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Monday, 6 October 2014

The Incredible Shrinking Public Domain and Crown Corporations of Canada

Definition of Superman: Either Adolf Hitler’s concept of German evolution (in the philosophy of Nietzsche) and an ideal man; who through integrity, and creativity, would rise above good and evil; and who represents the ultimate goal of human evolution - or-the “all-American”-from the United states of the Americas, 20th-century, comic-book “hero”, who takes his name from the 19th-century German philosopher Friedrich Nietzsche's term for the ideal superior man, which is Übermensch in German.
 Übermensch might also have been translated Overman or Beyondman, Another But, a work by George Bernard Shaw, published in 1903, helped to establish the English term for Nietzsche's concept as superman.

Such a term comes to us through a process called loan translation, or calque formation, whereby the semantic components of a word or phrase in one language are translated literally into their equivalents in another language. German Übermensch is made up of über-, "over, beyond, super-," and Mensch, "man." We also find overman and beyondman as calques for the word Übermensch, but they did not take root. 
What were we supposd to be talking about ? Oh yea- you're right- that's what it was--so let's get on with it..


Public Domain Image first published prior to 1923

Canadian Crown corporations are enterprises often thought to be owned-or at least so claimed by the existing government-by the Crown or Queen, in right of Canada (the federal state) or in right of aprovince (a provincial state). Actually, they are OWNED by the citizenship of Canada and are technically in the PUBLIC DOMAIN. They are often established by an act of the relevant parliament and report to that body via a minister of the Crown in the relevant cabinet, though they are SOMEHOW-like private corporations- which they are not and never can be, without full approval of the citizenship-you figure it out-"shielded from constant government intervention and legislative oversight" and thus "generally enjoy greater freedom from direct political control than government departments.
Monarchy of Canada
Queen of Canada
The monarchy of Canada is the core of both Canadian government federalism and its Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of the federal and each provincial government.
 The current Canadian monarch, since 6 February 1952, is Queen Elizabeth II. Although the person of the sovereign is equally shared with fifteen other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct.
As a result, the current monarch is officially titled Queen of Canada and, in this capacity, she, her consort, and other members of the Canadian Royal Family undertake public and private functions domestically and abroad as representatives of the Canadian state- peoples of Canada. However, the Queen is the only member of the Royal Family with any constitutional role. The Queen lives predominantly in the United Kingdom and, while several powers are the sovereign's alone, most of the royal governmental/ ceremonial duties (the queen is really only a figurehead) in Canada are carried out by the Queen's representative, the governor general. In each of Canada's provinces, the monarch is represented by a lieutenant governor, while the territories are not sovereign and thus do not have a viceroy.
Per the Canadian Government’s Constitution, the responsibilities of the sovereign and/or governor general include summoning and dismissing parliament, calling elections, and appointing governments. Further, Royal Assent and the royal sign-manual are required to enact laws, letters patent, and orders in council. But,the authority for these acts stems from and must be ultimately condoned and acceptedby the Canadian populace and within the conventional stipulations of constitutional monarchy, the sovereign's direct participation in any of these areas of governance is limited, with most related powers entrusted for exercise by the elected (maybe) and appointed parliamentarians, the ministers of the Crown generally drawn from amongst them, and the judges and justices of the peace. The Crown today primarily functions as a guarantor of continuous and stable governance and a safeguard against the abuse of power the sovereign acting as a custodian of the Crown's democratic powers and a representation of the power of the people above government and political parties.
The historical roots of the Canadian monarchy date back to approximately the turn of the 16th century when European countries made the first claims to what is now Canadian territory.
 Monarchical governance thenceforth evolved under a continuous succession of French and British sovereigns, and eventually the legally distinct Canadian monarchy which is sometimes colloquially referred to, by someone or other, as the Maple Crown.
Crown corporations have a long standing presence in the country and have been instrumental in the formation of the governmental state.
 Since they are in truth PUBLICALLY OWNED; they can and should provide funding and services required by the public that would not be economically viable as a private enterprise, or don't fit exactly within the scope of any ministry (this should include funding for and services provided by another “Crown Corporation” but does NOT include mayors or other government/politicians and bureaucrats naming their own salary.  If so authorised by the general populous, Crown Corporations may become involved in everything from the distribution, use, and price of certain goods and services to energy development, resource extraction, public transportation, cultural promotion, and property management. Technically- NO LEGALLY- because they are Owned By The Taxpayers OF Canada, They Cannot Be Further Taxed-Including A Toll. And, They Cannot Be Operated With The Vision Of “Corporate Profit”.
In Canada, Crown corporations, within either the federal or provincial spheres, are TECHNICALLY, owned and operated by the taxpayers of Canada, as represented by the monarch, as the institution's sole shareholder; this follows the fraudulent and illegal (Magna Carta) premise that the Crown, as an institution, owns all the property of state. In practice, most Crown corporations now operate at arm's length from the government (the Queen-in-Council), with direct government control only being exerted over the corporation's budget and the appointment of its chairperson and directors through Orders-in-Council.
Often, nowadays-growing economy, you know, and according to the preferred thinking of involved (financially benefiting-Translink CEO making more money than the president of the United States of the Americas) politicians and connected bureaucrats; some Crown corporations are expected to be profitable organisations, while others are non-commercial and rely entirely on public funds to operate. Further, in the federal sphere, certain Crown corporations can be an agents or non-agent of the Queen in Right of Canada. One with agent status is entitled to the same “constitutional”???prerogatives, privileges, and immunities held by the “Crown” and can bind the “Crown” by its acts. The Crown is thus entirely responsible for the actions of these organisations. The Crown is not liable for Crown corporations with non-agent status, except for actions of that corporation carried out on instruction from the government, though there may be "moral obligations" on the part of the Crown in other circumstances.
History of Crown Corporations
Prior to the formation of Crown corporations as presently understood, much of what later became Canada was settled and governed by a similar type of entity called a chartered company. These companies were established by a royal charter by the Scottish, English, or French crown, but; like what our Canadian “Governments” are attempting with “Crown” Corporations, were owned by private investors. Of course, so far as the governments??? were concerned; they fulfilled the dual roles of promoting government policy abroad and making a return for shareholders-of course, according to political thinking the only shareholders being the bureaucrats  and politicians- of course, you do understand, all governments must have a sustainable source of government pension funding. Certain companies were mainly trading businesses, by some were given a mandate (by royal charter) to govern a specific territory called a charter colony, and the head of this colony, called a proprietary governor, was both a business manager and the governing authority in the area. The first colonies on the island of Newfoundland were founded in this manner, between 1610 and 1728.
The Hudson's Bay Company
Canada's (before the company was sold to the United States of the Americas)most famous, and influential chartered company, was the Hudson's Bay Company founded on May 2, 1670, by royal charter of King Charles II. The HBC became the world's largest land owner, at one point OWNING 7,770,000 km2 (3,000,000 square miles.  Territory that today would incorporate the provinces of Manitoba, Saskatchewan and Alberta, as well as Nunavut, the Northwest Territories, and Yukon-most of Canada.
The Hudson’s Bay Company thus often being the point of first contact between the colonial government and “First Nations”-whoever they were or now claim to be. By the late 19th century, however, the Hudson’s Bay Company “lost”(where) its monopoly over Rupert's Land and became a fully privatised company—ask yourself; Legally? And, if so, by whose authority? The Hudson’s Bay Company has (illegally) been sold to the United States of the Americas.
The first major Canadian experience with directly state-owned (this sounds to me, a lot like communism or, at least, socialism) enterprises came during the early growth of the railways. During the earlier part of the century, many British North American colonies that now comprise the Canadian federation had Crown corporations, often in the form of railways, such as the Nova Scotia Railway, since there was limited private capital available for such endeavours. When four British colonies were somehow joined to create the Canadian federation in 1867, these railways were “transferred” to the new central government. As well, the construction of the Intercolonial Railway between them was one of the terms of the new constitution (What constitution, Canadians could not even call themselves Canadian?). The first section of this entirely “government-owned”??? (in  a “DEMOCRACY” the government is only an administrator and the politicians do not and cannot OWN anything to do with the government-the railway was completed in 1872.
Western Canada's early railways were all run by privately owned companies backed by taxpayer subsidies and loans. By the early twentieth century, however, many of these had become bankrupt (monies still owed-by someone- to the taxpayer of Canada). The federal government “nationalized” several failing Western railways and combined them with its existing Intercolonial and other line in the East to create Canadian National Railways (CNR)[which has since been-illegally- sold to the United States of the Americas] in 1918 as a transcontinental system. The CNR was unique in that it was a conglomerate, and besides passenger and freight rail, it had inherited major business interests in shipping, hotels, and telegraphy and was able create new lines of business in broadcasting and air travel (all of which to this day are legally OWNED BY THE TAXPAYERS OF CANADA. Many of the components of this business empire where later spun off into new Crown corporations including some the most important businesses in the mid-twentieth century economy of Canada, such Air Canada, the Canadian Broadcasting Corporation (CBC), Via Rail, and Marine Atlantic. POLITICIANS-THE GOVERNMENTS THEY CLAIM TO FORM-STILL CAN’T FIGURE OUT WHY THE OPRESSED, TAXPAYING, POPULOUS OF SO MANY COUNTRIES ARE NOW IN OPEN REVOLT.
Provincial Crown corporations re-emerged in the early twentieth century, most notably in the selling of alcohol. Government monopoly liquor stores were seen as a compromise between the recently ended era of Prohibition and the excesses of the previous open market which had led to calls for prohibition in the first place. Virtually all the provinces used this system at one point. The largest of these government liquor businesses, the Liquor Control Board of Ontario (founded 1927), was by 2008 one of the world's largest alcohol retailers. Resource and utility companies also emerged at this time, notably Ontario Hydro in 1906, Alberta Government Telephones in 1906, and SaskTel in 1908. Provincial governments also re-entered the railway business as in Northern Alberta Railways in 1925 and what later became BC Rail in 1918. A notable anomaly of this era is Canada's only provincially owned "bank" (though not called that for legal reasons) Alberta Treasury Branches, created in 1937.
New crown Corporations were created throughout much of the mid-century. A government-People/Taxpayer owned, as technically, were all Canadian banks-Business Development Bank of Canada was created in 1944. The federal Post Office Department became a Crown corporation as Canada Post Corporation in 1981, and Canada's export credit agency, Export Development Canada, was created in 1985. Perhaps the most controversial was Petro-Canada, Canada's short-lived attempt to create a national oil company,(Most all of Canada’s oil is now owned by either the United States of the Americas or by China-more illegal government sales) founded in 1975.
Not only the federal government was involved, but also the provinces, who were in engaged in an era of "province building" (expanding the reach and importance of the provincial governments) around this time. The prototypical example is undoubtedly Hydro-Québec, founded in 1944 and now the Canadian taxpayer’s largest electricity generator and the world's largest producer of hydro-electricity. It is widely seen as a symbol of modern Quebec, helping to create the Quiet Revolution of the 1960s where (lead by Pierre Trudeau, his vision of a French Canada, and his power seeking cohorts in the United States of the Americas) French-speakers in Quebec rose to positions of influence in the industrial economy for the first time, and Quebec nationalism emerged as a strong political force. This model followed by Saskatchewan Power in 1944 and BC Hydro in 1961. Other areas provinces were active in included insurance (Saskatchewan Government Insurance, 1945)
The heyday of Crown corporations ended in the late 1980s, and there has been much highly, highly, illegal privatization-governments selling off  and politicians assuming ownership of properties and corporations THEY DO NOT AND NEVER COULD OR IN A “DEMOCRATIC” CANADA CAN  since that time, particularly at the federal level. Air Canada was privatized in 1988 and Canadian National Railway in 1995.
1995, in what was at the time the largest privatization in Canadian history, the Canadian government sold off stock in Canadian National Railways (CN)- stock that it did not; and, of course, could not and constitutionally(terms of Federation) own. Four years later the railroad acquired all the stock of the Illinois Central Railroad, thereby forming a rail network that reached from the Gulf of Mexico to the Atlantic and Pacific coasts of Canada. In 1998 an alliance with Kansas City Southern Railway extended CN’s lines into Mexico, furthering CN’s goal of becoming “the NAFTA railroad,” establishing itself as an important carrier of freight between Canada, the United States, and Mexico under the terms of the North American Free Trade Agreement. Strangely, Bill Gates-I do believe his home base is the United States of the Americas-he definitely is not Canadian-was in 2011 the largest single shareholder of CN stock. 

Properties Or Works In The Public Domain: Are often thought of as being only works of art- and then only those whose intellectual property rights have expired, have been forfeited, or are inapplicable. Examples  of such include the works of Shakespeare and Beethoven, most of the early silent films, the formulae of Newtonian physics, and powered flight- but what about “Crown” Corporations -having been/or now being- funded by the taxpayer-they are also PUBLIC DOMAIN-elected, democratic GOVERNMENT/CIVAL SERVANT/POLITICIANS are not privileged, feudal, aristocracy-they do not and cannot OWN and cannot buy or sell government managed- taxpayer owned properties without specific permission from the entire Canadian populous.
 Copyrighted, works of art, may not be used for derivative works; without permission from the copyright owner. Public domain, works of art can be freely used for derivative works; without permission. Publically/taxpayer owned corporations are a little different- like an ENTIRE collection of public domain art works usage restrictions can be imposed because of the cumulative though public ownership.
 Of course, the copy right reference here is to the United States of the Americas-only so, none of the preceding statements are now –nor were they ever true- or considered just- elsewhere in the cosmos. Only the United States of the Americas requires the registration of a publishing date; elsewhere any produced, hardcopy material is automatically copyright.
Copyright Term and the Public Domain in the United States of the Americas, as of 1 January 2014.
·         Never Published, Never Registered Works.- even in the United States of the Americas, publishing need not be through a publishing company.
·         What was in the public domain in the U.S. as of 1 January 2014.
·         Unpublished works-in most countries, all hard copy(touchable, readable by other than original athor)material is considered published
Copyright Term = Life of the author + 70 years
Works from authors who died before 1944.
·         Note:Unpublished, anonymous, pseudonymous works, and works made for hire (corporate authorship)
Copyright Term= 120 years from date of creation
·         Works created before 1894; and unpublished works; when the death date of the author is not known
Copyright Term=120 years from date of creation.
·         Works created before 18945and/or registered or first published in the United States of the Americas before 1923
Copyright Term= None; all In the public domain due to copyright expiration
·         1923 through 1977and published without a copyright notice
Copyright Term=None. In the public domain due to failure to comply with the formalities,as required, by the United States of the Americas.
·         1978 to 1 March 1989, and published without notice, and without subsequent registration within 5 years
None. In the public domain due to failure to comply with formalities as required by the government of the United States of the Americas.
·         1978 to 1 March 1989-Published without notice, but with subsequent registration within 5 years
Copyright Term=70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first.
1923 through 1963-Published with notice but copyright was not renewed-NOTE;in most countries, copyright is NOT renewable.
Copyright Term= None. In the public domain due to copyright expiration
·         1923 through 1963-Published with notice and the copyright was renewed
Copyright Term= 95 years after publication date.
·         1964 through 1977-Published with notice
Copyright Term= 95 years after publication date
·         1978 to 1 March 1989-Created after 1977 and published with notice
Copyright Term=70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
·         1978 to 1 March 1989-Created before 1978 and first published with notice in the specified period
Copyright Term= The greater of the term specified in the previous entry or 31 December 2047
·         From 1 March 1989 through 2002-Created after 1977
Copyright Term =70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
·         From 1 March 1989 through 2002-Created before 1978 and first published in this period
Copyright Term= The greater of the term specified in the previous entry or 31 December 2047
·         After 2002
Copyright Term=70 years after the death of author. If a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first
Note: Anytime-Works prepared by an officer or employee of the United States Government as part of that person's official duties.

Copyright Term= None. Always public domain in the United States of the Americas.
©Al (Alex-Alexander) D. Girvan. All rights reserved. 


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