court case

[sherman]

I wondered if TTRK or GS2 have heard any other info on a case in NB concerning a Networks Direct affililate? It was supposed to take place this month but I have forgotten the exact date. It is a civil case of allegedly selling illegal sat. equipment.

Will the Can-am sat.case in BC come in to play here or does something like this go by jurisdiction?

[To The Real King!!]

Hi Sherman,

Unfortunately I know of no other case in New Brunswick. If you know WHO it involves, I may be able to find out.

Any civil case could be influenced by the CanAm ruling porviding it pertains to the same exact issue. Thats unlikely, but possible.

CanAm itself IS a civil case but involving an Anton Piller order (sort of seizure before judgement) and it involves similar issues to other criminal charges against Canadians under the RC Act sections 9 and 10.

Remember that any ruling must be helpful TO THE COURT in what it is deciding on (not necessarily to the defendent or plaintiff) and if the court decides a particular ruling IS helpful then it may also help one of the parties.

Sometimes a losing ruling can be very helpful such as in the R v Dean Love decided by Mr. Justice Kennedy in Manitoba on Appeal. He found that a lower court was right in its decision of guilty but for THE WRONG reasons and cleared up several issues. For instance he found that the RC Act 9 and 10 was ONLY to protect lawful distributors in Canada and that ruling that it governed American Broadcasts (by the lower court) would take on the character of legislation designed to regulate what Canadians could watch. This it DID NOT and COULD NOT do.

So he ruled that it was open to conclude that where there is no LAWFUL DISTRIBUTOR in Canada, the (absolute) prohibition does not exist.

But Dean Love (Nation Wide Satellite Services at the time) was found guilty because it was decided that he was stealing some Canadian signals too. (a C-Band ruling on a moveable dish).

With DSS or DirecTv/USSB there exists no Canadian Distributor or Canadian signal to steal. These signals eminate in the USA and Canada has no authority to regulate them.

We would have to know much more about the suit before knowing if the CanAm ruling would be helpful to the court.

If you do find out, please let us know.

Thanks,

To the REAL King!!
------------------
Freedom has nothing to fear from the truth!
http://www.legal-rights.org/pulsar.gif VOTE REFORM!! http://www.legal-rights.org/pulsar.gif
http://www.legal-rights.org/lrbanner.gif
http://www.legal-rights.org
Now open with lots of useful resources at your disposal!



[This message has been edited by To The Real King!! (edited February 22, 2000).]