[GTALUG] [OT] Phishing is no mirage...

[Russell Reiter]

On Wed, Dec 18, 2019 at 4:51 PM D. Hugh Redelmeier via talk <talk at gtalug.org>
wrote:

> | From: Russell Reiter via talk <talk at gtalug.org>
>
> | 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

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--
Russell

>
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