Example Exposing Fake Article

This is the perfect example of an individual attempting to publish a fabricated article and how easily people like this are exposed. http://www.thecumberlander.ca/show2041a45s/Why_Is_Alan_de_Jersey_Embarrassed
How can he believe no one noticed he proved my point?
Information IS power.

The videos posted at Union Bay Improvement News http://www.youtube.com/user/UnionBayImprovement/videos are to provide information to the public regarding the process and decisions being made on your behalf by those who promised to represent YOUR interests.

I previously provided your government with copies of the videos, but in keeping with their policies - information is not shared.
It is impossible for people to attend all the meetings, and the miniscule information provided in the minutes and the Landowners Update are inadequate.

In keeping with my beliefs - I want all of us to know what's going on. Only videos regarding The Union Bay Improvement District will be posted. More videos will be added to keep information current.

YOU GET THE GOVERNMENT YOU DESERVE

More at: http://allthingsunionbay.blogspot.ca/

Misappropriation

In
law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets (a fiduciary duty). It is a felony, a crime punishable by a prison sentence.
From 2007 Mail Outs Titled "Fairness In Our Community", and posted on old blog. Still believe it to be true.
Again, if anyone thinks I’ve got my facts wrong. maryreynoldsis@hotmail.com more at http://allthingsunionbay.blogspot.com/ By the way, I’m not auditioning to become a friend etc., so I’m not interested in comments regarding my presentation, style, bluntness, politeness blah blah - get it? This is not personal – it is business – I don’t care if one of your relatives or friends or neighbors is an elected official. They are accountable – like it or not. It doesn’t matter what level of government – they are elected.

Union Bay Residents' Association - A Front For KIP

Union Bay Residents' Association - A Front For KIP
Union Bay Residents' Association - Created to Promote KIP

PROTECT OUR WATER SOURCE.
STOP THE FORCED TRANSFER OF UNION BAY`S WATER LICENCE.

REGARDING KENSINGTON ISLAND PROPERTIES: THE WORDS I USE REGARDING KIP AS A DEVELOPER ARE AN EXPRESSION OF MY OPINION AS A RESIDENT OF UNION BAY, BC., AND MY CONCERNS THIS DEVELOPMENT POSES TO OUR COMMUNITY.

Tuesday, February 1, 2011

IMPORTANT INFO FROM LAW FIRM

The lawfirm of Staples McDannold Stewart   provides valuable information on their website.
http://www.sms.bc.ca/thefirm/thefirm.html

The following are excerpts from:
A Handbook for Municipal Councils
Under the Community Charter
and the Local Government Act

November 2008

Your Legacy
Just remember this: you are elected to govern in the interests of the entire community, not to further your personal interests.  Surely you want the community to remember you for what you contributed to it and not for what you took out of it.

 
Unlawful Actions

Legal Limits
A municipal council must know its legal limits before taking certain actions, for example, spending money on municipal services and other matters; enacting bylaws and passing resolutions to govern the conduct of its citizens; imposing taxes, fees and charges; disposing of its assets; and controlling property rights.


Typically, municipal officers have a good general knowledge of the limits on general powers and of the specific areas that they work in. Where there is any doubt, the municipal solicitor should be consulted for advice. This is also true for activities that are novel, complex or contentious or where council is averse to risk. 


Consequences of Illegal Acts
The consequences of a council taking any ultra vires (Latin for "beyond the law") action without having the necessary power to do so are serious. Such actions expose the municipality to litigation that can be very costly and often unnecessary. The Courts can declare bylaws invalid and award financial damages to persons who have incurred them because of unlawful actions by Council.


The costs can add up: in addition to paying damages, there are court costs and the fees of opposing counsel as well as the municipality’s own. There is also the administrative downtime to be considered. Of course, all of this falls on the taxpayers so the effects can be political, as well. 


In some cases an illegal act by a Council can result in a lawsuit against its individual members. For example, section 191 of the Community Charter states that a council member who votes for a bylaw or resolution authorizing the expenditure, investment or other use of money contrary to that Act is personally liable to the municipality for the amount, unless the council member relied on information supplied by a municipal officer or employee who was guilty of dishonesty, gross negligence or malicious or willful misconduct in that regard. The money may be recovered for the municipality from the council member, who will also be disqualified from holding office. 


..............................................................................................................
Note: I have inserted section 191 of the Community Charter for your information.


..................................................................................................................................................................


Legislative Origins of Local Government
Creation
Local government has no original legal capacity, i.e. no power to self-incorporate, but is a "creature of legislation". Municipal corporations are created by the provincial government, by a formal Act of the Legislature or by Letters Patent issued by the Lieutenant Governor in Council (the Cabinet).  


A local government in British Columbia is more often incorporated by the issuance of Letters Patent. These establish the boundaries, the size of the Council and a number of start up matters, such as the timing of the first election. Some incorporation occurs by an Act, e.g. Resort Municipality of Whistler.  


Forms of Local Government
In B.C., local government takes the form of cities, towns, villages, districts, regional districts and improvement districts. Separate Acts govern other forms of local government, such as school boards and greater water and sewer boards. Section 17(1) of the Local Government Act
classifies municipalities as follows:


  17  (1) A municipality must be incorporated as follows:
        (a)   as a village, if the population is not greater than 2 500;
       (b)   as a town, if the population is greater than 2 500 but not greater than 5 000;
      (c)  as a city, if the population is greater than 5 000;
      (d)   despite paragraphs (a) to (c), as a district municipality if the area to be incorporated is greater than 800 hectares and has an average population density of less than 5 persons per hectare. 


Powers
While local governments do have legislative powers, i.e. the ability to pass bylaws, those powers are limited to the powers granted by the Legislature by way of statutes, such as the Community Charter, and other forms of legislation, such as orders in council. 


Local governments now have “natural person” powers and some of the powers that corporations have generally, but of course, natural persons and ordinary corporations do not have legislative, taxation or regulatory powers. The provincial government must specifically grant these powers
to local government. 




Governing Legislation 
 
The Community Charter

The Community Charter came into force on January 1, 2004 and replaced the Local Government Act, in respect of the establishment of the purposes, powers and governance of municipalities.   

There is a misconception that the Community Charter sets no limits on municipal powers and hat anything goes. Not so! There are many limitations in the Charter and the so-called “broad powers” have yet to be tested in the courts. Even the “natural person” powers, as applied in
other provinces, are still relatively new and untested. In the taxi case out of Alberta, the Alberta court used the old rule of interpretation that a power has to be expressly granted, but the Supreme Court of Canada overturned this in favour of the “broad powers” approach.


The Local Government Act
The Local Government Act continues to govern the incorporation procedures of local governments, amalgamations and boundary changes. It also governs the incorporation of and the purposes, powers and governance of regional districts and improvement districts. It continues to contain the procedures for local government elections, including referenda, as well
as the powers and procedures for community development (planning and zoning). 


Other Enactments
Be aware that there are many other provincial statutes and numerous regulations affecting local government, for example:
Financial Disclosure Act
Freedom of Information and Protection of Privacy Act
Motor Vehicle Act
Environmental Management Act
Fire Services Act
Health Act
etc