February 21, 2005 - Notice Of Intent and Understanding

Re: Urgent Request for a Ruling from: Revenue Canada and Elections Canada
From: Marc Boyer, acting under authority for [name] EDA of the Marijuana Party

Establishment of Facts and Presentation of our Notice of Intent:

Our EDAs wants to enter into a joint public private venture within a 3-party fiduciary agreement, between the party /EDA, the club, and the club members that is based on these founding principles
1. The Elections Act empowers an EDA to raise money for a candidate's election by supporting any lawful activity that is endorsed in a platform of a recognized party or an EDA of a recognized party.
2. Our Officers operates on a well-written 3-party fiduciary agreement that recognizes the PPSA's liability protection, with a structured contract that understands - section 73-74: Conflict with legislation in general - If there is a conflict between this Act and another Act, this Act prevails
3. We all have Charterights to Freedom of thought /expression /association.and contract
THEREFORE A candidate of an officially recognized party enjoys an express guarantee to form an association that promotes his party /EDA's platform, within the restraints and empowerment of the Canadian Law Dictionary definition for our 'freedom of association', to operate under any fair 'Freedom of Contract' structure, that promotes and protects a 'Free and Democratic society'.

Since the Marijuana Party can support any legal means to recognize our Charteright access to cannabis for 'people with medical need that is greater than the perceived risk'
means that by our EDA constituents can endorse [and has endorsed] our platform of supporting access to cannabis to constituents with medical needs, through the following protocal:
1. An Officer for any EDA of the Marijuana Party can legally raise money for the next election by operating a lawful compassion club, at arms length from the party, under a separate 3-party fiduciary agreement between the board of an association /co-op /private club, and the club members, and the party /EDA, as long as all 3-entities have a reasonable benefit from this association.
2. A Party Officer can affiliate himself with our lawful compassion club, and act as a recruiting agent /conflict resolution officer between a club, and this affiliate club's members, in order to promote a mail-order service to people who have medical need. This is an agreement at arms length from the party /EDA, under another 3-party agreement to benefit the members of his or her affiliate club, the compassion club, and his party /EDA. The function of this agreement is 2-fold;
(a) It allows the candidate, who has no immediate desire to operate a compassion club to promote and benefit from delivering on the party platform, without ever handling an interaction, between the compassion club and the member.
(b) It allows a candidate a window to solicit enough members to start his own club with little or no operating costs, until after the membership is large enough to support his club's costs.

 We seek an unambiguous ruling on this sentence:
Our EDA's present position /platform is that: -
As long as the candidate /CEO /CFO of a recognized party, operates a lawful entity at arms length from the EDA /party, that supports the EDA's political platform, respects the discipline of operating within well-structured PPSA agreement(s), operates within a 'medical need private membership club' platform and structure, recognizes the 'rule of law', to create normalitive order by maintaining a structured accounting system that records all transactions, reports and redeems taxes on the sales /profit, and offers a reasonable benefit to all three parties, then such an agreement may be recognized.

The reason for this letter is to avoid a conflict with the CDSA. In the event that there is a conflict with this arrangement and Revenue Canada /Elections Canada, then say so now. In the event this position is opposed, then clearly express any specific conflicts, with reasons for objecting clearly outlined.

*Notice of Understanding: We don't want to be confrontational or adversarial, but your Ministry may want to drag this issue out, for political reasons, which at prima facia are not this department's concerns. In light of the fact that it took Blair Longley, our party leader, 17-years to get an answer to his politically sensitive ruling, we need to stress that we are working with the understanding that 'under the Longley SCC decision', we can dictate a reasonable timeframe to respond. It's our duty to ask difficult political questions.

*Please respectfully recognize that nonfeasance to respond in 10- working days to this notice means compliance with prima facia recognition that such a venture is possible.

Sincerely and without malice aforethought, ill will, vexation or frivolity,

 

Marc Boyer.