Law | Australia - Assault On Right to Free Association & On Privacy

SOURCE http://www.smh.com.au/nsw/comanchero-bikies-insurance-invalidated-after-canberra-brothel-fire-20150903-gjec6y.html Comanchero bikie's insurance invalidated after Canberra brothel fire Date September 3, 2015 - 6:19PM 486 reading now Fidel Tukel, manager of a brothel in the north of Canberra. Photo: Facebook Life just got tougher for outlaw motorcycle gang members. They will now struggle to get insurance. A company that owned a brothel in Canberra which burned to the ground on New Year's Day 2012 has been refused a $770,000 insurance payout because it failed to disclose that its sole director was the sargent-at-arms in the Comancheros motorcycle gang. In a landmark ruling that will have implications for bikies and organised crime figures, the NSW Supreme Court has ruled that failure to disclose such links invalidates insurance - even insurance taken out over legitimate businesses. The suspicious fire at the Gentlemen's Club in Canberra in 2012 The suspicious fire at the Gentlemen's Club in Canberra in 2012 Photo: Marina Neil Mr Baris Tukel, was the sole director of Stealth Enterprises which owned the Gentleman's Club in Mitchell, a charmless industrial area in the north of Canberra. His brother, Fidel Tukel, well known in boxing circles, was the manager of the brothel. But it was the brothers' connections with the Comancheros which have proved fatal to their insurance claim, which they pursued through the NSW Supreme Court, after it was refused by their insurer Calliden. "What was in issue included whether a reasonable person in Stealth Enterprises' position could be expected to know that their involvement with the Comancheros was relevant to Calliden's decision to accept the risk of insuring the brothel," Justice Monika Schmidt said. The brothers filed affidavits but declined to give evidence in person. The insurer called evidence from a Mr Macken, an intelligence analyst at NSW Police, who said such outlaw motorcycle gangs have been linked to serious crimes such as homicide; drug manufacture, cultivation and distribution; organised property theft and fraud; extortion; and firearm related offences. He also described how outlaw motorcycle gangs distinguished themselves from social motorcycle gangs, including by the use of cloth patches known as "Colours" worn on the rear of vests, which display the name of the gang and the country or state of origin. Photographs in evidence showed Mr Fidel and Mr Baris Tukel wearing Comancheros patches. Stealth Enterprises' argued that the court could not accept the insurer's argument: namely that "if you belong to a bikie gang, you can't get any type of insurance" . It also argued that given Calliden was prepared to insure brothels, a reasonable person in the community wouldn't realise that membership of a bikie gang was a relevant matter to be disclosed to an insurer such as Calliden. Those arguments were rejected by the court. Justice Schmidt said she was satisfied that if the brothers had disclosed their bikie connections when they applied for insurance in 2010 or when it was renewed in 2011, they would have been refused insurance. SOURCE http://www.smh.com.au/nsw/comanchero-bikies-insurance-invalidated-after-canberra-brothel-fire-20150903-gjec6y.html ---------------------- ꕤ ---------------------- COMMENT This decision struck me as utter bullsh*t.  Photos in evidence showed bikie patches being worn.  No!  What is this, the 1950s? Why would any reasonable person consider disclosing membership in a motorcycle club as 'relevant' to an insurer, or to anybody else? "Justice Schmidt said she was satisfied that if the brothers had disclosed their bikie connections ... they would have been refused insurance." How is that even relevant?  Who cares what insurers might have done? The insurers took their money, like they take everybody else's, and it's time to pay up. It sounds like one of those ridiculous Mickey Mouse US courts that always uphold the agenda of corrupt law enforcement, government, and corporations, no matter how ridiculous the decision. I consider this an abuse of human rights.  This is outrageous.  It's an assault on the freedom of association, as well as the right to privacy. Why should insurers - companies who are making bets that an event will not happen (and collecting large profits because of rare occurrence and loss) - be granted any special privileges or rights to know anything and be given the go-ahead to discriminate against any sector of the community that is collectively enriching these companies? What 'would have', 'could have', 'might have' happened is irrelevant. Why isn't a court of law dealing with what actually happened:  the insurer took money to insure & it's time to pay up. ꕤ

Secret Hearing Into Allegations Canada Illegally Spied on Environmental Activists

https://news.vice.com/article/theres-a-secret-hearing-into-allegations-canada-illegally-spied-on-environmental-activists There's a Secret Hearing Into Allegations Canada Illegally Spied on Environmental Activists By Rachel Browne August 12, 2015 | 8:35 pm A federal watchdog committee is set to begin a round of secret hearings to probe complaints that Canada's spy agency, the Canadian Security Intelligence Service, has been illegally snooping on environmental activists working against oil pipeline projects. In 2014 the British Columbia Civil Liberties Association (BCCLA) filed two complaints against CSIS and the Royal Canadian Mounted Police (RCMP) accusing both agencies of spying on environmental and First Nations groups who were organizing against the Enbridge Northern Gateway pipeline, which would carry crude west from Alberta to BC. The groups allegedly subjected to surveillance include the Sierra Club of BC, the Dogwood Initiative, and ForestEthics Advocacy. "This kind of activity, what's being alleged, has no place in democracy. The government and its spy agencies should not be busy surveilling and gathering intelligences on citizenships who are simply living their lives and participating in their communities," Josh Paterson, BCCLA's executive director, told VICE News. "There are plenty of undemocratic countries where governments spy on people they don't agree with. And Canada should not be one of them." The BCCLA's complaints, based on government documents obtained under access to information requests, further allege the spy agency also shared their intelligence about "radicalized environmentalist" groups with the National Energy Board. CSIS has long denied the BCCLA's allegations. "CSIS investigates — and advises government on — threats to national security, and that does not include peaceful protest and dissent," a CSIS spokesperson told the CBC last year. New federal anti-terror legislation, known as Bill C-51, that recently came into force gives CSIS more powers to probe and disrupt extremist activities and has raised further worries that environmental and aboriginal groups in Canada could be subjected to more surveillance than ever before. This week, the Guardian reported on the great lengths the Conservative government has undertaken to protect two major pipeline projects — Northern Gateway and Kinder Morgan — from environmental and First Nations groups. According to documents obtained under access to information by Greenpeace, the government is spending $30 million over two years on domestic and international "outreach activities" to promote the oil sands industry in Alberta. That's on top of the $22 million the government spent in 2014 on a similar ad campaign in the US. The three-day hearings held by the committee that oversees CSIS start today in Vancouver and are shrouded in secrecy — media and members of the public are barred from attending. This afternoon, Paterson will testify for the complainants. And tomorrow, witnesses from groups allegedly spied on will testify about their experiences. But it's unclear when CSIS will argue its side. As part of its disclosure ahead of the hearings, Paterson says CSIS has provided only printouts from its website and has said that a senior spy service manager, known only as "Robert," will testify at some point. CSIS did not immediately respond to a request for comment from VICE News. "It's so secretive that we likely won't know until after it has taken place and it makes this whole hearing super bizarre as an accountability mechanism. We have no ability to know what CSIS' argument is, what their evidence is, we can't respond to their arguments, our lawyers are not able to interact with what CSIS is saying," said Paterson. He added that the BCCLA is not suggesting that a hearing about spying should never be held in secret, especially if there are legitimate concerns about national security or if it would put people in danger. "But here, the government's documents have made clear that there was no threat, that there was no question that these groups were engaged in anything other than peaceful activities. And so we really question why more information can't be disclosed by CSIS about what they were doing." Last week, Alexandra Swann, a volunteer with the Dogwood Initiative, opened up about how the purported spying revelations have impacted her activism. "Finding out had a chilling effect for me. Suddenly, I was very concerned how far it had extended," she wrote on the BCCLA's website. "Was I personally named somewhere? Had they investigated my online activities? Read my emails? I realized the right to privacy was a myth in this country, and that being a decent person was no barrier to illegal scrutiny by people far more powerful than me." Paterson said that witnesses will testify that the allegations about widespread CSIS surveillance has turned many people off from community activism. "We're going to be hearing evidence from witnesses who say people are refusing to sign petitions because they don't want their names out there because they're worried about what security agencies might do," he said. "We're also going to hear evidence from a new Canadian hoping to have Canadian citizenship who also didn't want to sign a petition because she was afraid of upsetting the government. And others who were fearful of volunteering with community organizations because it might draw unwanted attention from community organizations. The BCCLA says it will consider asking the oversight committee to issue summonses to the CSIS employees listed on the documents. The committee's probe is expected to take more than a year. Follow Rachel Browne on Twitter: @rp_browne https://news.vice.com/article/theres-a-secret-hearing-into-allegations-canadas-spy-agency-snooped-on-environmental-activists ---------------------- ꕤ ---------------- ---------------------- COMMENT This is huge. Look at all the public funds that are being spent on *corporations*. Capitalists are anti communism and anti welfare, but they're happy with 'corporate socialism' - ie receiving public funds, bail-outs etc & 'austerity' is never a problem for corporations:  they get rewarded for being crooks. The Canadian government sounds like a corporate 'fascist' / totalitarian nightmare that's developing all over. It's just more and more of the same that's going on everywhere. Governments in bed with corporate interests, at the expense of the public, and governments / government agencies abusing their power. ꕤ

Canada - CSIS Illegal Spying on Enrironmental Activists - Lawsuit | Bill C-51 Gives CSIS Power to Break Law & Violate Constitution

CSIS spy exposé triggers federal hearings By Linda Solomon Wood & Jenny Uechi in News | August 12th 2015 A Vancouver Observer investigation has prompted hearings about whether the RCMP and CSIS broke the law by spying on environmental groups. The Security Intelligence Review Committee (SIRC) began hearing arguments today in Vancouver by the British Columbia Civil Liberties Association (BCCLA) regarding the Harper government's extensive spying on groups critical of the tar sands. The spying was revealed in documents obtained by National Observer's sister publication, Vancouver Observer, in 2013. "We wouldn’t be here if it hadn’t been for the Vancouver Observer," said BCCLA executive director Josh Paterson. The Observer investigation showed the National Energy Board (NEB) coordinating with RCMP and CSIS to monitor groups opposing the proposed Enbridge Northern Gateway pipeline: The federal government has been vigorously spying on anti-oil sands activists and organizations in BC and across Canada since last December, documents obtained under the Access to Information Act show. Not only is the federal government subsidizing the energy industry in underwriting their costs, but deploying public-safety resources as a de facto "insurance policy" to ensure that federal strategies on proposed pipeline projects are achieved, these documents indicate. The federal government spying and monitoring of pipeline critics was illegal and had a "chilling" effect on Canadians' freedom of expression and freedom of association, BCCLA will argue, Paterson said. The hearings opened in a cloak of secrecy. The government barred reporters from photographing people going in or out of the court to prevent them from capturing the image of a secret agent. No media were allowed to observe or report on the hearings and the public is not allowed to attend. But Paterson spoke this morning about what he expected to happen behind closed doors. "Clearly, if there were issues of national security at stake — if there were information that would compromise the safety of agents in the field — you could see why a hearing might take place in secret," he said. "What we know from government documents makes clear that there was no threat to national security, that these groups were operating peacefully. So we don’t understand why at the very least CSIS can’t make more documents public about its activities," he added. "We’re arguing that CSIS broke the law by gathering intelligence about the democratic activities of Canadians in relation to the Enbridge Northern Gateway pipeline. We'll see through these hearings that spies and police though surveillance intimidate people until they feel like they don’t want to participate in the democratic process." CSIS spying exposed through FOIs In November 2013, Matt Millar, then a reporter for Vancouver Observer, obtained Freedom of Information (FOI) documents that showed the NEB coordinating with RCMP and CSIS to monitor several groups, including Idle No More, ForestEthics, Sierra Club, Leadnow, Dogwood Initiative and the Council of Canadians. The FOI material revealed that the NEB was arranging police protection for Enbridge and TransCanada staff, while keeping a close eye on their critics. Vancouver Observer subsequently reported that Canada's chief spy watchdog, Chuck Strahl, then head of SIRC, had registered as a lobbyist for Enbridge. Further investigations revealed that Strahl, a former Conservative cabinet minister, had been contracted by Enbridge since 2011. The stories prompted the BCCLA to file a complaint against RCMP and CSIS for 'illegal' monitoring of peaceful activists, Paterson said. They also led to Strahl's resignation due to perceived conflict of interest. "This stems from documents that were released to the Vancouver Observer that suggested that the RCMP and CSIS had gathered intelligence and shared intelligence on citizens group," said Paterson. "These were groups that were either assisting people to participate in the process, or organizing people to protest against the proposed pipeline. That is part of the life of a democracy and that should be welcomed." "Instead, we see that the government spied on these people and shared information about the activities of environmental groups with petroleum companies. This is highly problematic, and potentially a violation of people’s charter rights," Paterson said. national energy board, CSIS, spying on environmentalists, government spying, RCMP Screenshot of email in which Rick Garber, NEB's "Group Leader of Security," discussing monitoring of First Nations pipeline critics in Prince Rupert. Hearings taking place in atmosphere of secrecy CSIS has disclosed very little information heading into the three-day hearings, BCCLA lawyer Paul Champ told the Canadian Press. Paterson said he hopes for a fair ruling by SIRC, but is disturbed by aspects of secrecy that might thwart a just process. "There’s a whole extra-secret part of the hearings that we’re not allowed to attend. Just CSIS and their lawyers will be there, and they’ll make their case in secret. They won’t even tell us when it’s going to happen. We’ll receive a redacted transcript." Yves Fortier, a member of the Security Intelligence Review Committee who was revealed to be a former TransCanada board member who still held shares in the company, will be part of the committee reviewing this case, he said. "[Fortier] himself is by all accounts an upstanding individual of impeccable reputation," Paterson said. "However, he did used to be on a board of a pipeline company whose name is mentioned in these documents. We had asked for him to step aside based on the appearance of bias." In November of 2013, Vancouver Observer broke the news that Harper government officials and spies met with industry officials in Ottawa. In the shadow of Bill C-51 In February 2014 the BCCLA filed a complaint with the review committee after media reports suggested that CSIS and other government agencies considered opposition to the petroleum industry a threat to national security. The complaint cited reports the spy service had shared information with the National Energy Board about "radicalized environmentalist" groups seeking to participate in the board’s hearings on Enbridge’s Northern Gateway project, which would see Alberta crude flow westward to the B.C. coast. The passage of government security legislation that gives CSIS new powers to disrupt extremist activity has only heightened concerns about government monitoring of environmental and aboriginal protesters who oppose oil pipelines. Paterson is adamant that Bill C-51 has given CSIS far greater powers to break the law and even to violate the constitution. "They have to get a warrant from a judge but that gives us no comfort at all. It’s not the job of judges to break the law but to protect the constitution," he said. "This motivates CSIS to go to judges and say, 'Here’s what we’re planning,' but CSIS has a long history of breaching its duty of candor." "The only thing they’re not allowed to do is violate someone’s sexual integrity, to kill someone or to subvert justice," Paterson adderd. "Short of that, they’re being given the power to break the law and violate the constitution." CSIS did not immediately respond to questions about the process. SIRC has been reached for comment, but did not respond before publication time. — with files from the Canadian Press http://www.nationalobserver.com/2015/08/12/news/csis-spy-expos%C3%A9-triggers-federal-hearings CSIS = Canadian Security Intelligence Service Main national security agency https://en.wikipedia.org/wiki/Canadian_Security_Intelligence_Service SIRC = Security Intelligence Review Committee supposedly independent agency to oversee CSIS inefficient https://en.wikipedia.org/wiki/Security_Intelligence_Review_Committee MORE ELSEWHERE There's a Secret Hearing Into Allegations Canada Illegally Spied on Environmental Activists ACTIVIST'S PERSPECTIVE Hey CSIS. If you're listening, we're going to hold your spying to account. By Kai Nagata     August 13, 2015 http://rabble.ca/blogs/bloggers/dogwood-initiative/2015/08/hey-csis-if-youre-listening-were-going-to-hold-your-spying ---------------------- ꕤ ---------------------- --------------------- COMMENT Wealth of reasons not to give intelligence agencies greater powers. Canada's is shocking & the 'watchdog' (from other articles I've read), is completely toothless. More spying on those engaged in democratic activities  - ie those protesting environmental issues, in this case. Tons of information here.  And what applies in Canada, applies elsewhere.  As in, this is what happens when you give intelligence agencies unchecked power.  It's not used for the benefit of the community; it's used against the community, to further corporate interests (by look of this). Canada sounds bent. ꕤ