Mark Twain once had occasion to report that “news of [his] death [had] been greatly exaggerated.”
History has repeated itself in an internet message that the COMER lawsuit “had reached its end.”
Far from it!
Decision of Federal Court, February 8, 2016
On February 8, 2016, Justice Russell of the Federal Court, after having his decision of April 24, 2014, upheld by the Federal Court of Appeal on January 26, 2015, made a decision on the government’s second motion to strike after COMER filed its amended statement of claim on March 26, 2015.
In the latest decision of February 8, 2016, Justice Russell, in law, inexplicably reversed himself from the earlier decision. In his earlier decision he had refused to strike large portions of the claim, most notably the facts going to the declaratory relief sought as to the Bank of Canada and the constitutional issues.
He further blatantly erred in deciding that Declaratory relief cannot be sought as stand-alone relief, in the absence of a cause of action, which is contrary to Supreme Court of Canada jurisprudence which was cited and read to the Court.
Moreover, because the Federal Court of Appeal had upheld his decision of April 24, 2014, in reversing his earlier decision, he effectively overturned the Federal court of Appeal’s decision upholding his earlier decision, which is contrary to law.
On March 3, 2016, COMER filed an appeal, to the Federal Court of Appeal, from the decision of Justice Russell, dated February 8, 2016.
If redress is not had at the Federal Court of Appeal, COMER is committed to then taking the case to the Supreme Court of Canada.
Our Comment
So? The only way we could lose now would be to quit. (Unthinkable!)
Already this action has created a level of awareness and stirred an interest in monetary reform that we couldn’t have imagined 20 years ago! It has put us in touch with people across Canada and around the world who are of like mind – in a growing global movement for democratic and political change.
Should we ultimately lose the case, we shall have demonstrated that the courts cannot, as things are, deliver the change we seek. That would be an historic and an invaluable lesson on which to base a valid and effective alternative strategy.
We have a lot going for us!
Alas, each time at bat, empties the treasury. To donate, send a cheque made out to COMER and designated “Lawsuit Fund” to COMER c/o Ann Emmett, 83 Oakwood Avenue, Toronto, ON M6H 2V9.
Several reasons we can’t quit:
“I can think of no greater cause to support. This is about the survival of our country.”
“I am so grateful you are doing this. I hope people…realize how we are losing $160 million per day in interest paid to private bankers, instead of borrowing from the Bank we all own!!!”
“I am a Bangladeshi citizen and currently I am studying in Canada. I saw an interview of Mr. Rocco Galati on YouTube and I decided to help him and his great cause. He is fighting for the Truth, Justice, and Democracy and I always want to be on the side of truth and justice.”
“Keep up the great work; this is the financial ‘revolution’ we need!”
“Please keep up this very worthy struggle.”
“If you can imagine our government not having to pay interest to use our own money for the good of the nation then donate to this cause.”
“A small $10 donation to this lawsuit by COMER is a big investment in your future and the future of Canada. Help ensure the success of this case and spread the word to family, workers and friends.”
(These are just a few comments from donors toward the lawsuit.)
