Section 347 of the Criminal Code


Change the 407Act!  Please sign & share the petition  http://www.change.org/petitions/premier-kathlynn-wynne-glen-murray-tracy-maccharles-change-the-407act

The below links deal with this section of the Criminal Code. Without getting into great detail, there is very legitimate concerns surrounding how the 407 ETR conducts itself in the Province of Ontario.

http://laws-lois.justice.gc.ca/eng/acts/C-46/

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-229.html#h-98

http://www2.parl.gc.ca/Sites/LOP/LegislativeSummaries/bills_ls.asp?lang=E&ls=c26&source=library_prb&Parl=39&Ses=1

Comentary on Bill C-26 is interesting. Note this, “The recent growth of the payday loan industry has focused attention on the industry and its practice of charging relatively high rates of interest.(7) Critics have called for the prosecution of payday lenders under the existing Criminal Code provisions, even if such action reduces the profitability of the industry or results in its abolition.

Proponents of the industry point to the growth of payday loan companies as evidence that the industry is fulfilling an otherwise unmet need for short-term credit and/or convenience. Proponents have argued that instead of an outright ban on payday loans, the federal government should allow provinces to regulate the industry in the interests of restricting some of the more abusive industry practices, such as insufficient disclosure of contractual terms, aggressive and unfair debt collection practices, and the “rolling over” of loans. The payday loan industry itself has proposed self-regulation as a means of addressing some of the concerns associated with lending practices.(8)”

We have to be on the watch for this. The 407 ETR has been trying to show that they are growing and so ther fore are fulfilling a need, but the truth of the matter is that they are not. Highway 407 is a huge failure for servicing the need it was created for.  Also, they are pushing an envelope and setting a very dangerous precedent in our society.  We have a responsibility to protect and push them back.

There is sufficent evidence available to say, like payday loan companies, the 407 ETR’s contractual terms are muddied.  Furthermore, the concessions contract with the Province has allowed an unbalanced amount of power.  The 407 ETR allows interest to accumulate indefinately, without ever trying to collect because the government is collecting for them. We live in a society that has embraced the Statute of Limitations, especially in civil disputes over money, but somehow the 407 ETR feels that they are special and do not have to abide by these rules.  They are not billing their customers correctly, they try to collect on bankrupcies and say they have “special status” and so are exempt.

Serious issues exist with the relationship between the 407 ETR & the Province.  We have the right to address it and have our government take our concerns into consideration, especially because they are violating our Charter of Rights and Freedoms by having us in plate denial without proof of lawful charges against us.

1) What the 407 ETR says constitues a contract is muddied and needs tweeking if they want to continue having unmanned tolls. If they do not fix this, we have the right to demand that they place manned toll both at all the exits and entrance ways.

2) The question under the Criminal Code for Extortion is weather or not this company is being unjustly enriched or are they entitled to restitution. Mitigating factors are currently being ignored by both the 407 ETR & the Province of Ontario. We have the right to speak up and cry foul and have this corrected immediately.

3) The 407 Act is ultra vires in that it contradicts many laws already established to govern business and needs to be amended to conform. We have the right to tell our government to fix it. After all they created this mess. It’s their job to fix it.

4) Last but not least, there are provisions for the Concessions Agreement to be changed.  It’s about time that the government does it.  We have the right to speak up and hold them accountable for that.

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2 Responses to “Section 347 of the Criminal Code”

  1. P Sercombe says:

    It makes me feel that I am living in a Province where we have no say over how we are treated by big greedy businesses. How can people who need a car to be able to work but can’t get a licence plate because some company says you owe them money but will not show any proof of what you owe them for, especially when you never had a car registered in your name. Talk about dictatorship.

  2. robert says:

    contact you local mPP threaten to leave your party and vote for someone else if 407 not fixed by the new government

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