notankers.ca

[rubberdinghy]

Can't we just skim the grease off the top?

[Hartamophone]

Ecojustice is awesome. Funnily enough, they're another place I *almost* worked (had to decline their offer, much to my dismay) and I've had some great friends work there.

[Hartamophone]

Well, I don't mean to be stuffy. Let me translate...

Dude, that's so not on. It's all about the Oakes Test - not happening.

You could totally fight about why they made that law but going the Charter way would be sick.

Better?

Yo brah, I'm still going to disagree with you.

I think the Mint would be successful in pleading that the protection of currency is a pressing and substantial objective in restricting the free speech of the Dogwood Initiative. Thus the first stage of the Oakes test would be passed, and the other stages would be less significant hurdles.

My money is still on the interpretation of the legislation, but hopefully this issue never gets to court.

Then again, I'm still just a know-it-all student, so feel free to continue putting me in my place

[StoneMtn]

Do you think I am suggesting that the entire Act would be struck down? That isn't what would be at issue. It is only this one application/interpretation of the Act that would be at issue, meaning the prohibition against putting a sticker on a Loonie, and is what would have to meet the Oakes Test and Constitutional muster, including protecting something within society of such great importance that it justifies infringing a Charter right (which is where your analysis of the intent of the legislation would likely really come in anyway) and that it does so within the "de minimis range". This is a particularly sensitive Charter right, too, because it is not only freedom of expression, but with the purpose of protest for the benefit of society as a whole.

The act of expression does not even permanently destroy the Loonie, which is likely the point of the legislation (again dovetailing with your argument anyway, by the way, so I'm not sure we even disagree about why the defence would win) so anyone appealing to Oakes would really have an uphill battle.

From my reading of the cases that follow Oakes - not a chance, and really your point about legislative intent would be wrapped up into the reasoning why.

Now, the other side to that is that the Mint would claim they are merely engaging in an "administrative act" in applying the legislation this way. I think that's where the triable issue would lie, and would be up to a court, but I already said how I think it would come out.

[Hartamophone]

The campaign is still rolling:

Oily loonies continue despite threats

By Judith Lavoie, Times ColonistMarch 21, 2009

A Victoria-based environmental group is claiming victory over the Royal Canadian Mint in its campaign to decorate loonies with decals of oil-soaked loons.

A strange silence has followed the Mint's initial threats of fines and imprisonment, said Kelsey Singbeil, spokeswoman for the Dogwood Initiative, which has refused to stop decalling. The stickers are part of Dogwood's campaign for a legislated ban on tankers in northern B.C. waters. "We thanked [the Mint] for their concerns, but said we believe we are on the right side of the law and we haven't heard back from them," Singbeil said.

But the Mint says it has not backed down and is waiting for an application from Dogwood for use of the Mint's "intellectual property." "We really want to find an agreeable resolution," said Mint spokeswoman Christine Aquino.

About 50 groups a year apply for use of coin or currency images and it's expected Dogwood will make an application, she said. "We look forward to hearing from them. Each application is considered on an individual basis," she said.

In its initial letter to Dogwood, the Mint said the removable stickers alter the $1 coins and advised the organization to immediately cease and desist.

However, Dogwood now has about 200,000 decalled loonies in circulation and is about to start a blitz to decal another 250,000 coins, which it hopes will be in circulation across the country.

Along with other environmental groups, Dogwood has declared Tuesday as No Tankers Day to commemorate the 20th anniversary of the Exxon Valdez oil spill.

"We are having decalling parties and we've put out a call to have our supporters hold their own mini-parties. It's not just an issue for British Columbians, it's an issue for all Canadians," Singbeil said.

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