Decision to Vacate Civil Action
N. Fabiano
Manager, Central Section
Customs Appeals Directorate
Appeals Branch
For the Minister of National Revenue
Fax: (613) 952-2432
File: CS-11205
March 17, 2003
Dear Mr. Fabiano:
Subject: Decision to vacate this civil action and to
no longer demand payment.
I need to know what authority Canada Customs have in
vacating this civil action and I would also need for you to send me a copy
of my appeal with my signature on it, for my records.
I feel totally exhausted and abused by this so called
justice system that we now enjoy in Canada. My only sin in this
whole mess was that I donated one bushel of wheat to a Montana 4H club
without a CWB export permit that is required by law under the Canadian
Wheat Board Act.
This action brought about a $4000 fine, along with a $400
Ascertained Forfeiture. I appealed this ridiculous $4000 fine and
won. Immediately thereafter the Crown appealed the acquittal; threw
out the export permit requirement of the Canadian Wheat Board; reduced the
fine from $4000 to $2500 or 62 days in jail. Now, according to the
Crown, the export permit requirement is no longer an issue. WHY?
Is it because the Crown might not be able to convict me? My sin now
is conveniently transformed into a Customs violation and is no longer a
Wheat Board licensing issue. If you couple the so called good news
from your department (the vacating of this civil action) along with the
withdrawal by the Crown of any wrong doing on my part in terms of
violating the Canadian Wheat Board Act, one has to wonder what in hell is
going on and why was I in jail for 23 days.
What a joke, what an insult when you say that you wish to
thank me for my patience and understanding in this matter. I
sincerely hope that someday soon, justice will prevail once again and that
the victims will be compensated for all of their costs and suffering
incurred during their wrongful incarceration. We've gone through hell!
The Crown was in error from the start, I know it, you know it and God
knows it!!
We will continue to fight this horrible injustice imposed
on us by you and others. The true and justice must resurface and
prevail - no matter what the cost.
Sincerely yours,
J.F. Chatenay
Canadian Wheat Board Director |
