remember if i pay a levy which was in effect a lisence to do private copying and you change the law such that i have to buy a blank cdr and pay that levy and then get fined and have a record of up to 5000$
section one of the charter of rights and freedoms states:
YOU need to look at the Oakes test....
The test is applied once the claimant has proven that one of the provisions of the Charter has been violated. The onus is on the Crown to pass the Oakes test.
you have one law BLANK MEDIA LEVY and then violate my right to privacy and security by adding a new one that penalizes me after in good faith i have paid already.
as the CRIA now music canada has asked for and received when it asked for increases ot said levy and not more....then one can argue that the fillowing needs to be proved in order that section one oakes test be passed.
There must be a pressing and substantial objective
The means must be proportional
The means must be rationally connected to the objective
There must be minimal impairment of rights
There must be proportionality between the infringement and objective.
you affectivly impair the following rights with this case.
Without a warrant they have passed private data to a court , thus say if i have downloaded music and placed onto blank cdrs paying said levy
one could argue such laws that contrary themselves are unfair and violate section seven fo the charter and the fundamental principals of justice.
and if you read section 7 you will see various "angles"
like Arbitrariness
It is a principle of fundamental justice that laws should not be arbitrary. (R. v. Malmo-Levine) That is, the state cannot limit an individual's rights where "it bears no relation to, or is inconsistent with, the objective that lies behind [it]"
in effect you dont make a copyright levy have every forced to pay it , and then stuff a 5000 dollar fine and the stress involved which is another violation of section seven
there is the right to security of the person, which consists of rights to privacy of the body and its health[9] and of the right protecting the "psychological integrity" of an individual. That is, the right protects against significant government-inflicted harm (stress) to the mental state of the individual.
thats my interpretation of it.
you've already got a media levy , you then add all this to things and add the stress and violations of privacy by a NON GOVERNMENT entity and you actually think all this is legal and some judge already let them enter the evidence?
its a joke. The major factor here while there may be other laws that aren't major that conflict they are not going to affect large sections of the populace.
someone has edited and removed portions of the wiki that showed a part that dealt with this specifically and i bet this is why so ill do the research with the actual charter and get back to you
but i'm positive you cant make laws that contradict each other especially on purpose it may happen now and then in minor bits but this is like double dipping and what not...
they already get levy money i'd make the challenge they should not get or be entitled to any more.
and then id go through the rings of what distribution of a record to s tore would cost and then once that is removed show in past they would be lucky to give about a dime per disk to an artist and they get 27 cents now per blank....
Then there is the aspects of violations of the strict privacy laws of Canada nad our fraud laws that entail how they obtained without out legal means to obtain data on these 50 people....only two ways to know one is using bittorrent , be in the swarm , or port scanning....
both ways your not law enforcement so committing the illegal act of sharing it out is in itself not legal and thus your breach of law in obtaining said data is also in and of itself should not have been admissible.
IN fact it is possible a judge can via those terrorist laws allow for say a police officer or RCMP or other law enforcement person(s) to breech law in the move to catch a criminal....
These guys aren't law enforcement ....
and i'd push hard on section of the charter that dont inviolate other rights like 2(b) 7, fundamental justice not being served....and then section 8: unreasonable search and seizure....
section 7 one might look also at the private copyblank media levy
then say
Overbreadth
The "Principles of Fundamental Justice" require that means used to achieve a societal purpose or objective must be reasonably necessary.
This principle is violated when the government, in pursuing a "legitimate objective", uses "means" that unnecessarily and disproportionately interfere with an individual's rights. they will make me pay the levy then fine me ....almost sounds like a charge for section 12 cruel and unusual punishment ....
take my money and then beat up in court and take WAYYYY more then you were before....
ya know that oakes test thingy....i pay 26.7 cents per blank cdr suddenly im liable for 5 grand after having paid that ....
not fair not just...
and someone has literally completely rewritten the wiki pages in less then a few months ....tons a missing data now....