions for excess of ten years.
The Plaintiffs further claim that the actions of the Defendants
constitute a violation of the very best of Democracy and the Rule of Law
and as such action constitute a massive abuse of power.
The Plaintiffs claim that on May 2nd of 2005 the Saskatchewan Court of
Appeal did order that the subject charges brought against the Plaintiffs
were to be quashed and did thereby terminate the prosecutions in favour of
the plaintiffs.
The Plaintiffs jointly claim that the decision of the Saskatchewan
Court of Appeal and the herein presented matters clearly show that the
subject prosecutions lasting over a period of ten years fall squarely
within the meaning of "malicious prosecutions".
The plaintiffs further claim the right to seek Summary Judgment of the
grounds there is no defence to this claim.
Relief Sought
Exemplary and Punitive Damages in the amount of $2,000,000.00 (two
million dollars) for each of the herein named plaintiffs.
Dated at the City of Regina, the 17th day of January, 2006.
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