Diversity is Division Resulting in The Downfall of Civil Society

“The quickest way to control a population is to turn it against itself. Divide and Conquer. That’s how the British ruled India. If you want to run a City or Country for the benefit of all the people who live in it, by contrast, you’d do the opposite of this. 

You’d deemphasize racial and gender differences. 

You’d understand that in a society and community of many different ethnic groups, tribalism is the greatest threat to unity and order. And you would resist using the existence of racism and gender as an excuse for failure. You would never allow anyone gender or race to blame an entire racial group or one gender for the sins of its ancestors. As this would serve only to embitter and divide the population. It might make a politician's job easier in the short term, yet over time it would wreck the City; community and indeed the country itself. Politicians and businesses once understood this.

Politicians, today no longer oppose segregation. They no longer insist on treating all genders and races equally. They now consider gender and race the centre of human identity. They demand that individuals be exalted or punished because of their gender or skin colour. Human citizens must be judged on what they do, not on how they look or who their parents were or what their ancestors did or did not do.  Our elected politicians, at one time, stood for and said they did not believe in collective punishment or reward. They stood for and believed in the Individual. That’s why they opposed segregation.

Today activist protestors from numerous universities and colleges are demanding spaces entirely off-limits to WHITE people and are demanding segregated meeting areas within these publicly funded institutions of learnings, for Blacks ONLY. And that is NOT what the honourable Reverend Martin Luther King stood for during his short life. And NO media, politicians, professors etc. have acknowledged the irony of banning people, WHITE people or others on the basis of skin colour.

Tell me, if Brown versus Board ruled that school segregation was ILLEGAL, then how are any of these today's efforts to divide people by race, colour and gender legal???

For generations, it was an article of common sense and faith among politicians and businesses that integration was the key to racial and gender harmony. Bigotry grows from ignorance, was the assumption. The more personal exposure we all have to different groups, the more we’ll come to see that everyone’s basically the same. And that understanding is far less divisive than what we are now seeing today.

It’s sad that we no longer hear much from our so-called political leaders, academia or business executives about the importance of racial and gender harmony. As the emphasis now is on our differences which is the essence of the diversity agenda, #IMHOPEOPLE.

And not surprisingly, this has led to an explosion of racial and gender hostility in North American life. It was once considered the greatest possible sin to criticize someone for his/her skin colour or gender. Yet today and now it is regarded as a sign of enlightenment. And it's everywhere, in academia, politics and business, but especially on campuses throughout Canada and the USA.

The identity politics and policies of today may make a City, State, Province or Country easier to govern, it also makes them all much harder and unsafe to live in. Identity politics is based on the premise that everyone is a member of a subgroup, usually a racial or gender category. The point of achieving political power is to divert resources to your group. Which is another word for tribalism!

And this my friends is the most divisive possible way to run a Country, City, Province, State or Business. Because they are not about ideas, they are based on inborn characteristics, tribalism and identity politics which are inherently unreasonable. As there are no winning arguments of different opinions, or even having them. There is only victory or defeat for the groups.

In North America, virtually every non-white and or gender group reaps advantages from being racially and or gender-conscious and politically organized. So how long before someone asks the simple rational question: Why should the whites in North America not be allowed to think of themselves as a group and thus organize and agitate along racial and gender lines, too?

And when this happens, and at this rate of identity politics it will, and when White people become another interest group politically fighting for the spoils, Democracy throughout North America as we’ve known it shall be over. As the sense that we’re all in this together, united by citizenship in a common endeavour of some kind, as Citizens of a Country, City, State or Province, that shall end forever along with democracy, free speech, diversity and integration.

All thanks to politicians, bureaucrats, technocrats, special interest groups and lobbyists have developed a whole series of institutional problems and the lack of political legitimacy because of how politicians, academia, judges and businesses fail to behave morally; ethically and transparently in matters that are central to the lives of most people and treated such obligations as unimportant.

They ALL equally are responsible for encouraging today's permissiveness in the bedrooms that have found their way into the halls of Justice, Boardrooms, Political Parties and Governments.

Diversity is the failure of civil society and is putting us all back into tribalism of divide and conquer.

PS Seeking wisdom based on facts then read Ship of Fools by Tucker Carlson (Author, Narrator)

   

The Full RESOLVED Text Of Dem’s Congress’ Green New Deal Resolution, Introduced By Rep. Alexandra Ocasio Cortez

PS Highlights in RED inserted by myself as NO Costs are provided by the Dem’s in Congress

Resolved, That it is the sense of the DEM’s House of Representatives that—

1.     it is the duty of the Democratic political party controlled the Federal Government to create a Green New Deal—

1.     to achieve net-zero greenhouse gas emissions through a fair and just transition for all communities and workers; AT WHAT COSTS

2.     to create millions of good, high-wage jobs and ensure prosperity and economic security for all people of the United States; By Eliminating Air Travel & Nationalizing Banks & Industries

3.     to invest in the infrastructure and industry of the United States to sustainably meet the challenges of the 21st century; How MUCH is this NEW COSTS in TAXES

4.     to secure for all people of the United States for generations to come—
(i) clean air and water;
(ii) climate and community resiliency;
(iii) healthy food;
(iv) access to nature; and
(v) a sustainable environment; and );AT What Costs and new TAXES to Citizens

5.     to promote justice and equity by stopping current, preventing future, and repairing historic oppression of indigenous communities, communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, the unhoused, people with disabilities, and youth (referred to in this resolution as ‘‘frontline and vulnerable communities’’); AT What Costs and new TAXES to Citizens

2.     the goals described in subparagraphs of paragraph (1) above (referred to in this
resolution as the ‘‘Green New Deal goals’’) should be accomplished through a 10-year national mobilization (referred to in this resolution as the ‘‘Green New Deal mobilization’’) that will require the following goals and projects—

1.     building resiliency against climate change-related disasters, such as extreme weather, including by leveraging funding and providing investments for community-defined projects and strategies; What are the COSTS in dollars and unemployment figures

2.     repairing and upgrading the infrastructure in the United States, including—
(i) by eliminating pollution and greenhouse gas emissions as much as technologically feasible;
(ii) by guaranteeing universal access to clean water;
(iii) by reducing the risks posed by flooding and other climate impacts; and
(iv) by ensuring that any infrastructure bill considered by Congress addresses climate change;What is the total costs

3.     meeting 100 percent of the power demand in the United States through clean, renewable, and zero-emission energy sources, including—
(i) by dramatically expanding and upgrading existing renewable power sources;  and
(ii) by deploying new capacity;At what costs to the us economy and taxpayers through new taxes

4.     building or upgrading to energy-efficient, distributed, and ‘‘smart’’ power grids, and working to ensure affordable access to electricity; At what costs to the us economy and taxpayers through new taxes

5.     upgrading all existing buildings in the United States and building new buildings to achieve maximal energy efficiency, water efficiency, safety, affordability, comfort, and durability, including through electrification; At what costs to the us economy and taxpayers through new taxes

6.     spurring massive growth in clean manufacturing in the United States and removing pollution and greenhouse gas emissions from manufacturing and industry as much as is technologically feasible, including by expanding renewable energy manufacturing and investing in existing manufacturing and industry; At what costs to the us economy and taxpayers through new taxes

7.     working collaboratively with farmers and ranchers in the United States to eliminate pollution and greenhouse gas emissions from the agricultural sector as much as is technologically feasible, including—
(i) by supporting family farming;
(ii) by investing in sustainable farming and land use practices that increase soil health; and
(iii) by building a more sustainable food system that ensures universal access to healthy food;At what costs to the us economy and taxpayers through new taxes

8.      overhauling transportation systems in the United States to eliminate pollution and greenhouse gas emissions from the transportation sector as much as is technologically feasible, including through investment in—
(i) zero-emission vehicle infrastructure and manufacturing;
(ii) clean, affordable, and accessible public transportation; and
(iii) high-speed rail;At what costs to the us economy and taxpayers through new taxes

9.     mitigating and managing the long-term adverse health, economic, and other effects of pollution and climate change, including by providing funding for community-defined projects and strategies; At what costs to the us economy and taxpayers through new taxes

10.   removing greenhouse gases from the atmosphere and reducing pollution, including by restoring natural ecosystems through proven low-tech solutions that increase soil carbon storage, such as preservation and afforestation; At what costs to the us economy and taxpayers through new taxes

11.   restoring and protecting threatened, endangered, and fragile ecosystems through locally appropriate and science-based projects that enhance biodiversity and support climate resiliency; At what costs to the us economy and taxpayers through new taxes

12.   cleaning up existing hazardous waste and abandoned sites to promote economic development and sustainability; At what costs to the us economy and taxpayers through new taxes

13.   identifying other emission and pollution sources and creating solutions to eliminate them; and

14.   promoting the international exchange of technology, expertise, products, funding, and services, with the aim of making the United States the international leader on climate action, and to help other countries achieve a Green New Deal; At what costs to the us economy and taxpayers through new taxes

15.   a Green New Deal must be developed through transparent and inclusive consultation, collaboration, and partnership with frontline and vulnerable communities, labor unions, worker cooperatives, civil society groups, academia, and businesses; and At what costs to the us economy and taxpayers through new taxes

3.     to achieve the Green New Deal goals and mobilization, a Green New Deal will require the following goals and projects—

1.     providing and leveraging, in a way that ensures that the public receives appropriate ownership stakes and returns on investment, adequate capital (including through community grants, public banks, and other public financing), technical expertise, supporting policies, and other forms of assistance to communities, organizations, Federal, State, and local government agencies, and businesses working on the Green New Deal mobilization; At what costs to the us economy and taxpayers through new taxes

2.     ensuring that the Federal Government takes into account the complete environmental and social costs and impacts of emissions through—
(i) existing laws;
(ii) new policies and programs; and At what costs to the us economy and taxpayers through new taxes

(iii) ensuring that frontline and vulnerable communities shall not be adversely affected;

3.     providing resources, training, and high-quality education, including higher education, to all people of the United States, with a focus on frontline and vulnerable communities, so those communities may be full and equal participants in the Green New Deal mobilization; At what costs to the us economy and taxpayers through new taxes

4.     making public investments in the research and development of new clean and renewable energy technologies and industries; At what costs to the us economy and taxpayers through new taxes

5.     directing investments to spur economic development, deepen and diversify industry in local and regional economies, and build wealth and community ownership, while prioritizing high-quality job creation and economic, social, and environmental benefits in frontline and vulnerable communities that may otherwise struggle with the transition away from greenhouse gas intensive industries; At what costs to the us economy and taxpayers through new taxes

6.     ensuring the use of democratic and participatory processes that are inclusive of and led by frontline and vulnerable communities and workers to plan, implement, and administer the Green New Deal mobilization at the local level; At what costs to the us economy and taxpayers through new taxes

7.     ensuring that the Green New Deal mobilization creates high-quality union jobs that pay prevailing wages, hires local workers, offers training and advancement opportunities, and guarantees wage and benefit parity for workers affected by the transition; At what costs to the us economy and taxpayers through new taxes

8.     guaranteeing a job with a family-sustaining wage, adequate family and medical leave, paid vacations, and retirement security to all people of the United States; At what costs to the us economy and taxpayers through new taxes

9.     strengthening and protecting the right of all workers to organize, unionize, and collectively bargain free of coercion, intimidation, and harassment; At what costs to the us economy and taxpayers through new taxes

10.   strengthening and enforcing labor, workplace health and safety, antidiscrimination, and wage and hour standards across all employers, industries, and sectors; At what costs to the us economy and taxpayers through new taxes

11.   enacting and enforcing trade rules, procurement standards, and border adjustments with strong labor and environmental protections—
(i) to stop the transfer of jobs and pollution overseas; and
(ii) to grow domestic manufacturing in the United States; At what costs to the us economy and taxpayers through new taxes

12.   ensuring that public lands, waters, and oceans are protected and that eminent domain is not abused;

13.   obtaining the free, prior, and informed consent of indigenous people for all decisions that affect indigenous people and their traditional territories, honoring all treaties and agreements with indigenous people, and protecting and enforcing the sovereignty and land rights of indigenous people; At what costs to the us economy and taxpayers through new taxes

14.   ensuring a commercial environment where every businessperson is free from unfair competition and domination by domestic or international monopolies; and

15.   providing all people of the United States with—
(i) high-quality health care;
(ii) affordable, safe, and adequate housing;
(iii) economic security; and
(iv) access to clean water, clean air, healthy and affordable food, and nature. At what costs to the us economy and taxpayers through new taxes

Democrats & Progressives Endorse Policies & Ideologies that Foil & Restrain Individualism

It seems quite clear that the Democratic Political Party and Academia in the USA are leaning towards and endorsing positions for a more and more socialist fascist-leaning political party.

As both have totalitarian ideologies and support efforts to force their political ideals on ALL VOTERS to create the US society that MUST conform only to ONE viewpoint, THEIRS. Through intimidation and continuous attempts in denying the views; free speech and rights guaranteed under the Constitution to Millions of citizens with views and opinions of their own.

When the views; opinions; freedom of choices and the free speech of others are continually bullied, coerced and intimidated by one side of an issue then Democracy ceases and Fascism and Socialism takes hold of a Nation's Democracy.

And thus the views of tens of MILLIONS of US citizens and the masses who have politically different opinions and views that Do Not Conform to the rigid views/opinions of the Democratic party and those of Academia thus become irrelevant.

In the USA it has become evident that we have in effect a Democratic Party; Academia and a media movement of intimidation and support of and for a Totalitarian/Authoritarian form of Government.

And this is SAD and very DISTURBING for DEMOCRACY, #IMHOPEOPLE .

Further, I suggest that Democracy Dies without Individualism and further can survive without political parties.

The quest for ideal individualism shall always defeat any re-introduction for Fascism; Socialism; Communism; Radical Islamic Jihadists Extremists, Dictatorships; Totalitarian or Authoritarian governments under the guise of a new political world order for Social Justice!

So let us remember the true factual definition of Individualism which stands for the virtues of self-reliance in the pursuit of a person’s own economic; educational and career work goals.

As a doctrine Individualism advocates freedom from government regulations that takes precedence over the interests of special interest groups, academia, media, lobbyists or local State government’s and non elected bureaucrats and technocrats.

Individualism is NOT part of the teachings of Academia, Socialism, Unionism, Communism, Fascism, Political Parties or Sharia Laws.

However, it is one of the principle doctrines of a free market system, freedom of speech, free choice and the assumption of innocent until proven guilty by a legal court of law under the Constitution.

Political Parties, through their support and passing of certain types of legislation, have proven and shown over and over that they are a hindrance and ruse to democracy when it specifically pertains to individual rights of each citizen. “ 

Americans often proclaim our nation as a symbol of freedom to the world while dismissing nations such as Cuba and China as categorically unfree. Yet, objectively, we may be only half right. Those countries do lack basic individual rights such as due process, placing them outside any reasonable definition of “free,” but the United States now has much more in common with such regimes than anyone may like to admit.” https://www.washingtonpost.com/opinions/is-the-united-states-still-the-land-of-the-free/2012/01/04/gIQAvcD1wP_story.html?utm_term=.8bb703f028cd

Political Party endorsed candidates who seek elected office from the voters are first chosen by the dues-paying party members of the specific political party they seek office for under the banner of a political party NOT the voters. And factually and in reality, these political parties represent LESS than ONE PERCENT of ALL LEGALLY ELIGIBLE VOTERS. 

Thus less than ONE PERCENT of US Citizens within a specific dues-paying political party are setting the legislative agenda for laws and regulations for 99 PER CENT of ALL LEGALLY ELIGIBLE VOTERS.

Unions and special interest groups are for all tense and purposes yet another form of a political party. Special interest groups or unions, like political parties, also routinely encourage members of their movements to constantly protest, legally or illegal, and organize protests, violent and non-violent, mostly on the basis of the ideology of fascism and socialism that the better educated, wealthy and successful hard working Individuals are NOT Doing Enough for them or the masses.

The union membership rate of public-sector workers (33.9 per cent) continues to be more than FIVE TIMES HIGHER than that of PRIVATE-SECTOR Workers (6.4%).  Black workers remained more likely to be union members than White, Asian, or Hispanic workers. The unionization rate in the private sector (6.4 per cent) remained substantially below that for public-sector workers (33.9 percent). Within the public sector, the union membership rate was highest in local government (40.3 per cent), which employs many workers in heavily unionized occupations, such as police officers, firefighters, and teachers. Private-sector industries with high unionization rates included utilities (20.1 per cent), transportation and warehousing (16.7 per cent), and telecommunications (15.4 per cent). Low unionization rates occurred in finance (1.3 per cent), food services and drinking places (1.3 per cent), and professional and technical services (1.5 per cent).

These groups all rationalize illegal strikes, unlawful protests, or braking the laws by labelling themselves as the underdogs full of self-exaltation. That they must fight literally against a free market system and Individualism on behalf of their collective for the redistribution of others money, resources and wealth. Then us these same stolen resources to reintroduce recycled communism, fascism, etc under the guise for a new political world order for Social Justice using the same tried and failed ideologies of Fascism, Communism, Socialism or Totalitarian/Authoritarian systems of governing.

Thus our so-called democratic political parties, unions, special interest groups, media and academia in reality have all incorporated socialism and progressive socialized liberalism. Of this past tried and failed ideologies and economic political theories of socialist, communists, Marxists, or Fascists policies which have become part and parcel of their political mission platforms of the Democratic Party, Anarchists, Special interest groups, Media and Academia #IMHOPEOPLE .

These political views and visions being continually put forth by any Political Party, Union, special interest groups, media or academia are the views of a minority of citizens who all are actively seeking to ultimately override the views and desires of the Individual citizen's wishes in life. 

They propose theories and ideologies for a collective social and economic communion equality at the direct expense of your Individual Liberties, Freedoms, and the free market system based on and for previously TRIED and FAILED economic Marxist governments of the past.

“Under the First Amendment, our government has no role whatsoever in determining what are “political smears, astroturfing, misinformation, and other social pollution.” In the marketplace of ideas and in a vibrant democracy, robust and vigorous debate is to be encouraged, not restricted by government bureaucrats.”

https://www.investors.com/politics/commentary/socialism-ruin-nations/

https://www.heritage.org/global-politics/report/congress-must-stop-yet-another-attempt-muffle-free-speech

Why has NOT one member of the Ontario Legislature been held accountable for Breach of Trust

Hitch v. Clarkson Co. Ltd., 1981 CanLII 2914 (ON SC)

In 1981 all members of the Ontario Provincial Legislature, without exception, voted to frustrate the laws of the Dominion by pre-empting and interfering with the administration of justice in their direct attempt to supplement independently the enforcement provisions of federal laws of federal insolvency legislation and the enforcement of federal criminal legislation.

By so doing they criminally and knowingly conspired to ignore the Constitutional and Charter Rights of an Individual Canadian born citizen by illegally passing a law to freeze one's assets and property rights. Further, they all committed a Criminal Breach of Trust #IMHOPEOPLE and as supported by the decisions of the Ontario High Court of Justice at the time. (Copy below)

As the only true nature and character of the Act was NOT legislation of general application as agreed to by Justice Callaghan J. The law was found to be ultra vires.

Further, these elected representatives of the public from all political parties failed in their elected individual duties and obligations to NOT vote for legislation that they should have known was unconstitutional. Ignorance of the law is not a defence on any of their parts or that of their respective party leaders.

As of today NOT a single member of that legislative body of 1981 has been charged or held accountable for such contempt of democracy; the laws and human rights abuses and Breach of Trust against a fellow citizen let alone apologized!

Shameful……..

NOTE: The offence of breach of trust by a public officer is established where the Crown proves beyond a reasonable doubt that:  (1) the accused is an official; (2) the accused was acting in connection with the duties of his or her office; (3) the accused breached the standard of responsibility and conduct demanded of him or her by the nature of the office; (4) the accused’s conduct represented a serious and a marked departure from the standards expected of an individual in the accused’s position of public trust; and (5) the accused acted with the intention to use his or her public office for a purpose other than the public good, for example,  a dishonest, partial, corrupt, or oppressive purpose. [58]

 Ontario High Court of Justice

Citation: Hitch v. Clarkson Co. Ltd.

Date: 1981-10-16*

Callaghan J.

Counsel:

Ian G. Scott, Q.C., Peter W. Hogg, Q.C., and Ian J. Roland, for applicants.

D. J. M. Brown, for respondents, Clarkson Company Limited and McMillan, Binch.

John L. Ronson, for respondents, David L. Richardson and Peter F. M. Jones.

Anne M. Molloy, for respondent, Montreal Trust Company of Canada.

Lorraine E. Weinrib, for intervenant, Attorney-General of Ontario.

[1]                     CALLAGHAN J. (orally):—This is an application pursuant to leave granted under Rule 124 for a determination of the following question:

Is The Co-operative Health Services of Ontario Assets Protection Act, 1981 within the legislative jurisdiction of the Province of Ontario or in the alternative is it rendered inoperative by the terms of the Winding-Up Act, R.S.C. 1970, Chap. W-10?

[2]                     This application arises in the following circumstances, which for the purposes of these proceedings are undisputed. Co-operative Health Services of Ontario (Co-op) is a co-operative corporation under the provisions of the Co-operative Corporations Act, R.S.O. 1980, c. 91, created by letters of amalgamation dated October 2, 1969.

[3]                     The applicant Clarke was at all material times the general manager of Co-op and the applicant Hitch was a barrister and solicitor practising law in the City of North York, in the Province of Ontario.

[4]                     The applicants purchased premises in the City of North York, at 20 Finch Ave. W., 277 Duplex Ave., and 279 Duplex Ave., on April 6, 1979, and June 13, 1979, respectively. Title to both properties was taken in the name of the applicant W. Ross Hitch "in trust". By an agreement dated January 28, 1981, Hitch in trust agreed to sell the lands and premises to 462333 Ontario Limited. This transaction was stipulated to close on February 27, 1981.

[5]                     On February 20, 1981, by order of the Supreme Court of Ontario leave was granted nunc pro tunc to the Clarkson Company Limited (Clarkson) to execute a petition for an order declaring the insolvency of Co-op and ordering its winding-up. The petition was granted and Clarkson was appointed as liquidator of Co-op pursuant to the provisions of the Winding-up Act, R.S.C. 1970, c. W-10. Since the date of its appointment, Clarkson has acted as liquidator of Co-op pursuant to the provisions of the Winding-up Act and as such has initiated and participated in various trial proceedings all pursuant to the provisions of that Act. In February of 1981, Clarkson, as liquidator, claimed an interest in the lands hereinbefore referred to. It also claimed an interest in the profits from the sale thereof and subsequently commenced various proceedings in the Supreme Court of Ontario to enforce that claim pursuant to leave granted under the Winding-up Act.

[6]                     On April 6, 1981, Clarkson, as liquidator of Co-op, obtained an ex parte order from the Master of this Court under the Winding-up Act empowering Clarkson, inter alia:

to compromise all calls and liabilities to calls, debts and liabilities capable of resulting in debts and all claims, demands and matters in dispute in any way relating to or affecting the assets of the company or the winding-up of the Company, upon receipt of such sums, payable at such times, and generally upon such terms, as are agreed upon, without further notice and without further application to or approval of the court,

and

to institute or defend any action, suit or prosecution or other legal proceeding, both civil and criminal, in its own name as Liquidator or in the name or on behalf of the company, as the case may be, without further notice and without further application to or approval of the Court.

[7]                     Clarkson brought interlocutory motions to restrain the disposition of the land or the proceeds from the sale of the land in which it claimed an interest.

[8]                     This litigation led to discussions between the solicitor for Clarkson and the solicitor for the applicants herein, with regard to the agreement of purchase and sale of the said premises and a possible settlement of the issues in dispute in the proceedings instituted in this Court. A formal agreement in writing between Clarkson, as liquidator of Co-op, Hitch in trust and the Montreal Trust Company of Canada (Montreal Trust) dated May 21, 1981, was entered into (the Agreement). The Agreement provided, inter alia:

1. Payment of Proceeds of Sale. If the sale of the Lands to 462333 Ontario Limited is completed, the proceeds of such sale, including interest accrued on such proceeds, net of:

(a) the amount required to discharge all mortgages affecting the Lands including, without limitation, mortgages assigned to the Canadian Imperial Bank of Commerce;

(b) real estate commission payable in connection with the sale transaction; and

(c) adjustments for realty taxes, rent and utilities shall be paid as follows:

(i) $50,000 to Hitch in Trust or as he may direct to be dealt with in his sole discretion, free of any claim by the Liquidator with respect to Hitch in Trust for an accounting or otherwise;

(ii) the remainder to the Trustee, to be invested by the Trustee in renewable 30-day term deposits, which remainder and the interest accrued thereon are hereinafter referred to as the "Balance".

2. Trust. The Liquidator and Hitch in Trust confirm that the Balance will be held by the Trustee in trust for the Liquidator and Hitch in Trust;

(a) until the final disposition of interlocutory motions in Actions Nos. 3762/81, Whitby, and 4704/81, Toronto, currently brought by the Liquidator and at present returnable May 19, 1981, to restrain W. Ross Hitch and Peter R. Clarke from disbursing the Balance until final judgment in or other final disposition of the hereinbefore recited actions; and

(b) if such interlocutory motions brought by the Liquidator are successful, until a final judgment in or other final disposition of such actions declaring the respective entitlements of the Liquidator and Hitch in Trust to the Balance or until further order of the Court.

3. Payment without Prejudice. Payment of the Balance to Hitch in Trust under paragraph 2(a) (which shall be made unless paragraph 2(b) applies), shall be without prejudice to the Liquidator's rights to demand an accounting with respect to the Balance and if any final judgment or other final disposition so provides, to demand and receive payment to it of the Balance so paid to Hitch in Trust.

4. Payment by Trust of Balance. The Trustee shall release the Balance in accordance with the joint written direction of the Liquidator (or its counsel, McMillan, Binch) and Hitch in Trust (or his counsel, Cassels, Brock) and the parties will execute, or will cause their respective counsel to execute, such direction expeditiously to give effect to paragraph 2.

[9]                     On May 21, 1981, the sale referred to closed and on the basis of the above-mentioned agreement the mortgages were discharged and the net proceeds of the sale, $378,200, were paid to Montreal Trust pursuant to its terms.

[10]                  The interlocutory motions were terminated on June 8, 1981, by a decision of this Court. An application for leave to appeal was dismissed on June 11, 1981. These motions, it is agreed, were the interlocutory proceedings and motions referred to in the Agreement and had all been finally resolved pursuant to the provisions of that Agreement as of June 11th.

[11]                  On June 15, 1981, the solicitors for Clarkson wrote to the solicitors for the applicants in the following terms:

Dear Sirs:

In view of the disposition of the motion for leave to appeal, would you kindly advise what arrangements you wish to make for the disbursal of the funds held by Montreal Trust.

We would also refer you to paragraph 13 of the Affidavit of Mr. Clarke dated May 15th, 1981, in action No. 4704/81. Would you kindly indicate what arrangements you wish to make for the payment of the Patterson notes in the amount of $93,403.00 and $50,000.00 respectively. Perhaps a Direction to Montreal Trust would be the most convenient method of finalizing such arrangement. In return, Clarksons' would endorse the notes to Mr. Clarke without recourse.

We look forward to hearing from you.

[12]                  On June 17, 1981, the Legislature of the Province of Ontario enacted the Co-operative Health Services of Ontario Assets Protection Act, 1981 (Ont.), c. 7. On July 13, 1981, Clarkson executed the direction to Montreal Trust referred to in the Agreement. On July 14, 1981, upon presentation of the direction executed by Clarkson as liquidator and by the solicitors for the applicants, Montreal Trust refused to pay over the proceeds with the advice that it was unable to distribute or release the funds except as permitted by the terms of the Act. These funds have not been released to date. The liquidator states that the enactment of the Act frustrates its ability to perform its obligations under the aforementioned Agreement.

[13]                  In the present action the applicants seek a declaration that the Act is ultra vires the Legislature of Ontario and damages againstClarkson for breach of contract, i.e., the Agreement. The applicant also claims damages against all defendants, except Montreal Trust for conspiracy to injure.

[14]                  The defendants plead that the Act frustrated Clarkson's obligations under the Agreement and deny the conspiracy. The Montreal Trust in a separate pleading awaits direction of this Court as to its obligations with respect to the funds held by it. Concurrent with this action, Clarkson as liquidator of the estate, has initiated another action in the Supreme Court of Ontario against the applicants as defendants to determine entitlement to the trust fund which is the subject of the Agreement.

[15]                  The Act itself provides as follows:

An Act respecting

Certain Potential Assets of Co-operative

Health Services of Ontario

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. In this Act, "trust property" means the funds in the possession of Montreal Trust Company of Canada on the 17th day of June, 1981, and any interest thereon, from the sale of the lands known municipally as 20 Finch Avenue West and 277 and 279 Duplex Avenue, all in the City of North York, in The Municipality of Metropolitan Toronto, sold by W. Ross Hitch, in Trust, to 462333 Ontario Limited.

2. Notwithstanding the decision of any court, the trust property shall be held by Montreal Trust Company of Canada, as trustee, or by such other trustee as may be named by the Lieutenant Governor in Council, until such time as The Clarkson Company Limited applies to the Supreme Court of Ontario for discharge as liquidator of the estate and effects of Co-operative Health Services of Ontario.

3. The trustee shall not distribute or, except for the purposes of transferring the trust property to a trustee appointed under clause a of section 4, release the trust property until The Clarkson Company Limited makes the application referred to in section 2.

4. The Lieutenant Governor in Council may, by order,

(а) name a person to act as trustee of the trust property and, where a person is so named, the trustee, as of the day of the order, shall take all steps necessary to transfer the trust property to the new trustee; and

(b) prescribe one or more classes of investments that may be made by the trustee with respect to the trust property and fix the compensation of the trustee, which compensation shall be paid out of the trust property.

5. This Act shall be deemed to have come into force on the 17th day of June, 1981.

6. The short title of this Act is The Co-operative Health Services of Ontario Assets Protection Act, 1981.

[16]                  The explanatory note accompanying the Act after reference to the concurrent action above mentioned provides as follows:

The Clarkson Company Limited applied for an interlocutory injunction to preserve the funds until the trial of the action. The application and leave to appeal were denied. The Bill preserves the funds until all matters related to the distribution of the assets of Co-operative Health Services of Ontario have been determined.

[17]                  The validity of the Act is impeached on the grounds that the Legislature in purporting to preserve the "trust property" has invaded the exclusive legislative domain in relation to insolvency ascribed to Parliament under s. 91(21) of the British North America Act, 1867: see R.S.C. 1970, App. II.

[18]                  Counsel for the Attorney-General for Ontario whose submissions were adopted by all the respondents except Montreal Trust herein and who appeared pursuant to s. 35 of the Judicature Act, R.S.O. 1980, c. 223, submits that the provisions of the Act simply preserve the availability of the trust property for distribution under the Winding-up Act and as such is analogous to noncoercive provincial moratorium legislation. Furthermore, it is submitted that the Act merely preserves the status quo for a fixed period of time. It is argued that it is validly enacted pursuant to s. 92(13) of the British North America Act, 1867.

[19]                  There is no doubt that the Province may in certain circumstances and in proper aspects enact moratorium legislation: see Abitibi Power & Paper Co. Ltd. v. Montreal Trust Co. et al., 1943 CanLII 303 (UK JCPC), [1943] 4 D.L.R. 1 at p. 9, [1943] A.C. 536 at pp. 547-8, [1943] 3 W.W.R. 33. This power, however, is circumscribed within defined limits. In Canadian Bankers' Ass'n et al. v. A.-G. Sask., 1955 CanLII 78 (SCC), [1956] S.C.R. 31 at p. 42, [1955] 5 D.L.R. 736 at p. 752, 35 C.B.R. 135, Mr. Justice Locke stated:

Power to declare a moratorium for the relief of the residents of a province generally in some great emergency, such as existed in 1914 and in the days of the lengthy depression in the thirties, is one thing, but power to intervene between insolvent debtors and their creditors, irrespective of the reasons which have rendered the debtor unable to meet his liabilities, is something entirely different.

It is in light of that caution that one approaches the submission of the intervenor in this case. The sole issue for determination is the true nature and character of the Act. The Act is not legislation of general application. Rather, it appears to be legislation directed solely to the property held by Montreal Trust pursuant to the Agreement. That Agreement was a compromise arrived at between a liquidator under the Winding-up Act and the applicants in the course of the administration of the estate of the insolvent. Neither the authority nor the propriety of the liquidator in arriving at such a compromise has been placed in dispute in these proceedings. Indeed, such arrangements are clearly contemplated under the order of the Master of this Court, dated April 6, 1981: see Record, pp. 37-40.

[20]                  The Agreement contains precise terms under which Montreal Trust is obliged to pay out the proceeds of the sale. That the liquidator, in the course of the administration of the estate, had an interest in the payment of part of those funds notwithstanding its failure to obtain all of them by the various curial proceedings initiated by it, is manifest from the letter of June 15, 1981, to the solicitor for the applicant.

[21]                  The Act by s. 2, in my view, frustrates that Agreement and imposes a freeze on the "trust property" in the hands of Montreal Trust. Indeed, that section appears to deny the liquidator that portion of the "trust property" claimed in the letter of June 15, 1981, until such time as Clarkson applies to the Court for a discharge.

[22]                  Further, s. 4 of the Act appears to empower the Lieutenant-Governor in Council to vary the terms of the Agreement. In so doing the Act authorizes the Lieutenant-Governor in Council to, in effect, rewrite the compromise arrived at by the liquidator in the course of the administration of the estate under the Winding-up Act. By that section, the Lieutenant-Governor in Council may replace the trustee, Montreal Trust, direct the interim investment of the trust funds, fix the amount of compensation the trustee may claim, and charge the trust property with that compensation.

[23]                  In my opinion, legislation which so directly interferes with property subject to a compromise arrangement between a liquidator under the Winding-up Act and a third party is not simply legislation analogous to moratorium legislation; but, rather, is legislation which in its true nature and character pre-empts and interferes with the administration of the insolvent's estate by actively assuming the protection of potential estate assets. In so doing, it is no more than a legislative attempt to supplement the enforcement provisions of the federal insolvency legislation.

[24]                  The general scope of the jurisdiction in relation to bankruptcy and insolvency conferred under s. 91(21) is a subject which has been much traversed in the case-law. It is clear that compositions, arrangements and the administration of the insolvent's estate are within that jurisdiction: see Reference Re Farmers' Creditors Arrangement Act, 1934, 1936 CanLII 35 (SCC), [1936] S.C.R. 384 at pp. 389 and 393, [1936] 3 D.L.R. 610 at pp. 613 and 617, 17 C.B.R. 359, per Duff C.J. [affirmed 1937 CanLII 367 (UK JCPC), [1937] 1 D.L.R. 695, [1937] A.C. 391, [1937] 1 W.W.R. 320]. It is equally clear that the Province cannot step in and assume the protection of an insolvent or his estate: see Canadian Bankers' Ass'n, supra, per Rand J., at p. 47 S.C.R., p. 740 D.L.R.:

If the province steps in and actively assumes the general protection of such a debtor, by whatever means, it is acting in relation to insolvency, and assuming the function of Parliament; it is so far administering, coercively as to creditors, the affairs of insolvent debtors. In this it is frustrating the laws of the Dominion in relation to the same subject.

Furthermore, a provincial Legislature has no mandate to supplement federal insolvency legislation: see Re Wentworth Ins. Co., 1968 CanLII 38 (ON CA), [1968] 2 O.R. 416 at p. 425, 69 D.L.R. (2d) 448 at p. 457, 11 C.B.R. (N.S.) 265, per Laskin J.A.; affirmed 1969 CanLII 18 (SCC), [1969] S.C.R. 779, 6 D.L.R. (3d) 545, 12 C.B.R. (N.S.) 265, sub nom. A.-G. Ont. v. Policyholders of Wentworth Ins. et al.:

It is as incompetent for a provincial Legislature to seek independently to supplement the enforcement of federal insolvency legislation as it is to seek to supplement independently the enforcement of federal criminal legislation.

[25]                  The legislation in question on this application purports to exercise legislative power in relation to and for the purposes of assisting in matters relating to the distribution of the assets of an estate of an insolvent.

[26]                  The Act in assuming to protect potential estate assets and thereby directly frustrating a compromise arrangement negotiated by the liquidator under the Winding-up Act is, in my view, legislation in relation to matters falling directly within the subject of insolvency and is, accordingly, ultra vires. The declaration sought will be granted and the question of law propounded will be answered in accordance with these reasons.

[27]                  Application granted.