Just prior to Melanie Aitken’s August 2009 appointment to the federal Competition Bureau’s top job (Commissioner), the government implemented sweeping legal powers, dictatorial and unconstitutional in nature, in my opinion, that enabled Ms Aitken to impose “Administrative Monetary Penalties” (AMPs) on businesses that she alone determined to be in violation of the Competition Act.
First alleged offenses would be dealt with by the bureau with a $10 million “penalty” being levied against the alleged offender. Second alleged offenses by the same offender would be charged with an additional $15 million. These so-called AMPs could be charged by the bureau against alleged offenders without the constitutionally entrenched, legally protected aspect of the Charter of Rights and Freedoms, Sec. II, which guarantees, among other things, the presumption of innocence, with said presumption only being overturned if a court finds otherwise beyond a reasonable doubt.
Commissioner Aitken chose to go the civil proceedings route against CREA, where evidentiary standards are much lower than criminal proceedings. Therefore, Ms Aitken used the commissioner’s new found power in a most abusive manner, in a manner mirroring “abuse of dominant position” if you will, due to her actions and application of the AMPs being unconstitutional.
The Supreme Court of Canada will some day have the final say. CREA, faced with an immediate $10-million AMP, could have challenged in court regarding its constitutionality but chose to go the safe route. It rolled over via the Consent Agreement, which was filed with the Competition Tribunal by Ms Aitken immediately thereafter. There were no public hearings or financial/economic analysis regarding the merits of the case.
Pure bullying tactics…and CREA caved…not what we expected or wanted from our “leaders” at CREA.
Thus the misinformed public has been left with the impression that organized real estate in Canada is guilty of criminal behaviour, anti-competitive behaviour, conspiracy, immoral and unethical behaviour across-the-board, because government says so. It thinks that the outfits aiming to get rich quick by selling signs, paper documents, and dreams of big savings are just poor boys who have been treated badly by the guilty ORE folks, none of which has been proven in court. Thanks a lot, CREA.
Brian Martindale
Recently retired from ORE (mercifully)
Lakefield, Ont.
