The Gathering Storm
Sarah Eisen was a CSA lawyer, she was the one who launched CSA’s attack on us way back in 2012. By the start of 2017 however, Sarah Eisen had been walked out. It seems that five years of Eisen’s bungling was too much even for CSA. While her exit didn’t alter CSA’s war against us, it was a good start to what would become a very good year for us. It was also a sweet start, for it vindicated our published assessments of CSA’s legal acumen.
Then the sweet start got sweeter still. The CSA’s General Counsel, RJ Falconi, was “retired” on January 27th. As we pointed out at the time, a horse that can’t win races is “retired” to Purina. Putting aside the PR, Falconi was fired. The CSA’s puppet master, pulling the strings on so many dodgy dealings, was finally removed. And yes, the constant reporting on RestoreCSA, our half decade of exposing CSA conduct, all possible only because of Falconi’s litigations against us, was the driver for driving him out of the civil service. Once again, we were vindicated, and we were pleased.
In March, the Federal Court of Appeals issued their Ruling on CSA’s latest attempt to procedurally force us into bankruptcy. We won. More than that, the Ruling was a slap in the face to CSA and Gowlings, their legal counsel. Their side made a series of unforced errors and at one point acknowledged that their intention was to use the legal process to bankrupt us.
Three big victories in three months. The year was starting well.
In April, in an article in Roughneck magazine, we reported on CSA’s attempt to insert itself into Canada’s energy sector as a new regulatory layer. Later that month, another of our articles on private law in the energy sector ran in Propane Canada magazine. That was followed by our article in Energy Processing Canada on CSA’s regulatory plans for the energy sector. In that same month, we reported our 2016 filing of criminal proceedings against CSA leadership with Provincial Court in Ontario.
May 2017 was a big month for us. First, we reported on the amount of new material included in CSA’s new standards. It turns out that, on average, the CSA’s amendments to electrical law amount to just 2% of the text of that law. Yet they charge $180 to access that 2%, totalling $11MM from taxpayers every time they pull that trick. Bit of a racket, that.
Then we had our Provincial Court hearing on criminal filings against CSA. It was a gong show. The whole process was so surreal, featuring a judge with no legal training, making no preparation for Court, having no idea what the case was, and assuming that every defendant is guilty until their innocence is proven. Then the Judge Ruled that the bribing of public and elected officials is now legally permissible in Canada. The fact that the hearing was so over-the-top makes it harder for subsequent Courts to take such a Ruling seriously. And we surely committed to appealing it.
Next, we published a legal bombshell regarding the 2016 Manson verdict against us. Justice Manson wasn’t the impartial, objective arbiter that he claimed to be, and that he’s required at law to be, in the dispute between us and CSA. Rather, Justice Manson had a multi-decade commercial relationship with CSA, had presented at CSA’s conferences, had pitched for CSA in the media, had even been employed by CSA on their committees, he had used his influence to increase CSA powers over border control while his employer was running a counterfeiting operation across that border. It’s no small marvel then, that Manson Ruled in favour of his friends in 2016.
Naturally, our article on Manson was extensively researched -it has to be when making accusations of this severity. We contacted the Chief Justice of the Federal Court, Justice Paul Crampton, and furnished him with evidence of Manson’s activities. We asked him what corrective action he would take. His office reported that Justice Crampton intended to do nothing. And he did. Nothing.
In the summer, we heard from another group of whistleblowers. There’s quite a collection of them now. As usual, we collected their evidences, investigated their accusations, verified their stories where applicable, and reported them. The CSA wasn’t pleased.
In July we reported on CSA’s masturbation standard. Yes, you read that correctly. Sexual stimulation is now being regulated.
In the fall, we received several hundred pages of internal communications between Industry Canada officials. We dug deep within, and found a mass of muck.
The CSA and Industry Canada have been working together to expand each other’s regulatory powers. They’ve been coordinating on the manipulation of legislation in areas of home inspections, heating standards, and the like. And all of these activities increase their powers, expand their empires, and pad their wallets, and all at taxpayer expense.
Also buried in the Industry Canada documentation was a CSA admission to taking an astounding “$60-70MM” per year in influence payments. These are the monies given by companies to CSA in trade for influence over the law.
Parliament is growing concerned about CSA’s trajectory. We’re again working with MPs on restoring CSA as a public Agency in the public interest.
In 2013, when we launched RestoreCSA, we closed our History section with this quote;
“P.S. Knight Co. Ltd. is pushing federally for mandated reforms of the CSA organization to rectify the above noted difficulties. Simultaneously, we are fighting CSA’s harassment lawsuit on copyright issues. In the interim, we are still in business.”
That’s still true, and we’re still standing.
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